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 2039
Senate Bill 592
Sponsored by Senator STARR
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 as
introduced.
Requires Department of Education to adopt and administer
norm-referenced academic achievement testing in Oregon public
schools. Makes implementation by school district of Certificate
of Initial Mastery, Certificate of Advanced Mastery and state
assessment system optional.
A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
329.035, 329.065, 329.075, 329.115, 329.447, 329.465, 329.475,
329.485, 329.830, 329.855, 329.860, 329.945, 336.637 and
338.115 and section 6, chapter 1029, Oregon Laws 1999; and
repealing ORS 329.445 and section 27, chapter 660, Oregon Laws
1995.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 5 of this 2001 Act are added to
and made a part of ORS chapter 329. + }
SECTION 2. { + (1) In addition to the assessment system
implemented under ORS 329.485, the Department of Education shall
adopt and administer nationally recognized norm-referenced
academic achievement testing. The tests shall be administered to
all students in grades 1 through 12. However, the following
categories of students are exempt from testing:
(a) Students with specific disabilities who are enrolled in
special education programs, as determined by the State Board of
Education;
(b) Non-English speaking students in the first year of
enrollment in a public school; and
(c) Private school students and students taught by a parent,
legal guardian or private teacher pursuant to ORS 339.030, unless
a parent or guardian elects to have a student tested. Students
tested pursuant to this paragraph shall be administered tests in
the school district of residence. Students shall not be charged a
fee.
(2) Students shall be tested annually for basic knowledge in
mathematics, English, science, history, geography, economics and
civics in a manner appropriate to each grade level.
(3) Testing shall be conducted between May 1 and May 15 of each
year. Testing results shall be available no later than June 30 of
each year. + }
SECTION 3. { + The Superintendent of Public Instruction shall
include in the school and school district performance reports
produced under ORS 329.105 academic achievement testing results.
These results shall be calculated in average percentile rankings
and shall be calculated for the state and each grade, school,
school district and county. Results reported pursuant to this
section shall also include information concerning the following:
(1) Oregon academic achievement testing norms from the previous
year;
(2) A comparative analysis of state and national academic
achievement testing results;
(3) A report of the numbers and categories of students not
tested;
(4) The results from private school students, which shall be
published by individual school and grouped by county and state;
(5) The results from students taught by a parent, legal
guardian or private teacher, which shall be published by county
and state;
(6) Data concerning academic environments, demographics and
appropriate characteristics of successful classrooms, schools and
school districts; and
(7) Any other appropriate statistical analysis. + }
SECTION 4. { + Each school district shall:
(1) Provide, upon request, the results of a student's academic
achievement testing to the parent of the student.
(2) Provide the results of a student's academic achievement
testing to the teacher of the student.
(3) Maintain the confidentiality of a student's academic
achievement testing results.
(4) Provide, upon request, the academic achievement testing
results of each class, grade and school within the school
district, to a district resident. + }
SECTION 5. { + The Superintendent of Public Instruction shall
report biennially to the Legislative Assembly on academic
achievement testing administered under sections 2 to 4 of this
2001 Act. The report shall include an analysis of academic
achievement testing in this state and may report any other
information related to testing. + }
SECTION 6. ORS 329.035 is amended to read:
329.035. The Legislative Assembly declares that:
(1) The State of Oregon believes that all students can learn
and should be held to rigorous academic content standards and
expected to succeed.
(2) Access to a quality education must be provided for all of
Oregon's youth regardless of linguistic background, culture,
race, gender, capability or geographic location.
(3) A restructured educational system is necessary to achieve
the state's goals of the best educated citizens in the nation and
the world.
(4) The specific objectives of this chapter and ORS 329.905 to
329.975 are:
(a) To achieve the highest standards of academic content and
performance;
{ - (b) In addition to a diploma, to establish the
Certificates of Initial Mastery and Advanced Mastery as evidence
of new high academic standards of performance for all
students; - }
{ - (c) - } { + (b) + } To establish alternative learning
environments and services for students who experience
difficulties in achieving state or local academic standards;
{ - (d) - } { + (c) + } To establish early childhood
programs and academic professional technical programs as part of
a comprehensive educational system; and
{ - (e) - } { + (d) + } To establish partnerships among
business, labor and the educational community in the development
of standards for academic professional technical indorsements and
provide work-related learning experiences necessary to achieve
those standards.
SECTION 7. ORS 329.065 is amended to read:
329.065. Nothing in this chapter is intended to be mandated
without adequate funding support. Therefore, those features of
this chapter which require significant additional funds shall not
be implemented { - statewide - } until funding is available.
SECTION 8. ORS 329.075 is amended to read:
329.075. (1) The State Board of Education shall adopt rules, in
accordance with ORS 183.025 and 183.310 to 183.550, as necessary
for the { - statewide - } implementation of this chapter. The
rules shall be prepared in consultation with appropriate
representatives from the educational and business and labor
communities.
(2) The Department of Education shall be responsible for
coordinating research, planning and public discussion so that
activities necessary to the implementation of this chapter can be
achieved. Actions by the department to fulfill this
responsibility and to increase student achievement may include,
but are not limited to:
(a) Updating Common Curriculum Goals to meet rigorous academic
standards;
(b) Developing criterion-referenced assessments including
performance-based, content-based and other assessment mechanisms
to test knowledge and skills;
(c) Establishing criteria for Certificates of Initial Mastery
and Advanced Mastery, and for benchmarks at grades 3, 5, 8 and
10;
(d) Establishing criteria for early childhood improvement
programs;
(e) Amending the application process for school improvement
grants;
(f) Researching and developing public school choice plans;
(g) Working with the Education and Workforce Policy Advisor and
the Department of Community Colleges and Workforce Development to
develop no fewer than six broad career indorsement areas of
study; and
(h) Establishing criteria for learning options that may include
alternative learning centers.
(3) The State Board of Education shall create, by rule, a
process for school districts to initiate and propose pilot
programs. The rules shall include a process for waivers of rules
and regulations and a process for approval of the proposed pilot
programs.
(4) The Department of Education shall make school districts and
the public aware of public school choice options available within
our current public education framework.
(5) The Department of Education shall:
(a) Evaluate pilot programs developed pursuant to ORS 329.690
using external evaluators to provide data that specify the
educational effectiveness, implementation requirements and costs
of the programs and to describe what training, funding and
related factors are required to replicate pilot programs that are
shown to be effective;
(b) Present to the State Board of Education and the appropriate
legislative committee an annual evaluation of all pilot programs;
and
(c) Include funding for the implementation and evaluation of
pilot programs in the Department of Education budget.
(6) As used in this section:
(a) 'Criterion-referenced assessment' means testing of the
knowledge or ability of a student with respect to some standard.
(b) 'Content-based assessment' means testing of the
understanding of a student of a predetermined body of knowledge.
(c) 'Performance-based assessment' means testing of the ability
of a student to use knowledge and skills to create a complex or
multifaceted product or complete a complex task.
SECTION 9. ORS 329.115 is amended to read:
329.115. (1) Prior to September 30 of each year, the
Superintendent of Public Instruction shall issue an Oregon Report
Card on the state of the public schools and progress toward
achieving the goals contained in ORS 329.025 and 329.035.
(2) The purpose of the Oregon Report Card is to monitor trends
among school districts and Oregon's progress toward achieving the
goals stated in this chapter. The report on the state of the
public schools shall be designed to:
(a) Allow educators and local citizens to determine and share
successful and unsuccessful school programs;
(b) Allow educators to sustain support for reforms demonstrated
to be successful;
(c) Recognize schools for their progress and achievements; and
(d) Facilitate the use of educational resources and innovations
in the most effective manner.
(3) The report shall contain, but need not be limited to:
(a) Demographic information on public school children in this
state.
(b) Information pertaining to student achievement, including
{ - statewide - } assessment data, graduation rates and
dropout rates, including progress toward achieving the education
benchmarks established by the Oregon Progress Board, with
arrangements by minority groupings where applicable.
(c) Information pertaining to special program offerings.
(d) Information pertaining to the characteristics of the school
and school staff, including assignment of teachers, experience of
staff and the proportion of minorities and women represented on
the teaching and administrative staff.
(e) Budget information, including source and disposition of
school district operating funds and salary data.
(f) Examples of exemplary programs, proven practices, programs
designed to reduce costs or other innovations in education being
developed by school districts in this state that show improved
student learning.
(g) Such other information as the superintendent obtains under
ORS 329.105.
(4) In the second and subsequent years that the report is
issued, the report shall include a comparison between the current
and previous data and an analysis of trends in public education.
SECTION 10. ORS 329.447 is amended to read:
329.447. School districts shall { - continue to - } issue
diplomas to students as evidence that students have completed
their public school education. At or before grade 12, a diploma
shall be conferred upon all students completing the requirements
established by the State Board of Education and the school
districts. In addition to the diploma, { + a school district may
make + } the following { - shall be - } available:
(1) A certificate, to be conferred upon students who with
additional services and accommodations do not meet the
Certificate of Initial Mastery standards.
(2) Certificate of Initial Mastery, to be conferred upon
{ - all - } students meeting state and local standards and
requirements
{ - required - } for the Certificate of Initial Mastery
pursuant to ORS 329.465.
(3) Certificate of Advanced Mastery, to be conferred upon
{ - all - } students meeting state and local standards and
requirements for the Certificate of Advanced Mastery in one of
the areas pursuant to ORS 329.475.
(4) Career indorsements, which are focus areas that identify a
high quality career related course of study { - which - }
{ + that + } informs students about future choices and
simultaneously prepares them for further education, lifelong
learning and employment.
SECTION 11. ORS 329.465 is amended to read:
329.465. (1) { - By the end of the 1995-1996 school year, - }
{ + A school district may implement the Certificate of Initial
Mastery.
(2) + } The State Board of Education shall revise and adopt
standards and requirements for the Certificate of Initial Mastery
and design a plan that enables school districts { + that
implement the Certificate of Initial Mastery + } to phase in
academic standards so that students have opportunities to obtain
a Certificate of Initial Mastery { - by no later than the
1998-1999 school year, - } in the manner designated in the state
board's plan.
{ - (2) - } { + (3) + } The State Board of Education shall
prescribe the standards, pursuant to ORS 329.025 and 329.035,
that a student must meet in order to obtain a Certificate of
Initial Mastery. The Certificate of Initial Mastery shall be
based on a series of performance-based assessments and content
assessments benchmarked to mastery levels at approximately grades
3, 5, 8 and 10. The assessment methods shall include work samples
and tests and may include portfolios. The state board shall
establish a certificate for students who, with additional
services and accommodations, do not meet the Certificate of
Initial Mastery standards. { + A school district may allow + }
students { - shall be allowed - } to collect credentials over
a period of years, culminating in a project or exhibition that
demonstrates attainment of the required knowledge and skills that
have been measured by a variety of valid assessment methods.
{ - (3) - } { + (4) + } Requirements for the Certificate of
Initial Mastery shall:
(a) Ensure that students have the necessary knowledge and
demonstrate the skills to read, write, problem solve, reason and
communicate;
(b) Ensure that students have the opportunity to demonstrate
the ability to learn, think, retrieve information and use
technology;
(c) Ensure that students have the opportunity to demonstrate
that they can work effectively as individuals and as an
individual in group settings; and
(d) Ensure that student assessment is based on academic content
standards in mathematics, science, history, geography, economics,
civics, English, second languages, the arts and physical
education.
{ - (4) - } { + (5) + } { - Prior to July 1, 1997, - }
{ + If a school district plans to implement the Certificate of
Initial Mastery, the + } school
{ - districts - } { + district + } shall submit plans to the
Department of Education setting forth the steps the district will
take to ensure that its programs meet the requirements necessary
for students to obtain a Certificate of Initial Mastery. Each
district's plan shall demonstrate how alternative learning
program options will be available for students working toward a
Certificate of Initial Mastery and a diploma.
{ - (5) - } { + (6) + } The provisions of this section may
be applied individually as appropriate to students enrolled in
special education programs under ORS chapter 343.
{ - (6) - } { + (7) + } The Department of Education shall
develop procedures to accommodate out-of-state students, students
taught by a parent, legal guardian or private teacher as
described in ORS 339.030, private school students transferring
into public schools and migrant children from other states and
countries.
{ - (7) - } { + (8) + } Nothing in this section is intended
to apply the Certificates of Mastery programs or standards to
private school students or students taught by a parent, legal
guardian or private teacher as described in ORS 339.030.
SECTION 12. Section 6, chapter 1029, Oregon Laws 1999, is
amended to read:
{ + Sec. 6. + } Pursuant to ORS 329.465 { - (3)(d) - }
{ + (4)(d) + }, as part of the implementation of the Certificate
of Initial Mastery, the State Board of Education shall develop
academic content standards in physical education to be
implemented by the 2001-2002 school year.
SECTION 13. ORS 329.475 is amended to read:
329.475. (1) { - After - } The State Board of Education
{ - adopts - } { + shall adopt + } standards and rules for the
Certificate of Advanced Mastery { + . + } { - , each - }
{ + A + } school district { - shall - } { + may + }
institute programs that allow students to qualify for a
Certificate of Advanced Mastery with indorsements that prepare
students for post-secondary academic pursuits and professional
technical careers.
(2) School districts may implement the programs in a public
education institution such as a public school, education service
district, community college, public professional technical school
or institution of higher education, or any combination thereof,
that enrolls the student and meets the requirements of the State
Board of Education.
(3) The programs must provide a combination of work-related
learning experiences and study in accordance with ORS 329.855.
The
{ - program - } { + programs + } shall include a
comprehensive educational component that meets rigorous academic
standards.
(4) { + If a school district implements the Certificate of
Advanced Mastery, then + } all courses necessary for a
Certificate of Advanced Mastery shall be available to all
students.
(5) The State Board of Education shall adopt a framework for
the Certificate of Advanced Mastery programs and timelines for
implementation of the programs { - for the - } { + that + }
school districts
{ - to - } { + may + } follow as resources become available
to the school districts. The Department of Education may provide
technical assistance to assist school districts in the
implementation of the Certificate of Advanced Mastery programs.
(6) In establishing the requirements for Certificates of
Advanced Mastery with indorsements, the State Board of Education
shall adopt rules that facilitate movement among the indorsements
and shall encourage public school choice and mobility so as to
enhance a student's opportunities for a full range of educational
experiences.
(7) The public education institution shall be reimbursed for
the student's tuition by the { + school + } district in which
the student resides pursuant to ORS 339.115 and rules of the
State Board of Education, in an amount not to exceed the
student's tuition or the amount the district receives for the
student from state funds, whichever is less. A { - school - }
district shall not receive state funds for the student in an
amount that exceeds the student's tuition. Any adult who wishes
to pursue an indorsement, or any student having earned the
Certificate of Advanced Mastery or a diploma or who has attained
19 years of age and who wishes to continue a program, may do so
by paying tuition. As used in this section, 'public education
institution' does not include a public school to which a student
has transferred under ORS 329.485.
(8) Programs developed under this section shall meet the
highest academic standards possible and provide students with
opportunities for a broad range of quality work-related learning
experiences.
(9) A high school diploma issued by a private or out-of-state
secondary school as signifying successful completion of grade 12
shall be considered equivalent to a high school diploma issued by
an Oregon public school.
SECTION 14. 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) { + (a) School districts may implement the assessment
system described in subsection (1) of this section. + }
{ - Prior to full statewide implementation of the assessment
system pursuant to subsection (1) of this section, - }
{ + (b) + } The State Board of Education by rule shall
establish criteria { + that a school district may use + } 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) { + (a) If a school district implements the Certificate of
Initial Mastery, + } { - each year - } the { - resident - }
district shall { - be accountable for determining the - } { +
determine annually each + } 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 - } { + each + } student and { + the student's + }
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 - } { + each + } student and { + the student's + }
parents to know how well the student is achieving course
requirements.
{ - (4) - } { + (b) + } 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) - } { + (c) + } If { - the - } { + a + }
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) - } { + (A) + } An amount equal to the
{ + resident + } district expenses from its local revenues for
each student in average daily membership, payable by the resident
district in the same year; and
{ - (b) - } { + (B) + } Any state and federal funds the
attending district is entitled to receive payable as provided in
ORS 339.133 (2).
SECTION 15. ORS 329.830 is amended to read:
329.830. (1) The State Board of Education shall establish a
system of determining successful schools and dispensing
appropriate incentive rewards to those schools. The system shall
be based on a school being the measurement unit to determine
success. School success shall be determined by measuring a
school's improvement over a specific assessment period. The
successful schools program shall be voluntary.
(2) A school may submit an application to the Department of
Education for the successful schools program. The application
shall include a short statement from the school requesting
consideration for the successful schools program. The application
shall also include a copy of the school improvement plan
implemented pursuant to ORS 329.095.
(3) A school may not amend its application after the
application is submitted without approval by the state board. A
school that has submitted an application may not submit a new
application until the assessment period has ended, unless the
school withdraws the previous application.
(4) The department shall distribute incentive rewards to
schools that are determined to be successful schools. The board
shall establish criteria for determining successful schools. The
criteria shall include, but not be limited to:
(a) The results from the { - statewide assessment system
developed - } { + academic achievement test administered + }
pursuant to { - ORS 329.485 - } { + section 2 of this 2001
Act + };
(b) The achievement of measurable academic goals from school
improvement plans; and
(c) Other criteria relating to improvement in student learning.
(5) The department shall base the amount of the reward to each
successful school on the number of teachers employed by the
school. The minimum reward for each full-time teacher shall be
$1,000. Part-time teachers shall receive a percentage of the
reward based on the amount of time the part-time teacher worked.
Teachers hired during the assessment period shall receive a
percentage of the reward based on the length of time the teacher
worked at the school during the assessment period.
(6) Each teacher shall individually decide how to use the
reward. A reward shall be used by a teacher for classroom
enhancements or professional development. As used in this
subsection, 'classroom enhancements' means items and activities
that will improve student learning, including, but not limited
to, books, instructional materials, multimedia equipment and
software, supplies and field trips.
(7) The State Board of Education shall adopt any rules
necessary to implement the successful schools program.
SECTION 16. ORS 329.855 is amended to read:
329.855. (1) The Department of Education, the Department of
Community Colleges and Workforce Development and the State System
of Higher Education in consultation with the Education and
Workforce Policy Advisor shall develop comprehensive education
and training programs in accordance with ORS 329.475 for two-year
to six-year academic professional technical indorsements,
associate degrees and baccalaureate degrees.
(2) There may be established a process for industrial
certification and a sequence of advanced certification that could
be obtained throughout a person's career.
(3) Work groups, including teachers, community members and
representatives of business and labor, may be appointed to offer
specialized information concerning knowledge and skill
requirements for occupations.
(4) No fewer than six broad career categories shall be
identified, with additional categories added in future years. The
education and training curriculum and achievement standards for
each occupation and trade selected for students to achieve
indorsements, associate degrees or baccalaureate degrees in the
occupational categories selected shall be developed and available
for school districts, community colleges and other training
sites.
(5) In addition to academic content, the curriculum developed
for indorsements, associate degrees and baccalaureate degrees
shall ensure that every student has the option of a high quality
career related course of study that provides the student with
experience in and understanding of future career choices. Career
related studies shall include a structured series of real or
simulated activities that in combination with rigorous academic
studies shall simultaneously prepare students for further
education, lifelong learning and employment. These activities
shall include but not be limited to:
(a) Job shadowing;
(b) Workplace mentoring;
(c) Workplace simulations;
(d) School based enterprises;
(e) Structured work experiences;
(f) Cooperative work and study programs;
(g) On-the-job training;
(h) Apprenticeship programs; or
(i) Other school-to-work opportunities.
(6) In considering where a student can most effectively and
economically obtain the knowledge and skills required for the
indorsement or post-secondary study, the Education and Workforce
Policy Advisor may recommend integrating 2 + 2 Programs, the Job
Training Partnership Act program, apprenticeship programs and any
other state or federal job training program.
{ - (7) Until full statewide implementation, school districts
are encouraged to use Certificate of Advanced Mastery programs
that are currently being developed, but modified, if necessary,
to best fit their students' and community's needs. - }
SECTION 17. ORS 329.860 is amended to read:
329.860. (1) The Department of Education in consultation with
the Department of Community Colleges and Workforce Development
and the Education and Workforce Policy Advisor shall develop
models for school districts of alternative learning options that
may include Learning Centers designed to assist students who have
left school in obtaining { + a diploma or + } the Certificate of
Initial Mastery through the use of teaching strategies,
technology and curricula that emphasize the latest research and
best practice.
(2) The Learning Centers may also provide for the integration
of existing local and community programs that provide any part of
the services needed to assist individuals in obtaining { + a
diploma or + } the Certificate of Initial Mastery.
(3) The centers may promote means of identifying, coordinating
and integrating existing resources and may include:
(a) Child care services during school hours;
(b) After-school child care;
(c) Parental training;
(d) Parent and child education;
(e) English as a second language or bilingual services for
limited proficiency students;
(f) Health services or referral to health services;
(g) Housing assistance;
(h) Employment counseling, training and placement;
(i) Summer and part-time job development;
(j) Drug and alcohol abuse counseling; and
(k) Family crisis and mental health counseling.
(4) Education service districts, school districts or schools,
or any combination thereof, may contact any eligible elementary
or secondary school student and the student's family if the
student has ceased to attend school to encourage the student's
enrollment in an education program that may include alternative
learning options. If the student or the family cannot be located,
the name and last-known address shall be reported to the school
nearest the address. The school shall attempt to determine if
that student or family is being provided services by this state
and shall seek to assist the student or family in any appropriate
manner.
SECTION 18. ORS 329.945 is amended to read:
329.945. (1) Pursuant to rules adopted by the State Board of
Education, the Department of Community Colleges and Workforce
Development and the Division of Professional Technical Education
may jointly make grants to community college districts and school
districts for the purposes of:
(a) Supporting proposals from school districts and others to
provide alternative learning centers or teaching methods to
students of high school age who are at risk of not achieving a
{ + diploma, + } Certificate of Initial Mastery or Certificate
of Advanced Mastery;
(b) Providing incentives to create skill training centers to
insure high academic standards and workforce excellence; and
(c) Continuing and enhancing the programs and services provided
by existing skill training centers.
(2) Skill training centers shall provide:
(a) Intensive instruction and support for youth to achieve high
academic standards;
(b) Training and support services to prepare unemployed,
underemployed and dislocated workers and homemakers for
participation in a competitive society;
(c) Upgrading of the skills of retired workers and older adults
and placement in businesses experiencing labor shortages; and
(d) Coordination and consolidation of existing community
programs and services to better serve clients through well
managed and jointly operated programs.
(3) Skill training centers shall provide intensive instruction
and support for youth and adults in order to prepare them for
participation in a competitive workforce. Centers must respond to
clear and significant community workforce needs that are not
adequately addressed through existing programs and provide
support services that enable at-risk youth and adults to succeed.
Grants for skill training centers made under this section must be
matched in substantial part with other funds available to the
local community college district and the public schools. The
offices shall seek additional support from Job Training
Partnership Act organizations, Family Support Act organizations
and other workforce training providers. Grants must be
distributed on a reasonable geographic basis.
SECTION 19. ORS 336.637 is amended to read:
336.637. (1) A private alternative program shall ensure that
students receive instruction in the educational standards adopted
by the State Board of Education for the grade level the program
serves.
(2) Students enrolled in a private alternative program shall
take the { - statewide assessment developed - } { + academic
achievement test administered + } by the Department of Education
under { - ORS 329.485 - } { + section 2 of this 2001 Act and
may take the assessment developed by the department under ORS
329.485 + }. A private alternative program shall be accountable
for determining the progress of its students toward achieving
academic content standards as defined in ORS 329.007 at grades 3,
5, 8 and 10. The private alternative program shall annually
report the results of the assessment to students, parents and the
school district.
SECTION 20. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools shall not apply
to public charter schools. However, the following laws shall
apply to public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.539, 326.603, 326.607 and 342.232 (criminal records
checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.150 and 659.155 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The { - statewide assessment system developed - } { +
academic achievement test administered + } by the Department of
Education under
{ - ORS 329.485 (1) - } { + section 2 of this 2001 Act + };
(m) ORS 329.045 (1) (academic content areas);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year; and
(o) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' shall
include public charter school as those terms are used in that
statute or rule.
(4) A public charter school shall not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacity and employees of a sponsor
acting in their official capacity are immune from civil liability
with respect to all activities related to a public charter school
within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced Mastery
to any public charter school student who meets the district's and
state's standards for a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery.
(12) A high school diploma, certificate, Certificate of Initial
Mastery or Certificate of Advanced Mastery issued by a public
charter school shall grant to the holder the same rights and
privileges as a high school diploma, certificate, Certificate of
Initial Mastery or Certificate of Advanced Mastery issued by a
nonchartered public school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
SECTION 21. { + ORS 329.445 and section 27, chapter 660,
Oregon Laws 1995, are repealed. + }
SECTION 22. { + Sections 1 to 5 of this 2001 Act, the
amendments to ORS 329.035, 329.065, 329.075, 329.115, 329.447,
329.465, 329.475, 329.485, 329.830, 329.855, 329.860, 329.945,
336.637 and 338.115 and section 6, chapter 1029, Oregon Laws
1999, by sections 6 to 19 of this 2001 Act and the repeal of ORS
329.445 and section 27, chapter 660, Oregon Laws 1995, by section
20 of this 2001 Act first apply to the 2002-2003 school year. + }
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