State Codes and Statutes

Statutes > Oregon > Vol9 > 340

Chapter 340 — ExpandedOptions Program

 

2009 EDITION

 

 

EXPANDEDOPTIONS PROGRAM

 

EDUCATIONAND CULTURE

 

340.005     Definitions

 

340.010     Purposes

 

340.015     Notificationto students and parents or guardians; rules

 

340.020     Highschool students who have dropped out; identification; information

 

340.025     Notificationby student to school district; review of graduation requirements; educationallearning plan

 

340.030     Application;acceptance; appeal; duplicate courses; academic progress

 

340.035     Enrollmentin eligible post-secondary courses

 

340.037     Limitationson enrollment in post-secondary courses

 

340.040     Creditsfor post-secondary courses; notification; appeal

 

340.045     Calculationof State School Fund grant; payment of instructional costs; appeal

 

340.050     Studentsnot eligible for financial aid; reimbursement for educational expenses

 

340.055     Chargingstudent for instructional costs prohibited

 

340.060     Textbooks,fees, equipment and materials property of school district

 

340.065     Transportation;costs

 

340.070     Specialeducation and related services; contract

 

340.073     Publiccharter school participation; costs

 

340.075     Applicabilityof chapter to additional courses

 

340.080     Limitationon credit hours awarded to students; rules

 

340.083     Waiverof program requirements; duration

 

340.085     Reportto legislative committees and joint boards

 

340.090     Alternativeprograms

 

      340.005Definitions.For purposes of this chapter:

      (1)“Accelerated college credit program” has the meaning given that term by rulesadopted by the State Board of Education.

      (2)“At-risk student” means:

      (a)A student who qualifies for a free or reduced lunch program; or

      (b)An at-risk student as defined by rules adopted by the board if the board hasadopted rules to define an at-risk student.

      (3)“Duplicate course” means a course with a scope that is identical to the scopeof another course.

      (4)(a)“Eligible post-secondary course” means any nonsectarian course or programoffered through an eligible post-secondary institution if the course or programmay lead to high school completion, a certificate, professional certification,associate degree or baccalaureate degree.

      (b)“Eligible post-secondary course” does not include a duplicate course offered atthe student’s resident school.

      (c)“Eligible post-secondary course” includes:

      (A)Academic courses;

      (B)Career and technical education courses; and

      (C)Distance education courses.

      (5)“Eligible post-secondary institution” means:

      (a)A community college;

      (b)A state institution of higher education listed in ORS 352.002; and

      (c)The Oregon Health and Science University.

      (6)(a)“Eligible student” means a student who is enrolled in an Oregon public schooland who:

      (A)Is 16 years of age or older at the time of enrollment in a course under theExpanded Options Program;

      (B)(i)Is in grade 11 or 12 at the time of enrollment in a course under the ExpandedOptions Program; or

      (ii)Is not in grade 11 or 12, because the student has not completed the requirednumber of credits, but who has been allowed by the school district toparticipate in the program;

      (C)Has developed an educational learning plan as described in ORS 340.025; and

      (D)Has not successfully completed the requirements for a high school diploma asestablished by ORS 329.451, the State Board of Education and the schooldistrict board.

      (b)“Eligible student” does not include a foreign exchange student enrolled in aschool under a cultural exchange program.

      (7)“Expanded Options Program” means the program created under this chapter.

      (8)“Scope” means depth and breadth of course content as evidenced through aplanned course statement including content outline, applicable state contentstandards where appropriate, course goals and student outcomes. [2005 c.674 §1;2007 c.567 §1; 2009 c.94 §10]

 

      340.010Purposes.The Legislative Assembly declares that the purposes of this chapter are to:

      (1)Create a seamless education system for students enrolled in grades 11 and 12to:

      (a)Have additional options to continue or complete their education;

      (b)Earn concurrent high school and college credits; and

      (c)Gain early entry into post-secondary education.

      (2)Promote and support existing accelerated college credit programs, and supportthe development of new programs that are unique to a community’s secondary andpost-secondary relationships and resources.

      (3)Allow eligible students who participate in the Expanded Options Program toenroll full-time or part-time in an eligible post-secondary institution.

      (4)Provide public funding to the eligible post-secondary institutions foreducational services to eligible students to offset the cost of tuition, fees,textbooks, equipment and materials for students who participate in the ExpandedOptions Program. [2005 c.674 §2]

 

      340.015Notification to students and parents or guardians; rules. (1) Prior toFebruary 15 of each year, each school district shall notify all high schoolstudents and the students’ parents or guardians of the Expanded Options Programfor the following school year.

      (2)Notwithstanding subsection (1) of this section, a school district, in thedistrict’s enrollment materials, shall notify a student and the student’sparent or guardian of the Expanded Options Program if the student enrolls in aschool of the district after the district has issued the notice described insubsection (1) of this section and the student is:

      (a)Transferring to a high school in the district from another district; or

      (b)Returning to high school after dropping out of school.

      (3)Each school district shall establish a process to ensure that all at-riskstudents and their parents are notified about the Expanded Options Program.

      (4)A school district shall notify a high school student who has officiallyexpressed an intent to participate in the Expanded Options Program pursuant toORS 340.025 (1) or (2), and the student’s parent or guardian, of the student’seligibility status within 20 business days after the student officiallyexpressed the intent.

      (5)The State Board of Education shall establish by rule the required components ofthe notice. The notice must include, but not be limited to, information about:

      (a)Financial arrangements for tuition, textbooks, equipment and materials;

      (b)Available transportation services;

      (c)The effect of enrolling in the Expanded Options Program on the eligible student’sability to complete the required high school graduation requirements;

      (d)The consequences of failing or not completing an eligible post-secondarycourse;

      (e)The requirement that participation in the Expanded Options Program iscontingent on acceptance by an eligible post-secondary institution; and

      (f)School district timelines affecting student eligibility and duplicate coursedeterminations. [2005 c.674 §5; 2007 c.567 §2]

 

      340.020High school students who have dropped out; identification; information. (1) It shall bea priority for school districts to provide information about the ExpandedOptions Program to high school students who have dropped out of school.

      (2)School districts shall establish a process to identify high school students whohave dropped out of school and provide those students with information aboutthe program. A school district shall send information about the program to thelast-known address of the family of the student. [2005 c.674 §6]

 

      340.025Notification by student to school district; review of graduation requirements; educationallearning plan.(1) Prior to May 15 of each year, a student who is interested in participatingin the Expanded Options Program shall notify the student’s resident schooldistrict of the student’s intent to enroll in eligible post-secondary coursesduring the following school year.

      (2)Notwithstanding subsection (1) of this section, a high school transfer studentor returning dropout described in ORS 340.015 (2) has 20 business days from thedate of enrollment to indicate interest.

      (3)The resident school district shall review with the student and the student’sparent or guardian the student’s current status toward meeting all state andschool district graduation requirements and the applicability of the proposedeligible post-secondary course with respect to fulfilling the student’sremaining graduation requirements.

      (4)(a)An eligible student who intends to participate in the Expanded Options Programshall develop an educational learning plan in cooperation with an advisorysupport team.

      (b)The educational learning plan may include:

      (A)The student’s short-term and long-term learning goals and proposed activities;and

      (B)The relationship of the eligible post-secondary courses proposed under theExpanded Options Program and the student’s learning goals.

      (c)An advisory support team may include the student, the student’s parent orguardian and a teacher or a counselor. [2005 c.674 §7; 2007 c.567 §3]

 

      340.030Application; acceptance; appeal; duplicate courses; academic progress. (1) An eligiblestudent may apply to an eligible post-secondary institution to enroll ineligible post-secondary courses offered by the eligible post-secondaryinstitution.

      (2)If an eligible post-secondary institution accepts an eligible student forenrollment under this section pursuant to ORS 341.505 or other admissionsstandards, the eligible post-secondary institution shall send written notice tothe student, the student’s resident school district and the Department ofEducation within 20 business days of acceptance. The notice shall indicate theeligible post-secondary courses and hours of enrollment offered to the student.

      (3)If an eligible post-secondary institution accepts an eligible student forenrollment under this section, the eligible post-secondary institution shallprovide academic advising to the student as appropriate.

      (4)An eligible post-secondary institution may designate individual programs inwhich eligible students may enroll under this section.

      (5)(a)Each school district shall establish a process to determine duplicate coursedesignations.

      (b)A school district shall notify an eligible student and the student’s parent orguardian of any course the student wishes to take that the district determinesis a duplicate course, within 20 business days after the student has submitteda list of intended courses.

      (c)(A)A student may appeal a duplicate course determination to the school districtboard based on evidence of the scope of the course.

      (B)The school district board or the board’s designee shall issue a decision on theappeal within 30 business days of receipt of the appeal.

      (C)If the appeal is denied by the school district board, the student may appealthe determination of the school district to the Superintendent of PublicInstruction or the superintendent’s designee.

      (d)The Department of Education shall create a process for students to appeal thedecision of a school district under paragraph (c) of this subsection.

      (e)The superintendent or the superintendent’s designee shall issue a decision onthe appeal within 30 days of receipt of the appeal. If the superintendent orthe superintendent’s designee fails to issue a decision within 30 days of receiptof the appeal, the course shall be deemed to not be a duplicate course and thestudent may enroll in the course under the Expanded Options Program if thecourse and the student meet all other eligibility requirements for the program.

      (6)Once participating in the Expanded Options Program, an eligible student mustmaintain satisfactory academic progress as defined by the eligiblepost-secondary institution.

      (7)An eligible post-secondary institution may not be required to accept a studentfor enrollment under this section. [2005 c.674 §3; 2007 c.567 §4]

 

      340.035Enrollment in eligible post-secondary courses. An eligiblepost-secondary institution may enroll an eligible student participating in theExpanded Options Program only in eligible post-secondary courses under theprogram. [2005 c.674 §4]

 

      340.037Limitations on enrollment in post-secondary courses. (1) An eligiblestudent who enrolls in the Expanded Options Program may not enroll in eligiblepost-secondary courses under ORS 340.030 for more than the equivalent of twoacademic years. An eligible student who first enrolls in the Expanded OptionsProgram in grade 12 may not enroll in eligible post-secondary courses under ORS340.030 for more than the equivalent of one academic year. If an eligiblestudent first enrolls in an eligible post-secondary course in the middle of theschool year, the time of participation shall be reduced proportionately. If aneligible student is enrolled in a year-round program and begins each grade inthe summer session, summer sessions are not counted against the time ofparticipation.

      (2)A student who has graduated from high school may not participate in theExpanded Options Program. [2005 c.674 §8; 2007 c.567 §5]

 

      340.040Credits for post-secondary courses; notification; appeal. (1) The StateBoard of Education shall establish a procedure for a school district to awardcredits to eligible students for eligible post-secondary courses completedunder the Expanded Options Program.

      (2)Prior to an eligible student’s beginning an eligible post-secondary course, theschool district shall notify the student of the number and type of credits thatthe student will be granted upon successful completion of the eligiblepost-secondary course.

      (3)If there is a dispute between the school district and the eligible studentregarding the number or type of credits that the school district will grant toa student or that the school district has granted for a particular eligiblepost-secondary course, the student may appeal the school district’s decisionusing an appeals process adopted by the school district board.

      (4)Credits granted to an eligible student shall be counted toward high schoolgraduation requirements and subject area requirements of the state and theschool district. Evidence of successful completion of each eligiblepost-secondary course and credits granted shall be included in the student’seducation record. A student shall provide the school district with a copy ofthe student’s grade in each eligible post-secondary course taken for creditunder the Expanded Options Program. The student’s education record shallindicate that the credits were earned at an eligible post-secondaryinstitution.

      (5)The eligible post-secondary institution shall award post-secondary credit forany eligible post-secondary course successfully completed for credit at theinstitution if the course is considered by the institution to be acollege-level course. Other post-secondary institutions may award, after astudent leaves secondary school, post-secondary credit for any eligiblepost-secondary course successfully completed under the Expanded OptionsProgram. A post-secondary institution may not charge a student for the award ofcredit. [2005 c.674 §9]

 

      340.045Calculation of State School Fund grant; payment of instructional costs; appeal. (1) An eligiblestudent enrolled in an eligible post-secondary course at an eligiblepost-secondary institution pursuant to ORS 340.030 shall continue to beconsidered a resident pupil of the student’s school district for purposes ofcalculation of the State School Fund grant under ORS 327.006 to 327.133,327.348, 327.355, 327.357, 327.360 and 327.731.

      (2)The amount of each school district’s general purpose grant per extended ADMw ascalculated under ORS 327.013 shall be determined each fiscal year by theDepartment of Education and made available to all school districts and, uponrequest, to any eligible post-secondary institution.

      (3)A school district and any eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course pursuant to ORS340.030 shall negotiate in good faith a financial agreement for the payment ofactual instructional costs associated with the enrollment of the eligiblestudent in eligible post-secondary courses, including tuition and fees and thecosts of textbooks, equipment and materials.

      (4)As part of the negotiated financial agreement, an eligible post-secondaryinstitution shall provide the school district with the published refund policyfor eligible students who do not complete eligible post-secondary courses inwhich the students enroll and do not earn credit.

      (5)If, after participating in good faith negotiations, a school district and aneligible post-secondary institution are unable to agree on the payment ofactual instructional costs as described in subsection (3) of this section,either entity may appeal to the department for a determination of whether thenegotiations were conducted in good faith.

      (6)The department shall develop a process and criteria to use for appeals.

      (7)(a)If the department determines that the negotiations were not conducted in goodfaith by either the school district or the eligible post-secondary institution,the department shall order the school district and the eligible post-secondaryinstitution to conduct the negotiations again.

      (b)If the department determines that the negotiations were conducted in good faithby the school district and the eligible post-secondary institution, thedepartment shall grant the school district a waiver under ORS 340.083 fromparticipating in the Expanded Options Program with the eligible post-secondaryinstitution with which the school district was negotiating.

      (8)The decision of the department shall be binding on the school district and theeligible post-secondary institution.

      (9)In addition to any financial agreement entered into under subsection (3) ofthis section, the resident school district of the eligible student shall enterinto an agreement with an eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course that is anontuition course or noncredit course pursuant to ORS 340.030 for the paymentof the actual instructional costs associated with the student’s attending theeligible post-secondary course at the institution.

      (10)Nothing in this section shall prohibit an eligible post-secondary institutionfrom receiving additional state funding that may be available under any otherlaw. [2005 c.674 §10; 2007 c.567 §6]

 

      Note: The amendmentsto 340.045 by section 17, chapter 846, Oregon Laws 2007, become operative June30, 2012. See section 19, chapter 846, Oregon Laws 2007. The text that isoperative on and after June 30, 2012, is set forth for the user’s convenience.

      340.045. (1) An eligiblestudent enrolled in an eligible post-secondary course at an eligiblepost-secondary institution pursuant to ORS 340.030 shall continue to beconsidered a resident pupil of the student’s school district for purposes of calculationof the State School Fund grant under ORS 327.006 to 327.133, 327.348 and327.731.

      (2)The amount of each school district’s general purpose grant per extended ADMw ascalculated under ORS 327.013 shall be determined each fiscal year by the Departmentof Education and made available to all school districts and, upon request, toany eligible post-secondary institution.

      (3)A school district and any eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course pursuant to ORS340.030 shall negotiate in good faith a financial agreement for the payment ofactual instructional costs associated with the enrollment of the eligiblestudent in eligible post-secondary courses, including tuition and fees and thecosts of textbooks, equipment and materials.

      (4)As part of the negotiated financial agreement, an eligible post-secondaryinstitution shall provide the school district with the published refund policyfor eligible students who do not complete eligible post-secondary courses inwhich the students enroll and do not earn credit.

      (5)If, after participating in good faith negotiations, a school district and aneligible post-secondary institution are unable to agree on the payment ofactual instructional costs as described in subsection (3) of this section,either entity may appeal to the department for a determination of whether thenegotiations were conducted in good faith.

      (6)The department shall develop a process and criteria to use for appeals.

      (7)(a)If the department determines that the negotiations were not conducted in goodfaith by either the school district or the eligible post-secondary institution,the department shall order the school district and the eligible post-secondaryinstitution to conduct the negotiations again.

      (b)If the department determines that the negotiations were conducted in good faithby the school district and the eligible post-secondary institution, thedepartment shall grant the school district a waiver under ORS 340.083 fromparticipating in the Expanded Options Program with the eligible post-secondaryinstitution with which the school district was negotiating.

      (8)The decision of the department shall be binding on the school district and theeligible post-secondary institution.

      (9)In addition to any financial agreement entered into under subsection (3) ofthis section, the resident school district of the eligible student shall enterinto an agreement with an eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course that is anontuition course or noncredit course pursuant to ORS 340.030 for the paymentof the actual instructional costs associated with the student’s attending theeligible post-secondary course at the institution.

      (10)Nothing in this section shall prohibit an eligible post-secondary institutionfrom receiving additional state funding that may be available under any otherlaw.

 

      340.050Students not eligible for financial aid; reimbursement for educationalexpenses.(1) An eligible student enrolled in an eligible post-secondary course pursuantto this chapter is not eligible for any state student financial aid under ORS348.040 to 348.280 and 348.500 to 348.695.

      (2)The eligible student may apply to the resident school district of the studentfor reimbursement for any textbooks, fees, equipment or materials purchased bythe student that are required for an eligible post-secondary course. [2005c.674 §11]

 

      340.055Charging student for instructional costs prohibited. An eligiblepost-secondary institution that receives payment for an eligible student underORS 340.045 may not charge that student for tuition, fees and other requiredinstructional costs associated with the enrollment of the student in an eligiblepost-secondary course. [2005 c.674 §12]

 

      340.060Textbooks, fees, equipment and materials property of school district. All textbooks,fees, equipment and materials provided to an eligible student and paid forunder ORS 340.045 are the property of the resident school district of thestudent. [2005 c.674 §13]

 

State Codes and Statutes

Statutes > Oregon > Vol9 > 340

Chapter 340 — ExpandedOptions Program

 

2009 EDITION

 

 

EXPANDEDOPTIONS PROGRAM

 

EDUCATIONAND CULTURE

 

340.005     Definitions

 

340.010     Purposes

 

340.015     Notificationto students and parents or guardians; rules

 

340.020     Highschool students who have dropped out; identification; information

 

340.025     Notificationby student to school district; review of graduation requirements; educationallearning plan

 

340.030     Application;acceptance; appeal; duplicate courses; academic progress

 

340.035     Enrollmentin eligible post-secondary courses

 

340.037     Limitationson enrollment in post-secondary courses

 

340.040     Creditsfor post-secondary courses; notification; appeal

 

340.045     Calculationof State School Fund grant; payment of instructional costs; appeal

 

340.050     Studentsnot eligible for financial aid; reimbursement for educational expenses

 

340.055     Chargingstudent for instructional costs prohibited

 

340.060     Textbooks,fees, equipment and materials property of school district

 

340.065     Transportation;costs

 

340.070     Specialeducation and related services; contract

 

340.073     Publiccharter school participation; costs

 

340.075     Applicabilityof chapter to additional courses

 

340.080     Limitationon credit hours awarded to students; rules

 

340.083     Waiverof program requirements; duration

 

340.085     Reportto legislative committees and joint boards

 

340.090     Alternativeprograms

 

      340.005Definitions.For purposes of this chapter:

      (1)“Accelerated college credit program” has the meaning given that term by rulesadopted by the State Board of Education.

      (2)“At-risk student” means:

      (a)A student who qualifies for a free or reduced lunch program; or

      (b)An at-risk student as defined by rules adopted by the board if the board hasadopted rules to define an at-risk student.

      (3)“Duplicate course” means a course with a scope that is identical to the scopeof another course.

      (4)(a)“Eligible post-secondary course” means any nonsectarian course or programoffered through an eligible post-secondary institution if the course or programmay lead to high school completion, a certificate, professional certification,associate degree or baccalaureate degree.

      (b)“Eligible post-secondary course” does not include a duplicate course offered atthe student’s resident school.

      (c)“Eligible post-secondary course” includes:

      (A)Academic courses;

      (B)Career and technical education courses; and

      (C)Distance education courses.

      (5)“Eligible post-secondary institution” means:

      (a)A community college;

      (b)A state institution of higher education listed in ORS 352.002; and

      (c)The Oregon Health and Science University.

      (6)(a)“Eligible student” means a student who is enrolled in an Oregon public schooland who:

      (A)Is 16 years of age or older at the time of enrollment in a course under theExpanded Options Program;

      (B)(i)Is in grade 11 or 12 at the time of enrollment in a course under the ExpandedOptions Program; or

      (ii)Is not in grade 11 or 12, because the student has not completed the requirednumber of credits, but who has been allowed by the school district toparticipate in the program;

      (C)Has developed an educational learning plan as described in ORS 340.025; and

      (D)Has not successfully completed the requirements for a high school diploma asestablished by ORS 329.451, the State Board of Education and the schooldistrict board.

      (b)“Eligible student” does not include a foreign exchange student enrolled in aschool under a cultural exchange program.

      (7)“Expanded Options Program” means the program created under this chapter.

      (8)“Scope” means depth and breadth of course content as evidenced through aplanned course statement including content outline, applicable state contentstandards where appropriate, course goals and student outcomes. [2005 c.674 §1;2007 c.567 §1; 2009 c.94 §10]

 

      340.010Purposes.The Legislative Assembly declares that the purposes of this chapter are to:

      (1)Create a seamless education system for students enrolled in grades 11 and 12to:

      (a)Have additional options to continue or complete their education;

      (b)Earn concurrent high school and college credits; and

      (c)Gain early entry into post-secondary education.

      (2)Promote and support existing accelerated college credit programs, and supportthe development of new programs that are unique to a community’s secondary andpost-secondary relationships and resources.

      (3)Allow eligible students who participate in the Expanded Options Program toenroll full-time or part-time in an eligible post-secondary institution.

      (4)Provide public funding to the eligible post-secondary institutions foreducational services to eligible students to offset the cost of tuition, fees,textbooks, equipment and materials for students who participate in the ExpandedOptions Program. [2005 c.674 §2]

 

      340.015Notification to students and parents or guardians; rules. (1) Prior toFebruary 15 of each year, each school district shall notify all high schoolstudents and the students’ parents or guardians of the Expanded Options Programfor the following school year.

      (2)Notwithstanding subsection (1) of this section, a school district, in thedistrict’s enrollment materials, shall notify a student and the student’sparent or guardian of the Expanded Options Program if the student enrolls in aschool of the district after the district has issued the notice described insubsection (1) of this section and the student is:

      (a)Transferring to a high school in the district from another district; or

      (b)Returning to high school after dropping out of school.

      (3)Each school district shall establish a process to ensure that all at-riskstudents and their parents are notified about the Expanded Options Program.

      (4)A school district shall notify a high school student who has officiallyexpressed an intent to participate in the Expanded Options Program pursuant toORS 340.025 (1) or (2), and the student’s parent or guardian, of the student’seligibility status within 20 business days after the student officiallyexpressed the intent.

      (5)The State Board of Education shall establish by rule the required components ofthe notice. The notice must include, but not be limited to, information about:

      (a)Financial arrangements for tuition, textbooks, equipment and materials;

      (b)Available transportation services;

      (c)The effect of enrolling in the Expanded Options Program on the eligible student’sability to complete the required high school graduation requirements;

      (d)The consequences of failing or not completing an eligible post-secondarycourse;

      (e)The requirement that participation in the Expanded Options Program iscontingent on acceptance by an eligible post-secondary institution; and

      (f)School district timelines affecting student eligibility and duplicate coursedeterminations. [2005 c.674 §5; 2007 c.567 §2]

 

      340.020High school students who have dropped out; identification; information. (1) It shall bea priority for school districts to provide information about the ExpandedOptions Program to high school students who have dropped out of school.

      (2)School districts shall establish a process to identify high school students whohave dropped out of school and provide those students with information aboutthe program. A school district shall send information about the program to thelast-known address of the family of the student. [2005 c.674 §6]

 

      340.025Notification by student to school district; review of graduation requirements; educationallearning plan.(1) Prior to May 15 of each year, a student who is interested in participatingin the Expanded Options Program shall notify the student’s resident schooldistrict of the student’s intent to enroll in eligible post-secondary coursesduring the following school year.

      (2)Notwithstanding subsection (1) of this section, a high school transfer studentor returning dropout described in ORS 340.015 (2) has 20 business days from thedate of enrollment to indicate interest.

      (3)The resident school district shall review with the student and the student’sparent or guardian the student’s current status toward meeting all state andschool district graduation requirements and the applicability of the proposedeligible post-secondary course with respect to fulfilling the student’sremaining graduation requirements.

      (4)(a)An eligible student who intends to participate in the Expanded Options Programshall develop an educational learning plan in cooperation with an advisorysupport team.

      (b)The educational learning plan may include:

      (A)The student’s short-term and long-term learning goals and proposed activities;and

      (B)The relationship of the eligible post-secondary courses proposed under theExpanded Options Program and the student’s learning goals.

      (c)An advisory support team may include the student, the student’s parent orguardian and a teacher or a counselor. [2005 c.674 §7; 2007 c.567 §3]

 

      340.030Application; acceptance; appeal; duplicate courses; academic progress. (1) An eligiblestudent may apply to an eligible post-secondary institution to enroll ineligible post-secondary courses offered by the eligible post-secondaryinstitution.

      (2)If an eligible post-secondary institution accepts an eligible student forenrollment under this section pursuant to ORS 341.505 or other admissionsstandards, the eligible post-secondary institution shall send written notice tothe student, the student’s resident school district and the Department ofEducation within 20 business days of acceptance. The notice shall indicate theeligible post-secondary courses and hours of enrollment offered to the student.

      (3)If an eligible post-secondary institution accepts an eligible student forenrollment under this section, the eligible post-secondary institution shallprovide academic advising to the student as appropriate.

      (4)An eligible post-secondary institution may designate individual programs inwhich eligible students may enroll under this section.

      (5)(a)Each school district shall establish a process to determine duplicate coursedesignations.

      (b)A school district shall notify an eligible student and the student’s parent orguardian of any course the student wishes to take that the district determinesis a duplicate course, within 20 business days after the student has submitteda list of intended courses.

      (c)(A)A student may appeal a duplicate course determination to the school districtboard based on evidence of the scope of the course.

      (B)The school district board or the board’s designee shall issue a decision on theappeal within 30 business days of receipt of the appeal.

      (C)If the appeal is denied by the school district board, the student may appealthe determination of the school district to the Superintendent of PublicInstruction or the superintendent’s designee.

      (d)The Department of Education shall create a process for students to appeal thedecision of a school district under paragraph (c) of this subsection.

      (e)The superintendent or the superintendent’s designee shall issue a decision onthe appeal within 30 days of receipt of the appeal. If the superintendent orthe superintendent’s designee fails to issue a decision within 30 days of receiptof the appeal, the course shall be deemed to not be a duplicate course and thestudent may enroll in the course under the Expanded Options Program if thecourse and the student meet all other eligibility requirements for the program.

      (6)Once participating in the Expanded Options Program, an eligible student mustmaintain satisfactory academic progress as defined by the eligiblepost-secondary institution.

      (7)An eligible post-secondary institution may not be required to accept a studentfor enrollment under this section. [2005 c.674 §3; 2007 c.567 §4]

 

      340.035Enrollment in eligible post-secondary courses. An eligiblepost-secondary institution may enroll an eligible student participating in theExpanded Options Program only in eligible post-secondary courses under theprogram. [2005 c.674 §4]

 

      340.037Limitations on enrollment in post-secondary courses. (1) An eligiblestudent who enrolls in the Expanded Options Program may not enroll in eligiblepost-secondary courses under ORS 340.030 for more than the equivalent of twoacademic years. An eligible student who first enrolls in the Expanded OptionsProgram in grade 12 may not enroll in eligible post-secondary courses under ORS340.030 for more than the equivalent of one academic year. If an eligiblestudent first enrolls in an eligible post-secondary course in the middle of theschool year, the time of participation shall be reduced proportionately. If aneligible student is enrolled in a year-round program and begins each grade inthe summer session, summer sessions are not counted against the time ofparticipation.

      (2)A student who has graduated from high school may not participate in theExpanded Options Program. [2005 c.674 §8; 2007 c.567 §5]

 

      340.040Credits for post-secondary courses; notification; appeal. (1) The StateBoard of Education shall establish a procedure for a school district to awardcredits to eligible students for eligible post-secondary courses completedunder the Expanded Options Program.

      (2)Prior to an eligible student’s beginning an eligible post-secondary course, theschool district shall notify the student of the number and type of credits thatthe student will be granted upon successful completion of the eligiblepost-secondary course.

      (3)If there is a dispute between the school district and the eligible studentregarding the number or type of credits that the school district will grant toa student or that the school district has granted for a particular eligiblepost-secondary course, the student may appeal the school district’s decisionusing an appeals process adopted by the school district board.

      (4)Credits granted to an eligible student shall be counted toward high schoolgraduation requirements and subject area requirements of the state and theschool district. Evidence of successful completion of each eligiblepost-secondary course and credits granted shall be included in the student’seducation record. A student shall provide the school district with a copy ofthe student’s grade in each eligible post-secondary course taken for creditunder the Expanded Options Program. The student’s education record shallindicate that the credits were earned at an eligible post-secondaryinstitution.

      (5)The eligible post-secondary institution shall award post-secondary credit forany eligible post-secondary course successfully completed for credit at theinstitution if the course is considered by the institution to be acollege-level course. Other post-secondary institutions may award, after astudent leaves secondary school, post-secondary credit for any eligiblepost-secondary course successfully completed under the Expanded OptionsProgram. A post-secondary institution may not charge a student for the award ofcredit. [2005 c.674 §9]

 

      340.045Calculation of State School Fund grant; payment of instructional costs; appeal. (1) An eligiblestudent enrolled in an eligible post-secondary course at an eligiblepost-secondary institution pursuant to ORS 340.030 shall continue to beconsidered a resident pupil of the student’s school district for purposes ofcalculation of the State School Fund grant under ORS 327.006 to 327.133,327.348, 327.355, 327.357, 327.360 and 327.731.

      (2)The amount of each school district’s general purpose grant per extended ADMw ascalculated under ORS 327.013 shall be determined each fiscal year by theDepartment of Education and made available to all school districts and, uponrequest, to any eligible post-secondary institution.

      (3)A school district and any eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course pursuant to ORS340.030 shall negotiate in good faith a financial agreement for the payment ofactual instructional costs associated with the enrollment of the eligiblestudent in eligible post-secondary courses, including tuition and fees and thecosts of textbooks, equipment and materials.

      (4)As part of the negotiated financial agreement, an eligible post-secondaryinstitution shall provide the school district with the published refund policyfor eligible students who do not complete eligible post-secondary courses inwhich the students enroll and do not earn credit.

      (5)If, after participating in good faith negotiations, a school district and aneligible post-secondary institution are unable to agree on the payment ofactual instructional costs as described in subsection (3) of this section,either entity may appeal to the department for a determination of whether thenegotiations were conducted in good faith.

      (6)The department shall develop a process and criteria to use for appeals.

      (7)(a)If the department determines that the negotiations were not conducted in goodfaith by either the school district or the eligible post-secondary institution,the department shall order the school district and the eligible post-secondaryinstitution to conduct the negotiations again.

      (b)If the department determines that the negotiations were conducted in good faithby the school district and the eligible post-secondary institution, thedepartment shall grant the school district a waiver under ORS 340.083 fromparticipating in the Expanded Options Program with the eligible post-secondaryinstitution with which the school district was negotiating.

      (8)The decision of the department shall be binding on the school district and theeligible post-secondary institution.

      (9)In addition to any financial agreement entered into under subsection (3) ofthis section, the resident school district of the eligible student shall enterinto an agreement with an eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course that is anontuition course or noncredit course pursuant to ORS 340.030 for the paymentof the actual instructional costs associated with the student’s attending theeligible post-secondary course at the institution.

      (10)Nothing in this section shall prohibit an eligible post-secondary institutionfrom receiving additional state funding that may be available under any otherlaw. [2005 c.674 §10; 2007 c.567 §6]

 

      Note: The amendmentsto 340.045 by section 17, chapter 846, Oregon Laws 2007, become operative June30, 2012. See section 19, chapter 846, Oregon Laws 2007. The text that isoperative on and after June 30, 2012, is set forth for the user’s convenience.

      340.045. (1) An eligiblestudent enrolled in an eligible post-secondary course at an eligiblepost-secondary institution pursuant to ORS 340.030 shall continue to beconsidered a resident pupil of the student’s school district for purposes of calculationof the State School Fund grant under ORS 327.006 to 327.133, 327.348 and327.731.

      (2)The amount of each school district’s general purpose grant per extended ADMw ascalculated under ORS 327.013 shall be determined each fiscal year by the Departmentof Education and made available to all school districts and, upon request, toany eligible post-secondary institution.

      (3)A school district and any eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course pursuant to ORS340.030 shall negotiate in good faith a financial agreement for the payment ofactual instructional costs associated with the enrollment of the eligiblestudent in eligible post-secondary courses, including tuition and fees and thecosts of textbooks, equipment and materials.

      (4)As part of the negotiated financial agreement, an eligible post-secondaryinstitution shall provide the school district with the published refund policyfor eligible students who do not complete eligible post-secondary courses inwhich the students enroll and do not earn credit.

      (5)If, after participating in good faith negotiations, a school district and aneligible post-secondary institution are unable to agree on the payment ofactual instructional costs as described in subsection (3) of this section,either entity may appeal to the department for a determination of whether thenegotiations were conducted in good faith.

      (6)The department shall develop a process and criteria to use for appeals.

      (7)(a)If the department determines that the negotiations were not conducted in goodfaith by either the school district or the eligible post-secondary institution,the department shall order the school district and the eligible post-secondaryinstitution to conduct the negotiations again.

      (b)If the department determines that the negotiations were conducted in good faithby the school district and the eligible post-secondary institution, thedepartment shall grant the school district a waiver under ORS 340.083 fromparticipating in the Expanded Options Program with the eligible post-secondaryinstitution with which the school district was negotiating.

      (8)The decision of the department shall be binding on the school district and theeligible post-secondary institution.

      (9)In addition to any financial agreement entered into under subsection (3) ofthis section, the resident school district of the eligible student shall enterinto an agreement with an eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course that is anontuition course or noncredit course pursuant to ORS 340.030 for the paymentof the actual instructional costs associated with the student’s attending theeligible post-secondary course at the institution.

      (10)Nothing in this section shall prohibit an eligible post-secondary institutionfrom receiving additional state funding that may be available under any otherlaw.

 

      340.050Students not eligible for financial aid; reimbursement for educationalexpenses.(1) An eligible student enrolled in an eligible post-secondary course pursuantto this chapter is not eligible for any state student financial aid under ORS348.040 to 348.280 and 348.500 to 348.695.

      (2)The eligible student may apply to the resident school district of the studentfor reimbursement for any textbooks, fees, equipment or materials purchased bythe student that are required for an eligible post-secondary course. [2005c.674 §11]

 

      340.055Charging student for instructional costs prohibited. An eligiblepost-secondary institution that receives payment for an eligible student underORS 340.045 may not charge that student for tuition, fees and other requiredinstructional costs associated with the enrollment of the student in an eligiblepost-secondary course. [2005 c.674 §12]

 

      340.060Textbooks, fees, equipment and materials property of school district. All textbooks,fees, equipment and materials provided to an eligible student and paid forunder ORS 340.045 are the property of the resident school district of thestudent. [2005 c.674 §13]

 

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State Codes and Statutes

State Codes and Statutes

Statutes > Oregon > Vol9 > 340

Chapter 340 — ExpandedOptions Program

 

2009 EDITION

 

 

EXPANDEDOPTIONS PROGRAM

 

EDUCATIONAND CULTURE

 

340.005     Definitions

 

340.010     Purposes

 

340.015     Notificationto students and parents or guardians; rules

 

340.020     Highschool students who have dropped out; identification; information

 

340.025     Notificationby student to school district; review of graduation requirements; educationallearning plan

 

340.030     Application;acceptance; appeal; duplicate courses; academic progress

 

340.035     Enrollmentin eligible post-secondary courses

 

340.037     Limitationson enrollment in post-secondary courses

 

340.040     Creditsfor post-secondary courses; notification; appeal

 

340.045     Calculationof State School Fund grant; payment of instructional costs; appeal

 

340.050     Studentsnot eligible for financial aid; reimbursement for educational expenses

 

340.055     Chargingstudent for instructional costs prohibited

 

340.060     Textbooks,fees, equipment and materials property of school district

 

340.065     Transportation;costs

 

340.070     Specialeducation and related services; contract

 

340.073     Publiccharter school participation; costs

 

340.075     Applicabilityof chapter to additional courses

 

340.080     Limitationon credit hours awarded to students; rules

 

340.083     Waiverof program requirements; duration

 

340.085     Reportto legislative committees and joint boards

 

340.090     Alternativeprograms

 

      340.005Definitions.For purposes of this chapter:

      (1)“Accelerated college credit program” has the meaning given that term by rulesadopted by the State Board of Education.

      (2)“At-risk student” means:

      (a)A student who qualifies for a free or reduced lunch program; or

      (b)An at-risk student as defined by rules adopted by the board if the board hasadopted rules to define an at-risk student.

      (3)“Duplicate course” means a course with a scope that is identical to the scopeof another course.

      (4)(a)“Eligible post-secondary course” means any nonsectarian course or programoffered through an eligible post-secondary institution if the course or programmay lead to high school completion, a certificate, professional certification,associate degree or baccalaureate degree.

      (b)“Eligible post-secondary course” does not include a duplicate course offered atthe student’s resident school.

      (c)“Eligible post-secondary course” includes:

      (A)Academic courses;

      (B)Career and technical education courses; and

      (C)Distance education courses.

      (5)“Eligible post-secondary institution” means:

      (a)A community college;

      (b)A state institution of higher education listed in ORS 352.002; and

      (c)The Oregon Health and Science University.

      (6)(a)“Eligible student” means a student who is enrolled in an Oregon public schooland who:

      (A)Is 16 years of age or older at the time of enrollment in a course under theExpanded Options Program;

      (B)(i)Is in grade 11 or 12 at the time of enrollment in a course under the ExpandedOptions Program; or

      (ii)Is not in grade 11 or 12, because the student has not completed the requirednumber of credits, but who has been allowed by the school district toparticipate in the program;

      (C)Has developed an educational learning plan as described in ORS 340.025; and

      (D)Has not successfully completed the requirements for a high school diploma asestablished by ORS 329.451, the State Board of Education and the schooldistrict board.

      (b)“Eligible student” does not include a foreign exchange student enrolled in aschool under a cultural exchange program.

      (7)“Expanded Options Program” means the program created under this chapter.

      (8)“Scope” means depth and breadth of course content as evidenced through aplanned course statement including content outline, applicable state contentstandards where appropriate, course goals and student outcomes. [2005 c.674 §1;2007 c.567 §1; 2009 c.94 §10]

 

      340.010Purposes.The Legislative Assembly declares that the purposes of this chapter are to:

      (1)Create a seamless education system for students enrolled in grades 11 and 12to:

      (a)Have additional options to continue or complete their education;

      (b)Earn concurrent high school and college credits; and

      (c)Gain early entry into post-secondary education.

      (2)Promote and support existing accelerated college credit programs, and supportthe development of new programs that are unique to a community’s secondary andpost-secondary relationships and resources.

      (3)Allow eligible students who participate in the Expanded Options Program toenroll full-time or part-time in an eligible post-secondary institution.

      (4)Provide public funding to the eligible post-secondary institutions foreducational services to eligible students to offset the cost of tuition, fees,textbooks, equipment and materials for students who participate in the ExpandedOptions Program. [2005 c.674 §2]

 

      340.015Notification to students and parents or guardians; rules. (1) Prior toFebruary 15 of each year, each school district shall notify all high schoolstudents and the students’ parents or guardians of the Expanded Options Programfor the following school year.

      (2)Notwithstanding subsection (1) of this section, a school district, in thedistrict’s enrollment materials, shall notify a student and the student’sparent or guardian of the Expanded Options Program if the student enrolls in aschool of the district after the district has issued the notice described insubsection (1) of this section and the student is:

      (a)Transferring to a high school in the district from another district; or

      (b)Returning to high school after dropping out of school.

      (3)Each school district shall establish a process to ensure that all at-riskstudents and their parents are notified about the Expanded Options Program.

      (4)A school district shall notify a high school student who has officiallyexpressed an intent to participate in the Expanded Options Program pursuant toORS 340.025 (1) or (2), and the student’s parent or guardian, of the student’seligibility status within 20 business days after the student officiallyexpressed the intent.

      (5)The State Board of Education shall establish by rule the required components ofthe notice. The notice must include, but not be limited to, information about:

      (a)Financial arrangements for tuition, textbooks, equipment and materials;

      (b)Available transportation services;

      (c)The effect of enrolling in the Expanded Options Program on the eligible student’sability to complete the required high school graduation requirements;

      (d)The consequences of failing or not completing an eligible post-secondarycourse;

      (e)The requirement that participation in the Expanded Options Program iscontingent on acceptance by an eligible post-secondary institution; and

      (f)School district timelines affecting student eligibility and duplicate coursedeterminations. [2005 c.674 §5; 2007 c.567 §2]

 

      340.020High school students who have dropped out; identification; information. (1) It shall bea priority for school districts to provide information about the ExpandedOptions Program to high school students who have dropped out of school.

      (2)School districts shall establish a process to identify high school students whohave dropped out of school and provide those students with information aboutthe program. A school district shall send information about the program to thelast-known address of the family of the student. [2005 c.674 §6]

 

      340.025Notification by student to school district; review of graduation requirements; educationallearning plan.(1) Prior to May 15 of each year, a student who is interested in participatingin the Expanded Options Program shall notify the student’s resident schooldistrict of the student’s intent to enroll in eligible post-secondary coursesduring the following school year.

      (2)Notwithstanding subsection (1) of this section, a high school transfer studentor returning dropout described in ORS 340.015 (2) has 20 business days from thedate of enrollment to indicate interest.

      (3)The resident school district shall review with the student and the student’sparent or guardian the student’s current status toward meeting all state andschool district graduation requirements and the applicability of the proposedeligible post-secondary course with respect to fulfilling the student’sremaining graduation requirements.

      (4)(a)An eligible student who intends to participate in the Expanded Options Programshall develop an educational learning plan in cooperation with an advisorysupport team.

      (b)The educational learning plan may include:

      (A)The student’s short-term and long-term learning goals and proposed activities;and

      (B)The relationship of the eligible post-secondary courses proposed under theExpanded Options Program and the student’s learning goals.

      (c)An advisory support team may include the student, the student’s parent orguardian and a teacher or a counselor. [2005 c.674 §7; 2007 c.567 §3]

 

      340.030Application; acceptance; appeal; duplicate courses; academic progress. (1) An eligiblestudent may apply to an eligible post-secondary institution to enroll ineligible post-secondary courses offered by the eligible post-secondaryinstitution.

      (2)If an eligible post-secondary institution accepts an eligible student forenrollment under this section pursuant to ORS 341.505 or other admissionsstandards, the eligible post-secondary institution shall send written notice tothe student, the student’s resident school district and the Department ofEducation within 20 business days of acceptance. The notice shall indicate theeligible post-secondary courses and hours of enrollment offered to the student.

      (3)If an eligible post-secondary institution accepts an eligible student forenrollment under this section, the eligible post-secondary institution shallprovide academic advising to the student as appropriate.

      (4)An eligible post-secondary institution may designate individual programs inwhich eligible students may enroll under this section.

      (5)(a)Each school district shall establish a process to determine duplicate coursedesignations.

      (b)A school district shall notify an eligible student and the student’s parent orguardian of any course the student wishes to take that the district determinesis a duplicate course, within 20 business days after the student has submitteda list of intended courses.

      (c)(A)A student may appeal a duplicate course determination to the school districtboard based on evidence of the scope of the course.

      (B)The school district board or the board’s designee shall issue a decision on theappeal within 30 business days of receipt of the appeal.

      (C)If the appeal is denied by the school district board, the student may appealthe determination of the school district to the Superintendent of PublicInstruction or the superintendent’s designee.

      (d)The Department of Education shall create a process for students to appeal thedecision of a school district under paragraph (c) of this subsection.

      (e)The superintendent or the superintendent’s designee shall issue a decision onthe appeal within 30 days of receipt of the appeal. If the superintendent orthe superintendent’s designee fails to issue a decision within 30 days of receiptof the appeal, the course shall be deemed to not be a duplicate course and thestudent may enroll in the course under the Expanded Options Program if thecourse and the student meet all other eligibility requirements for the program.

      (6)Once participating in the Expanded Options Program, an eligible student mustmaintain satisfactory academic progress as defined by the eligiblepost-secondary institution.

      (7)An eligible post-secondary institution may not be required to accept a studentfor enrollment under this section. [2005 c.674 §3; 2007 c.567 §4]

 

      340.035Enrollment in eligible post-secondary courses. An eligiblepost-secondary institution may enroll an eligible student participating in theExpanded Options Program only in eligible post-secondary courses under theprogram. [2005 c.674 §4]

 

      340.037Limitations on enrollment in post-secondary courses. (1) An eligiblestudent who enrolls in the Expanded Options Program may not enroll in eligiblepost-secondary courses under ORS 340.030 for more than the equivalent of twoacademic years. An eligible student who first enrolls in the Expanded OptionsProgram in grade 12 may not enroll in eligible post-secondary courses under ORS340.030 for more than the equivalent of one academic year. If an eligiblestudent first enrolls in an eligible post-secondary course in the middle of theschool year, the time of participation shall be reduced proportionately. If aneligible student is enrolled in a year-round program and begins each grade inthe summer session, summer sessions are not counted against the time ofparticipation.

      (2)A student who has graduated from high school may not participate in theExpanded Options Program. [2005 c.674 §8; 2007 c.567 §5]

 

      340.040Credits for post-secondary courses; notification; appeal. (1) The StateBoard of Education shall establish a procedure for a school district to awardcredits to eligible students for eligible post-secondary courses completedunder the Expanded Options Program.

      (2)Prior to an eligible student’s beginning an eligible post-secondary course, theschool district shall notify the student of the number and type of credits thatthe student will be granted upon successful completion of the eligiblepost-secondary course.

      (3)If there is a dispute between the school district and the eligible studentregarding the number or type of credits that the school district will grant toa student or that the school district has granted for a particular eligiblepost-secondary course, the student may appeal the school district’s decisionusing an appeals process adopted by the school district board.

      (4)Credits granted to an eligible student shall be counted toward high schoolgraduation requirements and subject area requirements of the state and theschool district. Evidence of successful completion of each eligiblepost-secondary course and credits granted shall be included in the student’seducation record. A student shall provide the school district with a copy ofthe student’s grade in each eligible post-secondary course taken for creditunder the Expanded Options Program. The student’s education record shallindicate that the credits were earned at an eligible post-secondaryinstitution.

      (5)The eligible post-secondary institution shall award post-secondary credit forany eligible post-secondary course successfully completed for credit at theinstitution if the course is considered by the institution to be acollege-level course. Other post-secondary institutions may award, after astudent leaves secondary school, post-secondary credit for any eligiblepost-secondary course successfully completed under the Expanded OptionsProgram. A post-secondary institution may not charge a student for the award ofcredit. [2005 c.674 §9]

 

      340.045Calculation of State School Fund grant; payment of instructional costs; appeal. (1) An eligiblestudent enrolled in an eligible post-secondary course at an eligiblepost-secondary institution pursuant to ORS 340.030 shall continue to beconsidered a resident pupil of the student’s school district for purposes ofcalculation of the State School Fund grant under ORS 327.006 to 327.133,327.348, 327.355, 327.357, 327.360 and 327.731.

      (2)The amount of each school district’s general purpose grant per extended ADMw ascalculated under ORS 327.013 shall be determined each fiscal year by theDepartment of Education and made available to all school districts and, uponrequest, to any eligible post-secondary institution.

      (3)A school district and any eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course pursuant to ORS340.030 shall negotiate in good faith a financial agreement for the payment ofactual instructional costs associated with the enrollment of the eligiblestudent in eligible post-secondary courses, including tuition and fees and thecosts of textbooks, equipment and materials.

      (4)As part of the negotiated financial agreement, an eligible post-secondaryinstitution shall provide the school district with the published refund policyfor eligible students who do not complete eligible post-secondary courses inwhich the students enroll and do not earn credit.

      (5)If, after participating in good faith negotiations, a school district and aneligible post-secondary institution are unable to agree on the payment ofactual instructional costs as described in subsection (3) of this section,either entity may appeal to the department for a determination of whether thenegotiations were conducted in good faith.

      (6)The department shall develop a process and criteria to use for appeals.

      (7)(a)If the department determines that the negotiations were not conducted in goodfaith by either the school district or the eligible post-secondary institution,the department shall order the school district and the eligible post-secondaryinstitution to conduct the negotiations again.

      (b)If the department determines that the negotiations were conducted in good faithby the school district and the eligible post-secondary institution, thedepartment shall grant the school district a waiver under ORS 340.083 fromparticipating in the Expanded Options Program with the eligible post-secondaryinstitution with which the school district was negotiating.

      (8)The decision of the department shall be binding on the school district and theeligible post-secondary institution.

      (9)In addition to any financial agreement entered into under subsection (3) ofthis section, the resident school district of the eligible student shall enterinto an agreement with an eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course that is anontuition course or noncredit course pursuant to ORS 340.030 for the paymentof the actual instructional costs associated with the student’s attending theeligible post-secondary course at the institution.

      (10)Nothing in this section shall prohibit an eligible post-secondary institutionfrom receiving additional state funding that may be available under any otherlaw. [2005 c.674 §10; 2007 c.567 §6]

 

      Note: The amendmentsto 340.045 by section 17, chapter 846, Oregon Laws 2007, become operative June30, 2012. See section 19, chapter 846, Oregon Laws 2007. The text that isoperative on and after June 30, 2012, is set forth for the user’s convenience.

      340.045. (1) An eligiblestudent enrolled in an eligible post-secondary course at an eligiblepost-secondary institution pursuant to ORS 340.030 shall continue to beconsidered a resident pupil of the student’s school district for purposes of calculationof the State School Fund grant under ORS 327.006 to 327.133, 327.348 and327.731.

      (2)The amount of each school district’s general purpose grant per extended ADMw ascalculated under ORS 327.013 shall be determined each fiscal year by the Departmentof Education and made available to all school districts and, upon request, toany eligible post-secondary institution.

      (3)A school district and any eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course pursuant to ORS340.030 shall negotiate in good faith a financial agreement for the payment ofactual instructional costs associated with the enrollment of the eligiblestudent in eligible post-secondary courses, including tuition and fees and thecosts of textbooks, equipment and materials.

      (4)As part of the negotiated financial agreement, an eligible post-secondaryinstitution shall provide the school district with the published refund policyfor eligible students who do not complete eligible post-secondary courses inwhich the students enroll and do not earn credit.

      (5)If, after participating in good faith negotiations, a school district and aneligible post-secondary institution are unable to agree on the payment ofactual instructional costs as described in subsection (3) of this section,either entity may appeal to the department for a determination of whether thenegotiations were conducted in good faith.

      (6)The department shall develop a process and criteria to use for appeals.

      (7)(a)If the department determines that the negotiations were not conducted in goodfaith by either the school district or the eligible post-secondary institution,the department shall order the school district and the eligible post-secondaryinstitution to conduct the negotiations again.

      (b)If the department determines that the negotiations were conducted in good faithby the school district and the eligible post-secondary institution, thedepartment shall grant the school district a waiver under ORS 340.083 fromparticipating in the Expanded Options Program with the eligible post-secondaryinstitution with which the school district was negotiating.

      (8)The decision of the department shall be binding on the school district and theeligible post-secondary institution.

      (9)In addition to any financial agreement entered into under subsection (3) ofthis section, the resident school district of the eligible student shall enterinto an agreement with an eligible post-secondary institution that accepts astudent for enrollment in an eligible post-secondary course that is anontuition course or noncredit course pursuant to ORS 340.030 for the paymentof the actual instructional costs associated with the student’s attending theeligible post-secondary course at the institution.

      (10)Nothing in this section shall prohibit an eligible post-secondary institutionfrom receiving additional state funding that may be available under any otherlaw.

 

      340.050Students not eligible for financial aid; reimbursement for educationalexpenses.(1) An eligible student enrolled in an eligible post-secondary course pursuantto this chapter is not eligible for any state student financial aid under ORS348.040 to 348.280 and 348.500 to 348.695.

      (2)The eligible student may apply to the resident school district of the studentfor reimbursement for any textbooks, fees, equipment or materials purchased bythe student that are required for an eligible post-secondary course. [2005c.674 §11]

 

      340.055Charging student for instructional costs prohibited. An eligiblepost-secondary institution that receives payment for an eligible student underORS 340.045 may not charge that student for tuition, fees and other requiredinstructional costs associated with the enrollment of the student in an eligiblepost-secondary course. [2005 c.674 §12]

 

      340.060Textbooks, fees, equipment and materials property of school district. All textbooks,fees, equipment and materials provided to an eligible student and paid forunder ORS 340.045 are the property of the resident school district of thestudent. [2005 c.674 §13]