The current HB 2719 is a placeholder bill. Amendments are proposed that will change it into the bill below. The current HB 2719 was the first draft from Legislative Counsel. It is not consistent with the initial intent in several very significant ways. It was introduced without revisions because revisions could not be made in it in time for appropriate legislative consideration. I sorry for any confusion this causes.
HB 2719
with proposed amendments of Dave Porter
as of
2/14/09
Bold type indicates additions to current law.
Establishes High School Study Abroad Program within the Department of Education.
Considers students attending approved study abroad programs to be resident pupils for purpose of State School Fund calculations.
Permits school districts to award grants from State School Fund distribution and other funds to students for costs of attending approved study abroad programs.
Applies to State School Fund distributions occurring in fiscal years beginning on or after July 1, 2010.
A BILL FOR AN ACT
Relating to school finance; creating new provisions and amending ORS 327.006.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.006 is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348, 327.355, 327.357, 327.360 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 of membership of kindergarten pupils shall be calculate on the basis of a half-day program.
(2)(a) “Approved transportation costs” means those costs as defined by the rules of the State Board of Education and is limited to those costs attributable to transporting or room and board provided in lieu of transporting:
(A) Elementary school students who live at least on mile from school;
(B) Secondary school students who live at least 1.5 miles from school;
(C) Any student required to be transported for health and 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) Preschool children with disabilities requiring transportation for early intervention services provided pursuant to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of transportation;
(F) A student transported from one school or facility to another school of or facility when the student attends both schools or facilities during the day or week; and
(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 the 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 339133 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 who is:
(A) Admitted to a
school district under ORS 339.115 (7)[.]; or
(B) Participating in an approved study
abroad program as provided by section 3 of this 2009 Act, who was considered a
resident pupil under paragraph (a) of this subsection during the school year
prior to participating in the program, and who receives a grant awarded under
Section 3 which is in amount equal to or greater than the lesser of:
(a)
The cost of
the approved study abroad program, including tuition and related fees,
transportation costs, living expenses and costs for books and other educational
materials; and
(b)
Ninety
percent of the quotient that results from dividing the amount of the school
district’s distribution from the State School Fund from the general purpose
grant, as calculated under ORS 327.013, by the school district’s ADM, as
defined in ORS 327.006.
(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 2. ORS 327.006, as amended by section 11, chapter 846, Oregon Laws 2007, is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348 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 of membership of kindergarten pupils shall be calculate on the basis of a half-day program.
(2)(a) “Approved transportation costs” means those costs as defined by the rules of the State Board of Education and is limited to those costs attributable to transporting or room and board provided in lieu of transporting:
(A) Elementary school students who live at least on mile from school;
(B) Secondary school students who live at least 1.5 miles from school;
(C) Any student required to be transported for health and 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) Preschool children with disabilities requiring transportation for early intervention services provided pursuant to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of transportation;
(F) A student transported from one school or facility to another school of or facility when the student attends both schools or facilities during the day or week; and
(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 the 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 339133 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 who is:
(A) Admitted to a
school district under ORS 339.115 (7)[.]; or
(B) Participating in an approved study
abroad program as provided by section 3 of this 2009 Act, who was considered a
resident pupil under paragraph (a) of this subsection during the school year
prior to participating in the program, and who receives a grant awarded under
Section 3 which is in amount equal to or greater than the lesser of:
(c)
The cost of
the approved study abroad program, including tuition and related fees,
transportation costs, living expenses and costs for books and other educational
materials; and
(d)
Ninety
percent of the quotient that results from dividing the amount of the school
district’s distribution from the State School Fund from the general purpose
grant, as calculated under ORS 327.013, by the school district’s ADM, as
defined in ORS 327.006.
(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 3. (1) The High School Study Abroad Program is established with the Department of Education.
(2) A school district may award a grant to
a student who participates in an approved study abroad program for two
semesters, or the equivalent of two semesters.
(3) A school district may use moneys from
distributions of the State School Fund to award the grants described in
subsection (2) of this section.
(4) A school district is also permitted to
use any other public or private funds to award the grants described in
subsection (2) of this section.
(5) Parents and students may pay
part of the study abroad expenses.
(6) Other organizations may pay
part of the study abroad expenses.
(7) Selection of the study abroad program
shall be the responsibility of the parents and student. However, the school
district must approve the specific study abroad program ahead of time and may
set timelines for such considerations.
(8) The state and school district shall
have no liability for any aspect of the study abroad program while a student is
abroad or in transit.
(9) To receive school district approval a
study abroad program must have a full, provisional or conditional listing with
the Council on Standards for International Educational Travel.
(10) The grants described in
subsection (2) of this section may be used for any associated expenses of study
abroad such as tuition, transportation, books and educational materials, room &
board, and other living expenses.
(11) A student receiving a grant
described in subsection (2) of this section may attend a variety of
study abroad options including foreign high schools and foreign language only
schools. The foreign school setting may be public or private. Provided:
(a)
The study
abroad program takes place in one of languages of the country in which the
study abroad takes place; and
(b)
The student lives in an immersion setting,
that is to say the student must live with a foreign family or in foreign
student settings where only the foreign language is spoken.
(12)
A student receiving a grant described in subsection (2) of this
section may go to an English speaking country.
(13)
A school districts may restrict their study abroad programs to specific
languages or countries.
(14)
A student must be fluent in English to receive a grant described in subsection
(2) of this section.
(15)
At least one parent or guardian of a student must approve the study abroad
program if the student is less than 18.
(16)
The State Board of Education may adopt rules to implement this section,
including additional criteria by which the Department of Education or a school
district may approve a study abroad program.
Section 4. Section 3 of this 2009
Act and the amendments to ORS 327.006 by sections 1 and 2 of this Act become
operative on July 1, 2009.
Section 5. Section 3 of this 2009
Act and the amendments to ORS 327.006 by sections 1 and 2 of this 2009 Act
apply to State School Fund distributions occurring in fiscal years beginning on
or after July 1, 2010.
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