72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2744
Sponsored by Representative BACKLUND; Representatives FARR,
HOPSON, Senators DEVLIN, GORDLY
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
327.506, 329.005, 329.007, 329.025, 329.035, 329.045, 329.075,
329.447, 329.465, 329.475, 329.485, 329.492, 329.855, 329.860
and 338.115 and section 27, chapter 660, Oregon Laws 1995;
repealing ORS 329.487 and section 7, chapter 1029, Oregon Laws
1999, and section 2, chapter 443, Oregon Laws 2001; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 329.005 is amended to read:
329.005. (1) This chapter shall be known as the Oregon
Educational Act for the 21st Century.
(2) The Department of Education shall be the coordinating
agency for furthering implementation of this chapter. This
chapter shall be subject to review by the Legislative Assembly
{ - until the year 2001 for purposes of evaluating progress
toward achieving the various mandates of this chapter and also
effecting any necessary changes - } .
(3) The appropriate legislative interim committee shall:
(a) Develop the form and content expected of the ongoing review
described in this section;
(b) Notify the appropriate agencies of expectations; and
(c) Receive and evaluate regular reports from the Department of
Education and other public agencies.
(4) This review outline may be changed as needed in succeeding
years.
SECTION 2. ORS 329.007 is amended to read:
329.007. As used in this chapter, unless the context requires
otherwise:
(1) 'Academic content standards' or 'academic standards ' means
expectations of student knowledge and skills { - in identified
content areas - } adopted by the State Board of Education under
ORS 329.045.
(2) 'Administrator' includes all persons whose duties require
an administrative license.
(3) 'Board' or 'state board' means the State Board of
Education.
(4) 'Community learning center' means a school-based or
school-linked program providing informal meeting places and
coordination for community activities, adult education, child
care, information and referral and other services as described in
ORS 329.157. 'Community learning center' includes, but is not
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limited to, a community school program as defined in ORS 336.505,
family resource centers as described in ORS 417.725, full service
schools, lighted schools and 21st century community learning
centers.
{ - (5) 'Content areas' includes mathematics, science,
history, geography, economics, civics, English, second languages,
the arts and physical education. English includes, but is not
limited to, reading and writing. The arts include, but are not
limited to, literary arts, performing arts and visual arts.
History, geography, economics and civics include, but are not
limited to, Oregon Studies. - }
{ - (6) - } { + (5) + } 'Department' means the Department
of Education.
{ - (7) - } { + (6) + } 'District planning committee' means
a committee composed of teachers, administrators { + , school
board members + } and public members established for the purposes
of ORS 329.537 to 329.605.
{ + (7) 'English' includes, but is not limited to, reading
and writing.
(8) 'History, geography, economics and civics' includes, but is
not limited to, Oregon Studies. + }
{ - (8) - } { + (9) + } 'Oregon Studies' means history,
geography, economics and civics specific to the State of Oregon.
Oregon Studies instruction in Oregon government shall include
municipal, county, tribal and state government, as well as the
electoral and legislative processes.
{ - (9) - } { + (10) + } 'Parents' means parents or
guardians of students who are covered by this chapter.
{ + (11) 'Public charter school' has the meaning given that
term in ORS 338.005. + }
{ - (10) - } { + (12) + } 'School district' means a school
district as defined in ORS 332.002, an education service
district, a state-operated school or any legally constituted
combination of such entities.
{ - (11) - } { + (13) + } 'School Improvement and
Professional Development program' means a formal plan submitted
by a school district and approved by the Department of Education
according to criteria specified in ORS 329.675 to 329.745 and
329.790 to 329.820.
{ - (12) - } { + (14) + } 'Second languages' means any
foreign language or American Sign Language.
{ - (13) - } { + (15) + } 'Teacher' means any licensed
employee of a school district who has direct responsibility for
instruction, coordination of educational programs or supervision
of students and who is compensated for such services from public
funds. ' Teacher' does not include a school nurse, as defined in
ORS 342.455, or a person whose duties require an administrative
license.
{ + (16) 'The arts' includes, but is not limited to, literary
arts, performing arts and visual arts. + }
{ - (14) - } { + (17) + } '21st Century Schools Council'
means a council established pursuant to ORS 329.704.
{ - (15) - } { + (18) + } 'Work-related learning
experiences' means opportunities in which all students may
participate in high quality programs that provide industry
related and subject matter related learning experiences that
prepare students for further education, future employment and
lifelong learning.
SECTION 3. ORS 329.025 is amended to read:
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329.025. It is the intent of the Legislative Assembly to
maintain a system of public elementary and secondary schools that
allows students, parents, teachers, administrators, school
district boards and the State Board of Education to be
accountable for the development and improvement of the public
school system. The public school system shall have the following
characteristics:
(1) Provides equal and open access and educational
opportunities for all students in the state regardless of their
linguistic background, culture, race, gender, capability or
geographic location;
(2) Assumes that all students can learn and establishes high,
specific skill and knowledge expectations and recognizes
individual differences at all instructional levels;
(3) Provides special education, compensatory education,
linguistically and culturally appropriate education and other
specialized programs to all students who need those services;
(4) Provides students with a solid foundation in the skills of
reading, writing, problem solving and communication;
(5) Provides opportunities for students to learn, think,
reason, retrieve information, use technology and work effectively
alone and in groups;
(6) Provides for rigorous academic content standards and
instruction in mathematics, science, { + English, + } history,
geography, economics, civics { + , + } { - and English - }
{ + physical education, health, the arts and second
languages + };
(7) Provides students an educational background to the end that
they will function successfully in a constitutional republic, a
participatory democracy and a multicultural nation and world;
{ - (8) Provides students with instruction in, but not
limited to, health, physical education, second languages and the
arts; - }
{ - (9) - } { + (8) + } Provides students with the
knowledge and skills that will provide the opportunities to
succeed in the world of work, as members of families and as
citizens;
{ - (10) - } { + (9) + } Provides students with the
knowledge, skills and positive attitude that lead to an active,
healthy lifestyle;
{ - (11) - } { + (10) + } Provides students with the
knowledge and skills to take responsibility for their decisions
and choices;
{ - (12) - } { + (11) + } Provides opportunities for
students to learn through a variety of teaching strategies;
{ - (13) - } { + (12) + } Emphasizes involvement of parents
and the community in the total education of students;
{ - (14) - } { + (13) + } Transports children safely to and
from school;
{ - (15) - } { + (14) + } Ensures that the funds allocated
to schools reflect the uncontrollable differences in costs facing
each district;
{ - (16) - } { + (15) + } Ensures that local schools have
adequate control of how funds are spent to best meet the needs of
students in their communities; and
{ - (17) - } { + (16) + } Provides for a safe, educational
environment.
SECTION 4. ORS 329.035 is amended to read:
329.035. The Legislative Assembly declares that:
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(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) To establish alternative learning environments and services
for students who experience difficulties in achieving state or
local academic standards;
(d) To establish early childhood programs and academic
professional technical programs as part of a comprehensive
educational system; and
(e) To establish partnerships among business, labor and the
educational community in the development of standards for
academic professional technical { - indorsements - } { +
endorsements + } and provide work-related learning experiences
necessary to achieve those standards.
SECTION 5. 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, { + English, + }
history, geography, economics, civics, { - English and - }
physical education { + , health, the arts and second
languages + }. 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 - } { + the
Certificate of Initial Mastery, the Certificate of Initial
Mastery subject area endorsements, the Certificate + } of
{ + Advanced + } 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 { + academic content + } standards and shall raise the
standards
{ - in academic content areas - } { + for mathematics,
science, English, history, geography, economics, civics, physical
education, health, the arts and second languages + } 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. - }
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{ + (3) School districts and public charter schools shall
offer students instruction in mathematics, science, English,
history, geography, economics, civics, physical education,
health, the arts and second languages that meets the academic
content standards adopted by the State Board of Education and
meets the requirements adopted by the State Board of Education
and the board of the school district or public charter
school. + }
SECTION 6. 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
{ + content + } 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 - }
{ + endorsement + } 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:
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(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 7. ORS 329.447 is amended to read:
329.447. { + (1) + } 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, { + school districts
shall make + } the following { - shall be - } available:
{ - (1) - } { + (a) + } A certificate, to be conferred upon
students who with additional services and accommodations do not
meet the { + standards for the + } Certificate of Initial
Mastery { - standards - } .
{ - (2) - } { + (b) + } Certificate of Initial Mastery, to
be conferred upon all students meeting state and local standards
and requirements { - required - } for the Certificate of
Initial Mastery { + in particular subjects + } pursuant to ORS
329.465.
{ - (3) - } { + (c) + } 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) - } { + (d) + } Career { - indorsements - } { +
endorsements + }, 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.
{ + (2) In addition to the diploma, certificates and career
endorsements required by subsection (1) of this section, school
districts may offer Certificate of Initial Mastery subject area
endorsements, to be conferred upon all students meeting state and
local standards and requirements for a subject area endorsement
pursuant to ORS 329.465. + }
SECTION 8. ORS 329.465 is amended to read:
329.465. { - (1) By the end of the 1995-1996 school year, 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 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. - }
{ + (1) The State Board of Education shall adopt academic
content standards and requirements for the Certificate of Initial
Mastery and for Certificate of Initial Mastery subject area
endorsements. + }
(2) The State Board of Education shall prescribe the
{ + academic content + } standards, pursuant to ORS 329.025 and
329.035, that a student must meet in order to obtain { - a - }
{ + the + } Certificate of Initial Mastery { + or a Certificate
of Initial Mastery subject area endorsement + }. The Certificate
of Initial Mastery { + and the Certificate of Initial Mastery
subject area endorsements + } shall be based on a series of
performance-based assessments and content assessments benchmarked
to mastery levels { - at approximately grades 3, 5, 8 and
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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 { + standards for
the + } Certificate of Initial Mastery { - standards - } .
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) Requirements for the Certificate of Initial Mastery { + or
a Certificate of Initial Mastery subject area endorsement + }
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) Prior to July 1, 1997, school districts 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. - }
{ + (4)(a) The state board shall establish the minimum number
of work samples that a student must complete in each subject to
receive the Certificate of Initial Mastery or to receive a
Certificate of Initial Mastery subject area endorsement.
(b) If a school district receives the approval of the
Department of Education, the school district may require a
student, as part of the requirements for the Certificate of
Initial Mastery or a Certificate of Initial Mastery subject area
endorsement, to complete a greater number of work samples for a
particular subject than the minimum number established by the
state board.
(5) The state board shall adopt requirements for the
Certificate of Initial Mastery in mathematics, science and
English. Each school district shall implement the Certificate of
Initial Mastery in mathematics, science and English.
(6) In addition, the state board shall adopt requirements for
Certificate of Initial Mastery subject area endorsements in
history, geography, economics, civics, physical education,
health, the arts and second languages. A school district may
offer to the students of the school district a Certificate of
Initial Mastery subject area endorsement in any of the following:
(a) History, geography, economics and civics.
(b) Physical education.
(c) Health.
(d) The arts.
(e) Second languages.
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(7) A student may receive a Certificate of Initial Mastery
subject area endorsement only if the student has received the
Certificate of Initial Mastery.
(8) The state board or a school district may not make the
creation of a student portfolio a requirement for the Certificate
of Initial Mastery or a Certificate of Initial Mastery subject
area endorsement. + }
{ - (5) - } { + (9) + } The provisions of this section may
be applied individually as appropriate to students enrolled in
special education programs under ORS chapter 343.
{ - (6) - } { + (10) + } 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) - } { + (11) + } 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 9. ORS 329.475 is amended to read:
329.475. (1) After the State Board of Education adopts
standards and rules for the Certificate of Advanced Mastery, each
school district shall institute programs that allow students to
qualify for a Certificate of Advanced Mastery with
{ - indorsements - } { + career endorsements + } 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 shall include a comprehensive educational component
that meets rigorous academic standards.
(4) 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 school districts to 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 - } { + career
endorsements + }, the State Board of Education shall adopt rules
that facilitate movement among the { - indorsements - } { +
endorsements + } 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 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
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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 - } { + endorsement + }, 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 10. 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 { + , Certificate of Initial
Mastery subject area endorsements + } 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 { + mathematics, science, English, history,
geography, economics and civics. + } { - : - }
{ - (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. - }
{ + (2) School districts and public charter schools shall
implement the statewide assessment system in mathematics, science
and English. In addition, school districts and public charter
schools may implement the statewide assessment system in history,
geography, economics and civics. + }
(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 - } .
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(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.
(5) Each year the resident district shall be accountable for
determining the student's progress toward achieving the
{ + academic content + } standards { - at grades 3, 5, 8 and
10 - } . Progress toward the { + academic content + } 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 { + academic content + } 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) If a student has not met or has exceeded all of the { +
academic content + } 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) If the student to whom additional services or alternative
educational options have been made available does not meet or
exceed the { + academic content + } 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 11. ORS 329.492 is amended to read:
329.492. (1) The Department of Education shall develop academic
content standards for Oregon Studies { - by the 2001-2002
school year - } . The department shall consult with the Oregon
Historical Society in the development of the academic content
standards in Oregon Studies and in the preparation of materials
to support teacher training and classroom instruction in Oregon
Studies. The materials shall include a balanced presentation of
the relevant contributions to society by men and women of
African-American, Hispanic, Native American, Asian-American and
other racial groups in Oregon.
(2) The Oregon Historical Society may use any public funds
allocated to the Oregon Historical Society for the purposes of
this section. In addition, the Oregon Historical Society may
raise additional funds from private sources for the purposes of
this section.
SECTION 12. ORS 329.855 is amended to read:
329.855. (1) The Department of Education, the Department of
Community Colleges and Workforce Development and the Oregon
University System 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
Enrolled House Bill 2744 (HB 2744-A) Page 10
{ - indorsements - } { + endorsements + }, 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 - } { + endorsements + }, 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 - } { + endorsements + }, 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 - } { + endorsement + } or post-secondary
study, the Education and Workforce Policy Advisor may recommend
integrating two-plus-two programs, 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 13. 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 - } { + meeting the academic
content standards required for 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
Enrolled House Bill 2744 (HB 2744-A) Page 11
the - } { + meeting the academic content standards for 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 14. 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 { - , - } { + and + } 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 15. ORS 338.115 is amended to read:
Enrolled House Bill 2744 (HB 2744-A) Page 12
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 659.850 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 { + for mathematics, science and English + } under
ORS 329.485 (1);
(m) ORS 329.045 { - (1) - } (academic content
{ - areas - } { + standards and instruction + });
(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
Enrolled House Bill 2744 (HB 2744-A) Page 13
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. { + If the school district offers a Certificate of
Initial Mastery subject area endorsement to students who attend
school in the district, then the school district shall offer the
endorsement to any public charter school student who meets the
district's and state's standards for the endorsement. + }
(12) A high school diploma, certificate, Certificate of Initial
Mastery { + , Certificate of Initial Mastery subject area
endorsement + } 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 { + , Certificate of Initial Mastery subject
area endorsement + } 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 16. Section 27, chapter 660, Oregon Laws 1995, as
amended by section 2, chapter 353, Oregon Laws 1997, is amended
to read:
{ + Sec. 27. + } { - (1) Prior to March 1, 1999, the
Department of Education shall submit standards and rules for the
Certificate of Advanced Mastery adopted by the State Board of
Education pursuant to ORS 329.475 to the Legislative
Assembly. - }
{ - (2) - } { + (1) + } Pursuant to the standards and rules
adopted by the State Board of Education, each school district
prior to September 1, { - 2004 - } { + 2008 + }, shall
institute programs that allow students to qualify for the
Certificate of Advanced Mastery. However, a school district
{ - shall - } { + is + } not { - be - } required to award
any Certificate of Advanced Mastery prior to September 1,
{ - 2004 - } { + 2008 + }.
{ - (3) - } { + (2) + } The Department of Education shall
establish incentive programs to encourage school districts to
implement the Certificate of Advanced Mastery prior to September
1, { - 2004 - } { + 2008 + }. The incentive programs shall
provide a variety of models for implementation of the Certificate
of Advanced Mastery in school districts that vary in size and
location in the state. The incentive programs shall also provide
a variety of models for career { - indorsement - } { +
endorsement + } areas.
{ - (4) - } { + (3) + } Notwithstanding subsection
{ - (2) - } { + (1) + } of this section, school districts
shall demonstrate continued progress toward development and
implementation of the Certificate of Advanced Mastery prior to
statewide implementation.
SECTION 17. { + ORS 329.487 and section 7, chapter 1029,
Oregon Laws 1999, and section 2, chapter 443, Oregon Laws 2001,
are repealed. + }
SECTION 18. { + (1) The amendments to ORS 327.506, 329.005,
329.007, 329.025, 329.035, 329.045, 329.075, 329.447, 329.465,
329.475, 329.485, 329.492, 329.855, 329.860 and 338.115 by
sections 1 to 15 of this 2003 Act and the repeal of ORS 329.487
Enrolled House Bill 2744 (HB 2744-A) Page 14
and section 7, chapter 1029, Oregon Laws 1999, and section 2,
chapter 443, Oregon Laws 2001, by section 17 of this 2003 Act
first apply to the 2003-2004 school year.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 329.045, 329.485 and 338.115 by sections 5, 10
and 15 of this 2003 Act first apply to public charter schools
that enter into a charter with a sponsor, amend a charter or
renew a charter on or after the effective date of this 2003 Act.
(3) Notwithstanding subsection (1) of this section, the
amendments to ORS 327.506, 329.005, 329.007, 329.025, 329.035,
329.075, 329.447, 329.465, 329.475, 329.492, 329.855 and 329.860
by sections 1 to 4, 6 to 9 and 11 to 14 of this 2003 Act and the
repeal of ORS 329.487 and section 7, chapter 1029, Oregon Laws
1999, and section 2, chapter 443, Oregon Laws 2001, by section 17
of this 2003 Act first apply to public charter schools that enter
into a charter with a sponsor, amend a charter or renew a charter
on or after the effective date of this 2003 Act if a provision of
the charter of the public charter school applies the statute or
session law to the public charter school. + }
SECTION 19. { + 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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Passed by House April 30, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 23, 2003
...........................................................
President of Senate
Enrolled House Bill 2744 (HB 2744-A) Page 15
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2744 (HB 2744-A) Page 16