74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2263
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Superintendent of Public
Instruction Susan Castillo for Department of Education)
CHAPTER ................
AN ACT
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 Oregon:
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.
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(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 Oregon.
Oregon Studies instruction in Oregon government shall include
municipal, county, tribal and state government, as well as the
electoral and legislative processes.
{ - (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,
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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;
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(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; + }
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{ - (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
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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. - }
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{ - (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; - }
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{ + (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 Oregon
Report Card is to monitor trends among school districts and
Oregon's progress toward achieving the goals stated in this
chapter and the Department of Education key performance measures
established by the Oregon Progress Board.
(2) The Oregon Report Card shall include information on the
following:
(a) Student performance on Oregon state assessments and
national assessments;
(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;
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(j) Early childhood education and Oregon prekindergarten; and
(k) Programs for students with special needs. + }
{ - (2) The purpose of the Oregon Report Card is to monitor
trends among school districts and Oregon's progress toward
achieving the goals stated in this chapter. The report on the
state of the public schools shall be designed to: - }
{ - (a) Allow educators and local citizens to determine and
share successful and unsuccessful school programs; - }
{ - (b) Allow educators to sustain support for reforms
demonstrated to be successful; - }
{ - (c) Recognize schools for their progress and
achievements; and - }
{ - (d) Facilitate the use of educational resources and
innovations in the most effective manner. - }
{ - (3) The report shall contain, but need not be limited
to: - }
{ - (a) Demographic information on public school children in
this state. - }
{ - (b) Information pertaining to student achievement,
including statewide assessment data, graduation rates and dropout
rates, including progress toward achieving the education
benchmarks established by the Oregon Progress Board, with
arrangements by minority groupings where applicable. - }
{ - (c) Information pertaining to special program
offerings. - }
{ - (d) Information pertaining to the characteristics of the
school and school staff, including assignment of teachers,
experience of staff and the proportion of minorities and women
represented on the teaching and administrative staff. - }
{ - (e) Budget information, including source and disposition
of school district operating funds and salary data. - }
{ - (f) Examples of exemplary programs, proven practices,
programs designed to reduce costs or other innovations in
education being developed by school districts in this state that
show improved student learning. - }
{ - (g) Such other information as the superintendent obtains
under ORS 329.105. - }
{ - (4) In the second and subsequent years that the report is
issued, the report shall include a comparison between the current
and previous data and an analysis of trends in public
education. - }
SECTION 10. ORS 329.160 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 Oregon prekindergarten programs. { - By 1999, funding
for programs shall be available for 50 percent of children
eligible for Oregon prekindergarten programs, and, by 2004, full
funding for programs shall be available for all eligible
children. - } The Oregon prekindergarten program shall
{ - continue to - } be operated in coordination with the
federal Head Start program in order to avoid duplication of
services and so as to ensure maximum use of resources. The state
shall continue funding Oregon prekindergarten programs with a
goal to have full funding for all eligible children.
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
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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 Oregon prekindergarten
program described in ORS 329.170 to 329.200.
(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 Oregon income tax return for checkoff pursuant to application
made to the Oregon Charitable Checkoff Commission under ORS
305.690 to 305.753 by the { - State Board of Education - }
{ + department + }.
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 Oregon
prekindergarten program. + }
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 Oregon prekindergarten program. Rules
specifically shall require the Oregon prekindergarten program to
provide for parental involvement and performance standards at a
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level no less than that provided under the federal Head Start
program guidelines. Federal Head Start program guidelines shall
be considered as guidelines for the Oregon prekindergarten
program.
(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 Oregon prekindergarten program received and
designate those programs as eligible to commence operation by
July 1 of each year. When approving grant applications, to the
extent practicable, the { - State - } board { - of
Education - } shall distribute funds regionally based on
percentages of unmet needs as identified in the voluntary local
early childhood system plans that are part of the local
coordinated comprehensive plans developed under ORS 417.775 for
the county or region.
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 Oregon prekindergarten
program with the common school system;
(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 Oregon
prekindergarten program. The superintendent shall make biennial
reports to the Legislative Assembly on the effectiveness of the
program.
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
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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 Oregon income tax return for checkoff pursuant to application
made to the Oregon Charitable Checkoff Commission under ORS
305.690 to 305.753 by the State Board of Education.
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
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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:
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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 Oregon state assessments + }; or
(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.
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{ - (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) 'Mentor' means a teacher or administrator who:
(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
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(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.
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(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. - }
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{ - (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.
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(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
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provide downtown development and redevelopment assistance and
similar services to municipalities in Oregon.
(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 Oregon to build economic and
community development capacity.
(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;
Enrolled House Bill 2263 (HB 2263-C) Page 20
(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 Oregon business
and labor.
(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
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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 Oregon School for the Blind and the Oregon School
for the Deaf. + }
(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
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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 X (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
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(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
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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 United States;
(b) Did not graduate from a high school because the person was
serving in the Armed Forces of the United States;
(c) Was discharged or released under honorable conditions from
the Armed Forces of the United States;
(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 United States at any time
during:
(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 United States and was
physically present in:
(A) Operation Urgent Fury (Grenada);
(B) Operation Just Cause (Panama);
(C) Operation Desert Shield/Desert Storm (the Persian Gulf
War);
(D) Operation Restore Hope (Somalia);
(E) Operation Enduring Freedom (Afghanistan); or
(F) Operation Iraqi Freedom (Iraq); or
(c) Served in the Armed Forces of the United States in an area
designated as a combat zone by the President of the United
States.
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 Oregon's public
school students;
(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:
Enrolled House Bill 2263 (HB 2263-C) Page 25
(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.
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(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:
Enrolled House Bill 2263 (HB 2263-C) Page 27
(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.
Enrolled House Bill 2263 (HB 2263-C) Page 28
(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.
Enrolled House Bill 2263 (HB 2263-C) Page 29
However, no state funds should be appropriated for buildings such
as dormitories or athletic facilities for spectator sports. The
district should provide a substantial portion of the funds for
capital improvement as well as for operation of a community
college.
(15) State appropriations for community colleges shall be made
separately from those for other segments of education.
(16) The formula for the distribution of funds for operating
costs should reflect the heavier operating costs and capital
outlay for certain professional technical courses. Federal funds
received for professional technical training, adult basic
education, workforce development or other federal initiatives
should be used for those purposes only and be distributed
separately from funds appropriated by the state and should be
exempted from the computations of the present distribution
formula for operating costs.
(17) The cost of education to the individual should be
sufficiently low to permit students of low-income families to
attend. This is particularly true of tuition costs. However,
students should pay an amount sufficient to provide an incentive
to profit from the instructional program offered.
(18) Any eligible Oregon resident should have the right to
attend a community college even though not residing in a district
operating one, subject to the right of the governing board to
limit the size of classes and to give preference to students
residing in the district. Local school districts and education
service districts should have the authority to negotiate the
terms and conditions with the governing boards for the enrollment
of students residing in such areas.
SECTION 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
Enrolled House Bill 2263 (HB 2263-C) Page 30
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
Enrolled House Bill 2263 (HB 2263-C) Page 31
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 Oregon's
citizens, families and economy of encouraging talented and
hardworking students to stay in Oregon to pursue a post-secondary
education.
{ - (2) It is the intent of the Legislative Assembly to: - }
{ - (a) Empower students who have achieved a Certificate of
Initial Mastery with the ability to attend an Oregon institution
of higher education; and - }
{ - (b) 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 Oregon, has scored at or above a level on a
nationally recognized college admissions test as determined by
the Oregon Student Assistance Commission.
(2) Any qualified student receiving an Oregon Achievement Grant
under subsection (1) of this section must use the grant for the
purpose of study in an eligible program, as defined by rule of
the Oregon Student Assistance Commission, at an eligible
post-secondary institution.
(3) The Oregon Student Assistance Commission may not award an
Oregon Achievement Grant to a qualified student who is enrolled
in a course of study required for and leading to a degree in
theology, divinity or religious education.
(4) Each Oregon Achievement Grant shall be renewed yearly
provided that the recipient has maintained satisfactory progress
toward a first associate or baccalaureate degree as determined by
the Oregon Student Assistance Commission.
(5) Notwithstanding subsection (4) of this section, no Oregon
Achievement Grant shall be renewed after a qualified student has
reached the number of credit hours required to graduate with a
baccalaureate degree at the institution the student is attending.
SECTION 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, Oregon Laws 1995, is repealed.
(3) Section 27, chapter 660, Oregon Laws 1995, as amended by
section 2, chapter 353, Oregon Laws 1997, and section 16, chapter
303, Oregon Laws 2003, is repealed. + }
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,
Enrolled House Bill 2263 (HB 2263-C) Page 32
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 Oregon's higher
education institutions to recruit students to attend college;
(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
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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 State School Fund for the contract
described in section 42 of this 2007 Act. The amount distributed
to education service districts from the State School Fund under
this section and ORS 327.019 shall be reduced by the amount
expended by the department under this subsection. + }
SECTION 45. { + The amendments to ORS 327.008 by section 44 of
this 2007 Act apply to State School Fund distributions commencing
with the 2007-2008 distribution. + }
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 Oregon School for the Deaf;
(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,
Enrolled House Bill 2263 (HB 2263-C) Page 34
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 Oregon
School for the Deaf shall be appointed within 60 days of the
effective date of this 2007 Act.
(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 Oregon School
for the Deaf shall:
(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 Oregon
School for the Deaf shall adopt a master plan for the Oregon
School for the Deaf. The plan shall specify the mission and
objectives of the school.
(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
Enrolled House Bill 2263 (HB 2263-C) Page 35
(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 Oregon School for the Blind
or was a staff person at the school;
(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 Oregon
School for the Blind shall be appointed within 60 days of the
effective date of this 2007 Act.
(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 Oregon School
for the Blind shall:
(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
Enrolled House Bill 2263 (HB 2263-C) Page 36
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 Oregon
School for the Blind shall adopt a master plan for the Oregon
School for the Blind. The plan shall specify the mission and
objectives of the school.
(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
Enrolled House Bill 2263 (HB 2263-C) Page 37
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
Enrolled House Bill 2263 (HB 2263-C) Page 38
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 Oregon { - State - } School for the Blind.
(C) The Oregon { - State - } School for the Deaf.
(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.
Enrolled House Bill 2263 (HB 2263-C) Page 39
(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
Enrolled House Bill 2263 (HB 2263-C) Page 40
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
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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
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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.
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(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 Oregon { - State - } School for the Blind.
(C) The Oregon { - State - } School for the Deaf.
(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
Oregon { - State - } School for the Deaf to develop curricula
for American Sign Language courses;
(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
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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 Oregon { - State - } School for the Blind.
(c) The Oregon { - State - } School for the Deaf.
(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
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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 { + Oregon + } School
for the Blind { + and which school shall serve as the Oregon
School for the Deaf + }.
{ + (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
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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 Oregon. However, priority for
enrollment at the
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{ - facilities - } { + schools + } shall be given to students
who are residents of Oregon.
(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
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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.
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(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 Oregon
{ - State - } School for the Deaf and the Oregon
{ - State - } School for the Blind in the same manner and to
the same effect as notice given under ORS 332.554.
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 Oregon
{ - State - } School for the Deaf to develop curricula for
American Sign Language courses;
(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
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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. + }
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Enrolled House Bill 2263 (HB 2263-C) Page 51
Passed by House April 18, 2007
Repassed by House June 25, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 23, 2007
...........................................................
President of Senate
Enrolled House Bill 2263 (HB 2263-C) Page 52
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2263 (HB 2263-C) Page 53