71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 734
 
                           A-Engrossed
 
                         House Bill 2295
                   Ordered by the House May 8
             Including House Amendments dated May 8
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Office of the Governor)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Establishes Quality Education Commission.   { - Directs
commission to identify - }   { + Specifies + } quality goals for
kindergarten through grade 12. Directs commission to identify
best practices for meeting goals and amount of moneys sufficient
to implement those practices.
  Directs Legislative Assembly and Governor to issue   { - report
on quality goals - }   { + reports that demonstrate that amount
appropriated in Legislative Assembly's budget and Governor's
budget, respectively, is amount determined by commission to be
sufficient to meet quality goals. Requires specified information
to be included in report on any budget that does not include
amount necessary to meet quality goals + }.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to quality education; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. { +  The Legislative Assembly finds that:
  (1) Within the Oregon Educational Act for the 21st Century in
ORS chapter 329 there are established goals for high academic
excellence, the application of knowledge and skills to
demonstrate achievement and the development of lifelong learning
skills to prepare students for the ever-changing world.
  (2) Education is increasingly linked to economic and social
issues.
  (3) The people of Oregon, through section 8, Article VIII of
the Oregon Constitution, have established that the Legislative
Assembly shall appropriate in each biennium a sum of money
sufficient to ensure that the state's system of public education
meets the quality goals established by law. Furthermore, the
people of Oregon require that the Legislative Assembly publish a
report that either demonstrates that the appropriation is
sufficient or identifies the reasons for the insufficiency, its
extent and its impact on the ability of the state's system of
public education to meet those goals.
 
  (4) The Quality Education Commission should be established to
define the costs sufficient to meet the established quality goals
for kindergarten through grade 12 public education. + }
  SECTION 2.  { + (1) There is established a Quality Education
Commission consisting of 11 members appointed by the Governor. No
more than five of the members of the commission shall be persons
who are employed by a school district at the time of appointment.
  (2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on August 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the Governor shall make an appointment to become
immediately effective for the remainder of the unexpired term.
  (3) The appointment of members of the commission is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
  (4) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
  (5) The Department of Education shall provide staff to the
commission. + }
  SECTION 3.  { + Notwithstanding the term of office specified by
section 2 of this 2001 Act, of the members first appointed to the
Quality Education Commission:
  (1) Three shall serve for terms ending August 1, 2002.
  (2) Four shall serve for terms ending August 1, 2003.
  (3) Four shall serve for terms ending August 1, 2004. + }
  SECTION 4.  { + (1) The Governor shall select one of the
members of the Quality Education Commission as chairperson and
another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of those
offices as the Governor determines.
  (2) A majority of the members of the commission constitutes a
quorum for the transaction of business.
  (3) The commission shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the commission. + }
  SECTION 5.  { + (1) The quality goals for the state's system of
kindergarten through grade 12 public education include those
established under ORS 329.007, 329.015, 329.025, 329.035,
329.045, 329.065, 329.465, 329.475 and 329.487.
  (2) Each biennium the Quality Education Commission shall
determine the amount of moneys sufficient to ensure that the
state's system of kindergarten through grade 12 public education
meets the quality goals.
  (3) In determining the amount of moneys sufficient to meet the
quality goals, the commission shall identify best practices that
lead to high student performance and the costs of implementing
those best practices in the state's kindergarten through grade 12
public schools. Those best practices shall be based on research,
data, professional judgment and public values.
  (4) Prior to August 1 of each even-numbered year, the
commission shall issue a report to the Governor and the
Legislative Assembly that identifies:
  (a) Current practices in the state's system of kindergarten
through grade 12 public education, the costs of continuing those
practices and the expected student performance under those
practices; and
  (b) The best practices for meeting the quality goals, the costs
of implementing the best practices and the expected student
performance under the best practices.
  (5) In addition, the commission shall provide in the report
issued under subsection (4) of this section at least two
alternatives for meeting the quality goals. The alternatives may
use different approaches for meeting the quality goals or use a
 
phased implementation of best practices for meeting the quality
goals. + }
  SECTION 6.  { + (1) The Governor shall publish a report that:
  (a) Demonstrates that the amount within the Governor's budget
appropriated for the state's system of kindergarten through grade
12 public education is the amount of moneys as determined by the
Quality Education Commission that is sufficient to meet the
quality goals; or
  (b) Identifies the reasons that the amount appropriated for the
state's system of kindergarten through grade 12 public education
is not sufficient, the extent of the insufficiency and the impact
of the insufficiency on the ability of the state's system of
kindergarten through grade 12 public education to meet the
quality goals. In identifying the impact of the insufficiency,
the Governor shall include in the report how the amount
appropriated in the Governor's budget may affect both the current
practices and student performance identified by the commission
under section 5 (4)(a) of this 2001 Act and the best practices
and student performance identified by the commission under
section 5 (4)(b) of this 2001 Act.
  (2) The Governor shall identify in the report whether the
state's system of post-secondary public education has quality
goals established by law. If there are quality goals, the
Governor shall include in the report a determination that the
amount appropriated in the Governor's budget is sufficient to
meet those goals or an identification of the reasons the amount
appropriated is not sufficient, the extent of the insufficiency
and the impact of the insufficiency on the ability of the state's
system of post-secondary public education to meet the quality
goals.
  (3) The report shall be issued at the same time as the
Governor's budget report required under ORS 291.202.
  (4) The Governor shall provide public notice of the report's
issuance, including posting the report on the Internet and
providing a print version of the report upon request. + }
  SECTION 7.  { + (1) The President of the Senate and the Speaker
of the House of Representatives shall jointly appoint a special
legislative committee to issue a report pursuant to section 8,
Article VIII of the Oregon Constitution.
  (2) The Legislative Assembly in the report shall:
  (a) Demonstrate that the amount within the budget appropriated
for the state's system of kindergarten through grade 12 public
education is the amount of moneys as determined by the Quality
Education Commission that is sufficient to meet the quality
goals; or
  (b) Identify the reasons that the amount appropriated for the
state's system of kindergarten through grade 12 public education
is not sufficient, the extent of the insufficiency and the impact
of the insufficiency on the ability of the state's system of
kindergarten through grade 12 public education to meet the
quality goals. In identifying the impact of the insufficiency,
the Legislative Assembly shall include in the report how the
amount appropriated in the budget may affect both the current
practices and student performance identified by the commission
under section 5 (4)(a) of this 2001 Act and the best practices
and student performance identified by the commission under
section 5 (4)(b) of this 2001 Act.
  (3) The Legislative Assembly shall identify in the report
whether the state's system of post-secondary public education has
quality goals established by law. If there are quality goals, the
Legislative Assembly shall include in the report a determination
that the amount appropriated in the budget is sufficient to meet
those goals or an identification of the reasons the amount
appropriated is not sufficient, the extent of the insufficiency
and the impact of the insufficiency on the ability of the state's
 
system of post-secondary public education to meet the quality
goals.
  (4) The report shall be issued within 90 days after the regular
session of the Legislative Assembly adjourns sine die.
  (5) The Legislative Assembly shall provide public notice of the
report's issuance, including posting the report on the Internet
and providing a print version of the report upon request. + }
  SECTION 8.  { + Notwithstanding sections 6 and 7 of this 2001
Act, the Legislative Assembly and the Governor shall publish a
report on the appropriation for the state's system of public
education for the 2001-2003 biennium that addresses the
kindergarten through grade 12 quality goals created by the
Quality Education Commission established by the Governor in
Executive Order 99-16. + }
  SECTION 9.  { + 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 on its
passage. + }
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