Chapter 269 Oregon Laws 2001

AN ACT

HB 2822

Relating to statewide assessment system; creating new provisions; amending ORS 329.485; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 329.485 is amended to read:

329.485. (1)(a) The Department of Education shall implement statewide a valid and reliable assessment system for all students that meets technical adequacy standards. The assessment system, to be completed by the year 2000, shall include criterion-referenced assessments including performance-based assessments, content-based assessments, as those terms are defined in ORS 329.075, and other valid methods to measure the academic content standards and to identify students who meet or exceed the standards for each mastery level leading to the Certificate of Initial Mastery and the Certificate of Advanced Mastery. However, until this plan is operational, assessment shall continue at grades 3, 5, 8 and 10.

(b) The Department of Education shall develop the statewide assessment system in:

(A) Mathematics, to be implemented by the 1995-1996 school year.

(B) English, to be implemented by the 1996-1997 school year.

(D) History, geography, economics and civics, to be implemented by the 1998-1999 school year.

(2) Prior to full statewide implementation of the assessment system pursuant to subsection (1) of this section, the State Board of Education by rule shall establish criteria for determining whether students have demonstrated the knowledge and skills necessary to perform successfully at each level in the manner described in ORS 329.465, 329.475 and 329.855.

(3) An assessment shall be administered to students on or after March 1 of a school year if the assessment is:

(a)(A) A mathematics assessment that tests problem solving skills; or

(B) An English assessment that tests writing skills; and

(b) Administered as part of the statewide assessment in grades 3, 5 or 8.

(4) The State Board of Education shall establish by rule a process for granting a waiver to a school district of the testing dates established by the Department of Education for the statewide assessment. The rules adopted by the board shall include the criteria for a waiver.

[(3)] (5) Each year the resident district shall be accountable for determining the student’s progress toward achieving the standards at grades 3, 5, 8 and 10. Progress toward the standards shall be measured in a manner that clearly enables the student and parents to know whether the student is making progress toward meeting or exceeding the standards at grades 3, 5, 8 and 10. In addition, the district shall adopt a grading system based on the local school district board adopted course content of the district’s curriculum. The grading system shall clearly enable the student and parents to know how well the student is achieving course requirements.

[(4)] (6) If a student has not met or has exceeded all of the standards at grades 3, 5, 8 and 10, the school district shall make additional services or alternative educational or public school options available to the student.

[(5)] (7) If the student to whom additional services or alternative educational options have been made available does not meet or exceed the standards within one year, the school district, with the consent of the parents, shall make an appropriate placement, which may include an alternative education program or the transfer of the student to another public school in the district or to a public school in another district that agrees to accept the student. The district that receives the student shall be entitled to payment. The payment shall consist of:

(a) An amount equal to the district expenses from its local revenues for each student in average daily membership, payable by the resident district in the same year; and

(b) Any state and federal funds the attending district is entitled to receive payable as provided in ORS 339.133 (2).

SECTION 2. The amendments to ORS 329.485 by section 1 of this 2001 Act shall first apply to statewide assessments administered to students during the 2001-2002 school year.

SECTION 3. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date July 1, 2001

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