ORS 338.165¹
Special education students
  • payment for services

(1) Notwithstanding ORS 338.155 (Minimum amount required) (1), for purposes of this section, the "resident school district" of a student who is eligible for special education and related services shall be the school district in which the student’s parent or guardian or person in parental relationship to the student reside pursuant to ORS 339.133 (Residency of student for school purposes) and 339.134 (Residency of child with disability).

(2) For students who attend public charter schools and are eligible for special education and related services:

(a) The resident school district of the student shall be responsible for providing any required special education and related services to the student; and

(b) Amounts from the State School Fund for those students shall be distributed through the resident school district pursuant to this section.

(3) Notwithstanding ORS 338.155 (Minimum amount required) (2), a resident school district of a student who is eligible for special education and related services shall contractually establish, with any public charter school in which the student is enrolled, payment for provision of special education and related services to the student. If a student is enrolled in a public charter school and is eligible for special education and related services an additional amount shall be added to the ADM of the public charter school as described in ORS 327.013 (State School Fund distribution computations for school districts) (7)(a)(A). The payment per ADMw in the public charter school that is attributable to the student who is eligible for special education and related services shall equal an amount that is at least equal to:

(a) 40 percent of the amount of the school district’s General Purpose Grant per ADMw as calculated under ORS 327.013 (State School Fund distribution computations for school districts) for students who are enrolled in kindergarten through grade eight; and

(b) 47.5 percent of the amount of the school district’s General Purpose Grant per ADMw as calculated under ORS 327.013 (State School Fund distribution computations for school districts) for students who are enrolled in grades 9 through 12.

(4) If the resident school district is not the sponsor of a public charter school, the resident school district for each ADMw that is attributable to a student enrolled in a public charter school who is eligible for special education and related services shall transfer five percent of the amount of the school district’s General Purpose Grant per ADMw as calculated under ORS 327.013 (State School Fund distribution computations for school districts) to the sponsor of the public charter school.

(5) Notwithstanding subsection (3) of this section, a school district and a public charter school may negotiate on a case-by-case basis for an alternative distribution of funds other than the distribution prescribed by subsection (3) of this section. [1999 c.200 §21]

Chapter 338

Atty. Gen. Opinions

Ability of charter school to contract opera­tions to private, for-profit entity, (2000) Vol 49, p 254

Law Review Cita­tions

36 WLR 265 (2000)

1 Legislative Counsel Committee, CHAPTER 338—Public Charter Schools, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors338.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 338, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­338ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information