Chapter 961 Oregon Laws 1999

Session Law

AN ACT

HB 2670

Relating to education; creating new provisions; amending ORS 327.006 and 332.405; and declaring an emergency.

Whereas the people of the State of Oregon recognize the importance of having citizens with honorable character qualities based upon the moral standards held by our nation's founders and with which they established our nation and legal system; and

Whereas the statement by Alexis de Tocqueville that "America is great because America is good, and if America ever ceases to be good, America will cease to be great" is valid and true; and

Whereas Oregon should be a place where families are strong, homes and streets are safe, education is effective, business is productive, neighbors care about one another and citizens are free to make wise choices for their lives and families; and

Whereas lack of commitment and irresponsibility have resulted in an increasing number of family problems causing personal, social and financial consequences to individual family members and to the state as a whole; and

Whereas there is a need for more positive role models among our young people to help prevent juvenile rebellion and delinquency; and

Whereas the health, safety and welfare of the citizens of this state are endangered, resulting in a financial burden upon the taxpayers, when the people of the state fail to demonstrate positive character qualities and make wrong moral choices; and

Whereas many current societal problems will be alleviated when the citizens of this state live by positive and constructive character qualities that distinguish between right and wrong; and

Whereas schools should provide a safe atmosphere in which character is exemplified, taught and strengthened, and in which learning is encouraged; and

Whereas our state has experienced an increase in juvenile crimes of a serious nature, and the crimes are being committed by juveniles of younger ages; and

Whereas youth offenders are exposed to an increased amount of antisocial influence and exhibit a lower level of awareness of behavior that is wrong and unacceptable; and

Whereas rehabilitative programs available for juvenile offenders are faced with the challenge of a lack of adequate facilities and a high rate of recidivism; and

Whereas individuals are responsible for their actions; and

Whereas daily decisions should be based upon objective moral standards that are the basis of universally recognized character qualities such as attentiveness, obedience, truthfulness, gratefulness, generosity, orderliness, forgiveness, sincerity, virtue, responsibility, patience, initiative, self-control, punctuality, resourcefulness, discretion, creativity, tolerance, diligence, loyalty, hospitality, flexibility, discernment, enthusiasm, boldness, cautiousness, sensitivity, respect, honesty and kindness; and

Whereas a growing number of cities throughout the United States and other nations have experienced an amazingly high rate of success in rehabilitating juvenile delinquents, reducing recidivism rates and restoring broken families by the use of practical, time-proven programs; and

Whereas many cities have adapted these programs into a city-wide emphasis on character, including teaching character in public schools, emphasizing character in businesses, promoting character in homes, proclaiming character qualities on billboards and featuring character qualities in the media; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) During the 2003-2005 biennium, the Department of Education shall apply for federal Partnerships in Character Education Pilot Project grants pursuant to 20 U.S.C. 8003.

(2) Grant moneys received under this section shall be used in a manner consistent with the federal grant program to develop character education curricula.

SECTION 2. (1) Each school district is encouraged to use in the schools of the district that educate students in kindergarten through grade six:

(a) The Character First! Education Series published by the Character Training Institute in Oklahoma City, Oklahoma, as it exists on the effective date of this 1999 Act; or

(b) A similar program on character development.

(2) Any character development program adopted under this section shall be secular in nature.

SECTION 3. The Department of Education shall deliver a copy of the preamble and sections 1 and 2 of this 1999 Act to each school district.

SECTION 4. ORS 332.405 is amended to read:

332.405. (1) The district school board shall provide transportation for pupils or combinations of pupils and other persons to and from school-related activities where required by law or when considered advisable by the board.

(2) The board may furnish board and room for pupils in lieu of transportation when reasonable board and room can be provided at equal or less expense than transportation. The board may also provide board and room in a facility that existed on July 1, 1998, or a replacement facility for that facility, for pupils attending a district school through an interdistrict agreement described in ORS 327.006 (7)(a)(B) or through a power of attorney authorized under ORS 109.056 (2). This subsection does not apply to a pupil who attends a district school through a power of attorney and who is a foreign exchange student enrolled in a school under a cultural exchange program.

(3) The transportation costs or expenses for board and room shall be paid from funds available to the district for that purpose.

(4) The district school board may expend district funds to improve or provide for pedestrian facilities off district property if the board finds that the expenditure reduces transportation costs of the district and enhances the safety of pupils going to and from schools of the district.

SECTION 5. ORS 327.006 is amended to read:

327.006. As used in ORS 327.006 to 327.133 and 327.731:

(1) "Aggregate days membership" means the sum of days present and absent, according to the rules of the State Board of Education, of all resident pupils when school is actually in session during a certain period. The aggregate days membership of kindergarten pupils shall be calculated on the basis of a half-day program.

(2)(a) "Approved transportation costs" means those costs as defined by rule of the State Board of Education and [are] is limited to those costs attributable to transporting or room and board provided in lieu of transporting:

[(a)] (A) Elementary school students who live at least one mile from school;

[(b)] (B) Secondary school students who live at least 1.5 miles from school;

[(c)] (C) Any student required to be transported for health or safety reasons, according to supplemental plans from districts that have been approved by the state board identifying students who are required to be transported for health or safety reasons, including special education;

[(d)] (D) Preschool children with disabilities requiring transportation for early intervention services provided pursuant to ORS 343.224 and 343.533;

[(e)] (E) Students who require payment of room and board in lieu of transportation;

[(f)] (F) A student transported from one school or facility to another school or facility when the student attends both schools or facilities during the day or week; and

[(g)] (G) Students participating in school-sponsored field trips that are extensions of classroom learning experiences.

(b) "Approved transportation costs" does not include the cost of constructing boarding school facilities.

(3) "Average daily membership" or "ADM" means the aggregate days membership of a school during a certain period divided by the number of days the school was actually in session during the same period. However, if a district school board adopts a class schedule that operates throughout the year for all or any schools in the district, average daily membership shall be computed by the Department of Education so that the resulting average daily membership will not be higher or lower than if the board had not adopted such schedule.

(4) "Consumer Price Index" means the Consumer Price Index for All Urban Consumers of the Portland, Oregon, Standard Metropolitan Statistical Area, as compiled by the United States Department of Labor, Bureau of Labor Statistics.

(5) "Kindergarten" means a kindergarten program that conforms to the standards and rules adopted by the State Board of Education.

(6) "Net operating expenditures" means the sum of expenditures of a school district in kindergarten through grade 12 for administration, instruction, attendance and health services, operation of plant, maintenance of plant, fixed charges and tuition for resident students attending in another district, as determined in accordance with the rules of the State Board of Education, but net operating expenditures does not include transportation, food service, student body activities, community services, capital outlay, debt service or expenses incurred for nonresident students.

(7)(a) "Resident pupil" means any pupil:

(A) Whose legal school residence is within the boundaries of a school district reporting the pupil, if the district is legally responsible for the education of the pupil, except that "resident pupil" does not include a pupil who pays tuition or for whom the parent pays tuition or for whom the district does not pay tuition for placement outside the district; or

(B) Whose legal residence is not within the boundaries of the district reporting the pupil but attends school in the district with the written consent of the affected school district boards.

(b) A pupil shall not be considered to be a resident pupil under paragraph (a)(A) of this subsection if the pupil is attending school in another school district pursuant to a contract under ORS 339.125 and in the prior year was considered to be a resident pupil in another school district under paragraph (a)(B) of this subsection. The pupil shall continue to be considered a resident of another school district under paragraph (a)(B) of this subsection.

(c) A pupil shall not be considered to be a resident pupil under paragraph (a)(B) of this subsection if the pupil is attending school in a school district pursuant to an agreement with another school district under ORS 339.133 and in the prior year was considered to be a resident pupil under paragraph (a)(A) of this subsection because the pupil was attending school in another school district pursuant to a contract under ORS 339.125. The pupil shall continue to be considered a resident pupil under paragraph (a)(A) of this subsection.

(d) "Resident pupil" includes a pupil admitted to a school district under ORS 339.115 (5).

(8) "Standard school" means a school meeting the standards set by the rules of the State Board of Education.

(9) "Tax" and "taxes" includes all taxes on property, excluding exempt bonded indebtedness, as those terms are defined in ORS 310.140.

SECTION 6. The amendments to ORS 327.006 and 332.405 by sections 4 and 5 of this 1999 Act shall first apply to the 1998-1999 school year and affect the State School Fund distribution commencing with the 1998-1999 distribution.

SECTION 7. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date August 17, 1999

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