Chapter 858
AN ACT
HB 2263
Relating to education; creating new provisions; amending ORS 179.210,
179.460, 181.539, 238.350, 240.205, 240.240, 285A.075, 285A.090, 326.603,
327.008, 327.023, 327.297, 327.506, 328.542, 329.007, 329.015, 329.025,
329.045, 329.075, 329.085, 329.095, 329.105, 329.115, 329.160, 329.165,
329.183, 329.190, 329.195, 329.200, 329.228, 329.255, 329.265, 329.415,
329.451, 329.485, 329.489, 329.675, 329.704, 329.830, 329.860, 329.885,
332.114, 336.113, 336.790, 336.800, 336.805, 338.115, 339.370, 339.505,
339.860, 341.009, 342.845, 343.236, 346.010, 346.015, 346.017, 346.019,
346.020, 346.030, 346.041, 346.047, 346.055, 346.080, 348.183, 348.186, 351.117
and 656.135 and section 3, chapter 827, Oregon Laws 2005; repealing ORS
329.035, 329.077, 329.215, 329.225, 329.237, 329.245, 329.405, 329.445,
329.447, 329.465, 329.467, 329.475, 329.537, 329.545, 329.555, 329.565,
329.570, 329.575, 329.585, 329.595, 329.600, 329.605, 329.685, 329.690,
329.695, 329.700, 329.709, 329.715, 329.735, 329.745, 329.855, 329.905,
329.915, 329.920, 329.925, 329.930, 329.950 and 329.975 and sections 7 and 27,
chapter 660, Oregon Laws 1995; and declaring an emergency.
Whereas every student
enrolled in public secondary school should have access to high-quality,
rigorous academics with a particular focus on access to advanced placement (AP)
and honors courses; and
Whereas all high school
students should be ready for college and the workforce upon graduation; and
Whereas identifying as
many students as possible for advanced placement and honors courses would
increase the number of students taking advanced placement and honors courses;
and
Whereas it is important
to ensure that minority and underrepresented students excel to their fullest
potential; and
Whereas not only access
to college but also success in college and the workforce are important for all
students; now, therefore,
Be It Enacted by the People of
the State of
SECTION 1.
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 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 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) “Department” means
the Department of Education.
[(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)] (6) “English” includes, but is not limited to, reading
and writing.
[(8)] (7) “History, geography, economics and civics”
includes, but is not limited to, Oregon Studies.
[(9)] (8) “Oregon Studies” means history, geography,
economics and civics specific to the State of
[(10)] (9) “Parents” means parents or guardians of students
who are covered by this chapter.
[(11)] (10) “Public charter school” has the meaning given
that term in ORS 338.005.
[(12)] (11) “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.
[(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.]
[(14)] (12) “Second languages” means any foreign language or
American Sign Language.
[(15)] (13) “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)] (14) “The arts” includes, but is not limited to,
literary arts, performing arts and visual arts.
[(17)] (15) “21st Century Schools Council” means a council
established pursuant to ORS 329.704.
[(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 2.
ORS 329.015 is amended to read:
329.015. (1) The
Legislative Assembly believes that education is a major civilizing influence on
the development of a humane, responsible and informed citizenry, able to adjust
to and grow in a rapidly changing world. Students must be encouraged to learn
of their heritage and their place in the global society. The Legislative
Assembly concludes that these goals are not inconsistent with the goals to be
implemented under this chapter.
(2) The Legislative
Assembly believes that the goals of kindergarten through grade 12 education
are:
(a) To [demand academic excellence through a]
equip students with the academic and career skills and information necessary to
pursue the future of their choice through a program of rigorous academic [program that equips students with the
information and skills necessary to pursue the future of their choice]
preparation and career readiness;
(b) To provide an
environment that motivates students to pursue serious scholarship and to have
experience in applying knowledge and skills and demonstrating achievement; [and]
(c) To provide students
with [lifelong academic skills that will
prepare them for] the skills necessary to pursue learning throughout
their lives in an ever-changing world[.];
and
(d) To prepare students
for successful transitions to the next phase of their educational development.
SECTION 3.
ORS 329.025 is amended to read:
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, 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 the knowledge and skills that will provide the opportunities to succeed in
the world of work, as members of families and as citizens;
(9) Provides students
with the knowledge[,] and
skills [and positive attitude] that
lead to an active, healthy lifestyle;
(10) Provides students
with the knowledge and skills to take responsibility for their decisions and
choices;
(11) Provides
opportunities for students to learn through a variety of teaching strategies;
(12) Emphasizes
involvement of parents and the community in the total education of students;
(13) Transports children
safely to and from school;
(14) Ensures that the
funds allocated to schools reflect the uncontrollable differences in costs
facing each district;
(15) Ensures that local
schools have adequate control of how funds are spent to best meet the needs of
students in their communities; and
(16) Provides for a
safe, educational environment.
SECTION 4.
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, performance indicators and
diploma requirements. This includes Essential Learning Skills and rigorous
academic content standards in mathematics, science, English, history,
geography, economics, civics, 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. [The rigorous academic content standards
shall reflect the knowledge and skills necessary for achieving 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 and revise all adopted academic
content standards [and shall raise the
standards for mathematics, science, English, history, geography, economics,
civics, physical education, health, the arts and second languages to the
highest levels possible] necessary for students to successfully
transition to the next phase of their education.
(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 5.
ORS 329.075 is amended to read:
329.075. (1) The State
Board of Education shall adopt rules, in accordance with ORS 183.750 and ORS
chapter 183, 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] implementing the
provisions of this chapter. Actions by the department to fulfill this
responsibility and to increase student achievement may include, but are not
limited to:
(a) Developing
academic content standards;
[(a)] (b) Updating Common Curriculum Goals to meet rigorous
academic content standards and updating performance indicators and diploma
requirements;
[(b)] (c) Developing criterion-referenced assessments
including performance-based, content-based and other assessment mechanisms to
test knowledge and skills and whether students meet the performance
expectations as determined by the board; and
[(c) Establishing criteria for Certificates of Initial Mastery and
Advanced Mastery;]
(d) Establishing
criteria for early childhood [improvement]
education 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 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)] (3) 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 6.
ORS 329.085 is amended to read:
329.085. (1) To
facilitate the attainment and successful implementation of educational
standards under ORS 326.051 (1)(a)[,]
and 329.025 [and 329.035], the
State Board of Education or its designee shall assess the effectiveness of each
public school, public charter school and school district. The findings
of the assessment shall be reported to the school or school district
within six months.
(2) The board shall establish
the standards, including standards of accessibility to educational
opportunities, upon which the assessment is based.
(3) On a periodic basis,
the board shall review [existing] school
and school district standards and[,
after public hearings and consultation with local school officials, shall adopt
by rule a revised set of standards] credit and performance requirements.
The board shall seek public input in this process.
SECTION 7.
ORS 329.095 is amended to read:
329.095. (1) The [State Board] Department of
Education shall require school districts and schools to conduct
self-evaluations and update their local district continuous improvement
plans on a biennial basis. The self-evaluation process shall involve the public
in the setting of local goals. The school districts shall ensure that
representatives from the demographic groups of their school population are
invited to participate in the development of local district continuous
improvement plans to achieve the goals.
(2) As part of setting
local goals, school districts [are
encouraged to] shall undertake a communications process that
involves parents, students, teachers, school employees and community
representatives to explain and discuss the local goals and their relationship
to programs under this chapter.
(3) At the request of
the school district, department [of
Education] staff shall provide ongoing technical assistance in the
development and implementation of the local district continuous
improvement plan.
(4) The local district continuous
improvement plan shall include:
(a) A rigorous
curriculum aligned with state standards;
(b) High-quality
instructional programs;
(c) Short-term and
long-term professional development plans;
(d) Programs and
policies to achieve a safe educational environment;
(e) A plan for family
and community engagement;
(f) Staff leadership
development;
(g) High-quality data
systems;
(h) Improvement planning
that is data-driven;
(i) Education service
plans for students who have or have not exceeded all of the academic content
standards;
(j) A review of
demographics, student performance, staff characteristics and student access to,
and use of, educational opportunities; and
(k) District efforts to achieve local
efficiencies and efforts to make better use of resources. [Efficiencies may include, but are not limited to, use of magnet
schools, energy programs, public and private partnerships, staffing and other
economies.]
[(5) All school districts shall, as part of their local district
improvement plan, develop programs and policies to achieve a safe, educational
environment.]
[(6) Local district improvement plans shall include the district’s and
school’s short-term and long-term plans for staff development.]
[(7) Local district and school goals and district and school improvement
plans shall be made available to the public.]
[(8) The self-evaluations shall include a review of demographics,
student performance, student access to and utilization of educational
opportunities and staff characteristics. However, failure to complete the
self-evaluation process shall not constitute grounds for withholding of state
moneys.]
SECTION 8.
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] identifying
outstanding schools, satisfactory schools and schools in need of improvement.
Such criteria shall take into account student performance, improvement in
student performance, [and] the
participation rate of students on the statewide assessments, student
attendance rates and graduation rates. The Superintendent of Public
Instruction, based on the criteria adopted by the State Board of Education,
shall assign a [grade] rating
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.] that identifies the school as outstanding,
satisfactory or in need of improvement.
(b) The [grades] ratings 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] is designated
as in need of improvement, 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].
(d) The Department of
Education shall work with stakeholders to design and implement an
accountability system of progressive interventions for and provide technical
assistance to schools and school districts that do not demonstrate improvement.
(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;]
(d) Disaggregated
data on students who met or exceeded the academic content standards established
by the board;
(e) Dropout rates and
the number of students who dropped out of school;
(f) Parent and community
involvement such as volunteer hours;
[(g) Classes taught by a teacher outside the teacher’s area of
certification; and]
(g) The percentage of
classes taught by a teacher identified as highly qualified under rules adopted
by the United States Department of Education; and
(h) 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 improvement
plans and district continuous 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 9.
ORS 329.115 is amended to read:
329.115. (1) Prior to [September 30] December 1 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].
The purpose of the
(2) The
(a) Student performance
on
(b) Data required by the
federal No Child Left Behind Act of 2001 (P.L. 107-110, 115 Stat. 1425);
(c) Public school
funding, expenditures and employee salary information;
(d) Instructional hours;
(e) School staff
information;
(f) District size,
student demographics and student enrollment;
(g) Dropout rates;
(h) Alternative
education programs;
(i) Public charter
schools;
(j) Early childhood
education and
(k) Programs for
students with special needs.
[(2) The purpose of the
[(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
[(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 329.160 is amended to read:
329.160. It is the
policy of this state to implement programs for early childhood education, for
parenting education including instruction about prenatal care, for child-parent
centers and for extended
SECTION 11.
ORS 329.165 is amended to read:
329.165. (1) In
consultation with the advisory committee for the Oregon prekindergarten
program, the Department of Education [and
the Department of Community Colleges and Workforce Development] shall
develop a long-range plan for serving eligible children and their families and
shall report to each regular session of the Legislative Assembly on the funds
necessary to implement the long-range plan, including but not limited to
regular programming costs, salary enhancements and program improvement grants.
The department shall determine the rate of increase in funding for programs
necessary each biennium to provide service to all children eligible for the
prekindergarten program [by 2004].
[(2) The Department of Education and the Department of Community
Colleges and Workforce Development shall include in their budget requests to
the Governor funds sufficient to implement each two-year phase of the
long-range plan.]
[(3)] (2) Each biennial report shall include but not be
limited to estimates of the number of eligible children and families to be
served, projected cost of programs and evaluation of the programs.
SECTION 12.
ORS 329.183 is amended to read:
329.183. (1) The
Prekindergarten Program Trust Fund is established as a fund in the State
Treasury, separate and distinct from the General Fund. Interest earned by the
trust fund shall be credited to the trust fund. The primary purpose of the
trust fund is to assist eligible children with comprehensive services including
educational, social, health and nutritional development to enhance their
chances for success in school and life. For this purpose, the trust fund is
continuously appropriated [for and shall
be expended only for] to the Department of Education for the
(2) The [State Board of Education] department
may solicit and accept money in the form of gifts, contributions and grants to
be deposited in the trust fund. Except as provided in ORS 329.185, the
acceptance of federal grants for purposes of ORS 329.170 to 329.200 does not
commit state funds nor place an obligation upon the Legislative Assembly to
continue the purposes for which the federal funds are made available.
(3) The trust fund may
be listed, if otherwise qualified, on the
SECTION 13.
ORS 329.190 is amended to read:
329.190. The Department
of Education [and the Department of
Community Colleges and Workforce Development] shall establish an advisory
committee composed of interested parents and representatives from the State
Commission on Children and Families, health care profession, early childhood
education and development staff preparation programs, Oregon Head Start
Association, school districts, community colleges, Early Intervention Council,
child care and other organizations [as
considered necessary by the Department of Education and the Department of
Community Colleges and Workforce Development to assist with the establishment
of the Oregon prekindergarten program]. The purpose of the advisory committee
is to provide advice to the department on matters related to the
SECTION 14.
ORS 329.195 is amended to read:
329.195. (1) The State
Board of Education shall adopt rules for the establishment of the
(2) In developing rules
for the Oregon prekindergarten program, the board shall consult with the
advisory committee established under ORS 329.190 and shall consider such
factors as coordination with existing programs, the preparation necessary for
instructors, qualifications of instructors, training of staff, adequate space
and equipment and special transportation needs.
(3) The Department of
Education [and the Department of
Community Colleges and Workforce Development] shall review applications for
the
SECTION 15.
ORS 329.200 is amended to read:
329.200. (1) The
Superintendent of Public Instruction shall report to the Legislative Assembly
on the merits of continuing and expanding the Oregon prekindergarten program or
instituting other means of providing early childhood development assistance.
(2) The superintendent’s
report shall include specific recommendations on at least the following issues:
(a) The relationship of
the state-funded
(b) The types of
children and their needs that the program should serve;
(c) The appropriate
level of state support for implementing the program for all eligible children,
including related projects to prepare instructors and provide facilities,
equipment and transportation;
(d) The state
administrative structure necessary to implement the program; and
(e) Licensing or
endorsement of early childhood teachers.
(3) The Department of
Education[, in consultation with the
Department of Community Colleges and Workforce Development,] shall examine,
monitor and assess the effectiveness of the
SECTION 16.
ORS 329.228 is amended to read:
329.228. (1) The Early
Childhood Education Trust Fund is established as a fund in the State Treasury,
separate and distinct from the General Fund. Interest earned by the trust fund
shall be credited to the trust fund. The primary purpose of the trust fund is
to assist public school districts in providing programs designed to improve
educational services for children enrolled in kindergarten through grade three.
For this purpose, the trust fund is continuously appropriated to the Department
of Education for programs described in ORS [329.215
to] 329.235.
(2) The State Board of
Education may solicit and accept money in the form of gifts, contributions and
grants to be deposited in the trust fund. The acceptance of federal grants for
purposes of ORS [329.215 to] 329.235
does not commit state funds nor place an obligation upon the Legislative
Assembly to continue the purposes for which the federal funds are made
available.
(3) The trust fund may be
listed, if otherwise qualified, on the
SECTION 17.
ORS 329.255 is amended to read:
329.255. (1) The
district school board of every school district operating any elementary schools
may [make the services of]
establish a child development specialist program [available to the pupils enrolled in the
elementary schools and their families].
[(2) A child development specialist shall provide primary prevention
services directly or in cooperation with others in settings in addition to the
school setting:]
[(a) To pupils enrolled in the elementary school, with priority given at
the primary level, including kindergarten, to assist them in developing
positive attitudes toward themselves and others in relation to life career
roles and to ensure that appropriate assessment and screening procedures that
recognize academic and individual differences are provided for the early
identification of talents and strengths on which to base a positive learning
experience for each child.]
[(b) To the professional staff of the elementary school to assist them
in early identification of pupils enrolled therein with learning or
developmental problems.]
[(c) To parents of pupils enrolled in elementary schools to assist them
in understanding their children’s unique aptitudes and needs and to aid in
relating home, school and neighborhood experiences.]
[(d) To refer pupils enrolled in the elementary school and their
families to appropriate state or local agencies for additional assistance as
needed.]
[(e) To coordinate resources available through the community and the
school.]
[(3) The district school board of every school district operating any
elementary schools may make the services of a child development specialist, as
described in subsection (2) of this section available to children four years of
age or younger and their families residing in its district. If such children
need assessment, the child development specialist shall ensure that appropriate
assessment and screening procedures that recognize academic and individual
differences are provided for early identification of barriers or needs that
prevent successful transition to early education programs.]
(2) If a district
school board establishes a child development specialist program, the school
district must meet the following requirements:
(a) The school district
shall submit a written plan describing the program to the Department of
Education and the program must be approved by the department.
(b) Upon approval of a
program, a school district shall submit child development specialist candidate
applications for department approval.
(c) The school district
shall conduct an annual review of the program and submit an updated plan to the
department for reauthorization of the program.
(d) Each child
development specialist employed by a school district shall complete an annual
evaluation of the specialist’s child development plan to be included with the
school district’s updated plan.
(3) The department shall
review the plans annually.
(4) School districts may
provide the [services authorized or
required under this section] child development specialist program by
contract with qualified state or local programs.
SECTION 18.
ORS 329.265 is amended to read:
329.265. (1) Following
the close of each fiscal quarter for which reimbursement is claimed, any
district [making the services of] that
establishes a child development specialist [available] program pursuant to ORS 329.255 [in a state approved program] shall file
a verified claim with the Superintendent of Public Instruction for the
reimbursement as designated in the notice of allotment for the costs incurred
by the district in providing the [services
of the] child development specialist program.
(2) If the
Superintendent of Public Instruction approves the application for
reimbursement, the superintendent shall cause the district to be reimbursed in
the amount claimed in accordance with the state approved program provided in
subsection (1) of this section. In no case shall the state reimbursement from
funds available for the child development specialist program exceed 75 percent
of the approved annual cost of the program nor shall the state’s expenditure
exceed the amount appropriated by the Legislative Assembly for this purpose.
SECTION 19.
ORS 329.415 is amended to read:
329.415. (1) The
Department of Education shall prepare operating guides for child development
programs and for teenage parent programs applicable to programs under ORS
329.395 to 329.425 that are consistent with requirements imposed by the State
Board of Education.
(2) The department [of Education] shall review applications
for approval of child development programs and teenage parent programs and may
approve those programs after considering:
(a) The educational
adequacy and type of programs.
(b) The number of
students and children who are to be served by the program.
(c) The availability of
trained personnel and facilities.
(d) The need for the
programs in the applying district.
(3) In approving
applications for child development programs, the department shall require that
the school district use its grant for child development curriculum and in the
formulation and initiation of on-site child development centers. Each center
must be able to accommodate from 15 to 30 full-time equivalent spaces for
children, distributed according to needs of the community.
(4) In approving
applications for teenage parent programs, the department shall require that the
school district use the grant in connection with appropriate education for
teenage parents leading to graduation and in the formulation and development of
appropriate on-site child care centers. Each center must be able to accommodate
from 15 to 30 full-time equivalent spaces for children, distributed according
to the needs of the teenage student-parents.
[(5) Results of the study required by ORS 329.405 shall be used as a
basis for school district planning.]
SECTION 20.
ORS 329.451 is amended to read:
329.451. (1) At or
before grade 12, a school district shall award a high school diploma to a
student who completes the requirements established by the State Board of
Education, the school district and this section.
[(1)] (2) In order to receive a high school diploma from a
school district, a student must [meet]
satisfy the requirements established by the [State] board [of Education]
and the school district and, while in grades 9 through 12, must complete:
(a) At least 24 [credit hours] credits, as defined
by rule of the board;
(b) Three [years] credits of mathematics;
and
(c) Four [years] credits of English.
[(2)] (3) Notwithstanding subsection [(1)] (2) of this section, a school district may award a
diploma to a student who does not [meet]
satisfy the requirements of subsection [(1)(b) or (c)] (2)(b) or (c) of this section if the student:
(a) Has met or exceeded
the academic content standards for mathematics or English established by the
board, as demonstrated on
(b) Displays proficiency
in mathematics or English at a level established by the board.
(4) Notwithstanding
subsections (1) and (2) of this section, a school district may award an
alternative credential to a student who does not satisfy the requirements of
subsections (1) and (2) of this section, if the student, with additional
services and accommodations, does not satisfy the requirements for a diploma
specified under subsections (1) and (2) of this section.
SECTION 21.
Section 3, chapter 827, Oregon Laws 2005, is amended to read:
Sec. 3. The
requirements of [section 1 of this 2005
Act] ORS 329.451 (2) apply to students who receive a high school
diploma from a school district on or after July 1, 2009.
SECTION 22.
ORS 329.485 is amended to read:
329.485. (1) As used
in this section:
(a) “Content-based
assessment” means testing of the understanding of a student of a predetermined
body of knowledge.
(b) “Criterion-referenced
assessment” means testing of the knowledge or ability of a student with respect
to some standard.
(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.
[(1)(a)] (2)(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 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].
(b) The department [of Education] shall develop the
statewide assessment system in mathematics, science, English, history,
geography, economics and civics.
[(2)] (3) 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)] (4) Each year the resident district shall be
accountable for determining the student’s progress toward achieving the
academic content standards. 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. In addition, the district shall adopt a grading
system based on the local school district board adopted course content of the
district’s curriculum. The grading system shall clearly enable the student and
parents to know how well the student is achieving course requirements.
[(4)] (5) If a student has not met or has exceeded all of the
academic content standards, the school district shall make additional services
or alternative educational or public school options available to the student.
[(5)] (6) 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 23. ORS
329.675 is added to and made a part of ORS 329.790 to 329.820.
SECTION 24.
ORS 329.675 is amended to read:
329.675. As used in ORS
[329.675 to 329.745 and] 329.790 to
329.820:
(1) “Beginning
administrator” means an administrator who:
(a) Is employed as an
administrator by a school district; and
(b) Has been assigned
for fewer than three successive school years as a licensed or acting
administrator in any public, private or state-operated school.
(2) “Beginning teacher”
means a teacher who:
(a) Possesses a teaching
license issued by the Teacher Standards and Practices Commission;
(b) Is employed at least
half-time, primarily as a classroom teacher, by a school district; and
(c) Has taught fewer
than three successive school years as a licensed probationary teacher in any
public, private or state-operated school.
(3) “
(a) Possesses a
teaching, personnel service or administrative license issued by the Teacher
Standards and Practices Commission;
(b) Has successfully
served for three or more years as a licensed teacher or administrator in any
public school;
(c) Has been selected
and trained as described in ORS 329.815; and
(d) Has demonstrated
mastery of the appropriate subject matter knowledge and teaching and
administrative skills.
(4) “Mentorship program”
means a program provided by a mentor teacher or administrator to a beginning
teacher or administrator that includes, but is not limited to, direct classroom
observation and consultation, assistance in instructional planning and
preparation, support in implementation and delivery of classroom instruction,
development of school leadership skills and other assistance intended to assist
the beginning teacher or administrator to become a confident and competent
professional educator who makes a positive impact on student learning.
SECTION 25.
ORS 329.704 is amended to read:
329.704. (1) Nothing in
this section shall interfere with the duties, responsibilities and rights of
duly elected school district boards. There shall be established at each school
a 21st Century Schools Council. The duties of a 21st Century Schools Council
shall include but not be limited to:
(a) The development of
plans to improve the professional growth of the school’s staff;
(b) The improvement of
the school’s instructional program;
(c) The development and
coordination of plans for the implementation of programs under this chapter at
the school; and
(d) The administration
of grants-in-aid for the professional development of teachers and classified
district employees[; and].
[(e) Advising the school district board in the development of a plan for
school safety and student discipline under section 5, chapter 618, Oregon Laws
2001.]
(2) A 21st Century
Schools Council shall be composed of teachers, parents, classified employees
and principals or the principal’s designee, as follows:
(a) Not more than half
of the members shall be teachers;
(b) Not more than half
of the members shall be parents of students attending that school;
(c) At least one member
shall be a classified employee; and
(d) One member shall be
the principal of the building or the principal’s designee.
(3) In addition, other
members may be as the school district shall designate, including but not
limited to local school committee members, business leaders, students and
members of the community at large.
(4) Members of a 21st
Century Schools Council shall be selected as follows:
(a) Teachers shall be
licensed teachers elected by licensed teachers at the school site;
(b) Classified employees
shall be elected by classified employees at the school site;
(c) Parents shall be
selected by parents of students attending the school; and
(d) Other
representatives shall be selected by the council.
(5) If a school district
board determines that a school site is unable to fulfill the requirements of
this section or if the needs of a school site require a different composition,
the school district board shall establish the 21st Century Schools Council in a
manner that best meets the educational needs of the district.
(6) All 21st Century
Schools Council meetings shall be subject to the open meetings law pursuant to
ORS 192.610 to 192.690.
(7) A school district
may establish a district site committee to assist in the administration of
grants or in the district-wide coordination of programs.
SECTION 25a.
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]
district continuous improvement plan implemented pursuant to ORS 329.095
for the school.
(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 pursuant to ORS 329.485;
(b) The achievement of
measurable academic goals from [school]
district continuous 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 26.
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 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 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 27.
ORS 329.885 is amended to read:
329.885. (1) It is the
policy of the State of Oregon to encourage educational institutions and
businesses to develop, in partnership, models for programs related to
school-to-work transitions and work experience internships [directed by the Oregon Educational Act for
the 21st Century as described in ORS 329.005 to 329.165, 329.185, 329.445,
329.850 and 329.855].
(2) From funds
available, the Department of Education may allocate to any education service
district, school district, individual secondary school or community college
grants to develop programs such as those described in subsection (1) of this
section.
(3) To receive a grant
to operate a program described in subsection (1) of this section, a business
shall demonstrate to the satisfaction of the department that the program shall:
(a) Identify groups that
have been traditionally underrepresented in the programs and internships,
particularly in health care, business and high technology employment positions.
(b) Encourage students
who belong to groups identified in paragraph (a) of this subsection,
particularly students in secondary schools and community colleges, to apply for
consideration and acceptance into a model program described in subsection (1)
of this section.
(c) Promote an awareness
of career opportunities in the school-to-work transition and the work
experience internships among students sufficiently early in their educational
careers to permit and encourage students to apply for the model programs.
(d) Promote cooperation
among businesses, school districts and community colleges in working toward the
goals of the Oregon Educational Act for the 21st Century.
(e) Develop academic
skills, attitudes and self-confidence necessary to allow students to succeed in
the work environment, including attitudes of curiosity and perseverance and the
feelings of positive self-worth that result from sustained effort.
(f) Provide a variety of
experiences that reinforce the attitudes needed for success in the business
world.
(4) The department shall
direct fund recipients to adopt rules establishing standards for approved
programs under this section, including criteria for eligibility of
organizations to receive grants, and standards to determine the amount of
grants.
(5) The department may
seek and receive gifts, grants, endowments and other funds from public or
private sources as may be made from time to time, in trust or otherwise, for
the use and benefit of the purposes of the school-to-work transition and the
work experience internship programs and may expend the same or any income
therefrom according to the terms of such gifts, grants, endowments or other
funds.
SECTION 28.
ORS 285A.075 is amended to read:
285A.075. (1) The
Economic and Community Development Department, through research, promotion and
coordination of activities in this state, shall foster the most desirable
growth and geographical distribution of agriculture, industry and commerce in
the state. The department shall serve as a central coordinating agency and
clearinghouse for activities and information concerning the resources and
economy of the state.
(2) The department shall
have no regulatory power over the activities of private persons. Its functions
shall be solely advisory, coordinative and promotional.
(3) The department shall
administer the state’s participation in the federal Community Development Block
Grant funding program authorized by 42 U.S.C. 5301 et seq.
(4) In order to
accomplish the purposes of ORS chapters 285A, 285B and 285C [and ORS 329.905 to 329.975], the
department may expend moneys duly budgeted to pay the travel and various other
expenses of industrial or commercial site location agents, film or video
production location agents, business journal writers, elected state officials
or other state personnel whom the Director of the Economic and Community
Development Department determines may promote the purposes of this subsection.
(5) In accordance with
applicable provisions of ORS chapter 183, the department may adopt rules
necessary for the administration of laws that the department is charged with
administering.
(6) ORS 276.428,
279A.120, 279A.140, 279A.155, 279A.275, 279B.025, 279B.235, 279B.270, 279B.280,
279C.370, 279C.500 to 279C.530, 279C.540, 279C.545, 279C.800 to 279C.870,
282.020, 282.050, 282.210, 282.220, 282.230, 283.140, 459A.475, 459A.490,
653.268 and 653.269 do not apply to the department’s operation of foreign trade
offices outside the state.
(7) Notwithstanding ORS
279A.140, the department may enter into contracts for personal services as
necessary or appropriate to carry out the duties, functions and powers vested
in the department by law.
(8)(a) The department
may contract directly with the Oregon Downtown Development Association, or its
successor entity, to provide downtown development and redevelopment assistance
and similar services to municipalities in
(b) The department may
contract directly with Rural Development Initiatives, or its successor entity,
to provide training, technical assistance, planning assistance and other
support and services to municipalities in
(c) Contracts entered
into under this subsection are exempt from the requirements of ORS 279.835 to
279.855 and ORS chapters 279A, 279B and 279C.
(9) If the director
determines that moneys are available, the department may transfer funds from
the Special Public Works Fund created under ORS 285B.455 or from the Water Fund
established under ORS 285B.563 to a state agency to provide financial assistance
in the delivery of technical assistance or other services to one or more water
systems for evaluation of water quality or services or for planning the
improvement of water quality or services. The department may structure the
financial assistance under this subsection in the form of an interagency grant
or loan or in any other manner the director considers necessary or appropriate.
SECTION 29.
ORS 285A.090 is amended to read:
285A.090. The Economic
and Community Development Department shall:
(1) Implement programs
consistent with policies of the Oregon Economic and Community Development
Commission.
(2) Provide field
representatives in the various geographical regions of the state. The field
representatives shall be in the unclassified service and shall receive such
salary as may be set by the Director of the Economic and Community Development
Department, unless otherwise provided by law. The field representatives shall:
(a) Serve as internal
advocates and centralized contacts within state government for businesses
seeking to locate or expand in the region and shall guide the businesses
through all required processes with state regulatory agencies and local units
of government to facilitate and expedite siting or expansion of the businesses
within the businesses’ budgets and in an economically viable manner;
(b) Seek assistance and
direction from the Governor or a designee of the Governor for resolving issues
that have delayed a project in order to ensure that governmental decisions and
actions on projects are made in a timely and reasonable manner;
(c) Work with local
units of government and the private sector as they establish and carry out
economic and community development plans and programs under ORS 280.500;
(d) Establish links with
and act as liaisons between businesses seeking to locate or expand in the
region and resources within the public and private institutions of higher
education in Oregon familiar with technological advancements and grant
opportunities;
(e) Serve as liaisons
between businesses seeking to locate or expand in the region and appropriate
governmental, university, community college and industry representatives to
assist and partner with the businesses in their developmental efforts;
(f) Assemble regional
rapid response teams that include regional departmental staff and
representatives of local governments in the region to work with businesses
seeking to locate or expand in the region by facilitating developmental
procedures and eliminating obstacles to completion of projects;
(g) Assign specific
responsibilities for and monitor progress of rapid response team members toward
completion of tasks essential to the achievement of a successful outcome of a
project for all parties involved;
(h) Coordinate meetings
between businesses seeking to locate or expand in the region and the members of
rapid response teams to establish and monitor the adherence to developmental
timelines and to ensure satisfaction with services provided;
(i) Deliver to local
units of government and the private sector the assistance and services
available from the department, including publications, research and technical
and financial assistance programs; and
(j) Promote local
awareness of department policy and department programs and services and of assistance
and economic incentives available from government at all levels.
(3) Process requests
received by state agencies and interested parties for information pertaining to
industrial and commercial locations and relocations throughout the state.
(4) Consult and advise
with, coordinate activities of, and give technical assistance and encouragement
to, state and local organizations, including local development corporations,
county, city, and metropolitan-area committees, chambers of commerce, labor organizations
and similar agencies interested in obtaining new industrial plants or
commercial enterprises.
(5) Act as the state’s
official liaison agency between persons interested in locating industrial or
business firms in the state, and state and local groups seeking new industry or
business, maintaining the confidential nature of the negotiations it conducts
as requested by persons contemplating location in the state.
(6) Coordinate state and
federal economic and community development programs.
(7) Consult and advise
with, coordinate activities of, and give technical assistance and encouragement
to all parties including, but not limited to, port districts within the state
working in the field of international trade or interested in promoting their
own trading activity.
(8) Provide advice and
technical assistance to
(9) Collect and
disseminate information regarding the advantages of developing new business and
expanding existing business in the state.
(10) Aid local
communities in planning for and obtaining new business to locate therein and
provide assistance in local applications for federal development grants.
(11) Work actively to
recruit domestic and international business firms to those communities that
desire such recruitment.
(12) In carrying out its
duties under ORS chapters 285A, 285B and 285C [and ORS 329.905 to 329.975], give priority to assisting small
businesses in this state by encouraging the creation of new businesses, the
expansion of existing businesses and the retention of economically distressed
businesses which are economically viable.
(13) Establish and
operate foreign trade offices in those foreign countries in which the
department considers a foreign trade office necessary using department
employees, contracts with public or private persons or a combination of
department employees and contractors. Department employees, including managers,
who are assigned to work in a foreign trade office shall be in the unclassified
service, and the director shall set the salaries of those persons. Foreign
trade offices shall provide one or more of the following services:
(a) Work with the
private sector to assist them in finding international markets for their goods
and services;
(b) Work with local
units of government to assist them in locating foreign businesses within their
jurisdiction;
(c) Promote awareness in
foreign countries of department policy, programs and services and of assistance
and economic incentives available from government at all levels; or
(d) Provide other
assistance considered necessary by the director.
SECTION 30.
ORS 327.023 is amended to read:
327.023. In addition to
those moneys distributed through the State School Fund, the Department of
Education shall provide from state funds appropriated therefor, grants in aid
or support for special and compensatory education programs including:
[(1) Special schools for children who are deaf or blind as defined in
ORS 346.010.]
(1) The
(2) Medicaid match for
administration efforts to secure Medicaid funds for services provided to
children with disabilities.
(3) Hospital programs
for education services to children who are hospitalized for extended periods of
time or who require hospitalization due to severe disability as described in
ORS 343.261.
(4) Private agency
programs for education services to children who are placed by the state in long
term care or treatment facilities as described in ORS 343.961.
(5) Regional services
provided to children with low-incidence disabling conditions as described in
ORS 343.236.
(6) Early childhood
special education provided to preschool children with disabilities from age
three until age of eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(7) Early intervention
services for preschool children from birth until age three as described in ORS
339.185, 343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services
for children with disabilities to determine program eligibility and needs as
described in ORS 343.146.
(9) Education services
to children residing at state hospitals.
(10) Disadvantaged
children program under ORS 343.680.
(11) Early childhood
education under ORS [329.215 to]
329.228 and 329.235.
(12) Child development
specialist program under ORS 329.255.
(13) Youth care centers
under ORS 420.885.
(14) Staff development
and mentoring.
(15) Professional
technical education grants.
(16) Special science
education programs.
(17) Talented and Gifted
children program under ORS 343.391 to 343.413.
SECTION 30a.
ORS 327.297 is amended to read:
327.297. (1) In addition
to those moneys distributed through the State School Fund, the Department of
Education shall award grants to school districts, the Youth Corrections
Education Program and the Juvenile Detention Education Program for activities
that relate to increases in student achievement, including:
(a) Class size
reduction;
(b) Increases in
instructional time;
(c) Professional
development;
(d) Remediation and
alternative learning;
(e) Early childhood
support;
(f) Services to at-risk
youth;
(g) Additional
instructional materials;
(h) Curriculum and
instructional support;
(i) Services for English
as a second language students; and
(j) Other activities
approved by the State Board of Education that are shown to have a relationship
to increasing student achievement.
(2) Each school
district, the Youth Corrections Education Program and the Juvenile Detention
Education Program may apply to the Department of Education for a grant. The
department shall review and approve applications based on criteria established
by the State Board of Education. In establishing the criteria, the State Board
of Education shall consider the recommendations of the Quality Education
Commission established under Executive Order 99-16 and the recommendations of
the Quality Education Commission established under ORS 327.500. The
applications shall include the activities to be funded and the goals of the
school district or program for increases in student performance. The
applications shall become part of the local district continuous
improvement plan described in ORS 329.095.
(3) The Department of
Education shall evaluate the annual progress of each recipient of grant funds
under this section toward the performance targets established by the Quality
Education Commissions that have been funded by the Legislative Assembly. The
evaluation shall become part of the requirements of the department for
assessing the effectiveness of the district under ORS 329.085, 329.095 and
329.105. The department shall ensure school district and program accountability
by providing appropriate assistance, intervening and establishing consequences
in order to support progress toward the performance targets.
(4) Each biennium the
Department of Education shall report to the Legislative Assembly on the grant
program and the results of the grant program.
(5)(a) Notwithstanding
ORS 338.155 (9), the Department of Education may not award a grant under this
section directly to a public charter school.
(b) A school district
that receives a grant under this section may transfer a portion of the grant to
a public charter school based on the charter of the school or any other
agreement between the school district and the public charter school.
(c) A public charter
school that receives grant funds under this subsection shall use those funds
for the activities specified in subsection (1) of this section.
(6)(a) The amount of
each grant = the program’s or school district’s ADMw ´ (the total amount available for the grants
in each distribution year ¸ the total statewide ADMw).
(b) As used in this
subsection:
(A) “ADMw” means:
(i) For a school district,
the extended weighted average daily membership as calculated under ORS 327.013,
338.155 (1) and 338.165 (2);
(ii) For the Youth
Corrections Education Program, the average daily membership as defined in ORS
327.006 multiplied by 2.0; and
(iii) For the Juvenile
Detention Education Program, the average daily membership as defined in ORS
327.006 multiplied by 1.5.
(B) “Total statewide
ADMw” means the total extended ADMw of all school districts plus the ADMw of
the Youth Corrections Education Program plus the ADMw of the Juvenile Detention
Education Program.
(7) Each school district
or program shall deposit the grant amounts it receives under this section in a
separate account, and shall apply amounts in that account to pay for activities
described in the district’s or program’s application.
(8) The State Board of
Education may adopt any rules necessary for the administration of the grant
program.
SECTION 31.
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[,] and 329.065[,
329.465 and 329.475].
(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 32.
ORS 332.114 is amended to read:
332.114. (1) A person
who meets the requirements under subsection (3) of this section may request a
school district to issue the person a high school diploma if the person resides
within the boundaries of the school district or is a resident of this state and
attended a high school of the school district.
(2) A representative of
a deceased person who meets the requirements under subsection (3) of this
section may request a school district to issue a high school diploma on behalf
of the deceased person if the deceased person resided within the boundaries of
the school district at the time of death or was a resident of this state at the
time of death and attended a high school of the school district.
(3) Notwithstanding the
requirements for a high school diploma established under ORS 329.451 and by the
State Board of Education and school districts [under ORS 329.447], a school district that receives a request under
subsection (1) or (2) of this section shall issue a high school diploma to a
person if the person:
(a) Attended a high
school before serving in the Armed Forces of the
(b) Did not graduate
from a high school because the person was serving in the Armed Forces of the
(c) Was discharged or
released under honorable conditions from the Armed Forces of the
(d) Served in the Armed
Forces of the United States as described in subsection (4) of this section; and
(e)(A) Has received a
General Educational Development (GED) certificate;
(B) Has received a
post-secondary degree from a community college, state institution of higher
education or other generally accredited institution of higher education; or
(C) Has received a
minimum score on the Armed Services Vocational Aptitude Battery (ASVAB), as
established by the Oregon Military Department.
(4) The provisions of
subsection (3) of this section apply to a person who:
(a) Served in the Armed
Forces of the
(A) World War I;
(B) World War II;
(C) The Korean Conflict;
or
(D) The Vietnam War;
(b) Served in the Armed
Forces of the
(A) Operation Urgent
Fury (
(B) Operation Just Cause
(
(C)
(D) Operation Restore
Hope (
(E) Operation Enduring
Freedom (
(F) Operation Iraqi
Freedom (
(c) Served in the Armed
Forces of the
SECTION 32a.
ORS 336.113 is amended to read:
336.113. (1) The
Superintendent of Public Instruction shall direct the Department of Education
to increase efforts to:
(a) Evaluate the distribution
of ethnic, racial and cultural backgrounds of the public school students of
Oregon and the use of demographic data by school districts for curricula and
program planning as reflected in [school
districts’ consolidated] district continuous improvement plans;
(b) Examine strategies
to inform school district boards, school administrators, teachers, parents of
students and the public about multicultural and diversity laws and policies;
(c) Identify and review
exemplary multicultural curricula for different grade levels based on the needs
of
(d) Identify and review
strategies to integrate a multicultural education program with other education
programs of school districts; and
(e) Evaluate how current
laws on diversity and multicultural education are being implemented and applied
at the state and school district levels.
(2) The superintendent
shall:
(a) Seek federal and
other funds to develop and implement multicultural education;
(b) Seek federal and
other funds to provide funding and technical support for school districts to
develop and implement multicultural curricula and educational programs; and
(c) Report to the State
Board of Education on the funds available, the success in obtaining funds, the
plans to develop and implement multicultural education and the development of a
system for evaluation.
(3) The superintendent
may appoint an advisory committee to accomplish the requirements of this
section. The superintendent and the advisory committee shall seek and
incorporate input from the business community, educators and minority
representatives that reflect the demographics and geographic regions of this
state.
SECTION 33.
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 do not apply to public charter schools. However, the following
laws do 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 181.534,
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)]
(2);
(m) ORS 329.045
(academic content 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);
(p) ORS 339.370, 339.372
and 339.375 (reporting of child abuse); and
(q) 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” include public charter school as those terms are used in that statute
or rule.
(4) A public charter
school may 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 capacities and
employees of a sponsor acting in their official capacities 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. 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 grants
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.
NOTE:
Section 34 was deleted by amendment. Subsequent sections were not renumbered.
SECTION 35.
ORS 339.505 is amended to read:
339.505. (1) For
purposes of the student accounting system required by ORS 339.515, the
following definitions shall be used:
(a) “Graduate” means an
individual who has:
(A) Not reached 21 years
of age or whose 21st birthday occurs during the current school year;
(B) Met all state
requirements and local requirements for attendance, competence and units of
credit for high school; and
(C) Received one of the
following:
(i) A high school
diploma issued by a school district.
(ii) An adult high
school diploma issued by an authorized community college.
(iii) [A modified] An alternative high
school diploma based on the successful completion of an individual education
plan.
(b) “School dropout”
means an individual who:
(A) Has enrolled for the
current school year, or was enrolled in the previous school year and did not
attend during the current school year;
(B) Is not a high school
graduate;
(C) Has not received a
General Educational Development (GED) certificate; and
(D) Has withdrawn from
school.
(c) “School dropout”
does not include a student described by at least one of the following:
(A) A student who has
transferred to another educational system or institution that leads to
graduation and the school district has received a written request for the
transfer of the student’s records or transcripts.
(B) A student who is
deceased.
(C) A student who is
participating in home instruction paid for by the district.
(D) A student who is
being taught by a private teacher, parent or legal guardian pursuant to ORS
339.030 (1)(c) or (d).
(E) A student who is
participating in a Department of Education approved public or private education
program, an alternative education program as defined in ORS 336.615 or a hospital
education program, or is residing in a Department of Human Services facility.
(F) A student who is
temporarily residing in a shelter care program certified by the Oregon Youth
Authority or the Department of Human Services or in a juvenile detention facility.
(G) A student who is
enrolled in a foreign exchange program.
(H) A student who is
temporarily absent from school because of suspension, a family emergency, or
severe health or medical problems that prohibit the student from attending
school.
(I) A student who has
received a General Educational Development (GED) certificate.
(2) The State Board of
Education shall prescribe by rule when an unexplained absence becomes
withdrawal, when a student is considered enrolled in school, acceptable
alternative education programs under ORS 336.615 to 336.665 and the standards
for excused absences for purposes of ORS 339.065 for family emergencies and
health and medical problems.
SECTION 36.
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 successful
transition 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
SECTION 37.
ORS 342.845 is amended to read:
342.845. (1) A contract
teacher shall not be subjected to the requirement of annual appointment nor
shall the teacher be dismissed or employed on a part-time basis without the
consent of the teacher except as provided in ORS 342.805 to 342.937.
(2) Notwithstanding
subsection (1) of this section, a part-time contract teacher attains contract
status at not less than half-time but less than full-time and may be assigned
within those limits by the school district. The assignment of a contract
part-time teacher is not subject to the procedures specified in ORS 342.805 to
342.930. A contract part-time teacher who accepts a full-time assignment shall
be considered a contract teacher for purposes of the assignment.
(3) No teacher shall be
deprived of employment status solely because the duties of employment have been
assumed or acquired by another school district or education service district in
a state reorganization of a regional special education program. Where such
reorganization occurs, a teacher shall be transferred to the employment of the
school district or education service district which assumed or acquired program
responsibilities. The teacher shall be allowed to transfer accrued sick leave
and experience status to the new district. However, the district to which the
programs are transferred is obligated to hire displaced employees only to the
extent that such would complement a cost effective staffing plan in the
reorganized program.
(4)(a) As used in this
subsection:
(A) “Juvenile detention
education program” means the Juvenile Detention Education Program, as defined
in ORS 326.695.
(B) “School district” [has the meaning given that term in ORS
329.007] 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.
(b) No teacher shall be
deprived of employment status solely because the duties of employment have been
assumed or acquired by another school district or education service district
pursuant to a transfer of juvenile detention education program responsibilities
to another school district or education service district. Where such
reorganization occurs, a teacher shall be transferred to the employment of the
school district or education service district that assumed or acquired program
responsibilities. The teacher shall be allowed to transfer accrued sick leave,
seniority and status as a contract teacher. However, the district to which the
program is transferred is obligated to hire displaced teachers only to the
extent that such would complement a cost-effective staffing plan in the
reorganized program.
(5)(a) An administrator
shall serve a probationary period that does not exceed three years, unless the
administrator and the school district mutually agree to a shorter time period.
Following a probationary period, an administrator shall be employed by a school
district pursuant to a three-year employment contract. An administrator may be
dismissed or have a reduction in pay during the term of a contract for any
reason set forth for dismissal of a teacher in ORS 342.865, or pursuant to ORS
342.934 (5). If an administrator is dismissed or has a reduction in pay during
the term of the contract, the administrator may appeal to the Fair Dismissal
Appeals Board in the same manner as provided for the appeal of a dismissal or a
nonextension of a contract teacher. An administrator may not appeal the
nonextension of a contract to the Fair Dismissal Appeals Board.
(b) The administrator
may be assigned and reassigned at will during the term of the contract.
(c) The district school
board may elect not to extend the administrator’s contract for any cause the
school board in good faith considers sufficient. Prior to March 15 of the
second year of the administrator’s contract, the school board shall take one of
the following actions:
(A) Issue a new
three-year contract effective July 1 following the March 15 of the second year
of the administrator’s contract;
(B) Provide, in writing,
notice that the contract will not be renewed or extended; or
(C) Extend the existing
contract for a period of not more than one year.
(6) If an administrator
receives notice of contract nonextension prior to the expiration of the
administrator’s contract, the administrator shall have the right to fill any
vacant teaching position in the district for which the contract administrator
is licensed and competent as defined in ORS 342.934, provided the administrator
has three years’ teaching experience in Oregon that has been successful, in the
judgment of the district superintendent.
SECTION 38.
ORS 348.183 is amended to read:
348.183. [(1)] The Legislative Assembly
recognizes:
[(a)] (1) That an investment in educational opportunities for
all Oregonians is an investment in a strong and stable economy and greater
personal opportunities;
[(b)] (2) That the single largest barrier to attending an
institution of higher education is lack of finances;
[(c)] (3) 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)] (4) The positive effects on
[(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
[(b) Reward all Oregon students who have achieved a Certificate of
Initial Mastery or a comparable level of academic merit in Oregon schools with
the opportunity and the necessary funding to attend an Oregon institution of
higher education.]
SECTION 39.
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
(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 40. (1)
ORS 329.035, 329.077, 329.215, 329.225, 329.237, 329.245, 329.405, 329.445,
329.447, 329.465, 329.467, 329.475, 329.537, 329.545, 329.555, 329.565,
329.570, 329.575, 329.585, 329.595, 329.600, 329.605, 329.685, 329.690,
329.695, 329.700, 329.709, 329.715, 329.735, 329.745, 329.855, 329.905,
329.915, 329.920, 329.925, 329.930, 329.950 and 329.975 are repealed.
(2) Section 7, chapter
660,
(3) Section 27, chapter
660,
SECTION 41. The
amendments to ORS 285A.075, 285A.090, 327.023, 327.297, 327.506, 329.007,
329.015, 329.025, 329.045, 329.075, 329.085, 329.095, 329.105, 329.115,
329.160, 329.165, 329.183, 329.190, 329.195, 329.200, 329.228, 329.255,
329.265, 329.415, 329.451, 329.485, 329.675, 329.704, 329.830, 329.860,
329.885, 332.114, 336.113, 338.115, 339.505, 341.009, 342.845, 348.183 and
348.186 and section 3, chapter 827, Oregon Laws 2005, by sections 1 to 22 and
24 to 39 of this 2007 Act and the repeal of ORS 329.035, 329.077, 329.215,
329.225, 329.237, 329.245, 329.405, 329.445, 329.447, 329.465, 329.467,
329.475, 329.537, 329.545, 329.555, 329.565, 329.570, 329.575, 329.585,
329.595, 329.600, 329.605, 329.685, 329.690, 329.695, 329.700, 329.709,
329.715, 329.735, 329.745, 329.855, 329.905, 329.915, 329.920, 329.925,
329.930, 329.950 and 329.975 and sections 7 and 27, chapter 660, Oregon Laws
1995, by section 40 of this 2007 Act first apply to the 2008-2009 school year.
SECTION 42. (1)
The Department of Education shall contract with a nonprofit entity to
administer a nationally normed assessment, in collaboration with the
department, to all students in grade 10 who are enrolled in a public school.
The purpose of the assessment is to predict the success of students on, and
provide practice for students taking, college entrance exams.
(2) The department shall
base the selection of the contractor under subsection (1) of this section on
all of the following criteria:
(a) The contractor must
be able to provide to the department statewide data containing the results of
the assessment;
(b) The contractor shall
provide an assessment that:
(A) Identifies students
with high potential to excel in advanced placement (AP) or other honors courses
based on a research-based correlation of scores on the grade 10 assessment to
advanced placement examinations;
(B) Examines students in
mathematics, reading and writing; and
(C) Provides results
that can be used by
(c) The contractor must
be able to supply schools with an item-by-item analysis of student performance
on the assessment; and
(d) The contractor must
be able to make available to each student taking the assessment a free career
assessment and online exploration of colleges and career opportunities.
(3) Notwithstanding
subsection (1) of this section:
(a) The department may
allow the contractor to waive the assessment for specific groups of students;
and
(b) Upon request from a
student who is enrolled in a public school operated by a school district or the
parent or guardian of the student, the school district shall waive the
assessment for the student.
SECTION 43. The
Department of Education shall enter into a contract under section 42 of this
2007 Act to first provide an assessment during the 2008-2009 school year.
SECTION 44.
ORS 327.008, as amended by section 6a, chapter 803, Oregon Laws 2005, is
amended to read:
327.008. (1) There is
established a State School Fund in the General Fund. The fund shall consist of
moneys appropriated by the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously appropriated to
the Department of Education for the purposes of ORS 327.006 to 327.077,
327.095, 327.099, 327.101, 327.125, 327.137, 327.348, 327.355, 327.357,
327.360, 336.575, 336.580, 336.635, 342.173, 343.243, 343.533 and 343.961.
(2) There shall be
apportioned from the State School Fund to each school district a State School
Fund grant, consisting of the positive amount equal to a general purpose grant
and a facility grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be
apportioned from the State School Fund to each education service district a
State School Fund grant as calculated under ORS 327.019.
(4) All figures used in
the determination of the distribution of the State School Fund shall be
estimates for the same year as the distribution occurs, unless otherwise
specified.
(5) Numbers of students
in average daily membership used in the distribution formula shall be the
numbers as of June of the year of distribution.
(6) A school district
may not use the portion of the State School Fund grant that is attributable to
the facility grant for capital construction costs.
(7) The total amount of
the State School Fund that is distributed as facility grants may not exceed $25
million in any biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall prorate the
amount of funds available for facility grants among those school districts that
qualified for a facility grant.
(8) Each fiscal year,
the Department of Education shall transfer the amount of $12 million from the
State School Fund to the High Cost Disabilities Account established in ORS
327.348.
(9) Each fiscal year,
the Department of Education shall transfer the amount of $2.5 million from the
State School Fund to the Small School District Supplement Fund established in
ORS 327.360.
(10) Each fiscal
year, the Department of Education may expend up to $550,000 from the
SECTION 45. The
amendments to ORS 327.008 by section 44 of this 2007 Act apply to
SECTION 46.
ORS 328.542 is amended to read:
328.542. Subject to the
Local Budget Law (ORS 294.305 to 294.565) and to sections 11 and 11b, Article
XI, Oregon Constitution, each school district board shall prepare annually
or biennially the budget of the school district and shall certify ad
valorem property taxes to the assessor as provided by law.
SECTION 47. (1)
There is established a Board of Directors of the Oregon School for the
Deaf, consisting of seven members of whom at least four are persons who are
deaf. The members shall be appointed by the Governor as follows:
(a) One member who has
attended the
(b) One member who is
deaf;
(c) One member who is a
professional with experience working with persons who are deaf;
(d) One member who is a
professional with experience working with regional programs for persons who are
deaf;
(e) One member of the
business community; and
(f) Two members who are
parents of a child who is deaf.
(2) The term of office
of each member is four years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the Governor shall appoint
a successor whose term begins on July 1 next following. A member is eligible
for reappointment. If there is a vacancy for any cause, the Governor shall make
an appointment to become immediately effective for the unexpired term.
(3) A member of the
board is not entitled to compensation but may be reimbursed for expenses as
provided in ORS 292.495.
SECTION 48. (1)
The Board of Directors of the
(2) Notwithstanding the
term of office specified by section 47 of this 2007 Act, of the members first
appointed to the board:
(a) One shall serve for
a term ending July 1, 2008.
(b) Two shall serve for
terms ending July 1, 2009.
(c) Two shall serve for
terms ending July 1, 2010.
(d) Two shall serve for
terms ending July 1, 2011.
SECTION 49. (1)
The Board of Directors of the Oregon School for the Deaf shall select one of
its members as chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the functions of such
offices as the board determines.
(2) A majority of the
members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet
at times and places specified by the call of the chairperson or of a majority
of the members of the board.
SECTION 50. The
Board of Directors of the
(1) Periodically, in
conjunction with the Department of Education, conduct a comprehensive review of
policies and procedures of the Oregon School for the Deaf and of the state that
relate to programs, services and employment of staff for the school;
(2) Make recommendations
to the Superintendent of Public Instruction about policies and procedures of the
school that relate to programs, services and employment of staff for the
school;
(3) Establish an
interview committee as necessary to provide advice to the Superintendent of
Public Instruction on the hiring of a director for the school;
(4) Make recommendations
to the superintendent about candidates for the director position;
(5) Make recommendations
to the department about the school’s budget and funding requests; and
(6) Make recommendations
to the department about the expenditure of private donations and grants
received by the department on behalf of the school.
SECTION 51. (1)
The Board of Directors of the
(2) The board shall
include the input of stakeholders in the school in the development of the plan,
including school districts, education service districts, students, graduates of
the school and parents and guardians of students at the school.
(3) The plan shall
include, but not be limited to, recommendations for:
(a) Procedures for
systematically measuring the school’s progress toward meeting its objectives;
(b) Procedures for
analyzing changes in student population and modifying school programs and
services to respond to the changes; and
(c) The delivery of the
school’s services to school districts and education service districts.
(4) The plan shall honor
deaf culture.
(5) The plan shall be in
effect for a period of five years and shall be reviewed for needed modification
every two years.
(6) Prior to February 1
of each odd-numbered year, the board shall submit the plan to the
Superintendent of Public Instruction and the Legislative Assembly. The board
shall also include the plan in the presentation to the Joint Legislative
Committee on Ways and Means on the budget of the school.
SECTION 52. (1)
There is established a Board of Directors of the Oregon School for the
Blind, consisting of seven members of whom at least three are persons who are
blind. The members shall be appointed by the Governor as follows:
(a) One member who has
attended the
(b) One member who is a
professional with experience working with regional programs for persons who are
blind;
(c) One member of the
business community;
(d) One member who is a
parent of a child who is blind;
(e) One member who
serves on the Commission for the Blind or who is a staff person of the
commission; and
(f) Two members who
represent consumer groups that focus on issues relating to persons who are
blind.
(2) The term of office
of each member is four years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
(3) A member of the
board is not entitled to compensation but may be reimbursed for expenses as
provided in ORS 292.495.
SECTION 53. (1)
The Board of Directors of the
(2) Notwithstanding the
term of office specified by section 52 of this 2007 Act, of the members first
appointed to the board:
(a) One shall serve for
a term ending July 1, 2008.
(b) Two shall serve for
terms ending July 1, 2009.
(c) Two shall serve for terms
ending July 1, 2010.
(d) Two shall serve for
terms ending July 1, 2011.
SECTION 54. (1)
The Board of Directors of the Oregon School for the Blind shall select one of
its members as chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the functions of such
offices as the board determines.
(2) A majority of the
members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet
at times and places specified by the call of the chairperson or of a majority
of the members of the board.
SECTION 55. The
Board of Directors of the
(1) Periodically, in
conjunction the Department of Education, conduct a comprehensive review of
policies and procedures of the Oregon School for the Blind and of the state
that relate to programs, services and employment of staff for the school;
(2) Make recommendations
to the Superintendent of Public Instruction about policies and procedures of
the school that relate to programs, services and employment of staff for the
school;
(3) Establish an
interview committee as necessary to provide advice to the Superintendent of
Public Instruction on the hiring of a director for the school;
(4) Make recommendations
to the superintendent about candidates for the director position;
(5) Make recommendations
to the department about the school’s budget and funding requests; and
(6) Make recommendations
to the department about the expenditure of private donations and grants
received by the department on behalf of the school.
SECTION 56. (1)
The Board of Directors of the
(2) The board shall
include the input of stakeholders in the school in the development of the plan,
including school districts, education service districts, students, graduates of
the school and parents and guardians of students at the school.
(3) The plan shall
include, but not be limited to, recommendations for:
(a) Procedures for
systematically measuring the school’s progress toward meeting its objectives;
(b) Procedures for
analyzing changes in student population and modifying school programs and
services to respond to the changes; and
(c) The delivery of the
school’s services to school districts and education service districts.
(4) The plan shall honor
blind culture.
(5) The plan shall be in
effect for a period of five years and shall be reviewed for needed modification
every two years.
(6) Prior to February 1
of each odd-numbered year, the board shall submit the plan to the
Superintendent of Public Instruction and the Legislative Assembly. The board
shall also include the plan in the presentation to the Joint Legislative
Committee on Ways and Means on the budget of the school.
SECTION 57.
ORS 179.210 is amended to read:
179.210. (1) The
Department of Human Services, the Department of Corrections and the
Superintendent of Public Instruction may audit, allow and pay a claim for
damage to property made by an employee of one of those agencies if:
(a) The damage to
property arises out of the claimant’s employment at one of the institutions or
facilities operated by the Department of Human Services or the Department of
Corrections, or one of the [facilities]
schools operated by the Superintendent of Public Instruction under ORS
346.010; and
(b) The employee files a
written claim with the employee’s employer within 180 days after the employee
discovers or should have discovered the damage.
(2) No claim under
subsection (1) of this section shall be paid:
(a) That exceeds, in the
aggregate with payments of other claims, the moneys appropriated for such
purpose.
(b) To the extent that
the person incurring damage has been or may be compensated by liability
insurance or otherwise.
(c) If the Department of
Human Services, the Department of Corrections or the Superintendent of Public
Instruction determines the cause or occasion of the accident resulting in
damage is chargeable to the conduct or negligence of the party damaged.
SECTION 58.
ORS 179.460 is amended to read:
179.460. (1) In order to
encourage industry and thereby increase productiveness in the institutions, the
Department of Corrections and the Department of Human Services shall prescribe
rules and regulations for the sale and exchange of surplus products of each.
(2) The funds derived
from the sale of the surplus products shall be paid into the State Treasury and
become a part of a fund to be known as the State Institutional Betterment Fund,
which fund shall be expended by the Department of Corrections and the
Department of Human Services, respectively, for the benefit of the institutions
in proportion to the amount earned by each.
(3) The provisions of
this section apply to [facilities] schools
operated under ORS 346.010.
SECTION 59.
ORS 181.539 is amended to read:
181.539. (1) For the
purpose of requesting a state or nationwide criminal records check under ORS
181.534, the Teacher Standards and Practices Commission and the Department of
Education may require the fingerprints of:
(a) A person who is
applying for initial issuance of a license under ORS 342.120 to 342.430 as a
teacher, administrator or personnel specialist if the person has not submitted
to a criminal records check by the commission within the previous year.
(b) A person who is
applying for reinstatement of a license as a teacher, administrator or
personnel specialist whose license has lapsed for at least three years.
(c) A person who is
applying for initial issuance of a certificate under ORS 342.475 as a school
nurse.
(d) A school district or
private school contractor, whether part-time or full-time, or an employee
thereof, whether part-time or full-time, who has direct, unsupervised contact
with students as determined by the district or private school.
(e) A person newly
hired, whether part-time or full-time, by a school district or private school
in a capacity not described in paragraphs (a) to (c) of this subsection who has
direct, unsupervised contact with children as determined by the district or
private school.
(f) A person employed,
whether part-time or full-time, by a school district or private school in a
capacity not described in paragraphs (a) to (c) of this subsection who has
direct, unsupervised contact with children as determined by the district or
private school.
(g) A person who is
registering with the commission for student teaching, practicum or internship
as a teacher, administrator or personnel specialist, if the person has not
submitted to a criminal records check by the commission within the previous
year for student teaching, practicum or internship as a teacher, administrator
or personnel specialist.
(h) A person who is a
community college faculty member providing instruction at a kindergarten
through grade 12 school site during the regular school day.
(i) A person who is an
employee of a public charter school.
(j) A person who is
applying for initial issuance of a registration as a public charter school
teacher under ORS 342.125.
(2) Notwithstanding
subsection (1) of this section, the commission and the department may not
require fingerprints of a person described in subsection (1)(d), (e), (f), (h)
or (i) of this section if the person or the person’s employer was checked in
one school district or private school and is currently seeking to work in
another district or private school unless the person lived outside this state
during the interval between the two periods of time of working in the district
or private school.
(3) Nothing in this
section requires a person described in subsection (1)(d), (e) or (i) of this
section to submit to fingerprinting until the person has been offered
employment or a contract by a school district or private school. Contractor
employees shall not be required to submit to fingerprinting until the
contractor has been offered a contract.
(4) As used in this
section:
(a) “Private school”
means a school that provides educational services as defined in ORS 345.505 and
is registered as a private school under ORS 345.505 to 345.575.
(b) “School district”
means:
(A) A school district as
defined in ORS 330.003.
(B) The
(C) The
(D) An educational
program under the Youth Corrections Education Program.
(E) A public charter
school as defined in ORS 338.005.
(F) An education service
district.
SECTION 60.
ORS 238.350 is amended to read:
238.350. (1)(a) Upon the
request by a public employer that its employees be compensated for accumulated
unused sick leave with pay in the form of increased retirement benefits upon
service or disability retirement, the board shall establish a procedure for
adding to the gross amount of salary used in determining final average salary
the monetary value of one-half of the accumulated unused sick leave with pay of
each retiring employee of the requesting public employer and shall establish
benefits of the retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a
common school district, a union high school district, an education service
district or a community college, or employees of the State Board of Higher
Education engaged in teaching or other school activity at an institution of
higher education, or employees of [state]
schools [for the deaf or blind]
operated under ORS 346.010 engaged in teaching or other school activity,
who are employed under contract for a period of less than 12 consecutive months
and who are entitled to sick leave with pay of less than 96 hours for a year,
each hour of accumulated unused sick leave with pay shall be valued on the
basis of the actual number of contract hours of employment during the last year
of contributing membership of an employee before retiring and the salary of the
employee during the same period. This paragraph does not apply to any employee
who is employed under contract for 12 consecutive months in any of the three or
less years used in determining the final average salary of the employee.
(c) For the purpose of
this subsection, accumulated unused sick leave with pay includes unused sick
leave with pay accumulated by an active member of the system while in the
service of any public employer participating in the system that has the request
described in paragraph (a) of this subsection in effect at the time of the
member’s separation from the service of the employer, whether that employer is
or is not the employer of the member at the time of the member’s retirement.
(d) The board shall
establish rules requiring all public employers participating in the system to
transmit to the board reports of unused sick leave with pay accumulated by
their employees who are members of the system and to provide timely notification
to each of those employees of unused sick leave with pay accumulated by the
employee and reported to the board.
(2) Accumulated unused
sick leave with pay may be considered for the purpose of subsection (1) of this
section only in accordance with the following requirements:
(a) Sick leave not
credited at the rate actually provided by the public employer may not be
considered. The amount of sick leave exceeding an amount credited at the lowest
rate in effect for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a rate of eight
hours for each full month worked, may not be considered.
(b) Sick leave credited
for periods when an employee was absent from employment on sabbatical leave,
educational leave or any leave without pay may not be considered.
(c) Any period during
which an employee was absent from employment for illness or injury that was
charged against sick leave not qualified for consideration shall be deducted
from sick leave qualified for consideration.
(d) Sick leave for any
period for which the public employer provides no sick leave with pay for its
employees may not be considered.
(e) Sick leave
accumulated on and after July 1, 1973, may be considered only to the extent it
is supported by records of accumulation and use pursuant to a plan adopted
formally by the public employer.
(f) Accumulated unused
sick leave for periods before July 1, 1973, may be considered as follows:
(A) If any department,
bureau or other organizational unit of a public employer maintained formal
records of accumulation and use even though the public employer did not require
that those records be maintained, the accumulated unused sick leave shall be
considered according to those records.
(B) Where the public
employer provided sick leave before July 1, 1973, but formal records of
accumulation and use were not required or if required, are unavailable or
incomplete, or the sick leave was subject to administrative limitations on
total accumulation or transfer between public employers, accumulated unused
sick leave for periods before July 1, 1973, may be considered as equal to 2.675
hours for each full month worked or an amount per month equal to the average
monthly accumulation by an employee during the period beginning July 1, 1973,
and ending at the time of retirement, whichever amount is greater, but reduced
by the amount of any accumulated unused sick leave credited to the employee on
July 1, 1973.
(g) The written
certification of a member or former member of the Legislative Assembly shall
constitute a formal record of accumulation and use in determining the amount of
accumulated unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for periods of
employment before July 1, 1981. Sick leave accumulated on and after July 1,
1981, by employees of the Legislative Assembly, either of its houses or any of
its committees or officers may be considered only to the extent it is supported
by records of accumulation and use maintained by the Legislative Administration
Committee, or any statutory, standing, special or interim committee of the
Legislative Assembly or either house thereof, or any constitutional or
statutory office of the Legislative Assembly or either house thereof, pursuant
to a plan adopted formally by the committee or officer.
(3)(a) As used in this
subsection, “legislative employee” means any person employed by the Legislative
Assembly, either of its houses or any of its committees or officers, but does
not include a regular employee of a statutory committee or statutory office of
the Legislative Assembly described in ORS 173.005 (1).
(b) Upon the request of
a retiring legislative employee who is a member of the system, and the request
of the public employer of the legislative employee, that the legislative
employee be compensated for accumulated unused vacation with pay for periods of
legislative employment in the form of increased retirement benefits upon
service or disability retirement, the board shall add to the gross amount of
salary used in determining final average salary of the legislative employee the
monetary value of one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the legislative
employee on the basis of a final average salary reflecting that addition.
(c) Accumulated unused
vacation with pay may be considered for the purposes of paragraph (b) of this
subsection only in accordance with the following requirements:
(A) Vacation not
credited at the rate actually provided by the public employer may not be
considered.
(B) Amounts of vacation
exceeding amounts creditable to employees in the classified service of the
state service pursuant to ORS 240.515 (1), and rules adopted pursuant thereto,
in effect on June 30, 1981, shall not be considered.
(C) Vacation accumulated
before, on and after July 1, 1981, may be considered only to the extent it is
supported by records of accumulation and use pursuant to a plan adopted
formally by the public employer. However, the written certification of a member
or former member of the Legislative Assembly shall constitute a formal record
of accumulation and use in determining the amount of accumulated unused
vacation of a legislative employee for periods of legislative employment before
July 1, 1981.
(4) Employers with plans
providing payments on account of sickness in lieu of sick leave with pay may
request the board to consider the monetary value of accumulated unused payments
on account of sickness as if such payments were an equivalent amount of
accumulated unused sick leave with pay under the same terms and conditions
specified in subsections (1) and (2) of this section.
SECTION 61.
ORS 240.205 is amended to read:
240.205. The
unclassified service shall comprise:
(1) One executive
officer and one secretary for each board or commission, the members of which
are elected officers or are appointed by the Governor.
(2) The director of each
department of state government, each full-time salaried head of a state agency
required by law to be appointed by the Governor and each full-time salaried
member of a board or commission required by law to be appointed by the
Governor.
(3) The administrator of
each division within a department of state government required by law to be
appointed by the director of the department with the approval of the Governor.
(4) Principal assistants
and deputies and one private secretary for each executive or administrative
officer specified in ORS 240.200 (1) and in subsections (1) to (3) of this
section. “Deputy” means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this section who is
authorized to exercise that officer’s authority upon absence of the officer. “Principal
assistant” means a manager of a major agency organizational component who
reports directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is designated as such
by that executive or administrative officer with the approval of the Director
of the Oregon Department of Administrative Services.
(5) Employees in the
Governor’s office and the principal assistant and private secretary in the
Secretary of State’s division.
(6) The [deans, professors] director,
principals, instructors and teachers in [facilities]
schools operated under ORS 346.010.
(7) Apprentice trainees
only during the prescribed length of their course of training.
(8) Licensed physicians
and dentists employed in their professional capacities and student nurses,
interns, and patient or inmate help in state institutions.
(9) Lawyers employed in
their professional capacities.
(10) All members of the
Oregon State Police appointed under ORS 181.250 and 181.265.
(11) Deputy
superintendents and associate superintendents in the Department of Education.
(12) Temporary seasonal
farm laborers engaged in single phases of agricultural production or
harvesting.
(13) Any individual
employed and paid from federal funds received under the Emergency Job and
Unemployment Assistance Act of 1974 (United States Public Law 93-567) or any
other federal program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as classified employees
for purposes of ORS 243.650 to 243.782.
(14) Managers,
department heads, directors, producers and announcers of the state radio and
television network.
(15) Employees,
including managers, of the foreign trade offices of the Economic and Community
Development Department located outside the country.
(16) Any other position
designated by law as unclassified.
SECTION 62.
ORS 240.240 is amended to read:
240.240. (1) The
unclassified service or, except as provided in ORS 240.250, the management
service shall not be subject to this chapter, except that employees and
officers in the unclassified or management service shall be subject to the
laws, rules and policies pertaining to any type of leave with pay except as
otherwise provided in subsections (4) and (5) of this section, and shall be
subject to the laws, rules and policies pertaining to salary plans except as
otherwise provided in subsections (3) and (5) of this section.
(2) With regard to any
unclassified or management service position for which the salary is not fixed
by law, and except as otherwise provided in subsections (3) and (5) of this
section, the Personnel Division shall adopt a salary plan which is equitably
applied to various categories in the unclassified or management service and is
in reasonable conformity with the general salary structure of the state. The
division shall maintain this unclassified and management salary plan in
accordance with the procedures established for the classified salary plan as
provided in ORS 240.235.
(3) The Secretary of
State and the State Treasurer, for the purpose of maintaining a salary plan for
unclassified and management service positions in their departments, may request
the advice and assistance of the division.
(4) With regard to unclassified
instructors and teachers under annual teaching contracts for an academic year
in [facilities] schools
operated under ORS 346.010, arrangements for leave with pay shall be
established by the Department of Education.
(5) With regard to
unclassified positions in the Economic and Community Development Department’s
foreign offices, the salary plan and arrangements for leave with pay shall be
established by the Director of the Economic and Community Development
Department.
SECTION 63.
ORS 326.603 is amended to read:
326.603. (1)(a) A school
district shall send to the Department of Education for purposes of a criminal
records check any information, including fingerprints, for each person
described in ORS 181.539 (1)(d), (e), (f), (h) or (i).
(b) A private school may
send to the Department of Education for purposes of a criminal records check
any information, including fingerprints, for each person described in ORS
181.539 (1)(d), (e), (f) or (h).
(2) The Department of
Education shall request that the Department of State Police conduct a criminal
records check as provided in ORS 181.534 and may charge the district or private
school a fee as established by rule under ORS 181.534. The school district or
private school may recover its costs or a portion thereof from the person
described in ORS 181.539 (1)(d), (e), (f), (h) or (i). If the person described
in ORS 181.539 (1)(e), (f) or (i) requests, the district shall and a private
school may withhold the amount from amounts otherwise due the person, including
a periodic payroll deduction rather than a lump sum payment.
(3)(a) If the
Superintendent of Public Instruction informs the school district that the
person has been convicted of a crime listed in ORS 342.143 or has made a false
statement as to the conviction of a crime, the superintendent shall notify the
school district of the fact and the district shall not employ or contract with
the person. Notification by the superintendent that the school district shall
not employ or contract with the person shall remove the person from any school
district policies, collective bargaining provisions regarding dismissal
procedures and appeals and the provisions of ORS 342.805 to 342.937.
(b) The Superintendent
of Public Instruction shall notify the private school if the person has been
convicted of a crime listed in ORS 342.143 or has made a false statement as to
the conviction of a crime. Based on the notice, the private school may choose
not to employ or contract with the person.
(4) If a person
described in subsection (1) of this section refuses to consent to the criminal
records check or refuses to be fingerprinted or if the person falsely swears to
the nonconviction of a crime, the district shall terminate the employment or
contract status of the person. Termination under this subsection removes the
person from any school district policies, collective bargaining provisions
regarding dismissal procedures and appeals and the provisions of ORS 342.805 to
342.937.
(5) A school district
may not hire or continue to employ or contract with or allow the contractor to
continue to assign a person to the school project if the person described in
subsection (1) of this section has been convicted of a crime according to the
provisions of ORS 342.143.
(6) As used in this section
and ORS 326.607:
(a) “Private school”
means a school that provides educational services as defined in ORS 345.505 and
is registered as a private school under ORS 345.505 to 345.575.
(b) “School district”
means:
(A) A school district as
defined in ORS 330.003.
(B) The
(C) The
(D) An educational
program under the Youth Corrections Education Program.
(E) A public charter
school as defined in ORS 338.005.
(F) An education service
district.
SECTION 64.
ORS 329.489 is amended to read:
329.489. (1) Within the
State of Oregon’s kindergarten through grade 12 education system, proficiency
for students in American Sign Language shall be in accordance with rules
adopted by the State Board of Education pursuant to ORS chapter 329 and any
other applicable state or federal law.
(2) The State Board of
Education is encouraged to continue to:
(a) Coordinate with the
State Board of Higher Education and the
(b) Implement programs
to locate and prepare qualified teachers and interpreters of American Sign
Language; and
(c) Assist public high
schools in identifying local and regional needs and resources available for
American Sign Language courses.
SECTION 65.
ORS 336.790 is amended to read:
336.790. As used in ORS
336.790 to 336.815, unless the context requires otherwise:
(1) “Commercial driver
training school” means a school operated by a person issued a commercial driver
training school certificate by the Department of Transportation under ORS
822.515.
[(2) “Facility” means any facility for the deaf operated under ORS
346.010.]
[(3)] (2) “Private school” means a private or parochial high
school.
[(4)] (3) “Public school” means a common or union high school
district, education service district [and],
a community college district and the Oregon School for the Deaf.
SECTION 66.
ORS 336.800 is amended to read:
336.800. (1) Any private
school, public school[, facility] or
commercial driver training school may offer a course in traffic safety
education. The curriculum for the traffic safety education course shall be
established by the Department of Transportation under ORS 802.345.
(2) A person employed to
teach a traffic safety education course must meet qualifications established by
the department under ORS 802.345.
SECTION 67.
ORS 336.805 is amended to read:
336.805. (1) Each public
school [or facility] offering a
course in traffic safety education may charge tuition therefor and shall keep
accurate records of the cost thereof in the manner required under rules adopted
by the Department of Transportation under ORS 802.345. As provided in ORS
336.810, each public school [or facility]
shall be reimbursed $210 per pupil completing the course, including any private
school pupil completing the course in a public school [or facility].
(2) If funds available
to the Department of Transportation for the Student Driver Training Fund are
not adequate to pay all approved claims in full, public schools [and facilities] shall receive a pro rata
reimbursement based upon the ratio that the total amount of funds available
bears to the total amount of funds required for maximum allowable
reimbursement.
(3) Tuition authorized
by subsection (1) of this section shall not exceed the cost to the public
school [or facility] of providing
traffic safety education less the state reimbursement. Tuition may be reduced
or waived by a public school [or facility]
for low income pupils.
(4) A public school may
also offer a traffic safety education course to pupils in neighboring public
schools that do not offer traffic safety education.
(5) Each public school [and facility] offering a course in
traffic safety education shall adopt written policies and procedures regarding
reduced or waived tuition for low income pupils.
(6) Each public school
offering a course in traffic safety education shall adopt written policies and
procedures for the admission of pupils from neighboring public schools.
SECTION 68.
ORS 339.370 is amended to read:
339.370. As used in this
section and ORS 339.372 and 339.375:
(1) “Abuse” has the
meaning given that term in ORS 419B.005.
(2) “Disciplinary
records” means the records related to a personnel discipline action or
materials or documents supporting that action.
(3) “Education provider”
means:
(a) A school district as
defined in ORS 332.002.
(b) The
(c) The
(d) An educational
program under the Youth Corrections Education Program.
(e) A public charter
school as defined in ORS 338.005.
(f) An education service
district as defined in ORS 334.003.
(g) Any state-operated
program that provides educational services to kindergarten through grade 12
students.
(h) A private school.
(4) “Law enforcement
agency” has the meaning given that term in ORS 419B.005.
(5) “Private school”
means a school that provides educational services as defined in ORS 345.505 to
kindergarten through grade 12 students.
(6) “School board” means
the governing board or governing body of an education provider.
(7) “School employee”
means an employee of an education provider.
SECTION 69.
ORS 339.860 is amended to read:
339.860. (1) Any person
other than a student at the Oregon [State]
School for the Deaf or the Oregon [State]
School for the Blind upon successful completion of an educational program at
elementary or secondary level at a state institution shall receive a diploma
evidencing such completion issued by the common or union high school district
in which the person last resided prior to commitment to the state institution.
(2) All educational
records for the person shall be sent to the common or union high school
district issuing the diploma. The school district may make a transcript of such
records available upon request in the same manner and in the same form as it
makes any other transcript available and shall not therein indicate that any of
the educational program was completed in any state institution.
SECTION 70.
ORS 343.236 is amended to read:
343.236. (1) The
Superintendent of Public Instruction may provide special education on a local,
county or regional basis without regard to county boundaries in all areas of
the state for children who have:
(a) A visual impairment;
(b) A hearing
impairment;
(c) Blindness or
deafness, or both;
(d) An orthopedic
impairment;
(e) Autism; or
(f) Traumatic brain
injury.
(2) The Superintendent
of Public Instruction may operate and administer a local, county or regional
program of special education or the superintendent may contract for the
operation and administration of the program with a school district or an
education service district.
(3) The State Board of
Education by rule shall establish eligibility criteria and educational
standards for the programs described in subsection (1) of this section and
those programs in [facilities]
schools operated under ORS 346.010.
(4) A school district
which contracts to provide a program under this section shall be paid for the
state-approved program as determined and funded by the Legislative Assembly.
Contracting school districts are authorized to negotiate supplemental programs
with participating school districts.
SECTION 71.
ORS 346.010 is amended to read:
346.010. (1) Pursuant to
rules of the State Board of Education, the Superintendent of Public Instruction
shall provide free training and education services in schools located in
Marion County for [deaf or blind
children, or children who are both deaf and blind, in facilities located in
Marion County] children who are blind or deaf.
(2) The Superintendent
of Public Instruction shall indicate which [facilities]
school shall serve as [the school for
the deaf and] the
(3) The
superintendent may order a change in all or part in the purpose and use of [facilities] schools available
under this section whenever the superintendent determines that a change in
purpose and use will better enable the state to meet its responsibilities for
the education and training of [deaf or
blind children, or children who are both deaf and blind] children who
are blind or deaf.
[(3)] (4) The [facilities]
schools shall be operated primarily for the provision of education and
training services for children [with
sensory disabilities] who are blind or deaf who cannot be
efficiently served [under the provisions
of ORS chapter 343] in other schools or programs.
(5) The Board of
Directors of the Oregon School for the Blind or the Board of Directors of the
Oregon School for the Deaf may appeal any decision of the Superintendent of
Public Instruction made under this section to the State Board of Education. An
appeal under this subsection must be filed with the State Board of Education
within 60 days of the date of the decision by the superintendent. The State
Board of Education may uphold, modify or overturn any decision of the
superintendent under this section.
SECTION 72. Notwithstanding
ORS 346.010 (5), the Board of Directors of the Oregon School for the Blind or
the Board of Directors of the Oregon School for the Deaf may appeal any
decision of the Superintendent of Public Instruction made under ORS 346.010 on
or after January 1, 2007, to the State Board of Education if the appeal is
filed with the State Board of Education within 60 days after the date of the
first meeting of the board of directors making the appeal.
SECTION 73.
ORS 346.015 is amended to read:
346.015. (1) Prior to
convening a meeting to prepare an individual education plan for a mentally
retarded or developmentally disabled child for whom placement at a school under
ORS 346.010 may be considered, the agency that is providing the education for
the child shall notify the local community mental health and developmental
disabilities program. The mentally retarded and developmentally disabled
program mental health case manager in consultation with the Department of Human
Services shall evaluate whether the child also has needs for alternative
residential care or other support services. If the evaluation determines this
to be the case, but documents that community resources are not available to
meet these needs, the school district may proceed with the meeting to prepare
the individual education plan in which placement at a school under ORS 346.010
may be considered.
(2) An agency providing
education under subsection (1) of this section may initiate the procedure in
subsection (1) of this section for any child who is not mentally retarded or
developmentally disabled when in the agency’s judgment a treatment or
residential issue is prompting proposed placement under ORS 346.010.
(3) No child shall be
placed in a [facility] school
operated under ORS 346.010 unless the district superintendent or the
superintendent’s designee has signed a statement declaring that the district
cannot provide a free appropriate public education for the child commensurate
with the needs of the child as identified by the individual education plan of
the child and that the [facility] school
is the least restrictive environment in which the child can be educated.
(4) By rule, the State
Board of Education shall determine procedures to be followed by local education
agencies in carrying out this section.
SECTION 74.
ORS 346.017 is amended to read:
346.017. (1)
Notwithstanding ORS 346.015, the Superintendent of Public Instruction may
enroll a student in the [facilities] schools
operated under ORS 346.010 if the student is not a resident of
(2) The superintendent
may charge tuition and fees to any student who is enrolled under this section.
(3) A student who is
enrolled under this section [shall]
is not [be] considered a resident
of any school district based on the enrollment and attendance at the [facility] school.
SECTION 75.
ORS 346.019 is amended to read:
346.019. (1) There is
established an Educational Facilities Fund, separate and distinct from the
General Fund. All tuition and fees collected under ORS 346.017 and all expenses
incurred in the administration of ORS 346.017 shall be deposited to and borne
by the fund. Interest earned by the fund shall be credited to the fund.
(2) The moneys in the
fund are appropriated continuously to the [Superintendent
of Public Instruction] Department of Education for purposes of the [facilities] schools operated
under ORS 346.010.
SECTION 76.
ORS 346.020 is amended to read:
346.020. (1) The Superintendent
of Public Instruction shall prescribe the course of instruction for students
enrolled in [facilities] schools
operated under ORS 346.010. The State Board of Education shall determine the
procedures for placement, development of services and operation of the schools
in conformance with state and federal laws relating to children who are
eligible for special education and shall adopt the procedures by rule.
(2) In consultation
with the Board of Directors of the Oregon School for the Deaf or the Board of
Directors of the Oregon School for the Blind, as appropriate, the
Superintendent of Public Instruction shall select a director for each
school. The superintendent may also select teachers and other personnel
necessary to manage the [facilities]
schools in an effective and efficient manner or may delegate the
selection of teachers and other personnel to the director of the school. [The superintendent shall also designate a
well-qualified person or persons to assist in the administration of these facilities.
The superintendent shall designate which positions shall serve as supervisors
of these educational services and facilities; these designated positions shall
be in the unclassified service.]
(3) The Superintendent
of Public Instruction shall have control over persons enrolled in [these facilities] the schools and
shall direct their care and promote their mental, moral and physical welfare.
(4) The Board of
Directors of the Oregon School for the Blind or the Board of Directors of the
Oregon School for the Deaf may appeal a decision of the Superintendent of
Public Instruction to the State Board of Education if the decision was made
under subsection (2) of this section and relates to the selection or dismissal
of the director of a school. An appeal under this subsection must be filed with
the State Board of Education within 60 days of the date of the decision by the
superintendent. The State Board of Education may uphold, modify or overturn any
decision of the superintendent under this section.
SECTION 77.
ORS 346.030 is amended to read:
346.030. Application for
admission to [facilities] the
schools operated under ORS 346.010 shall be made to the Department of
Education. Application shall be made on forms which are provided by the
department.
SECTION 78.
ORS 346.041 is amended to read:
346.041. (1)
Transportation for pupils attending [facilities]
schools under ORS 346.010 is the responsibility of the pupil’s resident
school district. The district may provide transportation directly or by
agreement with another school district, a public carrier or the Department of
Education.
(2) The actual and
necessary transportation expenses incurred under subsection (1) of this
section, at a frequency consistent with a pupil’s individual education plan,
shall be considered [pupil transportation
by the district for purposes of ORS 327.035 (1989 Edition)] approved
transportation costs for purposes of ORS 327.006 and 327.033.
(3) The resident school
district shall reimburse the Department of Education for all transportation
costs the department incurs on behalf of the district within 10 days after
receipt of the itemized invoice.
(4) The payments of the
resident school districts required under subsection (3) of this section and an
amount specifically appropriated thereto shall be deposited in the State
Treasury to the credit of the Special Education Transportation Revolving
Account to be used by the Department of Education for the transportation of
pupils attending [facilities]
schools under ORS 346.010. The account shall be continuously appropriated to
the department for such purpose.
(5) Any unexpended and
unobligated balance in the Special Education Transportation Revolving Account
in excess of $70,000 as of September 1 of any year shall be transferred from
the account to the General Fund to be available for general governmental
purposes.
SECTION 79.
ORS 346.047 is amended to read:
346.047. The State Board
of Education may receive, take and hold property, both real and personal for
any [facility] school operated
under ORS 346.010 and may sell, transfer, assign, allot, set over or convey the
property pursuant to legislative authority.
SECTION 80.
ORS 346.055 is amended to read:
346.055. (1) When the [Superintendent of Public Instruction] Department
of Education has in possession or under control, in a bank account
or otherwise, funds that are the property of the students enrolled in [facilities] schools operated
under ORS 346.010 or that have been deposited for their use or for expenditure
in their behalf, the department shall deposit such funds, as they are
received, together with any such funds as heretofore have accumulated, with the
State Treasurer as a trust account, separate and distinct from the General
Fund. Interest earned by the account shall be credited to the account.
(2) [The word “funds”] As used in this
section, “funds” includes but is not [shall include, but shall not be] limited to[,] moneys deposited with the [superintendent]
department for medical care or assistance of students, moneys derived
from athletic activities, contributions for athletic, health, or recreation
projects, and any other moneys received by the [superintendent] department that are not required by law to
be credited to other state funds or accounts.
(3) The [Superintendent of Public Instruction or
designee] department is authorized to receive any of the funds
referred to in this section. The State Treasurer shall carry such funds in
separate accounts for such [institutions]
schools, but [shall] may
not credit such funds or any part thereof to any state fund for governmental
purposes.
(4) Disbursements from
the accounts for the purposes for which the contributions or payments were
made, and for payment to persons lawfully entitled thereto, may be made by the
[Superintendent of Public Instruction or
designee] department, by checks or orders drawn upon the State
Treasurer. The [superintendent]
department shall be accountable for the proper handling of the accounts.
SECTION 81.
ORS 346.080 is amended to read:
346.080. The Department
of Education shall give the notice required by ORS 332.554 to all classified
employees of the
SECTION 82.
ORS 351.117 is amended to read:
351.117. (1) If the
State Board of Higher Education determines that enrollment is sufficient to
make an American Sign Language class economically viable and if qualified
instructors are available, the board may offer to students courses for credit
in American Sign Language at any institution of higher education within the
Oregon University System. Such courses shall satisfy any second language
elective requirement.
(2) The State Board of
Higher Education is encouraged to continue to:
(a) Coordinate with the
State Board of Education and the
(b) Implement programs
to locate and prepare qualified teachers and interpreters of American Sign
Language; and
(c) Assist institutions
of higher education in identifying local and regional needs and resources
available for American Sign Language courses.
SECTION 83.
ORS 656.135 is amended to read:
656.135. (1) As used in
this section “school” means the Oregon [State]
School for the Deaf or the Oregon [State]
School for the Blind.
(2) All persons
participating as trainees in a work experience program of a school in which
such persons are enrolled are considered as workers of the school subject to
this chapter for purposes of this section.
(3) On behalf of a
school conducting a work experience program, the Department of Education shall
submit a written statement to the State Accident Insurance Fund Corporation
that includes a description of the work to be performed by such persons.
(4) Upon receiving the
written statement, the corporation may fix assumed wage rates for the persons
enrolled in the work experience program, without regard to ORS chapter 652 or
ORS 653.010 to 653.545 and 653.991, which may be used only for purposes of
computations under this chapter.
(5) The Department of
Education shall furnish the corporation with a list of the names of those
enrolled in work experience programs in the schools and shall notify the corporation
of any changes therein. Only those persons whose names appear on such list
prior to their personal injury by accident are entitled to the benefits of this
chapter and they are entitled to such benefits if injured as provided in ORS
656.156 and 656.202 while performing any duties arising out of and in the
course of their participation in the work experience program, provided the
duties being performed are among those:
(a) Described on the
application of the department; and
(b) Required of similar
full-time paid employees.
(6) The filing of claims
for benefits under this section is the exclusive remedy of a trainee or
beneficiary of the trainee for injuries compensable under this chapter against
the state, the school, the department, its officers and employees, or any
employer, regardless of negligence.
(7) The provisions of
this section shall be inapplicable to any trainee who is earning wages for such
employment.
SECTION 84. (1)
For the purpose of harmonizing and clarifying statute sections published in
Oregon Revised Statutes, the Legislative Counsel may substitute for words
designating the “Oregon State School for the Deaf,” wherever they occur in
Oregon Revised Statutes, other words designating the “Oregon School for the
Deaf.”
(2) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the “Oregon
State School for the Blind,” wherever they occur in Oregon Revised Statutes,
other words designating the “Oregon School for the Blind.”
SECTION 85. This
2007 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2007 Act takes
effect July 1, 2007.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date July 31, 2007
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