72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1612
 
                         House Bill 2430
 
Sponsored by Representative T SMITH
 
 
                             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.
 
  Abolishes Certificate of Initial Mastery and Certificate of
Advanced Mastery.
  Declares emergency, effective July 1, 2003.
 
                        A BILL FOR AN ACT
Relating to Oregon Educational Act for the 21st Century; creating
  new provisions; amending ORS 327.506, 329.035, 329.045,
  329.075, 329.105, 329.447, 329.485, 329.487, 329.860, 338.115,
  341.009, 348.183 and 348.186; repealing ORS 329.445, 329.465,
  329.467, 329.475, 329.855 and 329.885 and section 27, chapter
  660, Oregon Laws 1995, and sections 6 and 7, chapter 1029,
  Oregon Laws 1999; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 327.506 is amended to read:
  327.506. (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 2. 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 3. ORS 329.045 is amended to read:
  329.045. (1) In order to achieve the goals contained in ORS
329.025 and 329.035, the State Board of Education shall regularly
and periodically review and revise its Common Curriculum Goals.
This includes Essential Learning Skills and rigorous academic
content standards in mathematics, science, history, geography,
economics, civics, English and physical education. School
districts and public charter schools shall maintain control over
course content, format, materials and teaching methods but shall
ensure that students receive instruction in the academic content
areas.   { - The rigorous academic content standards shall
reflect the knowledge and skills necessary for achieving
Certificates of Mastery and diplomas pursuant to ORS 329.025 and
as described in ORS 329.447. - }  The regular review shall
involve teachers and other educators, parents of students and
other citizens and shall provide ample opportunity for public
comment.
  (2) The State Board of Education shall continually review all
adopted standards and shall raise the standards in academic
content areas to the highest levels possible.
  (3) The Common Curriculum Goals reviewed and revised by the
board under subsection (1) of this section shall also include
goals in health. In accordance with the Common Curriculum Goals,
school districts shall offer instruction in content areas and
health.
  SECTION 4. 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) - }  { +  (c) + } Establishing criteria for early
childhood improvement programs;
    { - (e) - }  { +  (d) + } Amending the application process
for school improvement grants;
    { - (f) - }  { +  (e) + } 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) - }  { +  (f) + } 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 5. ORS 329.105 is amended to read:
  329.105. (1) The Superintendent of Public Instruction shall
collect data and produce annual school district and school
performance reports containing information on student
performance, student behavior and school characteristics. The
purpose of the performance reports is to provide information to
parents and to improve schools through greater parental
involvement.
  (2)(a) In consultation with representatives of parents,
teachers, school district boards and school administrators, the
State Board of Education shall adopt, by rule, criteria for
grading schools. Such criteria shall take into account student
performance, improvement in student performance and the
participation rate of students on the statewide assessments. The
Superintendent of Public Instruction, based on the criteria
adopted by the State Board of Education, shall assign a grade to
each school for student performance, student behavior and school
characteristics and also shall assign an overall grade to the
school. The grades shall include classifications for exceptional
performance, strong performance, satisfactory performance, low
performance and unacceptable performance.
  (b) The grades received by a school shall be included in the
school district and school performance reports.
  (c) If a school is within the low performance or unacceptable
performance classification in any category, the school shall file
a school improvement plan with the Superintendent of Public
Instruction and with the school district board and the 21st
Century Schools Council for the school.
  (3) The Superintendent of Public Instruction shall include in
the school performance reports data for the following areas, for
each school, that are available to the Department of Education
from the most recent school year:
  (a) Enrollment in English as a Second Language courses under
ORS 336.079;
  (b) Attendance rates;
  (c) School safety, such as expulsions involving weapons in the
school;
    { - (d) Students who met or exceeded standards leading to the
Certificate of Initial Mastery; - }
    { - (e) - }  { +  (d) + } Dropout rates and the number of
students who dropped out of school;
    { - (f) - }  { +  (e) + } Parent and community involvement
such as volunteer hours;
    { - (g) - }  { +  (f) + } Classes taught by a teacher outside
the teacher's area of certification; and
    { - (h) - }  { +  (g) + } School staff, identified by
category.
  (4) The Superintendent of Public Instruction shall include in
the school district performance reports data for the following
areas, for each school district, that are available to the
Department of Education from the most recent school year:
  (a) Resident students who attend a public school in another
school district;
  (b) Facilities used for distance learning;
  (c) Election results of any bond levy proposed to the electors
of the district;
  (d) Expenditures;
  (e) Level of support from the education service district;
  (f) Administrators not assigned to a specific school;
  (g) School district staff, identified by category; and
  (h) Students who are eligible for special education.
  (5) The Superintendent of Public Instruction shall notify the
public and the media by January 30 of each year that school
district and school performance reports are available at schools
and school districts and at the Department of Education website
and offices. The superintendent shall also include notice that
copies of school and district improvement plans can be obtained
from school and school district offices. Each school district
shall send a copy of the school district and applicable school
performance reports to each parent of a child enrolled in a
public school in the school district.
  SECTION 6.  { + The amendments to ORS 329.105 by section 5 of
this 2003 Act first apply to school performance reports issued on
or after the effective date of this 2003 Act. + }
  SECTION 7. 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, 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
informs students about future choices and simultaneously prepares
them for further education, lifelong learning and employment. - }
 
  SECTION 8. 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 - }  { +  grade + }
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) - }  { +  (2) + } 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) - }  { +  (3) + } 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.
    { - (5) - }  { +  (4) + } 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.
    { - (6) - }  { +  (5) + } 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.
    { - (7) - }  { +  (6) + } 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 9. ORS 329.487 is amended to read:
  329.487. (1) In the 21st century, all Oregonians should be able
to communicate in a second language. School districts shall make
available to all students the opportunity to achieve this goal.
    { - (2) All students who have met the requirements for a
Certificate of Initial Mastery shall demonstrate a level of
proficiency in a second language as determined by the school
district board. - }
    { - (3) - }   { + (2) + } In the 21st century, all Oregon
students should have the opportunity to participate in a music
curriculum. School districts shall make available to all students
the opportunity to demonstrate a level of proficiency in the
arts, including music, as determined by the school district
board.
    { - (4) - }   { + (3) + } Each school district board shall
determine the method of implementation of the second language and
music requirements of this section.
    { - (5) - }   { + (4) + } Each school district board shall
adopt criteria for granting individual students a waiver of the
second language and music requirements of this section.
  SECTION 10. 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 the Certificate of
Initial Mastery through - }  { + The alternative learning options
may include + } 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
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 11. 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 - }
 { +  do + } 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 659.850 and 659.855 (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 by the Department
of Education under ORS 329.485 (1);
  (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;
  (o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment); and
  (p) 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.
  (14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
  SECTION 12. ORS 341.009 is amended to read:
  341.009. The Legislative Assembly finds that:
  (1) The community college is an educational institution which
is intended to fill the institutional gap in education by
offering broad, comprehensive programs in academic as well as
professional technical subjects. It is primarily designed to
provide associate or certificate degree programs for some, serve
a transitional purpose for others who will continue baccalaureate
or other college work, provide the ability to enter the workforce
immediately and serve to determine future educational needs for
other students. It can provide means for continuation of academic
education, professional technical training or the attainment of
entirely new skills as demands for old skills and old occupations
are supplanted by new technologies. It may also provide the means
to coordinate courses and programs with high schools   { - to
enhance the Certificate of Advanced Mastery and - }  to
accommodate  { + the + } successful transition  { + of
students + } to college degree programs.
  (2) Each community college should be so located as to be within
commuting time of a substantial majority of its students.  As an
economical method of providing education close to the student's
home, the community college should remain a commuting
institution.
  (3) The community college should establish its organizational
patterns to maintain a unique quality of flexibility and the
ability to change to meet changing needs.
  (4) The community college is a post-high-school institution
under the general supervision of the State Board of Education. It
should not be a 'starter' institution intended to evolve into a
four-year baccalaureate institution. It should be concerned with
programs terminating before reaching the baccalaureate degree.
  (5) The community college should continue to be prohibited by
law from becoming a baccalaureate degree granting institution.
  (6) Admission to the community college should be open to high
school graduates or to non-high school graduates who can profit
from the instruction offered.
 
  (7) There should be close cooperation between those directing
the community college program and those responsible for higher
education, so that lower-division college transfer programs of
the community college will provide adequate preparation for
entering baccalaureate degree granting programs, and so that
students will be able to transfer with a minimum of difficulty.
  (8) The community college should offer as comprehensive a
program as the needs and resources of the area which it serves
dictate. Cost to student and quality of instruction in
established private institutions should be among the factors in
determining necessary duplication of effort.
  (9) It should be the policy of the community college to open
its facilities and make available its resources to the high
schools of its area on a sound contractual basis, for appropriate
secondary or transitional courses, either academic or
professional technical, when it is within its ability to provide
facilities and it is determined that the high school cannot or
does not offer them.
  (10) Programs designed to meet the needs of the area served
should be based on the actual educational and service needs of
the district. Specific professional technical courses should be
related not only to the employment opportunities of the area but
of the state and nation as well. Such determination should be
made in consultation with representatives of labor, business,
industry, agriculture and other interested groups.
  (11) The State Board of Education should be responsible for
coordinating the community college program of the state and
should have general supervisory responsibilities for that
program. The State Board of Education should prepare estimates
and make the requests for legislative appropriations for a
reasonable and consistent basis of support and establish
standards for the distribution of that support.
  (12) The initiative for the establishment of new community
colleges should come from the localities to be served, as a
response to demonstrated educational needs of an area. However,
these localities must not only be willing to assume the
responsibility for the institutions but must be able to provide
resources needed for an adequate educational and service program.
  (13) The governing board of the community college should be
charged with the policy-making function. With respect to
educational programming, the governing board should in
cooperation with the State Board of Education:
  (a) Identify educational needs of the district; and
  (b) Bring together the resources necessary to meet the needs.
  (14) The state should maintain a policy of substantial state
participation in community college building costs and the
maintenance of an adequate level of state support for operation.
However, no state funds should be appropriated for buildings such
as dormitories or athletic facilities for spectator sports. The
district should provide a substantial portion of the funds for
capital improvement as well as for operation of a community
college.
  (15) State appropriations for community colleges shall be made
separately from those for other segments of education.
  (16) The formula for the distribution of funds for operating
costs should reflect the heavier operating costs and capital
outlay for certain professional technical courses. Federal funds
received for professional technical training, adult basic
education, workforce development or other federal initiatives
should be used for those purposes only and be distributed
separately from funds appropriated by the state and should be
exempted from the computations of the present distribution
formula for operating costs.
  (17) The cost of education to the individual should be
sufficiently low to permit students of low-income families to
attend. This is particularly true of tuition costs. However,
students should pay an amount sufficient to provide an incentive
to profit from the instructional program offered.
  (18) Any eligible Oregon resident should have the right to
attend a community college even though not residing in a district
operating one, subject to the right of the governing board to
limit the size of classes and to give preference to students
residing in the district. Local school districts and education
service districts should have the authority to negotiate the
terms and conditions with the governing boards for the enrollment
of students residing in such areas.
  SECTION 13. ORS 348.183 is amended to read:
  348.183. (1) The Legislative Assembly recognizes:
  (a) That an investment in educational opportunities for all
Oregonians is an investment in a strong and stable economy and
greater personal opportunities;
  (b) That the single largest barrier to attending an institution
of higher education is lack of finances;
  (c) The broad and diverse range of quality post-secondary
educational services provided by Oregon's institutions of higher
education, including Oregon's community colleges, state
institutions and independent not-for-profit institutions of
higher education; and
  (d) The positive effects on Oregon's citizens, families and
economy of encouraging talented and hardworking students to stay
in Oregon to pursue a post-secondary education.
  (2) It is the intent of the Legislative Assembly to  { - : - }
    { - (a) Empower students who have achieved a Certificate of
Initial Mastery with the ability to attend an Oregon institution
of higher education; and - }
    { - (b) - }   { + empower and + } reward all Oregon students
who have achieved a   { - Certificate of Initial Mastery or a
comparable - }   { + high + } level of academic merit in Oregon
schools with the opportunity and the necessary funding to attend
an Oregon institution of higher education.
  SECTION 14. ORS 348.186 is amended to read:
  348.186. (1) In addition to any other form of student financial
aid authorized by law, the Oregon Student Assistance Commission
shall award, to the extent funds are made available, an Oregon
Achievement Grant to any qualified student who:
  (a) Commences at least half-time study toward a degree at the
eligible post-secondary institution within three years of high
school graduation; and
  (b) Has   { - received a Certificate of Initial Mastery or - }
, while a resident of Oregon,   { - has - }  scored at or above a
level on a nationally recognized college admissions test as
determined by the Oregon Student Assistance Commission.
  (2) Any qualified student receiving an Oregon Achievement Grant
under subsection (1) of this section must use the grant for the
purpose of study in an eligible program, as defined by rule of
the Oregon Student Assistance Commission, at an eligible
post-secondary institution.
  (3) The Oregon Student Assistance Commission may not award an
Oregon Achievement Grant to a qualified student who is enrolled
in a course of study required for and leading to a degree in
theology, divinity or religious education.
  (4) Each Oregon Achievement Grant shall be renewed yearly
provided that the recipient has maintained satisfactory progress
toward a first associate or baccalaureate degree as determined by
the Oregon Student Assistance Commission.
  (5) Notwithstanding subsection (4) of this section, no Oregon
Achievement Grant shall be renewed after a qualified student has
reached the number of credit hours required to graduate with a
baccalaureate degree at the institution the student is attending.
  SECTION 15.  { + ORS 329.445, 329.465, 329.467, 329.475,
329.855 and 329.885 and section 27, chapter 660, Oregon Laws
 
1995, and sections 6 and 7, chapter 1029, Oregon Laws 1999, are
repealed. + }
  SECTION 16.  { + The amendments to ORS 327.506, 329.035,
329.045, 329.075, 329.447, 329.485, 329.487, 329.860, 338.115,
341.009, 348.183 and 348.186 by sections 1 to 4 and 7 to 14 of
this 2003 Act and the repeal of ORS 329.445, 329.465, 329.467,
329.475, 329.855 and 329.885 and section 27, chapter 660, Oregon
Laws 1995, and sections 6 and 7, chapter 1029, Oregon Laws 1999,
by section 15 of this 2003 Act first apply to the 2003-2004
school year. + }
  SECTION 17.  { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect
July 1, 2003. + }
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