2011 ORS § 340.045¹
Calculation of State School Fund grant
  • payment of instructional costs
  • appeal

(1) An eligible student enrolled in an eligible post-secondary course at an eligible post-secondary institution pursuant to ORS 340.030 (Application) shall continue to be considered a resident pupil of the students school district for purposes of calculation of the State School Fund grant under ORS 327.006 (Definitions) to 327.133 (Reports by districts), 327.348 (High Cost Disabilities Account) and 327.731 (Education project grants).

(2) The amount of each school districts general purpose grant per extended ADMw as calculated under ORS 327.013 (State School Fund distribution computations for school districts) 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.

(3) A school district and any eligible post-secondary institution that accepts a student for enrollment in an eligible post-secondary course pursuant to ORS 340.030 (Application) shall negotiate in good faith a financial agreement for the payment of actual instructional costs associated with the enrollment of the eligible student in eligible post-secondary courses, including tuition and fees and the costs of textbooks, equipment and materials.

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

(5) If, after participating in good faith negotiations, a school district and an eligible post-secondary institution are unable to agree on the payment of actual instructional costs as described in subsection (3) of this section, either entity may appeal to the department for a determination of whether the negotiations 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 good faith by either the school district or the eligible post-secondary institution, the department shall order the school district and the eligible post-secondary institution to conduct the negotiations again.

(b) If the department determines that the negotiations were conducted in good faith by the school district and the eligible post-secondary institution, the department shall grant the school district a waiver under ORS 340.083 (Waiver of program requirements) from participating in the Expanded Options Program with the eligible post-secondary institution with which the school district was negotiating.

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

(9) In addition to any financial agreement entered into under subsection (3) 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 (Application) for the payment of the actual instructional costs associated with the students attending the eligible post-secondary course at the institution.

(10) 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; 2007 c.567 §6; 2007 c.846 §17]

Note: The amendments to 340.045 (Calculation of State School Fund grant) by section 17, chapter 846, Oregon Laws 2007, become operative June 30, 2012. See section 19, chapter 846, Oregon Laws 2007. The text that is operative until June 30, 2012, is set forth for the users convenience.

340.045 (Calculation of State School Fund grant). (1) An eligible student enrolled in an eligible post-secondary course at an eligible post-secondary institution pursuant to ORS 340.030 (Application) shall continue to be considered a resident pupil of the students school district for purposes of calculation of the State School Fund grant under ORS 327.006 (Definitions) to 327.133 (Reports by districts), 327.348 (High Cost Disabilities Account), 327.355, 327.357, 327.360 and 327.731 (Education project grants).

(2) The amount of each school districts general purpose grant per extended ADMw as calculated under ORS 327.013 (State School Fund distribution computations for school districts) 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.

(3) A school district and any eligible post-secondary institution that accepts a student for enrollment in an eligible post-secondary course pursuant to ORS 340.030 (Application) shall negotiate in good faith a financial agreement for the payment of actual instructional costs associated with the enrollment of the eligible student in eligible post-secondary courses, including tuition and fees and the costs of textbooks, equipment and materials.

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

(5) If, after participating in good faith negotiations, a school district and an eligible post-secondary institution are unable to agree on the payment of actual instructional costs as described in subsection (3) of this section, either entity may appeal to the department for a determination of whether the negotiations 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 good faith by either the school district or the eligible post-secondary institution, the department shall order the school district and the eligible post-secondary institution to conduct the negotiations again.

(b) If the department determines that the negotiations were conducted in good faith by the school district and the eligible post-secondary institution, the department shall grant the school district a waiver under ORS 340.083 (Waiver of program requirements) from participating in the Expanded Options Program with the eligible post-secondary institution with which the school district was negotiating.

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

(9) In addition to any financial agreement entered into under subsection (3) 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 (Application) for the payment of the actual instructional costs associated with the students attending the eligible post-secondary course at the institution.

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