2007 Oregon Code - Chapter 340 :: Chapter 340 - Expanded Options Program
Chapter 340 —
Expanded Options Program
2007 EDITION
EXPANDED OPTIONS PROGRAM
EDUCATION AND CULTURE
340.005Â Â Â Â Definitions
340.010Â Â Â Â Purposes
340.015Â Â Â Â Notification
to students and parents or guardians; rules
340.020Â Â Â Â High
school students who have dropped out; identification; information
340.025Â Â Â Â Notification
by student to school district; review of graduation requirements; educational
learning plan
340.030Â Â Â Â Application;
acceptance; appeal; duplicate courses; academic progress
340.035Â Â Â Â Enrollment
in eligible post-secondary courses
340.037Â Â Â Â Limitations
on enrollment in post-secondary courses
340.040Â Â Â Â Credits
for post-secondary courses; notification; appeal
340.045Â Â Â Â Calculation
of State School Fund grant; payment of instructional costs; appeal
340.050Â Â Â Â Students
not eligible for financial aid; reimbursement for educational expenses
340.055Â Â Â Â Charging
student for instructional costs prohibited
340.060Â Â Â Â Textbooks,
fees, equipment and materials property of school district
340.065Â Â Â Â Transportation;
costs
340.070Â Â Â Â Special
education and related services; contract
340.073Â Â Â Â Public
charter school participation; costs
340.075Â Â Â Â Applicability
of chapter to additional courses
340.080Â Â Â Â Limitation
on credit hours awarded to students; rules
340.083Â Â Â Â Waiver
of program requirements; duration
340.085Â Â Â Â Report
to legislative committees and joint boards
340.090Â Â Â Â Alternative
programs
     340.005
Definitions. 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 studentÂ’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
     (6)(a) “Eligible student” means a student
who is enrolled in an
     (A) Is 16 years of age or older at the
time of enrollment in a course under the Expanded Options Program;
     (B)(i) Is in grade 11 or 12 at the time of
enrollment in a course under the Expanded Options Program; or
     (ii) Is not in grade 11 or 12, because the
student has not completed the required number of credits, but who has been
allowed by the school district to participate 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 as established by ORS 329.451, the State
Board of Education and the school district board.
     (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.
     (8) “Scope” means depth and breadth of
course content as evidenced through a planned course statement including
content outline, applicable state content standards where appropriate, course
goals and student outcomes. [2005 c.674 §1; 2007 c.567 §1]
     340.010
Purposes. 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 communityÂ’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]
     340.015
Notification to students and parents or guardians; rules. (1) Prior to February 15 of each year, each
school district shall notify all high school students and the studentsÂ’ parents
or guardians of the Expanded Options Program for the following school year.
     (2) Notwithstanding subsection (1) of this
section, a school district, in the districtÂ’s enrollment materials, shall
notify a student and the studentÂ’s parent or guardian of the Expanded Options
Program if the student enrolls in a school of the district after the district
has issued the notice described in subsection (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-risk students and their parents are notified
about the Expanded Options Program.
     (4) A school district shall notify a high
school student who has officially expressed an intent to participate in the
Expanded Options Program pursuant to ORS 340.025 (1) or (2), and the studentÂ’s
parent or guardian, of the studentÂ’s eligibility status within 20 business days
after the student officially expressed the intent.
     (5) 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 studentÂ’s ability to complete the
required high school graduation requirements;
     (d) The consequences of failing or not
completing an eligible post-secondary course;
     (e) The requirement that participation in
the Expanded Options Program is contingent on acceptance by an eligible
post-secondary institution; and
     (f) School district timelines affecting
student eligibility and duplicate course determinations. [2005 c.674 §5; 2007
c.567 §2]
     340.020
High school students who have dropped out; identification; information. (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]
     340.025
Notification by student to school district; review of graduation requirements; educational
learning plan. (1) Prior to
May 15 of each year, a student who is interested in participating in the
Expanded Options Program shall notify the studentÂ’s resident school district of
the studentÂ’s intent to enroll in eligible post-secondary courses during the
following school year.
     (2) Notwithstanding subsection (1) of this
section, a high school transfer student or returning dropout described in ORS
340.015 (2) has 20 business days from the date of enrollment to indicate
interest.
     (3) The resident school district shall
review with the student and the studentÂ’s parent or guardian the studentÂ’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 studentÂ’s remaining graduation
requirements.
     (4)(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
studentÂ’s learning goals.
     (c) An advisory support team may include
the student, the studentÂ’s parent or guardian and a teacher or a counselor. [2005
c.674 §7; 2007 c.567 §3]
     340.030
Application; acceptance; appeal; duplicate courses; academic progress. (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 studentÂ’s resident school
district and the Department of Education within 20 business 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) Each school district shall
establish a process to determine duplicate course designations.
     (b) A school district shall notify an
eligible student and the studentÂ’s parent or guardian of any course the student
wishes to take that the district determines is a duplicate course, within 20
business days after the student has submitted a list of intended courses.
     (c)(A) A student may appeal a duplicate
course determination to the school district board based on evidence of the
scope of the course.
     (B) The school district board or the board’s
designee shall issue a decision on the appeal within 30 business days of
receipt of the appeal.
     (C) If the appeal is denied by the school
district board, the student may appeal the determination of the school district
to the Superintendent of Public Instruction or the superintendentÂ’s designee.
     (d) The Department of Education shall
create a process for students to appeal the decision of a school district under
paragraph (c) of this subsection.
     (e) The superintendent or the
superintendentÂ’s designee shall issue a decision on the appeal within 30 days
of receipt of the appeal. If the superintendent or the superintendentÂ’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; 2007 c.567 §4]
     340.035
Enrollment in eligible post-secondary courses. 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]
     340.037
Limitations on enrollment in post-secondary courses. (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. [2005 c.674 §8;
2007 c.567 §5]
     340.040
Credits for post-secondary courses; notification; appeal. (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 districtÂ’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 studentÂ’s education record. A student shall provide the school
district with a copy of the studentÂ’s grade in each eligible post-secondary
course taken for credit under the Expanded Options Program. The studentÂ’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]
     340.045
Calculation of
     (2) 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.
     (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 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 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 for the payment of the actual instructional costs associated
with the studentÂ’s 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]
     Note: The amendments to 340.045 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 on and after June 30,
2012, is set forth for the userÂ’s convenience.
     340.045. (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
studentÂ’s school district for purposes of calculation of the State School Fund
grant under ORS 327.006 to 327.133, 327.348 and 327.731.
     (2) 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.
     (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 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 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 for the payment of the actual instructional costs associated
with the studentÂ’s 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.
     340.050
Students not eligible for financial aid; reimbursement for educational
expenses. (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 348.500 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]
     340.055
Charging student for instructional costs prohibited. 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]
     340.060
Textbooks, fees, equipment and materials property of school district. 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]
     340.065
Transportation; costs. (1) A
resident school district may provide transportation services to eligible
students who attend eligible post-secondary institutions within any education
service district boundaries of which the school district is a component school
district.
     (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; 2007 c.567 §7]
     340.070
Special education and related services; contract. (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 studentÂ’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 studentÂ’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
studentÂ’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]
     340.073
Public charter school participation; costs. (1) A public charter school may elect to participate in the Expanded
Options Program by amending its charter under ORS 338.065.
     (2) Actual instructional costs associated
with participating eligible students shall be negotiated and paid directly to
the eligible post-secondary institution by the public charter school.
     (3) The participating public charter
school may not require funding from the sponsor of the school for payment of
Expanded Options Program costs that is in addition to funding that already has
been contractually established pursuant to ORS 338.155 (2)(b) or (3)(b) or
338.165 (3)(b). [2007 c.567 §9]
     340.075
Applicability of chapter to additional courses. 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 studentÂ’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]
     340.080
Limitation on credit hours awarded to students; rules. (1) For a high school with an enrollment of
1,000 students, each school year no more than 330 quarter credit hours may be
awarded to eligible students at the high school under the Expanded Options
Program.
     (2) The State Board of Education by rule
shall establish separate credit hour caps for high schools that have enrollment
greater than 1,000 students and those that have less than 1,000 students. The
caps shall be proportional to the credit hour caps established under subsection
(1) of this section.
     (3) A school district may choose to exceed
the credit hour caps established in subsections (1) and (2) of this section.
     (4) If a school district has not chosen to
exceed the credit hour caps and has more eligible students who wish to
participate in the Expanded Options Program than are allowed under the credit
hour cap established under this section, the school district board shall
establish a process for selecting eligible students to participate in the
program. A school district shall give priority for program participation to
at-risk students. [2005 c.674 §17]
     340.083
Waiver of program requirements; duration. (1) A school district may request a waiver from the Department of
Education of the requirements of this chapter. The department shall grant the
waiver if:
     (a) Compliance with the requirements of
this chapter would adversely impact the finances of the school district; 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.
     (2) The duration of a waiver granted based
on subsection (1)(a) of this section shall be no more than two school years.
     (3) The duration of a waiver granted under
subsection (1)(b) of this section shall be the length of the program that was
the basis for the waiver.
     (4) There is no limit on the number of
times a school district may apply for and be granted a waiver under this
section. [2007 c.567 §10]
     340.085
Report to legislative committees and joint boards. 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
superintendentÂ’s designee and the disposition of the studentsÂ’ 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]
     340.090
Alternative programs. (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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