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 3513
House Bill 3450
Sponsored by Representative FLORES; Representatives BOQUIST,
BUTLER, CAMERON, DALLUM, GARRARD, GILLIAM, GIROD, HANNA,
KRIEGER, MAURER, NELSON, OLSON, RICHARDSON, SCOTT, G SMITH,
THATCHER
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.
Repeals examination requirements that apply to children who are
taught by private teacher, parent or legal guardian. Allows
exemption from compulsory school attendance laws for children
taught at direction of parent or legal guardian.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to students who are not taught in public schools;
creating new provisions; amending ORS 329.465, 334.175,
339.030, 339.460, 339.505, 339.990 and 807.066; repealing ORS
339.035; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.030 is amended to read:
339.030. (1) In the following cases, children { - shall - }
{ + are + } not
{ - be - } required to attend public full-time schools:
(a) Children being taught in a private or parochial school in
the courses of study usually taught in grades 1 through 12 in the
public schools and in attendance for a period equivalent to that
required of children attending public schools in the 1994-1995
school year.
(b) Children proving to the satisfaction of the district school
board that they have acquired equivalent knowledge to that
acquired in the courses of study taught in grades 1 through 12 in
the public schools.
(c) Children being taught { + , + } for a period equivalent to
that required of children attending public schools { + , + } by a
private teacher { + in + } the courses of study usually taught
in grades 1 through 12 in the public { - school - } { +
schools + }.
(d) Children being educated { - in the children's home - }
by a parent or legal guardian { + or at the direction of a
parent or legal guardian + }.
(e) Children excluded from attendance as provided by law.
(2) The State Board of Education by rule shall establish
procedures whereby, on a semiannual basis, an exemption from
compulsory attendance may be granted to the parent or legal
guardian of any child 16 or 17 years of age who is lawfully
employed full-time, lawfully employed part-time and enrolled in
school, a community college or an alternative education program
as defined in ORS 336.615. An exemption also may be granted to
any child who is an emancipated minor or who has initiated the
procedure for emancipation under ORS 419B.550 to 419B.558.
SECTION 2. ORS 339.460 is amended to read:
339.460. (1) { - Homeschooled students shall not be denied by
a school district - } { + A school district may not deny a
homeschooled student + } the opportunity to participate in all
interscholastic activities if the student fulfills the following
conditions:
(a) The student must meet all school district eligibility
requirements with the exception of:
(A) The school district's school or class attendance
requirements; and
(B) The class requirements of the voluntary association
administering interscholastic activities.
(b)(A) The student must achieve a minimum score on { - an
examination from the - } { + a nationally normed standardized
achievement test from a + } list adopted by { + rule by + } the
State Board of Education
{ - pursuant to ORS 339.035 - } . The { - examination - }
{ + test + } shall be taken
{ - at the end of each school year - } { + prior to August
15 + } and shall be used to determine eligibility for the
following { + school + } year. The minimum, composite test score
that a student must achieve shall place the student at or above
the 23rd percentile based on national norms. The parent or legal
guardian shall submit the
{ - examination - } { + test + } results to the school
district; or
(B) A school district may adopt alternative requirements, in
consultation with the parent or legal guardian of a homeschooled
student, that a student must meet to participate in
interscholastic activities, including but not limited to a
requirement that a student submit a portfolio of work samples to
a school district committee for review to determine whether a
student is eligible to participate in interscholastic activities.
{ - (c) Any public school student who chooses to be
homeschooled must also meet the minimum standards as described in
paragraph (b) of this subsection. The student may participate
while awaiting examination results. - }
{ - (d) Any public school student who has been unable to
maintain academic eligibility shall be ineligible to participate
in interscholastic activities as a homeschooled student for the
duration of the school year in which the student becomes
academically ineligible and for the following year. The student
must take the required examinations at the end of the second year
and meet the standards described in paragraph (b) of this
subsection to become eligible for the third year. - }
{ - (e) - } { + (c) + } The homeschooled student
{ - shall be required to - } { + must + } fulfill the same
responsibilities and standards of behavior and performance,
including related class or practice requirements, of other
students participating in the interscholastic activity of the
team or squad and shall be required to meet the same standards
for acceptance on the team or squad. The homeschooled student
must also comply with all public school requirements during the
time of participation.
{ - (f) - } { + (d) + } A homeschooled student
participating in interscholastic activities must reside within
the attendance boundaries of the school for which the student
participates.
{ + (2)(a) Any public school student who chooses to be
homeschooled must also meet the minimum standards described in
subsection (1)(b) of this section. The student may participate in
interscholastic activities while awaiting test results.
(b) Any public school student who has been unable to maintain
academic eligibility shall be ineligible to participate in
interscholastic activities as a homeschooled student for the
duration of the school year in which the student becomes
academically ineligible and for the following school year. The
student must take the required tests prior to August 15 following
the second school year and meet the minimum standards described
in subsection (1)(b) of this section to become eligible for the
third school year. + }
{ - (2) - } { + (3) + } As used in this section:
{ - (a) 'Board' means the State Board of Education. - }
{ - (b) - } { + (a) + } 'Homeschooled students' are those
children taught by private teachers, parents or legal guardians
{ + or at the direction of a parent or legal guardian + } as
described in ORS 339.030 { + (1)(c) and (d) + }.
{ - (c) - } { + (b) + } 'Interscholastic activities'
includes but is not limited to athletics, music, speech
{ - , - } and { - other - } related activities.
SECTION 3. 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 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 { + or at the direction of a 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 4. ORS 339.990 is amended to read:
339.990. Violation of ORS 339.020 { - or the requirements of
ORS 339.035 - } is a Class C violation.
SECTION 5. ORS 329.465 is amended to read:
329.465. (1) The State Board of Education shall adopt academic
content standards and requirements for the Certificate of Initial
Mastery and for Certificate of Initial Mastery subject area
endorsements.
(2) The State Board of Education shall prescribe the academic
content standards, pursuant to ORS 329.025 and 329.035, that a
student must meet in order to obtain the Certificate of Initial
Mastery or a Certificate of Initial Mastery subject area
endorsement. The Certificate of Initial Mastery and the
Certificate of Initial Mastery subject area endorsements shall be
based on a series of performance-based assessments and content
assessments benchmarked to mastery levels. The assessment methods
shall include work samples and tests. The state board shall
establish a certificate for students who, with additional
services and accommodations, do not meet the standards for the
Certificate of Initial Mastery. Students shall be allowed to
collect credentials over a period of years, culminating in a
project or exhibition that demonstrates attainment of the
required knowledge and skills that have been measured by a
variety of valid assessment methods.
(3) Requirements for the Certificate of Initial Mastery or a
Certificate of Initial Mastery subject area endorsement shall:
(a) Ensure that students have the necessary knowledge and
demonstrate the skills to read, write, problem solve, reason and
communicate;
(b) Ensure that students have the opportunity to demonstrate
the ability to learn, think, retrieve information and use
technology;
(c) Ensure that students have the opportunity to demonstrate
that they can work effectively as individuals and as an
individual in group settings; and
(d) Ensure that student assessment is based on academic content
standards.
(4)(a) The state board shall establish the minimum number of
work samples that a student must complete in each subject to
receive the Certificate of Initial Mastery or to receive a
Certificate of Initial Mastery subject area endorsement.
(b) If a school district receives the approval of the
Department of Education, the school district may require a
student, as part of the requirements for the Certificate of
Initial Mastery or a Certificate of Initial Mastery subject area
endorsement, to complete a greater number of work samples for a
particular subject than the minimum number established by the
state board.
(5) The state board shall adopt requirements for the
Certificate of Initial Mastery in mathematics, science and
English. Each school district shall implement the Certificate of
Initial Mastery in mathematics, science and English.
(6) In addition, the state board shall adopt requirements for
Certificate of Initial Mastery subject area endorsements in
history, geography, economics, civics, physical education,
health, the arts and second languages. A school district may
offer to the students of the school district a Certificate of
Initial Mastery subject area endorsement in any of the following:
(a) History, geography, economics and civics.
(b) Physical education.
(c) Health.
(d) The arts.
(e) Second languages.
(7) A student may receive a Certificate of Initial Mastery
subject area endorsement only if the student has received the
Certificate of Initial Mastery.
(8) The state board or a school district may not make the
creation of a student portfolio a requirement for the Certificate
of Initial Mastery or a Certificate of Initial Mastery subject
area endorsement.
(9) The provisions of this section may be applied individually
as appropriate to students enrolled in special education programs
under ORS chapter 343.
(10) The Department of Education shall develop procedures to
accommodate out-of-state students, students taught by a parent,
legal guardian or private teacher { + or at the direction of a
parent or legal guardian + } as described in ORS 339.030, private
school students transferring into public schools and migrant
children from other states and countries.
(11) Nothing in this section is intended to apply the
Certificates of Mastery programs or standards to private school
students or students taught by a parent, legal guardian or
private teacher { + or at the direction of a parent or legal
guardian + } as described in ORS 339.030.
SECTION 6. ORS 334.175 is amended to read:
334.175. (1) An education service district shall provide
regionalized core services to component school districts. The
goals of these services are to:
(a) Assist component school districts in meeting the
requirements of state and federal law;
(b) Improve student learning;
(c) Enhance the quality of instruction provided to students;
(d) Provide professional development to component school
district employees;
(e) Enable component school districts and the students who
attend schools in those districts to have equitable access to
resources; and
(f) Maximize operational and fiscal efficiencies for component
school districts.
(2) The services provided by an education service district
shall be provided according to a local service plan developed by
the education service district and component school districts.
The education service district and component school districts
shall develop the local service plan to meet the goals specified
in subsection (1) of this section. The local service plan must
include services in at least the following areas:
(a) Programs for children with special needs, including but not
limited to special education services, services for at-risk
students and professional development for employees who provide
those services.
(b) Technology support for component school districts and the
individual technology plans of those districts, including but not
limited to technology infrastructure services, data services,
instructional technology services, distance learning and
professional development for employees who provide those
services.
(c) School improvement services for component school districts,
including but not limited to services designed to support
component school districts in meeting the requirements of state
and federal law, services designed to allow the education service
district to participate in and facilitate a review of the state
and federal standards related to the provision of a quality
education by component school districts, services designed to
support and facilitate continuous school improvement planning,
services designed to address schoolwide behavior and climate
issues and professional technical education and professional
development for employees who provide those services.
(d) Administrative and support services for component school
districts, including but not limited to services designed to
consolidate component school district business functions
{ - , - } { + and + } liaison services between the Department
of Education and component school districts { - and
registration of children being taught by private teachers,
parents or legal guardians pursuant to ORS 339.035 - } .
(e) Other services that an education service district is
required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
(3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs.
(4) A local service plan shall also contain annual performance
measures for the education service district.
(5) A local service plan must:
(a) Be adopted by the board of the education service district.
(b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
(6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
(7) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school or a preschool.
(8) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district. In
addition, an education service district may contract with a
public or private entity for the provision of services.
SECTION 7. ORS 807.066 is amended to read:
807.066. The Department of Transportation { - shall - }
{ + may + } not issue driving privileges to a person who is
under 18 years of age unless the person:
(1) Has graduated from high school and provides the department
with proof of graduation satisfactory to the department;
(2) Has received a General Educational Development (GED)
certificate from a community college and provides the department
with proof of the certificate satisfactory to the department;
(3) Provides the department with a form provided by the
department and signed by the principal, or the designee of the
principal, of the secondary school attended by the person that
declares that the person is enrolled in a secondary school of
this state or any other state;
(4) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a General
Educational Development (GED) certificate;
(5) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a high school
diploma;
(6) Provides the department with a form provided by the
department and signed by { - the authorized representative of
the education service district or school district having
jurisdiction over the area of the person's residence that
declares that the person is being taught by a private teacher or
parent in compliance with ORS 339.035 - } { + a parent or legal
guardian of the person that declares that the person is taught by
or at the direction of the parent or legal guardian of the
person + };
(7) Provides the department with documentation satisfactory to
the department that indicates that the person is exempted from
school attendance requirements due to circumstances beyond the
control of the person; or
(8) Provides the department with documentation satisfactory to
the department that the person is exempt under ORS 339.030 (2)
from the requirement to attend school.
SECTION 8. { + Section 9 of this 2007 Act is added to and made
a part of ORS chapter 343. + }
SECTION 9. { + If a school district receives notice that a
parent or legal guardian of a child with a disability who is a
resident of the school district is educating the child pursuant
to ORS 339.030 (1)(c) or (d) or the parent or legal guardian of
the child intends to educate the child pursuant to ORS 339.030
(1)(c) or (d), the school district shall offer to the parent or
legal guardian of the child:
(1) An opportunity for the child to receive special education
and related services from the school district; and
(2) An opportunity for an individualized education program
meeting to consider providing special education and related
services to the child in conjunction with the education the child
is receiving or will receive pursuant to ORS 339.030 (1)(c) or
(d). + }
SECTION 10. { + ORS 339.035 is repealed. + }
SECTION 11. { + (1) Section 9 of this 2007 Act, the amendments
to ORS 329.465, 334.175, 339.030, 339.460, 339.505 and 339.990 by
sections 1 to 6 of this 2007 Act and the repeal of ORS 339.035 by
section 10 of this 2007 Act apply to children taught by a parent
or legal guardian or at the direction of a parent or legal
guardian on or after July 1, 2007.
(2) The amendments to ORS 807.066 by section 7 of this 2007 Act
apply to driving privileges issued on or after July 1, 2007. + }
SECTION 12. { + 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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