HB 2719 -3 (Proposed amemdments 4/8/09)
Establishes Go Global High School Study Abroad Program
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.
Bold text represents proposed changes to existing law.
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 and receiving a Go Global grant for the
program as provided by section 3 of this 2009 Act and who was considered a
resident pupil under paragraph (a) of this subsection during the school year
prior to participating in the program.
(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 and receiving a Go Global
grant for the program as provided by section 3 of this 2009 Act and who was
considered a resident pupil under paragraph (a) of this subsection during the
school year prior to participating in the program.
(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) As used in the section, "Go Global grant" means
a grant awarded to a student to study abroad as provided by this section.
(2) A school district may award a grant to a student if the student
participates in a study abroad program that is approved by the school district
as provided by subsection (6) of this section and the student meets the
requirements of subsection (7) of this section. A school district may award a
grant to more than one student.
(3) A Go Global grant awarded as provided by this section may be used to pay
expenses of a study abroad program, including:
"(a)
Transportation costs;
"(b)
Tuition ands fees;
"(c)
Books and educational materials; and
"(d)
Room, board and other living expenses.
"(4)(a)
A school district may award a Go Global grant with moneys from:
"(A) Distributions
to the school district from the State School Fund; and
"(B) Any
public or private source that provides moneys to the school district for the
purpose of a Go Global grant.
"(b)(A)
The amount of a Go Global grant shall be at least 90 percent of the quotient
that results from dividing the amount of the school district's distribution
from the general purpose grant of the State School Fund, as calculated under
ORS 327.013, by the school district's ADM, as defined in ORS 327.006.
"(B) A
school district may provide a Go Global grant in an amount that is based on a
higher percentage than the percentage prescribed in subparagraph (A) of this
paragraph. In addition, a school district may use any public or private moneys
described in paragraph (a)(B) of this subsection for a Go Global grant.
"(C) A
school district may not provide a Go Global grant in an amount that exceeds the
expenses of a study abroad program, as described in subsection (3) of this
section.
"(c)
Moneys received from a public or private source for the purpose of awarding a
Go Global grant may not be used to decrease the amount of moneys distributed to
the school district from the State School Fund.
"(5)
Students, parents of students and other individuals and organizations may make
contribution to pay the expenses of a study abroad program identified in
subsection (3) of this section that are not covered by a Go Global grant.
“(6)(a) When approving a study abroad program, the school district
must ensure that the program:
“(A) Has a full, provisional or conditional listing by a nonprofit
organization that identifies study abroad programs that provide a reputable, meaningful,
and safe study abroad experience;
“(B) Is for two semesters, or the equivalent of two semesters;
“(C) Is
in language of the country in which the study abroad takes place;
“(D) Requires the student to live an
immersion setting with a family or other students where only an official
language of the country is spoken; and
“(E) Meets any other requirements that may be
established by the State Board of Education by rule.
“(b) In addition to the
requirements described in paragraph (a) of this subsection, a school district
may reasonably restrict approval of a study abroad program to programs that are
taught in specified languages or are located in specified countries.
“(c) Nothing in the subsection
prevents:
“(A) A school district from
approving a study abroad program in a country where the primary language is
English; or
“(B) Students and the parents
of students from selecting which study abroad program to attend from among the
programs approved by the school district.
“(7) A student may receive a Go
Global grant only if the student:
“(a) Is attending a public school
in this state in grades 9 through 12;
“(b) Was considered a resident pupil under ORS 327.006(7)(a) for
at least one full year immediately prior to the school year during which the
student participates in the study abroad program;
“(c) Receives approval from at
least on parent or guardian of the student if the student is under 18 years of
age;
“(d) Is fluent in English;
“(e) Meets any other requirements
established by the school district.
“(8) The State Board of Education
may adopt rules to implement this section.
“(9) Nothing in this section
creates a new cause of action.
Section 4.
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. Section 5. This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergence is declared
to exist, and this 2009 Act takes effect July 1, 2009.”
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