74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 462
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)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Abolishes Certificate of Initial Mastery and Certificate of
Advanced Mastery.
Abolishes certain Oregon Educational Act for the 21st Century
programs.
Adds professional technical education to list of subjects that
school districts and public charter schools must offer students
and for which academic content standards are adopted.
Modifies information to be included in Oregon Report Card
issued by Superintendent of Public Instruction.
Directs schools and districts that receive federal funds to
have parental and community involvement policies. If school
district establishes child development specialist program,
specifies requirements for program.
Applies to 2008-2009 school year.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
285A.075, 285A.090, 327.023, 327.506, 329.007, 329.015,
329.025, 329.045, 329.075, 329.085, 329.105, 329.115, 329.125,
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,
329.860, 329.885, 332.114, 338.115, 339.115, 339.505, 341.009,
342.845, 348.183 and 348.186 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.
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.
(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,
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 { + and professional technical
education + };
(7) Provides students an educational background to the end that
they will function successfully in a constitutional republic, a
participatory democracy and a multicultural nation and world;
(8) Provides students with the knowledge and skills that will
provide the opportunities to succeed in the world of work, as
members of families and as citizens;
(9) Provides students with the knowledge { - , - } { +
and + } skills { - and positive attitude - } that lead to an
active, healthy lifestyle;
(10) Provides students with the knowledge and skills to take
responsibility for their decisions and choices;
(11) Provides opportunities for students to learn through a
variety of teaching strategies;
(12) Emphasizes involvement of parents and the community in the
total education of students;
(13) Transports children safely to and from school;
(14) Ensures that the funds allocated to schools reflect the
uncontrollable differences in costs facing each district;
(15) Ensures that local schools have adequate control of how
funds are spent to best meet the needs of students in their
communities; and
(16) Provides for a safe, educational environment.
SECTION 4. ORS 329.045 is amended to read:
329.045. (1) In order to achieve the goals contained in ORS
329.025 { - and 329.035 - } , the State Board of Education
shall regularly and periodically review and revise its Common
Curriculum Goals { + , performance indicators and diploma
requirements + }. This includes Essential Learning Skills and
rigorous academic content standards in mathematics, science,
English, history, geography, economics, civics, physical
education, health, the arts { + , + } { - and - } second
languages { + and professional technical education + }. 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 { + and
professional technical education + } 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.
{ + School districts and public charter schools shall also offer
students the opportunity to learn essential learning skills and
the opportunity to meet or exceed career-related learning
standards adopted by the State Board of Education. + }
SECTION 5. ORS 329.075 is amended to read:
329.075. (1) The State Board of Education shall adopt rules, in
accordance with ORS 183.750 and ORS chapter 183, as necessary for
the statewide implementation of this chapter. The rules shall be
prepared in consultation with appropriate representatives from
the educational and business and labor communities.
(2) The Department of Education shall be responsible for
{ - coordinating research, planning and public discussion so
that activities necessary to the implementation of this chapter
can be achieved - } { + implementing the provisions of this
chapter + }. Actions by the department to fulfill this
responsibility and to increase student achievement may include,
but are not limited to:
{ + (a) Developing academic content standards; + }
{ - (a) - } { + (b) + } Updating Common Curriculum Goals to
meet rigorous academic content standards { + and updating
performance indicators and diploma requirements + };
{ - (b) - } { + (c) + } Developing criterion-referenced
assessments including performance-based, content-based and other
assessment mechanisms to test knowledge and skills { + and
whether students meet the performance expectations as determined
by the board + }; { + and + }
{ - (c) Establishing criteria for Certificates of Initial
Mastery and Advanced Mastery; - }
(d) Establishing criteria for early childhood
{ - improvement - } { + education + } programs { + . + }
{ - ; - }
{ - (e) Amending the application process for school
improvement grants; - }
{ - (f) Researching and developing public school choice
plans; - }
{ - (g) Working with the Education and Workforce Policy
Advisor and the Department of Community Colleges and Workforce
Development to develop no fewer than six broad career endorsement
areas of study; and - }
{ - (h) Establishing criteria for learning options that may
include alternative learning centers. - }
{ - (3) The State Board of Education shall create, by rule, a
process for school districts to initiate and propose pilot
programs. The rules shall include a process for waivers of rules
and regulations and a process for approval of the proposed pilot
programs. - }
{ - (4) - } { + (3) + } The department { - of
Education - } shall make school districts and the public aware
of public school choice options available within our current
public education framework.
{ - (5) The Department of Education shall: - }
{ - (a) Evaluate pilot programs developed pursuant to ORS
329.690 using external evaluators to provide data that specify
the educational effectiveness, implementation requirements and
costs of the programs and to describe what training, funding and
related factors are required to replicate pilot programs that are
shown to be effective; - }
{ - (b) Present to the State Board of Education and the
appropriate legislative committee an annual evaluation of all
pilot programs; and - }
{ - (c) Include funding for the implementation and evaluation
of pilot programs in the Department of Education budget. - }
{ - (6) As used in this section: - }
{ - (a) 'Criterion-referenced assessment' means testing of
the knowledge or ability of a student with respect to some
standard. - }
{ - (b) 'Content-based assessment' means testing of the
understanding of a student of a predetermined body of
knowledge. - }
{ - (c) 'Performance-based assessment' means testing of the
ability of a student to use knowledge and skills to create a
complex or multifaceted product or complete a complex task. - }
SECTION 6. ORS 329.085 is amended to read:
329.085. (1) To facilitate the attainment and successful
implementation of educational standards under ORS 326.051 (1)(a)
{ - , - } { + and + } 329.025 { - and 329.035 - } , the
State Board of Education or its designee shall assess the
effectiveness of each public { + school, public charter school
and + } school district. The findings of the assessment shall be
reported to the { + school or + } school district within six
months.
(2) The board shall establish the standards, including
standards of accessibility to educational opportunities, upon
which the assessment is based.
(3) On a periodic basis, the board shall review
{ - existing - } { + school and school district + } standards
and { - , after public hearings and consultation with local
school officials, shall adopt by rule a revised set of
standards - } { + credit and performance requirements. The
board shall seek public input in this process + }.
SECTION 7. ORS 329.105 is amended to read:
329.105. (1) The Superintendent of Public Instruction shall
collect data and produce annual school district and school
performance reports containing information on student
performance, student behavior and school characteristics. The
purpose of the performance reports is to provide information to
parents and to improve schools through greater parental
involvement.
(2)(a) In consultation with representatives of parents,
teachers, school district boards and school administrators, the
State Board of Education shall adopt, by rule, criteria for
grading schools. Such criteria shall take into account student
performance, improvement in student performance and the
participation rate of students on the statewide assessments. The
Superintendent of Public Instruction, based on the criteria
adopted by the State Board of Education, shall assign a grade to
each school for student performance, student behavior and school
characteristics and also shall assign an overall grade to the
school. The grades shall include classifications for exceptional
performance, strong performance, satisfactory performance, low
performance and unacceptable performance.
(b) The grades received by a school shall be included in the
school district and school performance reports.
(c) If a school is within the low performance or unacceptable
performance classification in any category, the school shall file
a school improvement plan with the Superintendent of Public
Instruction and with the school district board and the 21st
Century Schools Council for the school.
(3) The Superintendent of Public Instruction shall include in
the school performance reports data for the following areas, for
each school, that are available to the Department of Education
from the most recent school year:
(a) Enrollment in English as a second language courses under
ORS 336.079;
(b) Attendance rates;
(c) School safety, such as expulsions involving weapons in the
school;
{ - (d) Students who met or exceeded standards leading to the
Certificate of Initial Mastery; - }
{ - (e) - } { + (d) + } Dropout rates and the number of
students who dropped out of school;
{ - (f) - } { + (e) + } Parent and community involvement
such as volunteer hours;
{ - (g) - } { + (f) + } Classes taught by a teacher outside
the teacher's area of certification; and
{ - (h) - } { + (g) + } School staff, identified by
category.
(4) The Superintendent of Public Instruction shall include in
the school district performance reports data for the following
areas, for each school district, that are available to the
Department of Education from the most recent school year:
(a) Resident students who attend a public school in another
school district;
(b) Facilities used for distance learning;
(c) Election results of any bond levy proposed to the electors
of the district;
(d) Expenditures;
(e) Level of support from the education service district;
(f) Administrators not assigned to a specific school;
(g) School district staff, identified by category; and
(h) Students who are eligible for special education.
(5) The Superintendent of Public Instruction shall notify the
public and the media by January 30 of each year that school
district and school performance reports are available at schools
and school districts and at the Department of Education website
and offices. The superintendent shall also include notice that
copies of school and district improvement plans can be obtained
from school and school district offices. Each school district
shall send a copy of the school district and applicable school
performance reports to each parent of a child enrolled in a
public school in the school district.
SECTION 8. 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 - } .
{ + (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;
(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; and
(j) Early childhood education and Oregon prekindergarten. + }
{ - (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 9. ORS 329.125 is amended to read:
329.125. { - The Legislative Assembly recognizes that
students in public elementary and secondary schools can best
reach the levels of performance expected under the provisions of
this chapter with parental and community participation in the
education process. It is, therefore, recommended but not required
that: - }
{ - (1) School districts provide opportunities for parents or
guardians to be involved in establishing and implementing
educational goals and to participate in decision-making at the
school site; - }
{ - (2) Employers recognize the need for parents or guardians
and members of the community to participate in the education
process not only for their own children but for the educational
system; - }
{ - (3) Employers be encouraged to extend appropriate leave
to parents or guardians to allow greater participation in that
process during school hours; - }
{ - (4) School districts enter into partnerships with
business, labor and other groups to provide workplace-based
professional development opportunities for their educational
staff; and - }
{ - (5) School districts enter into partnerships with
recreation groups, faith-based organizations, social service and
health care agencies, businesses, child care providers and other
groups that support children and families to create community
learning centers for students, parents and members of the
surrounding community. - } { + All school districts and schools
may have parental and community involvement policies. Schools and
school districts that receive federal Title I funds shall have
parental and community involvement policies that meet the
requirements of 20 U.S.C. 6318 and the requirements adopted by
the State Board of 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
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
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
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
child development plan to be included with the school district's
updated plan.
(3) The department shall review the plans annually. + }
(4) School districts may provide the { - services authorized
or required under this section - } { + child development
specialist program + } by contract with qualified state or local
programs.
SECTION 18. ORS 329.265 is amended to read:
329.265. (1) Following the close of each fiscal quarter for
which reimbursement is claimed, any district { - making the
services of - } { + that establishes + } a child development
specialist { - available - } { + program + } pursuant to ORS
329.255 { - in a state approved program - } shall file a
verified claim with the Superintendent of Public Instruction for
the reimbursement as designated in the notice of allotment for
the costs incurred by the district in providing the
{ - services of the - } child development specialist { +
program + }.
(2) If the Superintendent of Public Instruction approves the
application for reimbursement, the superintendent shall cause the
district to be reimbursed in the amount claimed in accordance
with the state approved program provided in subsection (1) of
this section. In no case shall the state reimbursement from funds
available for the child development specialist program exceed 75
percent of the approved annual cost of the program nor shall the
state's expenditure exceed the amount appropriated by the
Legislative Assembly for this purpose.
SECTION 19. ORS 329.415 is amended to read:
329.415. (1) The Department of Education shall prepare
operating guides for child development programs and for teenage
parent programs applicable to programs under ORS 329.395 to
329.425 that are consistent with requirements imposed by the
State Board of Education.
(2) The department { - of Education - } shall review
applications for approval of child development programs and
teenage parent programs and may approve those programs after
considering:
(a) The educational adequacy and type of programs.
(b) The number of students and children who are to be served by
the program.
(c) The availability of trained personnel and facilities.
(d) The need for the programs in the applying district.
(3) In approving applications for child development programs,
the department shall require that the school district use its
grant for child development curriculum and in the formulation and
initiation of on-site child development centers. Each center must
be able to accommodate from 15 to 30 full-time equivalent spaces
for children, distributed according to needs of the community.
(4) In approving applications for teenage parent programs, the
department shall require that the school district use the grant
in connection with appropriate education for teenage parents
leading to graduation and in the formulation and development of
appropriate on-site child care centers. Each center must be able
to accommodate from 15 to 30 full-time equivalent spaces for
children, distributed according to the needs of the teenage
student-parents.
{ - (5) Results of the study required by ORS 329.405 shall be
used as a basis for school district planning. - }
SECTION 20. ORS 329.451 is amended to read:
329.451. { + (1) At or before grade 12, a school district
shall award a high school diploma to a student who completes the
requirements established by the State Board of Education, the
school district and this section. + }
{ - (1) - } { + (2) + }In order to receive a high school
diploma from a school district, a student must { - meet - }
{ + satisfy + } the requirements established by the
{ - State - } board { - of Education - } { + and the school
district + } and, while in grades 9 through 12, must complete:
(a) At least 24 { - credit hours - } { + credits + }, as
defined by rule of the board;
(b) Three { - years - } { + credits + } of mathematics; and
(c) Four { - years - } { + credits + } of English.
{ - (2) - } { + (3) + } Notwithstanding subsection
{ - (1) - } { + (2) + } of this section, a school district may
award a diploma to a student who does not { - meet - }
{ + satisfy + } the requirements of subsection { - (1)(b) or
(c) - } { + (2)(b) or (c) + } of this section if the student:
(a) Has { - met or - } exceeded the academic content
standards for mathematics or English established by the
board { + , as demonstrated on 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 diploma 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, - }
{ + classroom work samples + } and other valid methods to
measure the academic content standards and to identify students
who meet or exceed the standards { - for each mastery level
leading to the Certificate of Initial Mastery, Certificate of
Initial Mastery subject area endorsements and the Certificate of
Advanced Mastery - } .
(b) The department { - of Education - } shall develop the
statewide assessment system in mathematics, science, English,
history, geography, economics and civics.
{ - (2) - } { + (3) + } School districts and public charter
schools shall implement the statewide assessment system in
mathematics, science and English. In addition, school districts
and public charter schools may implement the statewide assessment
system in history, geography, economics and civics.
{ - (3) - } { + (4) + } Each year the resident district
shall be accountable for determining the student's progress
toward achieving the academic content standards. Progress toward
the academic content standards shall be measured in a manner that
clearly enables the student and parents to know whether the
student is making progress toward meeting or exceeding the
academic content standards. In addition, the district shall adopt
a grading system based on the local school district board adopted
course content of the district's curriculum. The grading system
shall clearly enable the student and parents to know how well the
student is achieving course requirements.
{ - (4) - } { + (5) + } If a student has not met or has
exceeded all of the academic content standards, the school
district shall make additional services or alternative
educational or public school options available to the student.
{ - (5) - } { + (6) + } If the student to whom additional
services or alternative educational options have been made
available does not meet or exceed the academic content standards
within one year, the school district, with the consent of the
parents, shall make an appropriate placement, which may include
an alternative education program or the transfer of the student
to another public school in the district or to a public school in
another district that agrees to accept the student. The district
that receives the student shall be entitled to payment. The
payment shall consist of:
(a) An amount equal to the district expenses from its local
revenues for each student in average daily membership, payable by
the resident district in the same year; and
(b) Any state and federal funds the attending district is
entitled to receive payable as provided in ORS 339.133 (2).
SECTION 23. { + ORS 329.675 is added to and made a part of ORS
329.790 to 329.820. + }
SECTION 24. ORS 329.675 is amended to read:
329.675. As used in ORS { - 329.675 to 329.745 and - }
329.790 to 329.820:
(1) 'Beginning administrator' means an administrator who:
(a) Is employed as an administrator by a school district; and
(b) Has been assigned for fewer than three successive school
years as a licensed or acting administrator in any public,
private or state-operated school.
(2) 'Beginning teacher' means a teacher who:
(a) Possesses a teaching license issued by the Teacher
Standards and Practices Commission;
(b) Is employed at least half-time, primarily as a classroom
teacher, by a school district; and
(c) Has taught fewer than three successive school years as a
licensed probationary teacher in any public, private or
state-operated school.
(3) '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
(d) Has demonstrated mastery of the appropriate subject matter
knowledge and teaching and administrative skills.
(4) 'Mentorship program' means a program provided by a mentor
teacher or administrator to a beginning teacher or administrator
that includes, but is not limited to, direct classroom
observation and consultation, assistance in instructional
planning and preparation, support in implementation and delivery
of classroom instruction, development of school leadership skills
and other assistance intended to assist the beginning teacher or
administrator to become a confident and competent professional
educator who makes a positive impact on student learning.
SECTION 25. ORS 329.704 is amended to read:
329.704. (1) Nothing in this section shall interfere with the
duties, responsibilities and rights of duly elected school
district boards. There shall be established at each school a 21st
Century Schools Council. The duties of a 21st Century Schools
Council shall include but not be limited to:
(a) The development of plans to improve the professional growth
of the school's staff;
(b) The improvement of the school's instructional program;
(c) The development and coordination of plans for the
implementation of programs under this chapter at the school; { +
and + }
(d) The administration of grants-in-aid for the professional
development of teachers and classified district employees { - ;
and - } { + . + }
{ - (e) Advising the school district board in the development
of a plan for school safety and student discipline under section
5, chapter 618, Oregon Laws 2001. - }
(2) A 21st Century Schools Council shall be composed of
teachers, parents, classified employees and principals or the
principal's designee, as follows:
(a) Not more than half of the members shall be teachers;
(b) Not more than half of the members shall be parents of
students attending that school;
(c) At least one member shall be a classified employee; and
(d) One member shall be the principal of the building or the
principal's designee.
(3) In addition, other members may be as the school district
shall designate, including but not limited to local school
committee members, business leaders, students and members of the
community at large.
(4) Members of a 21st Century Schools Council shall be selected
as follows:
(a) Teachers shall be licensed teachers elected by licensed
teachers at the school site;
(b) Classified employees shall be elected by classified
employees at the school site;
(c) Parents shall be selected by parents of students attending
the school; and
(d) Other representatives shall be selected by the council.
(5) If a school district board determines that a school site is
unable to fulfill the requirements of this section or if the
needs of a school site require a different composition, the
school district board shall establish the 21st Century Schools
Council in a manner that best meets the educational needs of the
district.
(6) All 21st Century Schools Council meetings shall be subject
to the open meetings law pursuant to ORS 192.610 to 192.690.
(7) A school district may establish a district site committee
to assist in the administration of grants or in the district-wide
coordination of programs.
SECTION 26. ORS 329.860 is amended to read:
329.860. { - (1) The Department of Education in consultation
with the Department of Community Colleges and Workforce
Development and the Education and Workforce Policy Advisor shall
develop models for school districts of alternative learning
options that may include Learning Centers designed to assist
students who have left school in meeting the academic content
standards required for the Certificate of Initial Mastery through
the use of teaching strategies, technology and curricula that
emphasize the latest research and best practice. - }
{ - (2) The Learning Centers may also provide for the
integration of existing local and community programs that provide
any part of the services needed to assist individuals in meeting
the academic content standards for the Certificate of Initial
Mastery. - }
{ - (3) The centers may promote means of identifying,
coordinating and integrating existing resources and may
include: - }
{ - (a) Child care services during school hours; - }
{ - (b) After-school child care; - }
{ - (c) Parental training; - }
{ - (d) Parent and child education; - }
{ - (e) English as a second language or bilingual services
for limited proficiency students; - }
{ - (f) Health services or referral to health services; - }
{ - (g) Housing assistance; - }
{ - (h) Employment counseling, training and placement; - }
{ - (i) Summer and part-time job development; - }
{ - (j) Drug and alcohol abuse counseling; and - }
{ - (k) Family crisis and mental health counseling. - }
{ - (4) - } Education service districts, school districts or
schools, or any combination thereof, may contact any eligible
elementary or secondary school student and the student's family
if the student has ceased to attend school to encourage the
student's enrollment in an education program that may include
alternative learning options. If the student or the family cannot
be located, the name and last-known address shall be reported to
the school nearest the address. The school shall attempt to
determine if that student or family is being provided services by
this state and shall seek to assist the student or family in any
appropriate manner.
SECTION 27. ORS 329.885 is amended to read:
329.885. (1) It is the policy of the State of Oregon to
encourage educational institutions and businesses to develop, in
partnership, models for programs related to school-to-work
transitions and work experience internships { - directed by the
Oregon Educational Act for the 21st Century as described in ORS
329.005 to 329.165, 329.185, 329.445, 329.850 and 329.855 - } .
(2) From funds available, the Department of Education may
allocate to any education service district, school district,
individual secondary school or community college grants to
develop programs such as those described in subsection (1) of
this section.
(3) To receive a grant to operate a program described in
subsection (1) of this section, a business shall demonstrate to
the satisfaction of the department that the program shall:
(a) Identify groups that have been traditionally
underrepresented in the programs and internships, particularly in
health care, business and high technology employment positions.
(b) Encourage students who belong to groups identified in
paragraph (a) of this subsection, particularly students in
secondary schools and community colleges, to apply for
consideration and acceptance into a model program described in
subsection (1) of this section.
(c) Promote an awareness of career opportunities in the
school-to-work transition and the work experience internships
among students sufficiently early in their educational careers to
permit and encourage students to apply for the model programs.
(d) Promote cooperation among businesses, school districts and
community colleges in working toward the goals of the Oregon
Educational Act for the 21st Century.
(e) Develop academic skills, attitudes and self-confidence
necessary to allow students to succeed in the work environment,
including attitudes of curiosity and perseverance and the
feelings of positive self-worth that result from sustained
effort.
(f) Provide a variety of experiences that reinforce the
attitudes needed for success in the business world.
(4) The department shall direct fund recipients to adopt rules
establishing standards for approved programs under this section,
including criteria for eligibility of organizations to receive
grants, and standards to determine the amount of grants.
(5) The department may seek and receive gifts, grants,
endowments and other funds from public or private sources as may
be made from time to time, in trust or otherwise, for the use and
benefit of the purposes of the school-to-work transition and the
work experience internship programs and may expend the same or
any income therefrom according to the terms of such gifts,
grants, endowments or other funds.
SECTION 28. ORS 285A.075 is amended to read:
285A.075. (1) The Economic and Community Development
Department, through research, promotion and coordination of
activities in this state, shall foster the most desirable growth
and geographical distribution of agriculture, industry and
commerce in the state. The department shall serve as a central
coordinating agency and clearinghouse for activities and
information concerning the resources and economy of the state.
(2) The department shall have no regulatory power over the
activities of private persons. Its functions shall be solely
advisory, coordinative and promotional.
(3) The department shall administer the state's participation
in the federal Community Development Block Grant funding program
authorized by 42 U.S.C. 5301 et seq.
(4) In order to accomplish the purposes of ORS chapters 285A,
285B and 285C { - and ORS 329.905 to 329.975 - } , the
department may expend moneys duly budgeted to pay the travel and
various other expenses of industrial or commercial site location
agents, film or video production location agents, business
journal writers, elected state officials or other state personnel
whom the Director of the Economic and Community Development
Department determines may promote the purposes of this
subsection.
(5) In accordance with applicable provisions of ORS chapter
183, the department may adopt rules necessary for the
administration of laws that the department is charged with
administering.
(6) ORS 276.428, 279A.120, 279A.140, 279A.155, 279A.275,
279B.025, 279B.235, 279B.270, 279B.280, 279C.370, 279C.500 to
279C.530, 279C.540, 279C.545, 279C.800 to 279C.870, 282.020,
282.050, 282.210, 282.220, 282.230, 283.140, 459A.475, 459A.490,
653.268 and 653.269 do not apply to the department's operation of
foreign trade offices outside the state.
(7) Notwithstanding ORS 279A.140, the department may enter into
contracts for personal services as necessary or appropriate to
carry out the duties, functions and powers vested in the
department by law.
(8)(a) The department may contract directly with the Oregon
Downtown Development Association, or its successor entity, to
provide downtown development and redevelopment assistance and
similar services to municipalities in 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;
(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
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.
(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 31. ORS 327.506 is amended to read:
327.506. (1) The quality goals for the state's system of
kindergarten through grade 12 public education include those
established under ORS 329.007, 329.015, 329.025,
{ - 329.035, - } 329.045 { - , - } { + and + } 329.065 { - ,
329.465 and 329.475 - } .
(2) Each biennium the Quality Education Commission shall
determine the amount of moneys sufficient to ensure that the
state's system of kindergarten through grade 12 public education
meets the quality goals.
(3) In determining the amount of moneys sufficient to meet the
quality goals, the commission shall identify best practices that
lead to high student performance and the costs of implementing
those best practices in the state's kindergarten through grade 12
public schools. Those best practices shall be based on research,
data, professional judgment and public values.
(4) Prior to August 1 of each even-numbered year, the
commission shall issue a report to the Governor and the
Legislative Assembly that identifies:
(a) Current practices in the state's system of kindergarten
through grade 12 public education, the costs of continuing those
practices and the expected student performance under those
practices; and
(b) The best practices for meeting the quality goals, the costs
of implementing the best practices and the expected student
performance under the best practices.
(5) In addition, the commission shall provide in the report
issued under subsection (4) of this section at least two
alternatives for meeting the quality goals. The alternatives may
use different approaches for meeting the quality goals or use a
phased implementation of best practices for meeting the quality
goals.
SECTION 32. ORS 332.114 is amended to read:
332.114. (1) A person who meets the requirements under
subsection (3) of this section may request a school district to
issue the person a high school diploma if the person resides
within the boundaries of the school district or is a resident of
this state and attended a high school of the school district.
(2) A representative of a deceased person who meets the
requirements under subsection (3) of this section may request a
school district to issue a high school diploma on behalf of the
deceased person if the deceased person resided within the
boundaries of the school district at the time of death or was a
resident of this state at the time of death and attended a high
school of the school district.
(3) Notwithstanding the requirements for a high school diploma
established under ORS 329.451 and by the State Board of Education
and school districts { - under ORS 329.447 - } , a school
district that receives a request under subsection (1) or (2) of
this section shall issue a high school diploma to a person if the
person:
(a) Attended a high school before serving in the Armed Forces
of the 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 33. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, 181.539, 326.603, 326.607 and 342.232
(criminal records checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850 and 659.855 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 { - (1) - } { + (2) + };
(m) ORS 329.045 (academic content standards and instruction);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(p) ORS 339.370, 339.372 and 339.375 (reporting of child
abuse); and
(q) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma { - , certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery - } to any public charter school student who meets the
district's and state's standards for a high school diploma { - ,
certificate, Certificate of Initial Mastery or Certificate of
Advanced Mastery. If the school district offers a Certificate of
Initial Mastery subject area endorsement to students who attend
school in the district, then the school district shall offer the
endorsement to any public charter school student who meets the
district's and state's standards for the endorsement - } .
(12) A high school diploma { - , certificate, Certificate of
Initial Mastery, Certificate of Initial Mastery subject area
endorsement or Certificate of Advanced Mastery - } issued by a
public charter school grants to the holder the same rights and
privileges as a high school diploma { - , certificate,
Certificate of Initial Mastery, Certificate of Initial Mastery
subject area endorsement or Certificate of Advanced Mastery - }
issued by a nonchartered public school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 34. ORS 339.115 is amended to read:
339.115. (1) Except as provided in ORS 339.141, authorizing
tuition for courses not part of the regular school program, the
district school board shall admit free of charge to the schools
of the district all persons between the ages of 5 and 19 who
reside within the school district. A person whose 19th birthday
occurs during the school year shall continue to be eligible for a
free and appropriate public education for the remainder of the
school year. A district school board may admit nonresident
persons, determine who is not a resident of the district and fix
rates of tuition for nonresidents.
(2) A district must admit an otherwise eligible person who has
not yet attained 21 years of age prior to the beginning of the
current school year if the person is:
(a) Receiving special education and has not yet received a
{ - regular - } high school diploma; or
(b) Shown to be in need of additional education in order to
receive a diploma.
(3) The obligation to make a free appropriate public education
available to individuals with disabilities 18 through 21 years of
age who are incarcerated in an adult correctional facility
applies only to those individuals who, in their last educational
placement prior to their incarceration in the adult correctional
facility:
(a) Were identified as being a child with a disability as
defined in ORS 343.035; or
(b) Had an individualized education program as described in ORS
343.151.
(4) For purposes of subsection (3) of this section, 'adult
correctional facility' means:
(a) A local correctional facility as defined in ORS 169.005;
(b) A regional correctional facility as defined in ORS 169.620;
or
(c) A Department of Corrections institution as defined in ORS
421.005.
(5) An otherwise eligible person under subsection (2) of this
section whose 21st birthday occurs during the school year shall
continue to be eligible for a free appropriate public education
for the remainder of the school year.
(6) The person may apply to the board of directors of the
school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the local board may appeal to the
State Board of Education. The decision of the state board is
final and not subject to appeal.
(7) Notwithstanding ORS 339.133 (1), a school district shall
not exclude from admission a child located in the district solely
because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a
parent, guardian or person in a parental relationship.
(8) Notwithstanding subsection (1) of this section, a school
district:
(a) May for the remaining period of an expulsion deny admission
to the regular school to a resident student who is expelled from
another school district; and
(b) Shall for at least one calendar year from the date of the
expulsion and if the expulsion is for more than one calendar
year, may for the remaining period of time deny admission to the
regular school program to a student who is under expulsion from
another school district for an offense that constitutes a
violation of a school district policy adopted pursuant to ORS
339.250 (6).
(9) A child entering the first grade during the fall term shall
be considered to be six years of age if the sixth birthday of the
child occurs on or before September 1. A child entering
kindergarten during the fall term shall be considered to be five
years of age if the fifth birthday of the child occurs on or
before September 1. However, nothing in this section prevents a
district school board from admitting free of charge a child whose
needs for cognitive, social and physical development would best
be met in the school program, as defined by policies of the
district school board, to enter school even though the child has
not attained the minimum age requirement but is a resident of the
district.
SECTION 35. ORS 339.505 is amended to read:
339.505. (1) For purposes of the student accounting system
required by ORS 339.515, the following definitions shall be used:
(a) 'Graduate' means an individual who has:
(A) Not reached 21 years of age or whose 21st birthday occurs
during the current school year;
(B) Met all state requirements and local requirements for
attendance, competence and units of credit for high school; and
(C) Received one of the following:
(i) A high school diploma issued by a school district.
(ii) An adult high school diploma issued by an authorized
community college.
(iii) { - A modified - } { + An alternative + } high school
diploma based on the successful completion of an individual
education plan.
(b) 'School dropout' means an individual who:
(A) Has enrolled for the current school year, or was enrolled
in the previous school year and did not attend during the current
school year;
(B) Is not a high school graduate;
(C) Has not received a General Educational Development (GED)
certificate; and
(D) Has withdrawn from school.
(c) 'School dropout' does not include a student described by at
least one of the following:
(A) A student who has transferred to another educational system
or institution that leads to graduation and the school district
has received a written request for the transfer of the student's
records or transcripts.
(B) A student who is deceased.
(C) A student who is participating in home instruction paid for
by the district.
(D) A student who is being taught by a private teacher, parent
or legal guardian pursuant to ORS 339.030 (1)(c) or (d).
(E) A student who is participating in a Department of Education
approved public or private education program, an alternative
education program as defined in ORS 336.615 or a hospital
education program, or is residing in a Department of Human
Services facility.
(F) A student who is temporarily residing in a shelter care
program certified by the Oregon Youth Authority or the Department
of Human Services or in a juvenile detention facility.
(G) A student who is enrolled in a foreign exchange program.
(H) A student who is temporarily absent from school because of
suspension, a family emergency, or severe health or medical
problems that prohibit the student from attending school.
(I) A student who has received a General Educational
Development (GED) certificate.
(2) The State Board of Education shall prescribe by rule when
an unexplained absence becomes withdrawal, when a student is
considered enrolled in school, acceptable alternative education
programs under ORS 336.615 to 336.665 and the standards for
excused absences for purposes of ORS 339.065 for family
emergencies and health and medical problems.
SECTION 36. ORS 341.009 is amended to read:
341.009. The Legislative Assembly finds that:
(1) The community college is an educational institution which
is intended to fill the institutional gap in education by
offering broad, comprehensive programs in academic as well as
professional technical subjects. It is primarily designed to
provide associate or certificate degree programs for some, serve
a transitional purpose for others who will continue baccalaureate
or other college work, provide the ability to enter the workforce
immediately and serve to determine future educational needs for
other students. It can provide means for continuation of academic
education, professional technical training or the attainment of
entirely new skills as demands for old skills and old occupations
are supplanted by new technologies. It may also provide the means
to coordinate courses and programs with high schools { - to
enhance the Certificate of Advanced Mastery and - } to
accommodate successful transition to college degree programs.
(2) Each community college should be so located as to be within
commuting time of a substantial majority of its students. As an
economical method of providing education close to the student's
home, the community college should remain a commuting
institution.
(3) The community college should establish its organizational
patterns to maintain a unique quality of flexibility and the
ability to change to meet changing needs.
(4) The community college is a post-high-school institution
under the general supervision of the State Board of Education. It
should not be a 'starter' institution intended to evolve into a
four-year baccalaureate institution. It should be concerned with
programs terminating before reaching the baccalaureate degree.
(5) The community college should continue to be prohibited by
law from becoming a baccalaureate degree granting institution.
(6) Admission to the community college should be open to high
school graduates or to non-high school graduates who can profit
from the instruction offered.
(7) There should be close cooperation between those directing
the community college program and those responsible for higher
education, so that lower-division college transfer programs of
the community college will provide adequate preparation for
entering baccalaureate degree granting programs, and so that
students will be able to transfer with a minimum of difficulty.
(8) The community college should offer as comprehensive a
program as the needs and resources of the area which it serves
dictate. Cost to student and quality of instruction in
established private institutions should be among the factors in
determining necessary duplication of effort.
(9) It should be the policy of the community college to open
its facilities and make available its resources to the high
schools of its area on a sound contractual basis, for appropriate
secondary or transitional courses, either academic or
professional technical, when it is within its ability to provide
facilities and it is determined that the high school cannot or
does not offer them.
(10) Programs designed to meet the needs of the area served
should be based on the actual educational and service needs of
the district. Specific professional technical courses should be
related not only to the employment opportunities of the area but
of the state and nation as well. Such determination should be
made in consultation with representatives of labor, business,
industry, agriculture and other interested groups.
(11) The State Board of Education should be responsible for
coordinating the community college program of the state and
should have general supervisory responsibilities for that
program. The State Board of Education should prepare estimates
and make the requests for legislative appropriations for a
reasonable and consistent basis of support and establish
standards for the distribution of that support.
(12) The initiative for the establishment of new community
colleges should come from the localities to be served, as a
response to demonstrated educational needs of an area. However,
these localities must not only be willing to assume the
responsibility for the institutions but must be able to provide
resources needed for an adequate educational and service program.
(13) The governing board of the community college should be
charged with the policy-making function. With respect to
educational programming, the governing board should in
cooperation with the State Board of Education:
(a) Identify educational needs of the district; and
(b) Bring together the resources necessary to meet the needs.
(14) The state should maintain a policy of substantial state
participation in community college building costs and the
maintenance of an adequate level of state support for operation.
However, no state funds should be appropriated for buildings such
as dormitories or athletic facilities for spectator sports. The
district should provide a substantial portion of the funds for
capital improvement as well as for operation of a community
college.
(15) State appropriations for community colleges shall be made
separately from those for other segments of education.
(16) The formula for the distribution of funds for operating
costs should reflect the heavier operating costs and capital
outlay for certain professional technical courses. Federal funds
received for professional technical training, adult basic
education, workforce development or other federal initiatives
should be used for those purposes only and be distributed
separately from funds appropriated by the state and should be
exempted from the computations of the present distribution
formula for operating costs.
(17) The cost of education to the individual should be
sufficiently low to permit students of low-income families to
attend. This is particularly true of tuition costs. However,
students should pay an amount sufficient to provide an incentive
to profit from the instructional program offered.
(18) Any eligible 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
332.002, an education service district, a state-operated school
or any legally constituted combination of such entities + }.
(b) No teacher shall be deprived of employment status solely
because the duties of employment have been assumed or acquired by
another school district or education service district pursuant to
a transfer of juvenile detention education program
responsibilities to another school district or education service
district. Where such reorganization occurs, a teacher shall be
transferred to the employment of the school district or education
service district that assumed or acquired program
responsibilities. The teacher shall be allowed to transfer
accrued sick leave, seniority and status as a contract teacher.
However, the district to which the program is transferred is
obligated to hire displaced teachers only to the extent that such
would complement a cost-effective staffing plan in the
reorganized program.
(5)(a) An administrator shall serve a probationary period that
does not exceed three years, unless the administrator and the
school district mutually agree to a shorter time period.
Following a probationary period, an administrator shall be
employed by a school district pursuant to a three-year employment
contract. An administrator may be dismissed or have a reduction
in pay during the term of a contract for any reason set forth for
dismissal of a teacher in ORS 342.865, or pursuant to ORS 342.934
(5). If an administrator is dismissed or has a reduction in pay
during the term of the contract, the administrator may appeal to
the Fair Dismissal Appeals Board in the same manner as provided
for the appeal of a dismissal or a nonextension of a contract
teacher. An administrator may not appeal the nonextension of a
contract to the Fair Dismissal Appeals Board.
(b) The administrator may be assigned and reassigned at will
during the term of the contract.
(c) The district school board may elect not to extend the
administrator's contract for any cause the school board in good
faith considers sufficient. Prior to March 15 of the second year
of the administrator's contract, the school board shall take one
of the following actions:
(A) Issue a new three-year contract effective July 1 following
the March 15 of the second year of the administrator's contract;
(B) Provide, in writing, notice that the contract will not be
renewed or extended; or
(C) Extend the existing contract for a period of not more than
one year.
(6) If an administrator receives notice of contract
nonextension prior to the expiration of the administrator's
contract, the administrator shall have the right to fill any
vacant teaching position in the district for which the contract
administrator is licensed and competent as defined in ORS
342.934, provided the administrator has three years' teaching
experience in Oregon that has been successful, in the judgment of
the district superintendent.
SECTION 38. ORS 348.183 is amended to read:
348.183. { - (1) - } The Legislative Assembly recognizes:
{ - (a) - } { + (1) + } That an investment in educational
opportunities for all Oregonians is an investment in a strong and
stable economy and greater personal opportunities;
{ - (b) - } { + (2) + } That the single largest barrier to
attending an institution of higher education is lack of finances;
{ - (c) - } { + (3) + } The broad and diverse range of
quality post-secondary educational services provided by Oregon's
institutions of higher education, including Oregon's community
colleges, state institutions and independent not-for-profit
institutions of higher education; and
{ - (d) - } { + (4) + } The positive effects on 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, 327.506, 329.007, 329.015, 329.025, 329.045, 329.075,
329.085, 329.105, 329.115, 329.125, 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, 329.860, 329.885, 332.114,
338.115, 339.115, 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. { + 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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