OAR 581-015-2940: Corrections Education Program Funding Formula

(1) The Department of Education shall administer the Youth Corrections Education Program and the Juvenile Detention Education Program in a manner that provides youths in those programs with a quality education. (2)(a) The Superintendent of Public Instruction may contract with an education service district or a school district to provide teachers, counselors or other personnel for the youth Corrections Education Program and the Juvenile Detention Education Program. (b) When a contract is entered into with an education service district, the Youth Corrections Education Program and the Juvenile Detention Education Program are not considered a component district of the education service district and the youth enrolled in the program may not be counted when determining the number of pupils in average daily membership for the purpose of ORS 334.175(5). (3) When determining the amount to be paid under a contract entered into, the following shall be taken into consideration: (a) The number of youths to be provided educational services; (b) The characteristics of the facility where the educational services will be provided, including the number of classrooms required to provide educational services; (c) The diversity of the population of youths to be provided educational services, including the number and percentage of youths who are from historically underserved populations; (d) The number and percentage of youths to be provided educational services who qualify for special education and related services; and (e) The level of transition support provided to the youths. (4) The Juvenile Justice Education Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Juvenile Justice Education Fund shall be credited to the fund. Moneys in the Juvenile Justice Education Fund are continuously appropriated to the Department of Education for the distribution to the Youth Corrections Education Program and the Juvenile Detention Education Program, as those terns are defined in ORS 326.695, to provide educational services to youths in those programs under contracts entered into as provided by ORS 326.695. The Juvenile Education Fund shall consist of: (a) Moneys allocated from the State School Fund for students enrolled in the Youth Corrections Education Program and the Juvenile Detention Education Program in ORS 327.026; (b) Moneys made available for the Youth Corrections Education Program and Juvenile Detention Education Program from the Statewide Education Initiatives Account under ORS 327.254; (c) Money appropriated or otherwise transferred to the fund by the Legislative Assembly; and (d) Other amounts deposited into the Juvenile Justice Education Fund from any source. (e) Federal Funds will not be deposited into the Juvenile Justice Education Fund. (5) Under ORS 327.036, the Department of Education shall provide State School Funds to provide education programs in the Youth Corrections Education Program and the Juvenile Detention Education Program. (a) The Department of Education shall provide State School Funding to the Youth Corrections Education Program based on anticipated Average Daily Membership times 2.0 Average Daily Membership weighted for the school year. (b) The Department of Education shall provide State School Funding to the Juvenile Detention Education Program based on anticipated Average Daily Membership times 1.5 Average Daily Membership weighted for the school year. (6) The Department of Education shall determine the number of classrooms to be funded at each Youth Corrections Education Program and each Juvenile Detention Education Program using the methodology of a classroom for every 8 Average Daily Membership for Youth Corrections Education Program and Juvenile Detention Education Program. (7)(a) The target funding level of the Juvenile Justice Education Fund shall be calculated by multiplying: (A) The average funding level per classroom, as calculated based on all classrooms operated under the Youth Corrections Education Program and the Juvenile Detention Education Program: and (B) The total number of classrooms the Department of Education expects to be operated under the Youth Corrections Education Program and the Juvenile Detention Education Program for the following biennium. (b) For the purpose of determining the average funding level per classroom, the Department of Education shall: (A) Determine the average funding level per classroom for the previous biennium; and (B) Adjust the amount determined under subparagraph (A) of this paragraph based on the same percentage by which the amount appropriated to the State School Fund increased for the biennium in which the calculation is being made as compared with the amount appropriated for the previous biennium. (c) The Department of Education shall estimate the expected difference between the target funding level calculated and the amount anticipated to be made available to the Juvenile Justice Education Fund. If, after all funding available has been accounted for, the Department of Education determines that the amount required for the target funding level for the fund has not been met, the Department of Education may transfer from the Statewide Education Initiatives Account to fund any needed amounts. (d) If, at any time during the biennium, the amount available in the Juvenile Justice Education Fund and from other sources is not sufficient to pay for costs incurred in relation to the Youth Corrections Education Program or the Juvenile Detention Education Program, the Department of Education shall inform the Legislative Assembly or the Emergency Board of the lack of funding and shall provide and accounting of the amount needed to pay those costs. (e) Oregon State Funding may be transferred between the Youth Corrections Education and Juvenile Detention Education programs. (f) In each even year by August 31, the Department of Education will submit a report to the Governor and Legislature explaining the Target Funding Level. (8) A school district or education service district may appeal the amount received in the contract to provide educational services at a Youth Corrections Education Program and or a Juvenile Detention Education Program. (a) The appeal must be in writing using the Juvenile Corrections Education Funding Appeal Form provided by the Department of Education within 30 calendar days of notice of the estimated funding contract amount; (b) The appeal must include an accounting of the purpose and use of the additional funds and impacts of not receiving the requested funding; (c) All appeals will be reviewed at the close of the 30 calendar day appeals period and a written response will be issued within 45 calendar days from the closing date for appeals.