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Code · Oregon · ORS Chapter 338 · Funding

338.165 Special education students; payment for services

474 words·~2 min read·/or/ors-chapter-338/funding/338-165·

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338.165 Special education students; payment for services.
(1)Except as provided by ORS 336.680 for public charter schools that are approved recovery schools:
(a)The school district in which a public charter school is located shall identify, locate and evaluate students enrolled in the public charter school to determine which students may be in need of special education and related services.
(b)The school district in which a public charter school is located:
(A)Shall receive funding from the State School Fund as provided by this section for students who are eligible for special education and related services and who are enrolled in the public charter school; and
(B)Is eligible to receive high cost disabilities grants as provided by ORS 327.348 for students who are enrolled in the public charter school.
(c)Students who are eligible for special education and related services shall be considered students of the school district in which the public charter school is located for purposes of data collection and reporting.
(2)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 (1)(c)(A)(i). 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 General Purpose Grant per ADMw for the school district in which the public charter school is located, as calculated under ORS 327.013, for students who are enrolled in kindergarten through grade eight; and
(b)47.5 percent of the amount of the General Purpose Grant per ADMw for the school district in which the public charter school is located, as calculated under ORS 327.013, for students who are enrolled in grades 9 through 12.
(3)If the State Board of Education is the sponsor of a public charter school, the school district in which the public charter school is located, 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 to the State Board of Education.
(4)Notwithstanding subsection
(2)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
(2)of this section.
(5)Payments under this section must be made within 10 days after a school district receives payment from the State School Fund pursuant to ORS 327.095. [1999 c.200 §21; 2009 c.698 §19; 2011 c.443 §3; 2025 c.386 §5]
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