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 2137
 
                           A-Engrossed
 
                         House Bill 2822
                  Ordered by the House April 17
            Including House Amendments dated April 17
 
Sponsored by Representative T SMITH; Representatives BACKLUND,
  CLOSE, DOYLE, KNOPP, KRIEGER, MORRISETTE
 
 
                             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.
 
  Requires  { + certain + } statewide assessments that are part
of Oregon Educational Act for the 21st Century to be administered
after certain date.
  Declares emergency, effective July 1, 2001.
 
                        A BILL FOR AN ACT
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.
  (C) Science, to be implemented by the 1997-1998 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. + }
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