Hearing on Two Bills coming Tuesday
Feb 16 2007 Filed in: Legislative
Information regarding the two bills coming to the
legislature on Tuesday.
The House Education Innovation Committee will hear
two bills on Tuesday.
The second of the bills would exempt "small schools" (small rural schools) from many of Oregon's education rules INCLUDING THE OREGON TAG MANDATE. The Mandate is ORS 343-391--ORS 343-413 and it is not listed as among the laws that the small schools must still obey.
Because HB 2039 is of such concern, I am copying the full text of the bill, together with the statute that defines "small schools" below.
We all know that it is sometimes difficult to provide TAG services in small rural schools. However, rural students have the same right as other Oregon students to an education that meets their needs and prepares them for the future. Now that distance learning and other developments are making it even more possible to adapt services to their needs it is not the time to tell rural schools that their students don't deserve a high-quality education.
You may want to look through the bill for other critical education laws that would be eliminated under its provisions.
I strongly recommend that parents who are able to do so plan to attend this hearing. I am planning to attend. If you are interested in testifying please let me know. Any citizen can sign up to testify at a public hearing when it begins. There is a sign-up sheet at the hearing. Unfortunately, the families most affected are likely to be those living far away from Salem. If you are unable to attend you can submit written testimony by mail or e-mail. Keep any comments short and to the point. Spoken comments should not last longer than 3 minutes. Most members of this committee are well-disposed towards TAG and I think that this was an unintended consequence of the bill. It might be helpful for them to hear about ways that services can be provided even to rural students in small schools.
It is my understanding that Representative John Dallum was the main supporter of this bill. If you are a constituent of Rep. Dallum's it is especially important that you contact him. If you are a constituent of the other members of the committee, it would also be especially helpful to contact your own legislator.
Although it is possible that this bill will go through very quickly, it is more likely that there will be amendments and additional hearings.
In a second message, I will share the names and contact information for members of this committee.
The first of the bills to be considered on Tuesday, HB 2038 removes the limit on the number of credit hours that are provided under the Expanded Options Bill. The current statute ORS 340.080 is repealed and the rest of the Expanded Options bill will remain intact. I have copied the section proposed for repeal and a link to the entire Expanded Options Bill below
This bill, passed last session, enabled students to take classes at Oregon institutions of Higher Education. The new bill will make it possible for more students to participate or for participating students to take more credits.
OATAG does not have a position on this bill.
I may testify in favor as a private person. I think the opportunities offered under Expanded Options are good for students and this has been a very successful program in other states. In Washington State it is called Running Start.
Margaret DeLacy
OATAG government relations committee
503-774-7017
340.080 Limitation on credit hours awarded to students; rules. (1) For a high school with an enrollment of 1,000 students, each school year no more than 330 quarter credit hours may be awarded to eligible students at the high school under the Expanded Options Program.
(2) The State Board of Education by rule shall establish separate credit hour caps for high schools that have enrollment greater than 1,000 students and those that have less than 1,000 students. The caps shall be proportional to the credit hour caps established under subsection (1) of this section.
(3) A school district may choose to exceed the credit hour caps established in subsections (1) and (2) of this section.
(4) If a school district has not chosen to exceed the credit hour caps and has more eligible students who wish to participate in the Expanded Options Program than are allowed under the credit hour cap established under this section, the school district board shall establish a process for selecting eligible students to participate in the program. A school district shall give priority for program participation to at-risk students. [2005 c.674 §17]
TUESDAY
Date: February 20, 2007
Time: 1:00 P.M.
Room: HR D
Public Hearing
HB 2038 FIRST PUBLIC HEARING - Removes limitation on total credit hours that may be awarded each school year to students who participate in Expanded Options Program.
HB 2039 FIRST PUBLIC HEARING - Specifies that statutes and rules that apply to school district boards, school districts or public schools do not apply to small schools.
Staff respectfully requests that you submit 20 collated copies of written materials at the time of your testimony. Persons making presentations including the use of video, DVD, PowerPoint or overhead projection equipment are asked to contact committee staff 24 hours prior to the meeting.
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2039
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of House Interim Committee on Education)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor¢s brief statement of the essential features of the measure as introduced.
Specifies that statutes and rules that apply to school district boards, school districts or public schools do not apply to small schools. Provides exceptions.
A Bill for an Act
Relating to small schools.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section, “small school” means:
(a) A school that qualifies as a remote small elementary school under ORS 327.077.
(b) A school that qualifies as a small high school under ORS 327.077.
(2) Statutes and rules that apply to school district boards, school districts or other public schools do not apply to small schools. However, the following laws do apply to small 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) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (1);
(L) ORS 329.045 (academic content standards and instruction);
(m) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;
(n) ORS 339.250 (12) (prohibition on infliction of corporal punishment); and
(o) ORS 339.370, 339.372 and 339.375 (reporting of child abuse).
(3) Notwithstanding subsection (2) of this section, a school district board may specify that statutes and rules that apply to school district boards, school districts or other public schools may apply to a small school within the school district.
SECTION 2. Section 1 of this 2007 Act first applies to the 2008-2009 school year.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type.
LC 543
327.077 Remote small elementary school and small high school determination; effect; waiver. (1) A school may qualify as a remote small elementary school if the average daily membership in grades one through eight for an elementary school teaching:
(a) Eight grades is below 224.
(b) Seven grades is below 196.
(c) Six grades is below 168.
(d) Five grades is below 140.
(e) Four grades is below 112.
(f) Three grades is below 84.
(g) Two grades is below 56.
(h) One grade is below 28.
(2) A school may qualify as a small high school if:
(a) The school is in a school district that has an ADMw of less than 8,500; and
(b) The average daily membership in grades 9 through 12 for a high school teaching:
(A) Four grades is below 350.
(B) Three grades is below 267.
(3) No elementary school shall qualify as a remote small elementary school under subsection (1) of this section if it is within eight miles by the nearest traveled road from another elementary school unless there are physiographic conditions that make transportation to another school not feasible.
(4)(a) If an elementary school in a school district qualifies as a remote small elementary school, the district shall have an additional amount added to the district’s ADMw.
(b) The additional amount = {224 - (ADMa ¸ (number of grades in the school ¸ eight))} ´0.0045 ´ ADMa ´ distance adjustment.
(5)(a) If a high school in a district qualifies as a small high school, the district shall have an additional amount added to the district’s ADMw.
(b) The additional amount = {350 - (ADMa ¸ (number of grades in the school ¸ four))} ´0.0029 ´ ADMa.
(6) The distance adjustment for an elementary school = 0.025 for each 10th of a mile more than eight miles that a school is away from the nearest elementary school measured by the nearest traveled road or 1.0, whichever is less.
(7)(a) A school may qualify as a remote small elementary school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a remote small school on July 18, 1995.
(b) A school may qualify as a small high school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a small high school on October 23, 1999.
(c) A public charter school as defined in ORS 338.005 may qualify as a remote small elementary school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a nonchartered public remote small school on July 18, 1995.
(d) A public charter school as defined in ORS 338.005 may qualify as a small high school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a nonchartered public remote small school on July 18, 1995.
(e) The Superintendent of Public Instruction may waive the requirements of paragraph (a), (b), (c) or (d) of this subsection if the superintendent determines that exceptional circumstances exist.
(f) An alternative education program as defined in ORS 336.615 may not qualify as a small high school under this section.
(8) The opening of a public charter school shall not disqualify a school as a remote small elementary school under subsection (3) of this section or change the distance adjustment for a school under subsection (6) of this section.
(9)(a) Notwithstanding subsections (2), (5) and (7)(b) and (d) of this section, if two high schools merge and prior to the merger at least one of the high schools qualified as a small high school under this section, the Department of Education shall continue to add an additional amount pursuant to subsection (5) of this section to the ADMw of the school district in which the new merged high school is located that is equal to the higher of:
(A) The additional amount the school district of each of the former small high schools would have received under this section for the small high school based on the ADMa of each of the high schools prior to the merger; or
(B) In the case of a high school that remains qualified as a small high school under subsection (2) of this section after a merger, the ADMa of the merged small high school.
(b) The department shall add the additional amount under this subsection only for the first four fiscal years after the merger of the two high schools is final. If the merger of the two high schools becomes final on or before September 1, for purposes of this paragraph the merger shall be considered final in the prior fiscal year.
(10) For purposes of this section:
(a) The “adjusted average daily membership” or “ADMa” for an elementary school shall be the average daily membership for the school, but no less than 25.
(b) The “adjusted average daily membership” or “ADMa” for a high school shall be the average daily membership for the school, but no less than 60. [1995 c.649 §2; 1999 c.200 §27; 1999 c.1066 §22; 2003 c.715 §32]
Note: Section 12, chapter 61, Oregon Laws 1993, provides:
Sec. 12. Effect of reopening remote small elementary school. The reopening of an existing school structure for use as a school in an adjoining school district does not prevent an elementary school from qualifying as a remote small elementary school if the elementary school otherwise meets the requirements set forth in ORS 327.075 (1993 Edition). [1993 c.61 §12; 1999 c.1066 §24]
The second of the bills would exempt "small schools" (small rural schools) from many of Oregon's education rules INCLUDING THE OREGON TAG MANDATE. The Mandate is ORS 343-391--ORS 343-413 and it is not listed as among the laws that the small schools must still obey.
Because HB 2039 is of such concern, I am copying the full text of the bill, together with the statute that defines "small schools" below.
We all know that it is sometimes difficult to provide TAG services in small rural schools. However, rural students have the same right as other Oregon students to an education that meets their needs and prepares them for the future. Now that distance learning and other developments are making it even more possible to adapt services to their needs it is not the time to tell rural schools that their students don't deserve a high-quality education.
You may want to look through the bill for other critical education laws that would be eliminated under its provisions.
I strongly recommend that parents who are able to do so plan to attend this hearing. I am planning to attend. If you are interested in testifying please let me know. Any citizen can sign up to testify at a public hearing when it begins. There is a sign-up sheet at the hearing. Unfortunately, the families most affected are likely to be those living far away from Salem. If you are unable to attend you can submit written testimony by mail or e-mail. Keep any comments short and to the point. Spoken comments should not last longer than 3 minutes. Most members of this committee are well-disposed towards TAG and I think that this was an unintended consequence of the bill. It might be helpful for them to hear about ways that services can be provided even to rural students in small schools.
It is my understanding that Representative John Dallum was the main supporter of this bill. If you are a constituent of Rep. Dallum's it is especially important that you contact him. If you are a constituent of the other members of the committee, it would also be especially helpful to contact your own legislator.
Although it is possible that this bill will go through very quickly, it is more likely that there will be amendments and additional hearings.
In a second message, I will share the names and contact information for members of this committee.
The first of the bills to be considered on Tuesday, HB 2038 removes the limit on the number of credit hours that are provided under the Expanded Options Bill. The current statute ORS 340.080 is repealed and the rest of the Expanded Options bill will remain intact. I have copied the section proposed for repeal and a link to the entire Expanded Options Bill below
This bill, passed last session, enabled students to take classes at Oregon institutions of Higher Education. The new bill will make it possible for more students to participate or for participating students to take more credits.
OATAG does not have a position on this bill.
I may testify in favor as a private person. I think the opportunities offered under Expanded Options are good for students and this has been a very successful program in other states. In Washington State it is called Running Start.
Margaret DeLacy
OATAG government relations committee
503-774-7017
340.080 Limitation on credit hours awarded to students; rules. (1) For a high school with an enrollment of 1,000 students, each school year no more than 330 quarter credit hours may be awarded to eligible students at the high school under the Expanded Options Program.
(2) The State Board of Education by rule shall establish separate credit hour caps for high schools that have enrollment greater than 1,000 students and those that have less than 1,000 students. The caps shall be proportional to the credit hour caps established under subsection (1) of this section.
(3) A school district may choose to exceed the credit hour caps established in subsections (1) and (2) of this section.
(4) If a school district has not chosen to exceed the credit hour caps and has more eligible students who wish to participate in the Expanded Options Program than are allowed under the credit hour cap established under this section, the school district board shall establish a process for selecting eligible students to participate in the program. A school district shall give priority for program participation to at-risk students. [2005 c.674 §17]
TUESDAY
Date: February 20, 2007
Time: 1:00 P.M.
Room: HR D
Public Hearing
HB 2038 FIRST PUBLIC HEARING - Removes limitation on total credit hours that may be awarded each school year to students who participate in Expanded Options Program.
HB 2039 FIRST PUBLIC HEARING - Specifies that statutes and rules that apply to school district boards, school districts or public schools do not apply to small schools.
Staff respectfully requests that you submit 20 collated copies of written materials at the time of your testimony. Persons making presentations including the use of video, DVD, PowerPoint or overhead projection equipment are asked to contact committee staff 24 hours prior to the meeting.
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2039
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed (at the request of House Interim Committee on Education)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor¢s brief statement of the essential features of the measure as introduced.
Specifies that statutes and rules that apply to school district boards, school districts or public schools do not apply to small schools. Provides exceptions.
A Bill for an Act
Relating to small schools.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section, “small school” means:
(a) A school that qualifies as a remote small elementary school under ORS 327.077.
(b) A school that qualifies as a small high school under ORS 327.077.
(2) Statutes and rules that apply to school district boards, school districts or other public schools do not apply to small schools. However, the following laws do apply to small 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) The statewide assessment system developed by the Department of Education for mathematics, science and English under ORS 329.485 (1);
(L) ORS 329.045 (academic content standards and instruction);
(m) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;
(n) ORS 339.250 (12) (prohibition on infliction of corporal punishment); and
(o) ORS 339.370, 339.372 and 339.375 (reporting of child abuse).
(3) Notwithstanding subsection (2) of this section, a school district board may specify that statutes and rules that apply to school district boards, school districts or other public schools may apply to a small school within the school district.
SECTION 2. Section 1 of this 2007 Act first applies to the 2008-2009 school year.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type.
LC 543
327.077 Remote small elementary school and small high school determination; effect; waiver. (1) A school may qualify as a remote small elementary school if the average daily membership in grades one through eight for an elementary school teaching:
(a) Eight grades is below 224.
(b) Seven grades is below 196.
(c) Six grades is below 168.
(d) Five grades is below 140.
(e) Four grades is below 112.
(f) Three grades is below 84.
(g) Two grades is below 56.
(h) One grade is below 28.
(2) A school may qualify as a small high school if:
(a) The school is in a school district that has an ADMw of less than 8,500; and
(b) The average daily membership in grades 9 through 12 for a high school teaching:
(A) Four grades is below 350.
(B) Three grades is below 267.
(3) No elementary school shall qualify as a remote small elementary school under subsection (1) of this section if it is within eight miles by the nearest traveled road from another elementary school unless there are physiographic conditions that make transportation to another school not feasible.
(4)(a) If an elementary school in a school district qualifies as a remote small elementary school, the district shall have an additional amount added to the district’s ADMw.
(b) The additional amount = {224 - (ADMa ¸ (number of grades in the school ¸ eight))} ´0.0045 ´ ADMa ´ distance adjustment.
(5)(a) If a high school in a district qualifies as a small high school, the district shall have an additional amount added to the district’s ADMw.
(b) The additional amount = {350 - (ADMa ¸ (number of grades in the school ¸ four))} ´0.0029 ´ ADMa.
(6) The distance adjustment for an elementary school = 0.025 for each 10th of a mile more than eight miles that a school is away from the nearest elementary school measured by the nearest traveled road or 1.0, whichever is less.
(7)(a) A school may qualify as a remote small elementary school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a remote small school on July 18, 1995.
(b) A school may qualify as a small high school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a small high school on October 23, 1999.
(c) A public charter school as defined in ORS 338.005 may qualify as a remote small elementary school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a nonchartered public remote small school on July 18, 1995.
(d) A public charter school as defined in ORS 338.005 may qualify as a small high school under this section only if the location of the school has not changed since January 1, 1995, and if the school qualified as a nonchartered public remote small school on July 18, 1995.
(e) The Superintendent of Public Instruction may waive the requirements of paragraph (a), (b), (c) or (d) of this subsection if the superintendent determines that exceptional circumstances exist.
(f) An alternative education program as defined in ORS 336.615 may not qualify as a small high school under this section.
(8) The opening of a public charter school shall not disqualify a school as a remote small elementary school under subsection (3) of this section or change the distance adjustment for a school under subsection (6) of this section.
(9)(a) Notwithstanding subsections (2), (5) and (7)(b) and (d) of this section, if two high schools merge and prior to the merger at least one of the high schools qualified as a small high school under this section, the Department of Education shall continue to add an additional amount pursuant to subsection (5) of this section to the ADMw of the school district in which the new merged high school is located that is equal to the higher of:
(A) The additional amount the school district of each of the former small high schools would have received under this section for the small high school based on the ADMa of each of the high schools prior to the merger; or
(B) In the case of a high school that remains qualified as a small high school under subsection (2) of this section after a merger, the ADMa of the merged small high school.
(b) The department shall add the additional amount under this subsection only for the first four fiscal years after the merger of the two high schools is final. If the merger of the two high schools becomes final on or before September 1, for purposes of this paragraph the merger shall be considered final in the prior fiscal year.
(10) For purposes of this section:
(a) The “adjusted average daily membership” or “ADMa” for an elementary school shall be the average daily membership for the school, but no less than 25.
(b) The “adjusted average daily membership” or “ADMa” for a high school shall be the average daily membership for the school, but no less than 60. [1995 c.649 §2; 1999 c.200 §27; 1999 c.1066 §22; 2003 c.715 §32]
Note: Section 12, chapter 61, Oregon Laws 1993, provides:
Sec. 12. Effect of reopening remote small elementary school. The reopening of an existing school structure for use as a school in an adjoining school district does not prevent an elementary school from qualifying as a remote small elementary school if the elementary school otherwise meets the requirements set forth in ORS 327.075 (1993 Edition). [1993 c.61 §12; 1999 c.1066 §24]