(a) Common school districts and union high school districts; and

(b) Public charter schools that are not virtual public charter schools, as defined in ORS 338.005, and that have a student population of which:

(A) At least 35 percent of the student population is composed of students from the following student groups:

(i) Economically disadvantaged, as described in ORS 327.180 (2)(b)(A);

(ii) Racial or ethnic groups that have historically experienced academic disparities, as described in ORS 327.180 (2)(b)(B); or

(iii) Students with disabilities, as described in ORS 327.180 (2)(b)(C); and

(B) The percentage of the students from student groups identified under subparagraph (A) of this paragraph is greater than:

(i) The percentage of all students in the school district who are economically disadvantaged, if eligibility is determined based on the percentage of students who are economically disadvantaged;

(ii) The percentage of all students in the school district who are from racial or ethnic groups that have historically experienced academic disparities, if eligibility is determined based on the percentage of students who are from those racial or ethnic groups; or

(iii) The percentage of all students in the school district who are disabled, if eligibility is determined based on the percentage of students who are disabled.

(2)(a) Eligible applicants may apply for a grant from the Student Investment Account to receive a distribution under ORS 327.190.

(b) Notwithstanding ORS 338.155 (9), a public charter school that is not an eligible applicant may not apply for a grant under this section.

(3) Prior to preparing a grant application, an eligible applicant must:

(a) If the eligible applicant is a school district, determine whether the school district will allow public charter schools sponsored by the school district to participate in the grant application and the grant agreement.

(b) If the eligible applicant is a public charter school, determine whether the public charter school intends to apply for a grant and provide notice of that intent to the school district that is the sponsor of the public charter school and to the Department of Education.

(4)(a) If an eligible applicant is a school district and decides to include public charter schools in the grant application and grant agreement, the school district must provide all public charter schools sponsored by the school district the opportunity to participate in the grant application and grant agreement.

(b)(A) A public charter school is not required to participate in the grant application and grant agreement of a school district.

(B) If a public charter school does not participate in a grant application and grant agreement under this subsection:

(i) The ADMw of the public charter school may not be used in the calculation of the school district ADMw for grants distributed under ORS 327.195; and

(ii) The public charter school is not entitled to any grant moneys distributed under ORS 327.195.

(C) If a public charter school participates in a grant application and grant agreement under this subsection:

(i) The public charter school and school district shall enter into an agreement for the distribution of moneys or the provision of services, including any accountability measures required of the public charter school by the school district;

(ii) The ADMw of the public charter school shall be used in the calculation of the school district ADMw for grants distributed under ORS 327.195; and

(iii) The public charter school is entitled to any grant moneys or services provided for in the agreement entered into under this subparagraph.

(5)(a) For the purpose of preparing a grant application, an eligible applicant must determine:

(A) Which of the allowed uses identified in ORS 327.180 (3) the eligible applicant will fund with grant moneys; and

(B) Which of the eligible uses identified under subparagraph (A) of this paragraph the eligible applicant will designate to meeting student mental and behavioral health needs.

(b) An eligible applicant shall make the determinations required under paragraph (a) of this subsection by:

(A) Engaging in strategic planning; and

(B) Considering the recommendations of the Quality Education Commission established under ORS 327.500.

(6)(a) The strategic planning required under subsection (5) of this section must include:

(A) A completed needs assessment, as described in ORS 329.095;

(B) An analysis of the potential academic impact, both for the students of the eligible applicant and for student groups identified in ORS 327.180 (2)(b), from the allowed uses that would be funded by grant moneys; and

(C) The creation of budgets for the allowed uses that would be funded by grant moneys.

(b) The strategic planning required under subsection (5) of this section must take into consideration:

(A) Input from the community of the eligible applicant, including school employees, students from student groups identified in ORS 327.180 (2)(b) and parents of those students; and

(B) Data collected by the eligible applicant to enable the eligible applicant to make equity-based decisions.

(7) Based on the strategic planning described in subsection (6) of this section, the eligible applicant shall develop a four-year plan for the use of grant moneys. The plan must be updated every two years and must:

(a) Identify which allowed uses identified in ORS 327.180 (3) will be funded with grant moneys and which of those uses will be designated to meet student mental and behavioral health needs.

(b) Describe how the allowed uses identified under paragraph (a) of this subsection will be used to:

(A) Meet students’ mental and behavioral health needs;

(B) Increase academic achievement for students of the eligible applicant; and

(C) Reduce academic disparities for student groups identified in ORS 327.180 (2)(b) who are served by the eligible applicant, and identify which of those student groups will benefit from the allowed uses that are being funded with grant moneys.

(c) Include the budgets for the allowed uses to be funded with grant moneys.

(d) Be approved by the governing body of the eligible applicant at an open meeting, following:

(A) Provision of the plan at the main office of the eligible applicant and on the eligible applicant’s website;

(B) Oral presentation of the plan by an administrator of the eligible applicant to the governing body of the eligible applicant; and

(C) Opportunity for the public to comment on the plan at an open meeting.

(e) Be a part of the local district continuous improvement plan described in ORS 329.095, if the eligible applicant is a school district.

(8) To apply for a grant, an eligible applicant must submit an application every two years in a format and according to timelines prescribed by the Department of Education. The application must include:

(a) A completed needs assessment, as described in ORS 329.095;

(b) The plan developed under subsection (7) of this section; and

(c) Budget estimates for each of the allowed uses identified in the plan developed under subsection (7) of this section that will be funded by grant moneys. [2019 c.122 §10]

Note: Sections 7 and 11, chapter 122, Oregon Laws 2019, provide:

Sec. 7. Sections 8 to 19 of this 2019 Act [327.175 to 327.235] are added to and made a part of ORS chapter 327. [2019 c.122 §7]

Sec. 11. Notwithstanding section 10 of this 2019 Act [327.185], any plans submitted for a grant from the Student Investment Account to be used before the 2021-2023 biennium must be for a three-year plan and must be updated after the first year. [2019 c.122 §11]