71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3429
Sponsored by Representative CARLSON; Representatives BARNHART,
MORRISETTE, Senator CASTILLO
CHAPTER ................
AN ACT
Relating to school safety; creating new provisions; amending ORS
329.704; appropriating money; and declaring an emergency.
Whereas every student should have access to a safe, secure and
orderly school that is conducive to learning; and
Whereas all schools and school districts must have plans,
policies and procedures for assisting students who are at risk of
academic failure or of engaging in disruptive and disorderly
behavior; and
Whereas state and local resources are needed to enlarge the
capacities for research, effective programming and program
evaluation that lead to success in addressing safety and
discipline within the schools; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) There is created the Center for School
Safety within the Department of Higher Education. The mission of
the center shall be to:
(a) Serve as the central point for data analysis;
(b) Conduct research;
(c) Disseminate information about successful school safety
programs, research results and new programs; and
(d) Provide technical assistance for improving the safety of
schools in collaboration with the Department of Education and
others.
(2) To fulfill its mission, the Center for School Safety shall:
(a) Establish a clearinghouse for information and materials
concerning school violence prevention and intervention services.
As used in this paragraph, 'intervention services' means any
preventive, developmental, corrective or supportive service or
treatment provided to a student who is at risk of school failure,
is at risk of participation in violent behavior or juvenile crime
or has been expelled from the school district. 'Intervention
services' may include, but is not limited to:
(A) Screening to identify students at risk for emotional
disabilities or antisocial behavior;
(B) Direct instruction in academic, social, problem-solving and
conflict resolution skills;
(C) Alternative education programs;
(D) Psychological services;
(E) Identification and assessment of abilities;
(F) Counseling services;
(G) Medical services;
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(H) Day treatment;
(I) Family services; and
(J) Work and community service programs.
(b) Provide program development and implementation expertise
and technical support to schools, law enforcement agencies and
communities. The expertise and support may include coordinating
training for administrators, teachers, students, parents and
other community representatives.
(c) Analyze the data collected in compliance with section 5 of
this 2001 Act.
(d) Research and evaluate school safety programs so schools and
communities are better able to address their specific needs.
(e) Promote interagency efforts to address discipline and
safety issues within communities throughout the state.
(f) Prepare and disseminate information regarding the best
practices in creating safe and effective schools.
(g) Advise the State Board of Education on rules and policies.
(h) Provide an annual report on the status of school safety in
Oregon by July 1 of each year to:
(A) The Governor;
(B) The Attorney General;
(C) The State Board of Education; and
(D) All relevant legislative committees.
(3) The University of Oregon Institute on Violence and
Destructive Behavior shall provide staff support to the Center
for School Safety board of directors and shall manage the center.
(4) The Center for School Safety board of directors may seek
and accept public and private funds for the center. + }
SECTION 2. { + (1) The Center for School Safety shall be
governed by a board of directors. The board of directors shall
consist of:
(a) The Superintendent of Public Instruction or a designee of
the superintendent;
(b) The Director of the Oregon Youth Authority or a designee of
the director;
(c) The Attorney General or a designee of the Attorney General;
(d) The Superintendent of State Police or a designee of the
superintendent;
(e) The Assistant Director for Mental Health and Developmental
Disability Services or a designee of the assistant director;
(f) The Director of the Dispute Resolution Commission or a
designee of the director;
(g) Nine members appointed by the Governor, as follows:
(A) One member representing the Oregon School Boards
Association;
(B) One member representing the Confederation of Oregon School
Administrators;
(C) One member representing the Oregon Education Association;
(D) One member representing the Oregon School Employees
Association;
(E) One member representing the Oregon State Sheriffs'
Association;
(F) One member representing the Oregon Association Chiefs of
Police;
(G) One member representing the Oregon District Attorneys
Association;
(H) One member representing the National Resource Center for
Safe Schools on the Northwest Regional Educational Laboratory;
and
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(I) One member representing the Oregon School Safety Officers
Association; and
(h) Other members that the board may appoint.
(2) When making appointments to the board of directors, the
Governor shall solicit recommendations from professional
organizations that represent school employees, school district
boards, school administrators and other education providers.
(3) The term of office of each board member appointed by the
Governor is two years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a board member,
the Governor shall appoint a successor. A board member is
eligible for reappointment but shall not serve for more than two
consecutive terms. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
(4) A member of the board of directors is entitled to
compensation and expenses as provided in ORS 292.495.
(5) The board of directors shall meet a minimum of four times
per year.
(6) The board of directors shall annually elect a chairperson
and vice chairperson from the membership. The board of directors
may form committees as needed. + }
SECTION 3. { + Notwithstanding the term of office specified by
section 2 of this 2001 Act, of the members first appointed to the
Center for School Safety board of directors by the Governor:
(1) Four shall serve for terms ending one year from the date of
appointment.
(2) Four shall serve for terms ending two years from the date
of appointment. + }
SECTION 4. { + Prior to November 1, 2002, the Department of
Education shall develop recommendations for the Center for School
Safety board of directors related to the feasibility of
establishing and maintaining a statewide data collection system
for school safety data including but not limited to:
(1) Incidents of violence and assault against school employees
and students on school property or at school functions;
(2) Incidents of possession of guns or other deadly weapons on
school property or at school functions;
(3) Incidents of possession or use of alcohol and inappropriate
use of prescription drugs or controlled substances on school
property or at school functions;
(4) The number of juveniles taken into custody on school
property or at school functions, the offenses and whether civil
damages were pursued by the injured party; and
(5) The number of expulsions. + }
SECTION 5. { + (1) Prior to November 1, 2003, the Center for
School Safety board of directors shall develop a plan identifying
processes and timelines for an assessment of public school safety
and student discipline and related procedures, including but not
limited to:
(a) Reports of school incidents relating to disruptive and
disorderly behavior;
(b) A school's rules regarding student behavior and discipline,
the clarity of those rules and whether there is appropriate
notice to students and parents;
(c) A school's hierarchy of responses to student discipline
problems and actual disciplinary outcomes;
(d) Training needs of instructional staff in the areas of
classroom management, student learning styles and other
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specialized subjects to enhance capacity of the staff to engage
students and minimize disruptive and disorderly behavior;
(e) The array of school services to students at risk of
academic failure, dropping out or truancy;
(f) The engagement of parents at the earliest stages of problem
behavior;
(g) Training needs of students in anger reduction, conflict
resolution, peer mediation and other skills;
(h) Training needs of parents;
(i) Existing policies of the 21st Century Schools Council
relating to student behavior and discipline and student
information;
(j) A school's physical environment;
(k) A school's student supervision plan;
(L) Existing components of the district or school improvement
plan that focus on school safety and at-risk students and the
effectiveness of the components; and
(m) Other data deemed relevant by the 21st Century Schools
Council or school administration.
(2) The plan developed under subsection (1) of this section
shall engage local community agencies, including law enforcement
agencies and the courts.
(3) As a result of district-wide assessment of data, resources,
policies, procedures and needs pursuant to the plan developed
under subsection (1) of this section, each school district board
shall adopt a plan prior to the 2004-2005 school year for
immediate and long-term strategies to address school safety and
student discipline. The development of the plan shall involve
representatives from schools in the district as well as
representatives from the community. The process of planning shall
be determined locally depending to a large extent on the size and
characteristics of the district. A school district board may
develop the plan through a safe school alliance formed under ORS
339.312.
(4) The district plan adopted under subsection (3) of this
section shall include the rules adopted by the district pursuant
to ORS 339.240 and a description of instructional placement
options for students displaying menacing or violent behavior. + }
SECTION 6. { + The Department of Education, in collaboration
with the Center for School Safety, shall:
(1) Develop recommendations and statewide guidelines designed
to improve the learning environment and student achievement and
to reduce the dropout rate in the state's public schools.
(2) Identify successful strategies that are used in Oregon and
other states to improve the learning environment and student
achievement and to reduce the dropout rate.
(3) Provide technical assistance to those school districts
requesting assistance in reducing the dropout rate. + }
SECTION 7. ORS 329.704 is amended to read:
329.704. (1) Nothing in this section shall interfere with the
duties, responsibilities and rights of duly elected school
district boards. There shall be established at each school a 21st
Century Schools Council. The duties of a 21st Century Schools
Council shall include but not be limited to:
(a) The development of plans to improve the professional growth
of the school's staff;
(b) The improvement of the school's instructional program;
(c) The development and coordination of plans for the
implementation of programs under this chapter at the school;
{ - and - }
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(d) The administration of grants-in-aid for the professional
development of teachers and classified district employees { + ;
and
(e) Advising the school district board in the development of a
plan for school safety and student discipline under section 5 of
this 2001 Act + }.
(2) A 21st Century Schools Council shall be composed of
teachers, parents, classified employees and principals or the
principal's designee, as follows:
(a) Not more than half of the members shall be teachers;
(b) Not more than half of the members shall be parents of
students attending that school;
(c) At least one member shall be a classified employee; and
(d) One member shall be the principal of the building or the
principal's designee.
(3) In addition, other members may be as the school district
shall designate, including but not limited to local school
committee members, business leaders, students and members of the
community at large.
(4) Members of a 21st Century Schools Council shall be selected
as follows:
(a) Teachers shall be licensed teachers elected by licensed
teachers at the school site;
(b) Classified employees shall be elected by classified
employees at the school site;
(c) Parents shall be selected by parents of students attending
the school; and
(d) Other representatives shall be selected by the council.
(5) If a school district board determines that a school site is
unable to fulfill the requirements of this section or if the
needs of a school site require a different composition, the
school district board shall establish the 21st Century Schools
Council in a manner that best meets the educational needs of the
district.
(6) All 21st Century Schools Council meetings shall be subject
to the open meetings law pursuant to ORS 192.610 to 192.690.
(7) A school district may establish a district site committee
to assist in the administration of grants or in the district-wide
coordination of programs.
SECTION 8. { + (1) The Department of Higher Education may seek
and accept contributions of funds and assistance from the United
States, its agencies or from any other source, public or private,
and agree to conditions thereon not inconsistent with sections 1
to 6 of this 2001 Act. All such funds are to aid in financing the
functions of the Center for School Safety and shall be deposited
in the Center for School Safety Account and shall be disbursed
for the purpose for which contributed.
(2) The Center for School Safety Account is established in the
General Fund of the State Treasury. Except for moneys otherwise
designated by statute, all federal funds or other moneys received
by the department for the center shall be paid into the State
Treasury and credited to the account. All moneys in the account
are appropriated continuously to the department and shall be used
by the department for the purposes of carrying out sections 1 to
6 of this 2001 Act. + }
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 July 1,
2001. + }
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Enrolled House Bill 3429 (HB 3429-A) Page 5
Passed by House May 17, 2001
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Chief Clerk of House
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Speaker of House
Passed by Senate June 13, 2001
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President of Senate
Enrolled House Bill 3429 (HB 3429-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 3429 (HB 3429-A) Page 7