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Home > Statutes > Usa Oregon
USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 340 Expanded Options Program
For purposes of this chapter:

(1) “Accelerated college credit program” has the meaning given that
term by rules adopted 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 has adopted rules to define an at-risk student.

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

(4)(a) “Eligible post-secondary course” means any nonsectarian
course or program offered through an eligible post-secondary institution
if the course or program may 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 at the student’s resident school.

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

(A) Academic and professional technical courses; and

(B) 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 school and who:

(A) Is in grade 11 or 12 or who is 16 years of age or older at the
time of enrollment in a course under the Expanded Options Program;

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

(C) Has not successfully completed four years of high school.

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

(7) “Expanded Options Program” means the program created under this
chapter. [2005 c.674 §1] 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 12 to:

(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 support the development of new programs that are unique to
a community’s secondary and post-secondary relationships and resources.

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

(4) Provide public funding to the eligible post-secondary
institutions for educational services to eligible students to offset the
cost of tuition, fees, textbooks, equipment and materials for students
who participate in the Expanded Options Program. [2005 c.674 §2]
(1) Prior to February 1 of each year, each school district shall notify
all high school students and the students’ parents or guardians of the
Expanded Options Program.

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

(3) The State Board of Education shall establish by rule the
required components of the 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’s ability to complete the required high school
graduation requirements;

(d) The consequences of failing or not completing an eligible
post-secondary course; and

(e) The requirement that participation in the Expanded Options
Program is contingent on acceptance by an eligible post-secondary
institution. [2005 c.674 §5](1) It shall be a priority for school districts to provide
information about the Expanded Options Program to high school students
who have dropped out of school.

(2) School districts shall establish a process to identify high
school students who have dropped out of school and provide those students
with information about the program. A school district shall send
information about the program to the last-known address of the family of
the student. [2005 c.674 §6](1) Prior to March 1
of each year, a student who is interested in participating in the
Expanded Options Program shall notify the student’s resident school
district of the student’s intent to enroll in eligible post-secondary
courses during the following school year.

(2) The resident school district shall review with the student and
the student’s parent or guardian the student’s current status toward
meeting all state and school district graduation requirements and the
applicability of the proposed eligible post-secondary course with respect
to fulfilling the student’s remaining graduation requirements.

(3)(a) An eligible student who intends to participate in the
Expanded Options Program shall develop an educational learning plan in
cooperation with an advisory support 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 the Expanded Options Program and the student’s learning
goals.

(c) An advisory support team may include the student, the student’s
parent or guardian and a teacher or a counselor. [2005 c.674 §7] (1) An
eligible student may apply to an eligible post-secondary institution to
enroll in eligible post-secondary courses offered by the eligible
post-secondary institution.

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

(3) If an eligible post-secondary institution accepts an eligible
student for enrollment under this section, the eligible post-secondary
institution shall provide academic advising to the student as appropriate.

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

(5)(a) If an eligible student wishes to take a course at an
eligible post-secondary institution that a school district determines is
a duplicate course, the student may appeal the determination of the
school district to the Superintendent of Public Instruction or the
superintendent’s designee.

(b) The Department of Education shall create a process for students
to appeal the decision of a school district under paragraph (a) of this
subsection.

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

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

(7) An eligible post-secondary institution may not be required to
accept a student for enrollment under this section. [2005 c.674 §3]Note: Section 21, chapter 674, Oregon Laws 2005, provides:

Sec. 21. The Expanded Options Program created by sections 1 to 20
of this 2005 Act [ORS chapter 340] shall first be made available to
students for the 2006-2007 school year. [2005 c.674 §21] An eligible
post-secondary institution may enroll an eligible student participating
in the Expanded Options Program only in eligible post-secondary courses
under the program. [2005 c.674 §4] (1) An
eligible student who enrolls in the Expanded Options Program may not
enroll in eligible post-secondary courses under ORS 340.030 for more than
the equivalent of two academic years. An eligible student who first
enrolls in the Expanded Options Program in grade 12 may not enroll in
eligible post-secondary courses under ORS 340.030 for more than the
equivalent of one academic year. If an eligible student first enrolls in
an eligible post-secondary course in the middle of the school year, the
time of participation shall be reduced proportionately. If an eligible
student is enrolled in a year-round program and begins each grade in the
summer session, summer sessions are not counted against the time of
participation.

(2) A student who has graduated from high school may not
participate in the Expanded Options Program. However, an eligible student
who has completed course requirements for graduation, but who has not
received a diploma, may participate in the Expanded Options Program.
[2005 c.674 §8]
(1) The State Board of Education shall establish a procedure for a school
district to award credits to eligible students for eligible
post-secondary courses completed under the Expanded Options Program.

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

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

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

(5) The eligible post-secondary institution shall award
post-secondary credit for any eligible post-secondary course successfully
completed for credit at the institution if the course is considered by
the institution to be a college-level course. Other post-secondary
institutions may award, after a student leaves secondary school,
post-secondary credit for any eligible post-secondary course successfully
completed under the Expanded Options Program. A post-secondary
institution may not charge a student for the award of credit. [2005 c.674
§9](1) An eligible student enrolled in an
eligible post-secondary course at an eligible post-secondary institution
pursuant to ORS 340.030 shall continue to be considered a resident pupil
of the student’s school district for purposes of calculation 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) A school district shall negotiate a financial agreement with
any eligible post-secondary institution that accepts a student for
enrollment in an eligible post-secondary course pursuant to ORS 340.030
for the payment of actual tuition, fees and other required instructional
costs associated with the enrollment of the student in eligible
post-secondary courses.

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

(b) Each fiscal year, a school district shall expend per student
participating in the Expanded Options Program a minimum of 50 percent of
the school district’s general purpose grant per extended ADMw.
Expenditures that qualify under this paragraph include amounts expended
on tuition, fees, textbooks, equipment and materials required for an
eligible post-secondary course.

(c) A school district may request a waiver from the Superintendent
of Public Instruction or the superintendent’s designee of the
requirements of paragraph (b) of this subsection. The superintendent or
the superintendent’s designee shall grant the waiver if:

(A) Compliance with the requirements of paragraph (b) of this
subsection would cause the school district extreme financial distress; or

(B) The school district offers dual credit technical preparation
programs, such as two-plus-two programs, advanced placement or
International Baccalaureate programs and other accelerated college credit
programs, and:

(i) The programs offered by the school district serve all qualified
applicants; and

(ii) There are no charges to at-risk students.

(4) In addition to any financial agreement entered into under
subsection (2) of this section, the resident school district of the
eligible student shall enter into an agreement with an eligible
post-secondary institution that accepts a student for enrollment in an
eligible post-secondary course that is a nontuition course or noncredit
course pursuant to ORS 340.030 for the payment of the actual
instructional costs associated with the student’s attending the eligible
post-secondary course at the institution.

(5) Nothing in this section shall prohibit an eligible
post-secondary institution from receiving additional state funding that
may be available under any other law. [2005 c.674 §10](1) An eligible student enrolled in an eligible
post-secondary course pursuant to this chapter is not eligible for any
state student financial aid under ORS 348.040 to 348.280 and 348.505 to
348.695.

(2) The eligible student may apply to the resident school district
of the student for reimbursement for any textbooks, fees, equipment or
materials purchased by the student that are required for an eligible
post-secondary course. [2005 c.674 §11] An
eligible post-secondary institution that receives payment for an eligible
student under ORS 340.045 may not charge that student for tuition, fees
and other required instructional costs associated with the enrollment of
the student in an eligible post-secondary course. [2005 c.674 §12]All textbooks, fees, equipment and materials provided to an
eligible student and paid for under ORS 340.045 are the property of the
resident school district of the student. [2005 c.674 §13] (1) A resident school district may
provide transportation services to eligible students who attend eligible
post-secondary institutions within the boundaries of the school district
pursuant to ORS 327.043.

(2) Any transportation costs incurred by a school district under
this section shall be considered approved transportation costs for
purposes of ORS 327.013 (9). [2005 c.674 §14] (1) The
resident school district of an eligible student participating in the
Expanded Options Program shall be responsible for providing any required
special education and related services to the student. A student who
requires special education and related services shall be considered, for
school purposes, a resident in the school district in which the student’s
parents or guardians or persons in parental relationship to the student
reside, pursuant to ORS 339.133 and 339.134.

(2) If an eligible post-secondary institution intends to provide
special education and related services to an eligible student
participating in the Expanded Options Program, the institution shall
enter into a written contract with the resident school district of the
student. The contract shall include at least the following:

(a) Allowance for the student to remain in the program during the
pendency of any special education due process hearing unless the parents
or guardians and school district agree otherwise;

(b) Immediate notification to the resident school district if the
institution suspects that a student participating in the program may have
a disability and requires special education or related services;

(c) Immediate notification to the resident school district if the
student who is receiving special education and related services has
engaged in conduct that may lead to suspension or expulsion; and

(d) Immediate notification to the resident school district of any
complaint made by the parents or guardians of the student regarding the
student’s participation in the program at the institution.

(3)(a) If an eligible post-secondary institution provides special
education and related services under a contract with a resident school
district, the institution shall comply with standards established by the
State Board of Education under this section.

(b) The State Board of Education shall establish standards to be
applied to post-secondary institutions that provide special education and
related services under a contract with a resident school district. The
standards shall include at least the following minimum requirements:

(A) The implementation of special education and related services
must be done as described in the eligible student’s individualized
education program as defined in ORS 343.035; and

(B) The institution shall maintain the confidentiality of education
records in compliance with the federal Family Educational Rights and
Privacy Act (20 U.S.C. 1232g). [2005 c.674 §15] The
provisions of this chapter do not apply to any post-secondary courses in
which a student is enrolled in addition to being enrolled full-time in
the student’s resident school district. For purposes of this section, a
student is considered enrolled full-time if the student attends classes
for credit in the secondary school for all available hours of
instruction. [2005 c.674 §16] (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] The
Department of Education shall annually report on the Expanded Options
Program to the Joint Boards of Education and the House and Senate
committees relating to education. The report shall include:

(1) The types of accelerated college credit programs offered.

(2) The number of waivers of requirements granted under the
Expanded Options Program and the reasons for issuance of the waivers.

(3) The number of college and high school credits earned under the
Expanded Options Program.

(4) The estimated college tuition cost savings for students
participating in the Expanded Options Program.

(5) The number of students who had dropped out of high school but
returned to high school to participate in the Expanded Options Program
and earned a diploma.

(6) The number of students who participated in the Expanded Options
Program, categorized by ethnicity and financial status.

(7) The number of talented and gifted students who participated in
the Expanded Options Program.

(8) The level of participation in the Expanded Options Program by
rural communities, and the number of students living in rural communities
who participated in the program.

(9) Recommendations for changes to the Expanded Options Program to
better serve students, including changes to the age limit restrictions
for eligible students.

(10) Recommendations for funding changes to better serve students
who wish to participate in the Expanded Options Program.

(11) The number of appeals of students under ORS 340.030 to the
Superintendent of Public Instruction or the superintendent’s designee and
the disposition of the students’ appeals.

(12) The number of small school districts with more eligible
students who wish to participate in the program than are allowed under
the credit hour caps established in ORS 340.080. [2005 c.674 §18]Note: Section 19, chapter 674, Oregon Laws 2005, provides:

Sec. 19. The Department of Education shall issue the first report
required by section 18 of this 2005 Act [340.085] prior to January 1,
2008. [2005 c.674 §19] (1) Notwithstanding this chapter, any
program, agreement or plan in effect on January 1, 2006, that provides
access for public high school students to a post-secondary course is not
affected by this chapter and may be continued or renewed at the
discretion of the parties to the program, agreement or plan.

(2) Any new program, agreement or plan that is developed after
January 1, 2006, and that is intended to provide access for public high
school students to a post-secondary course may be initiated at the
discretion of a school district and a post-secondary institution. [2005
c.674 §20]

_______________
 
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