74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 3141
Sponsored by Representative FLORES; Representatives CAMERON,
DALLUM, THATCHER, WHISNANT, Senators MORRISETTE, WESTLUND
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
297.210, 327.008, 327.026, 336.631, 338.025 and 338.115 and
section 2, chapter ___, Oregon Laws 2007 (Enrolled Senate Bill
462); appropriating money; and declaring an emergency.
Whereas in Oregon 28 percent of eighth graders and 21 percent
of eleventh graders are currently overweight; and
Whereas between 1994 and 2001, obesity among Oregon adults had
increased by 59 percent, with Oregon's current adult obesity rate
estimated at 22 percent - the highest in any state west of the
Rockies; and
Whereas physical inactivity and a poor diet together account
for at least 400,000 deaths among adults in the United States
each year, which is second only to tobacco use as the leading
cause of preventable death in the United States; and
Whereas inadequate participation in physical activity is the
major contributor to the 'epidemic of obesity' that has plagued
the nation's young people during the past two decades; and
Whereas the Centers for Disease Control and Prevention, in
their Guide to Community Preventive Services, have given their
highest level of evidence-based endorsement to increasing
children's physical activity and aerobic capacity through
physical education; and
Whereas physical activity offers young people many health
benefits, including controlling weight, building lean muscle and
reducing fat, improving aerobic endurance and muscular strength,
building greater bone mass to prevent osteoporosis in adulthood,
reducing the risk of diabetes, preventing or reducing high blood
pressure, and developing healthy habits that will last a
lifetime; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Department of Education shall collect data
from school districts on:
(1) The number of minutes of physical education that are
provided to students in kindergarten through grade 8 each school
week in each public school within the district;
(2) The physical capacity of public schools to provide students
in kindergarten through grade 5 with at least 150 minutes of
physical education during each school week and to provide
students in grades 6 through 8 with at least 225 minutes of
physical education during each school week; and
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(3) The additional facilities required by public schools to
provide physical education to students as described in subsection
(2) of this section. + }
SECTION 2. { + Prior to February 1 of each odd-numbered year,
the Department of Education shall report to the Legislative
Assembly on the data collected under section 1 of this 2007 Act
for the prior two school years. + }
SECTION 3. { + Notwithstanding section 2 of this 2007 Act, the
Department of Education is required to include only the data
collected from the 2007-2008 school year under section 1 of this
2007 Act in the first report to the Legislative Assembly under
section 2 of this 2007 Act. + }
SECTION 4. { + Section 5 of this 2007 Act is added to and made
a part of ORS chapter 329. + }
SECTION 5. { + (1) Every public school student in kindergarten
through grade 8 shall participate in physical education for the
entire school year. Students in kindergarten through grade 5
shall participate in physical education for at least 150 minutes
during each school week. Students in grades 6 through 8 shall
participate in physical education for at least 225 minutes during
each school week.
(2) School districts and public charter schools shall offer
instruction in physical education that meets the academic content
standards for physical education adopted by the State Board of
Education under ORS 329.045. The instruction shall be a
sequential, developmentally appropriate curriculum that is
designed, implemented and evaluated to help students develop the
knowledge, motor skills, self-management skills, attitudes and
confidence needed to adopt and maintain physical activity
throughout their lives.
(3) School districts and public charter schools shall devote at
least 50 percent of physical education class time to actual
physical activity in each school week, with as much class time as
possible spent in moderate physical activity.
(4)(a) Notwithstanding subsections (1) and (3) of this section,
a student with disabilities shall have suitably adapted physical
education incorporated as part of the individualized education
program developed for the student under ORS 343.151.
(b) Notwithstanding subsections (1) and (3) of this section, a
student who does not have an individualized education program but
has chronic health problems, other disabling conditions or other
special needs that preclude the student from participating in
regular physical education instruction shall have suitably
adapted physical education incorporated as part of an
individualized health plan developed for the student by the
school district or public charter school.
(5) School districts and public charter schools shall assess
school curricula at regular intervals to measure the attainment
of the minimum number of minutes that students are required to
participate in physical education under this section.
(6) All teachers of physical education for public school
students in kindergarten through grade 8 shall be adequately
prepared and shall regularly participate in professional
development activities to effectively deliver the physical
education program. + }
SECTION 6. ORS 336.631 is amended to read:
336.631. (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
(a) Annually approve the private alternative education program;
Enrolled House Bill 3141 (HB 3141-B) Page 2
(b) Determine that the private alternative education program is
registered with the Department of Education; and
(c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c).
(2) The following laws apply to private alternative education
programs that are registered with the Department of Education
under ORS 336.635 in the same manner as the laws apply to school
districts and public schools:
(a) Federal law;
(b) ORS 181.534, 181.539, 326.603, 326.607 and 342.232
(criminal records checks);
{ + (c) Section 5 of this 2007 Act (physical education); + }
{ - (c) - } { + (d) + } ORS 337.150, 339.141, 339.147 and
339.155 (tuition and fees);
{ - (d) - } { + (e) + } ORS 659.850 and 659.855
(discrimination);
{ - (e) - } { + (f) + } Health and safety statutes and
rules; and
{ - (f) - } { + (g) + } Any statute, rule or school
district policy that is specified in a contract between the
school district board and the private alternative education
program.
(3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether
the proposed placement best serves the student's educational
needs and interests and assists the student in achieving the
district and state academic standards.
(4) Contracts between a school district and a private
alternative education program shall be included in the assessment
of effectiveness provided for in ORS 329.085.
SECTION 7. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, 181.539, 326.603, 326.607 and 342.232
(criminal records checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850 and 659.855 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (1);
(m) ORS 329.045 (academic content standards and instruction);
{ + (n) Section 5 of this 2007 Act (physical education); + }
{ - (n) - } { + (o) + } Any statute or rule that
establishes requirements for instructional time provided by a
school during each day or during a year;
{ - (o) - } { + (p) + } ORS 339.250 (12) (prohibition on
infliction of corporal punishment);
{ - (p) - } { + (q) + } ORS 339.370, 339.372 and 339.375
(reporting of child abuse); and
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{ - (q) - } { + (r) + } This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced Mastery
to any public charter school student who meets the district's and
state's standards for a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery. If the school district offers a Certificate of Initial
Mastery subject area endorsement to students who attend school in
the district, then the school district shall offer the
endorsement to any public charter school student who meets the
district's and state's standards for the endorsement.
(12) A high school diploma, certificate, Certificate of Initial
Mastery, Certificate of Initial Mastery subject area endorsement
or Certificate of Advanced Mastery issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, certificate, Certificate of Initial Mastery,
Certificate of Initial Mastery subject area endorsement or
Certificate of Advanced Mastery issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 8. ORS 338.025 is amended to read:
Enrolled House Bill 3141 (HB 3141-B) Page 4
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to { - (p) - } { + (q) + }.
SECTION 9. { + (1) Section 5 of this 2007 Act and the
amendments to ORS 336.631, 338.025 and 338.115 by sections 6 to 8
of this 2007 Act become operative on July 1, 2017.
(2) Section 5 of this 2007 Act and the amendments to ORS
336.631, 338.025 and 338.115 by sections 6 to 8 of this 2007 Act
first apply to the 2017-2018 school year. + }
SECTION 10. { + (1) The Department of Education shall award
grants to school districts and public charter schools for the
purpose of meeting the physical education requirements of section
5 of this 2007 Act.
(2) A district or school that receives a grant may use the
grant to:
(a) Hire teachers who specialize in physical education; and
(b) Provide in-service training to teachers on the academic
content standards for physical education and the requirements of
section 5 of this 2007 Act.
(3) The department shall determine:
(a) The amount of a grant;
(b) The criteria for awarding a grant; and
(c) The process for awarding grants.
(4) The State Board of Education may adopt any rules necessary
to administer this section. + }
SECTION 11. { + As used in sections 12 and 13 of this 2007
Act:
(1) 'Business practices' means:
(a) The process of providing transportation, food service,
grounds maintenance, building and systems maintenance, new
construction, purchasing and contracting; or
(b) Financial practices.
(2) 'District' means a school district as defined in ORS
332.002 and an education service district as defined in ORS
334.003. + }
SECTION 12. { + (1) The Department of Education, in
consultation with the District Best Business Practices Advisory
Committee, shall establish a system for auditing the business
practices of districts. The department shall develop a list of
best business practices to use for the district audits.
(2) Only those districts that volunteer for the audit will be
audited under this section.
(3) The department shall contract with the Secretary of State
to audit districts based on the list of best business practices.
(4) The secretary shall report the results of the audit first
to the Governor, the State Board of Education and the district
that was the subject of the audit. Then the secretary may post
the results of the audit on the Internet.
(5) The department shall monitor district responses to the
recommendations made in the audit. The department shall report to
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the board on the district responses and make further
recommendations if necessary. + }
SECTION 13. { + (1) There is established the District Best
Business Practices Advisory Committee. The advisory committee
shall consist of:
(a) One member appointed by the President of the Senate from
among the members of the Senate;
(b) One member appointed by the Speaker of the House of
Representatives from among the members of the House of
Representatives; and
(c) The following members appointed by the Superintendent of
Public Instruction:
(A) One member who is a representative of district school
boards;
(B) One member who is a representative of district
administrators;
(C) One member who is a representative of district teachers;
(D) One member who is employed by a district as a business
manager;
(E) One member who is a member of a board of directors of an
education service district; and
(F) One member who is a representative of district classified
employees.
(2) In addition to the members appointed under subsection (1)
of this section, the superintendent may appoint additional
members who have special expertise in district business
practices.
(3) The advisory committee shall advise the Department of
Education on the development of a system for auditing the
business practices of districts under section 12 of this 2007
Act, including:
(a) The designation of best business practices of districts;
(b) The method of selecting districts that volunteer for an
audit;
(c) The interpretation and understanding of audit results; and
(d) Monitoring and reporting the district responses to the
results of the audits.
(4) A majority of the members of the advisory committee
constitutes a quorum for the transaction of business.
(5) The advisory committee shall meet at times and places
specified by the call of the chairperson or of a majority of the
members of the advisory committee.
(6) Official action by the advisory committee requires the
approval of a majority of the members of the advisory committee.
(7) The advisory committee shall elect one of its members to
serve as chairperson.
(8) The term of office of each member is two years, but a
member serves at the pleasure of the appointing authority. If
there is a vacancy for any cause, the appointing authority shall
make an appointment to become immediately effective.
(9) The department shall provide staff support to the advisory
committee.
(10) Members of the advisory committee who are not members of
the Legislative Assembly are not entitled to compensation, but
may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties in the manner and amounts provided for in ORS 292.495.
Claims for expenses incurred in performing functions of the
advisory committee shall be paid out of funds appropriated to the
department for that purpose.
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(11) All agencies of state government, as defined in ORS
174.111, and all districts are directed to assist the advisory
committee in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such
information and advice as the members of the advisory committee
consider necessary to perform their duties. + }
SECTION 14. ORS 297.210 is amended to read:
297.210. (1) { + (a) + } The Secretary of State, as State
Auditor, shall have the accounts and financial affairs of state
departments, boards, commissions, institutions and state-aided
institutions and agencies of the state reviewed or audited as the
Secretary of State considers advisable or necessary.
{ + (b) The Secretary of State, as State Auditor, may conduct
audits of the business practices of school districts and
education service districts pursuant to a contract with the
Department of Education authorized by section 12 of this 2007
Act.
(c) + } The Secretary of State may subpoena witnesses, require
the production of books and papers and rendering of reports in
such manner and form as the Secretary of State requires and may
do all things necessary to secure a full and thorough
investigation. The Secretary of State shall report, in writing,
to the Governor. The report shall include a copy of the report
on each audit.
(2) An audit or review shall be made of any institution or
department of the state government at any time the executive head
of the institution or department, for any reason, retires from
the head's office or position.
(3) The Secretary of State shall employ auditors upon such
terms and for such compensation as the Secretary of State
determines are advantageous and advisable.
(4) If a person fails to comply with any subpoena issued under
subsection (1) of this section, a judge of the circuit court of
any county, on application of the Secretary of State, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the
circuit court.
SECTION 15. { + (1) There is created an Education System
Design Team, consisting of the following members:
(a) The President of the Senate shall appoint five members from
among members of the Senate. The members appointed under this
paragraph may not all be from the same political party.
(b) The Speaker of the House of Representatives shall appoint
five members from among members of the House of Representatives.
The members appointed under this paragraph may not all be from
the same political party.
(c) The Governor shall appoint one member to represent the
office of the Governor.
(2) The purpose of the design team is to design a new
legislative process for review of and decision-making regarding
state agency budgets relating to prekindergarten through higher
education. The process shall use a holistic or enterprise
approach to prekindergarten through higher education. The design
team shall:
(a) Work with the Quality Education Commission, with the
Post-Secondary Quality Education Commission established by the
Governor and with workgroups created by the Joint Boards of
Education;
Enrolled House Bill 3141 (HB 3141-B) Page 7
(b) Design a legislative system to review a comprehensive
prekindergarten through higher education budget and policy
presentation; and
(c) In collaboration with the office of the Governor and
workgroups created by the Joint Boards of Education, design and
recommend methods of financially supporting an education system
that has the following goals:
(A) All students graduate from high school;
(B) Forty percent of high school graduates each year go on to
earn an associate degree or acquire equivalent level work skills;
(C) Forty percent of high school graduates each year go on to
earn a bachelor's degree; and
(D) Ensure that Oregon has world-class education institutions.
(3) A majority of the members of the design team constitutes a
quorum for the transaction of business.
(4) Official action by the design team requires the approval of
a majority of the members of the design team.
(5) The design team shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The design team shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the design team.
(8) The design team may adopt rules necessary for the operation
of the design team.
(9) The design team shall submit a report, and may include
recommendations for legislation, to the interim legislative
committees on education on or before February 1, 2008.
(10) The design team may presession file legislation in the
manner provided in ORS 171.130 for interim committees. All
legislation recommended by official action of the design team
must indicate that it is introduced at the request of the design
team.
(11) The office of the Governor shall provide staff support to
the design team. The office of the Governor may also contract for
staff support for the design team.
(12) Members of the design team who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the office of
the Governor for that purpose.
(13) All agencies of state government, as defined in ORS
174.111, and all school districts are directed to assist the
design team in the performance of its duties and, to the extent
permitted by laws relating to confidentiality, to furnish such
information and advice as the members of the design team consider
necessary to perform their duties. + }
SECTION 16. { + Section 15 of this 2007 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 17. ORS 327.026 is amended to read:
327.026. (1) In order to accomplish the purpose described in
ORS 326.700, the State Board of Education shall adopt by rule
definitions and procedures to be applied to the computation of
the State School Fund allocations where necessary to make
students enrolled in the Youth Corrections Education Program, as
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defined in ORS 326.695, and the Juvenile Detention Education
Program, as defined in ORS 326.695, equivalent to students
enrolled in common and union high school districts for purposes
of distribution of the fund.
(2) { + (a) + } The Youth Corrections Education Program shall
be entitled to receive from the State School Fund for each school
year a special State School Fund grant, consisting of a general
purpose grant that is equal to the Youth Corrections Education
Program ADM multiplied by 2.0 multiplied by the additional per
student weight, as defined in ORS 327.013 (7)(a)(A), multiplied
by Funding Percentage and further multiplied by Statewide Target
per ADMw Grant.
{ + (b) Notwithstanding paragraph (a) of this subsection, the
Youth Corrections Education Program may not receive moneys under
this section from the State School Fund for any youth in the
program who:
(A) Has received a high school diploma; or
(B) Is 21 years of age or older. + }
(3) The Juvenile Detention Education Program shall be entitled
to receive from the State School Fund for each school year a
special State School Fund grant, consisting of a general purpose
grant that is equal to the Juvenile Detention Education Program
ADM multiplied by 1.5 multiplied by Funding Percentage and
further multiplied by Statewide Target per ADMw Grant.
(4) Funds allocated to the Youth Corrections Education Program
and the Juvenile Detention Education Program from the State
School Fund shall remain with the Department of Education and
shall be adjusted in the year following the distribution to
reflect the actual ADMw of students in the Youth Corrections
Education Program and the Juvenile Detention Education Program in
the same manner as for the school districts under ORS 327.101.
SECTION 18. If Senate Bill 462 becomes law, section 2, chapter
___, Oregon Laws 2007 (Enrolled Senate Bill 462), is amended to
read:
{ + Sec. 2. + }(1) On or before October 31, 2007, the
Superintendent of Public Instruction shall issue a fact-finding
report on the division of the South Umpqua School District No. 19
into two districts. The two districts shall be the South Umpqua
School District No. 19 and a district designated as the
Canyonville School District. Each district shall offer
educational programs in kindergarten through grade 12.
(2) The superintendent shall designate a fact finder to gather
information and make recommendations about the division of the
South Umpqua School District No. 19. The South Umpqua School
District No. 19 Board and the Canyonville School Committee shall
jointly submit a list of fact finder candidates to the
superintendent. The list shall have no more than six names. The
superintendent shall select the fact finder from the list.
(3) The fact finder shall consult with the South Umpqua School
District No. 19 Board and the Canyonville School Committee. The
fact finder shall:
(a) Consider whether the question of dividing the South Umpqua
School District No. 19 should be submitted to the electors of the
school district;
(b) Consider converting the Canyonville School to a public
charter school; and
(c) Consider other alternatives for the operation of the
Canyonville School.
(4) In considering the division of the South Umpqua School
District No. 19, the fact finder shall review:
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(a) The impact of the division on the South Umpqua School
District No. 19;
(b) The plan for the division of the assets and liabilities of
the South Umpqua School District No. 19;
(c) The school facilities of the proposed Canyonville School
District;
(d) The expected income and expenditures of the proposed
Canyonville School District;
(e) The business management plan for the proposed Canyonville
School District;
(f) The education program and the ability of the proposed
Canyonville School District to meet state and federal education
standards; and
(g) Any other relevant issues relating to the division of the
South Umpqua School District No. 19.
(5) Based on the findings and recommendations of the fact
finder, the superintendent shall issue a fact-finding report that
shall include:
(a) An order for the district boundary board of the South
Umpqua School District No. 19 to submit the question of dividing
the South Umpqua School District No. 19 to the electors of the
school district. The order of the superintendent shall specify
the new boundaries of the South Umpqua School District No. 19 and
shall specify the distribution of the assets and liabilities of
the former district;
(b) A recommendation to convert the Canyonville School to a
public charter school; or
(c) A recommendation for another alternative for the operation
of the Canyonville School.
(6) If the superintendent orders the district boundary board to
send the question of dividing the South Umpqua School District
No. 19 to the electors of the school district, the district
boundary board, acting as the district elections authority on
behalf of the South Umpqua School District No. 19, shall submit
the question of dividing the South Umpqua School District No. 19
to the electors of the school district prior to April 1, 2008.
(7) If a majority of votes cast approve the division of the
South Umpqua School District No. 19, the district boundary board
shall proceed to divide the South Umpqua School District No. 19
based on the order of the superintendent. The district boundary
board shall appoint by order five electors of the Canyonville
School District as the initial board of directors of the
district. Three of the members shall be appointed to serve until
June 30 following the election of their successors at the next
district election. Two of the members shall be appointed to serve
until June 30 following the election of their successors at the
next succeeding district election.
(8) A remonstrance petition or election under ORS 330.101 is
not allowed on the division of the South Umpqua School District
No. 19.
(9) The employees of the former school district who have been
employed at a school that is within the new Canyonville School
District may elect to transfer to the Canyonville School District
upon the creation of the school district. A school district
employee of the former school district may not be deprived of
seniority or accumulated sick leave solely because the duties of
the employee have been assumed or acquired by the new school
district.
(10)(a) Notwithstanding ORS 330.103 (1), if prior to July 1,
2008, the district boundary board files with the county assessor
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and the Department of Revenue the legal description of the
division of the South Umpqua School District No. 19 pursuant to
ORS 308.225, the division of the school district shall become
effective on July 1, 2009.
(b) Notwithstanding paragraph (a) of this subsection, for
purposes of levying taxes, the division of the South Umpqua
School District No. 19 shall become effective on May 31, 2008,
and the South Umpqua School District No. 19 shall continue to
levy taxes for both school districts for the 2008-2009 fiscal
year.
(11) { + (a) + } The South Umpqua School District No. 19
{ - and the Canyonville School Committee - } shall
{ - each - } pay to the Department of Education 50 percent of
the costs of the superintendent and the department of
administering this section.
{ + (b) For the purpose of paying the costs of the
superintendent and the department of administering this section,
the department may accept contributions of moneys and assistance
from any public or private source and agree to conditions placed
on the moneys not inconsistent with the duties of the department
or superintendent under this section.
(c) Any moneys received by the department under this subsection
shall be placed in the Department of Education Account.
(d) Notwithstanding subsections (1) to (10) of this section,
the superintendent may not take any action under this section
until the department determines that sufficient moneys or
assistance have been received by the department to pay for the
costs of the superintendent and the department of administering
this section. + }
SECTION 19. ORS 327.008, as amended by section 6a, chapter 803,
Oregon Laws 2005, is amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 327.355, 327.357, 327.360, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(5) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(6) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(7) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
Enrolled House Bill 3141 (HB 3141-B) Page 11
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(8) Each fiscal year, the Department of Education shall
transfer the amount of $12 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
(9) Each fiscal year, the Department of Education shall
transfer the amount of $2.5 million from the State School Fund to
the Small School District Supplement Fund established in ORS
327.360.
{ + (10) Each biennium, the Department of Education may
expend up to $800,000 from the State School Fund for the
administration of sections 12 and 13 of this 2007 Act.
(11) Each biennium, the Department of Education may expend up
to $350,000 from the State School Fund for the talented and
gifted program under ORS 343.391 to 343.413.
(12) Each biennium, the Department of Education may expend up
to $150,000 from the State School Fund for the administration of
a program to increase the number of speech-language pathologists
and speech-language pathology assistants under sections 21 to 25
of this 2007 Act. + }
SECTION 20. { + Notwithstanding ORS 327.008, for the biennium
beginning July 1, 2007:
(1) The Department of Education may:
(a) Expend up to $140,000 from the State School Fund for the
collection of data from school districts on physical education
under section 1 of this 2007 Act.
(b) Expend up to $860,000 from the State School Fund for the
purpose of awarding grants to school districts and public charter
schools for physical education under section 10 of this 2007 Act.
(c) Transfer $200,000 from the State School Fund to the Office
of the Governor for the purpose of providing staff support to the
Education System Design Team under section 15 of this 2007 Act.
(d) Expend up to $150,000 from the State School Fund for the
provision of staff support to the Quality Education Commission
under ORS 327.500.
(e) Expend up to $5,205,456 from the State School Fund for
youth in the Youth Corrections Education Program who:
(A) Have received their high school diplomas; or
(B) Are 21 years of age or older.
(2) There is transferred to the Oregon Virtual School District
Fund from the State School Fund the amount of $1,800,598. + }
SECTION 21. { + As used in sections 21 to 25 of this 2007 Act:
(1) 'Eligible post-secondary institution' means:
(a) A state institution under the direction of the State Board
of Higher Education listed in ORS 352.002;
(b) A community college as defined in ORS 341.005; or
(c) A generally accredited, not-for-profit institution of
higher education.
(2) 'Participant' means a student who receives a grant under
section 23 of this 2007 Act. + }
SECTION 22. { + (1) The Department of Education shall
establish a program to increase the number of speech-language
pathologists and speech-language pathology assistants in Oregon.
(2) Through the program the department may award:
(a) Grants to students studying to become licensed
speech-language pathologists or certified speech-language
pathology assistants as provided in section 23 of this 2007 Act;
and
Enrolled House Bill 3141 (HB 3141-B) Page 12
(b) Stipends to licensed speech-language pathologists who are
employed by education service districts or school districts and
provide training to participants.
(3) The State Board of Education may adopt any rules necessary
for the administration of sections 21 to 25 of this 2007 Act. + }
SECTION 23. { + (1) To be eligible for participation in the
program under sections 21 to 25 of this 2007 Act, a student must:
(a) Be registered as a student in an eligible post-secondary
institution;
(b) Agree to receive training as a student under the
supervision of a staff person employed by an education service
district or a school district;
(c) Agree to be employed in Oregon for a minimum of two years
as a speech-language pathologist or speech-language pathology
assistant within the education service district where the
participant received training as a student;
(d) Agree to pay back any amount received by the participant as
a grant if the participant does not meet the employment
requirement of the program; and
(e) Meet other requirements placed on the participant by the
Department of Education.
(2) The Department of Education shall award to each participant
selected by the department for participation in the program:
(a) A grant in an amount that is up to $2,000 per academic year
for participants who are registered in programs to become
speech-language pathology assistants; and
(b) A grant in an amount that is up to $9,000 per academic year
for participants who are registered in programs to become
speech-language pathologists.
(3) Notwithstanding subsection (2) of this section, a
participant may not receive a grant under this section that is in
an amount that is greater than the tuition costs of the
participant.
(4) A participant shall complete the employment requirement
specified under subsection (1) of this section not later than
three years after the date the participant graduates from the
program. The department may grant a participant additional time
to complete the employment requirement as follows:
(a) For the period of enrollment if a participant returns to
school on a full-time basis in any course of study at an eligible
post-secondary institution; and
(b) For a period determined by the State Board of Education for
other reasons allowed by the board.
(5) If a participant does not meet the employment requirement,
the participant must pay back any amount received by the
participant as a grant under the program. The department shall
deposit any moneys received under this subsection in the
Speech-Language Pathologist Training Fund. + }
SECTION 24. { + (1) The Department of Education may award
stipends to licensed speech-language pathologists who are
employed by education service districts or school districts and
who provide training to participants.
(2) The department may award to a licensed speech-language
pathologist:
(a) A stipend in an amount that may be up to $400 per
participant for providing training to the participant to become a
licensed speech-language pathologist.
(b) A stipend in an amount that may be up to $200 per
participant for providing training to the participant to become a
certified speech-language pathology assistant. + }
Enrolled House Bill 3141 (HB 3141-B) Page 13
SECTION 25. { + (1) The Speech-Language Pathologist Training
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Speech-Language
Pathologist Training Fund shall be credited to the fund. Moneys
in the fund are continuously appropriated to the Department of
Education for the purpose of awarding grants and stipends under
sections 21 to 25 of this 2007 Act.
(2) The department may seek grants and donations to provide
funding for the program. The department shall deposit any moneys
received under this subsection in the fund. + }
SECTION 26. { + Sections 21 to 25 of this 2007 Act first apply
to participants who attend an eligible post-secondary institution
during the 2007-2008 academic year. + }
SECTION 27. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
July 1, 2007. + }
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Passed by House June 25, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 26, 2007
...........................................................
President of Senate
Enrolled House Bill 3141 (HB 3141-B) Page 14
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 3141 (HB 3141-B) Page 15