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 463
Senate Bill 210
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (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.
Directs Department of Education to develop system to hold
schools and school districts accountable for student achievement
and compliance with law. Specifies requirements for local
district continuous improvement plans. Modifies requirements of
school and school district performance reports.
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
327.297, 329.075, 329.085, 329.095, 329.105, 329.445, 329.485,
329.585, 329.825 and 329.830; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 329. + }
SECTION 2. { + (1) It is the policy of the State of Oregon
that all students:
(a) Can learn;
(b) Are held to rigorous academic content standards; and
(c) Are expected to succeed.
(2) The Department of Education shall develop a system that
holds schools and school districts accountable for student
achievement and compliance with state and federal law. The system
shall have the following characteristics:
(a) Be fair, effective and efficient;
(b) Be based on reliable data;
(c) Include rewards and sanctions that are clear, fair and
predictable;
(d) Meet the requirements of state and federal law; and
(e) Be created with public input. + }
SECTION 3. 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 - } { + develop and implement accountability measures
related to school and school district achievement of state
education goals + }. 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;
{ - (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 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) - } { + (4) + } 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 4. 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),
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 5. ORS 329.095 is amended to read:
329.095. (1) The { - State Board - } { + Department + } of
Education shall require school districts and schools to conduct
self-evaluations and update their local district
{ + continuous + } improvement plans on a biennial basis. The
self-evaluation process shall involve the public in the setting
of local goals. The school districts shall ensure that
representatives from the demographic groups of their school
population are invited to participate in the development of local
district { + continuous + } improvement plans to achieve the
goals.
(2) As part of setting local goals, school districts { - are
encouraged to - } { + shall + } undertake a communications
process that involves parents, students, teachers, school
employees and community representatives to explain and discuss
the local goals and their relationship to programs under this
chapter.
(3) At the request of the school district, Department of
Education staff shall provide ongoing technical assistance in the
development and implementation of the local district
{ + continuous + } improvement plan.
(4) The local district { + continuous + } improvement plan
shall include { + :
(a) A rigorous curriculum aligned to state standards;
(b) High-quality instructional programs;
(c) Short-term and long-term professional development plans;
(d) Programs and policies to achieve a safe educational
environment;
(e) A plan for family and community engagement;
(f) Staff leadership development;
(g) High-quality data systems;
(h) Improvement planning that is data-driven;
(i) Education service plans for students who have or have not
exceeded all the academic content standards;
(j) A review of demographics, student performance, staff
characteristics and student access to, and use of, educational
opportunities; and
(k) + } District efforts to achieve local efficiencies and
efforts to make better use of resources. { - Efficiencies may
include, but are not limited to, use of magnet schools, energy
programs, public and private partnerships, staffing and other
economies. - }
{ - (5) All school districts shall, as part of their local
district improvement plan, develop programs and policies to
achieve a safe, educational environment. - }
{ - (6) Local district improvement plans shall include the
district's and school's short-term and long-term plans for staff
development. - }
{ - (7) Local district and school goals and district and
school improvement plans shall be made available to the
public. - }
{ - (8) The self-evaluations shall include a review of
demographics, student performance, student access to and
utilization of educational opportunities and staff
characteristics. However, failure to complete the self-evaluation
process shall not constitute grounds for withholding of state
moneys. - }
SECTION 6. 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) - } { + (b) + } If a school { - is within the low
performance or unacceptable performance classification in any
category - } { + receives a low grade + }, 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 - } .
{ + (c) The Department of Education shall implement a system
of progressive interventions for and provide technical assistance
to schools that do not demonstrate improvement. + }
(3) The Superintendent of Public Instruction shall include in
the school { + and district + } performance reports data
{ - for the following areas, for each school, that are - } { +
that meet the requirements adopted by the United States
Department of Education pursuant to the federal No Child Left
Behind Act of 2001 (P.L. 107-110, 115 Stat. 1425) and other data
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) Dropout rates and the number of students who dropped
out of school; - }
{ - (f) Parent and community involvement such as volunteer
hours; - }
{ - (g) Classes taught by a teacher outside the teacher's
area of certification; and - }
{ - (h) School staff, identified by category. - }
{ - (4) The Superintendent of Public Instruction shall
include in the school district performance reports data for the
following areas, for each school district, that are available to
the Department of Education from the most recent school year: - }
{ - (a) Resident students who attend a public school in
another school district; - }
{ - (b) Facilities used for distance learning; - }
{ - (c) Election results of any bond levy proposed to the
electors of the district; - }
{ - (d) Expenditures; - }
{ - (e) Level of support from the education service
district; - }
{ - (f) Administrators not assigned to a specific school; - }
{ - (g) School district staff, identified by category;
and - }
{ - (h) Students who are eligible for special education. - }
{ - (5) - } { + (4) + } The Superintendent of Public
Instruction shall notify the public and the media by January 30
of each year that school district and school performance reports
are available at schools and school districts and at the
Department of Education website and offices. The superintendent
shall also include notice that copies of school { + improvement
plans + } and { + local + } district { + continuous + }
improvement plans can be obtained from school and school district
offices. Each school district shall send a copy of the school
district and applicable school performance reports to each parent
of a child enrolled in a public school in the school district.
SECTION 7. { + The amendments to ORS 329.105 by section 6 of
this 2007 Act apply to school district and school performance
reports issued on or after July 1, 2008. + }
SECTION 8. ORS 329.445 is amended to read:
329.445. The Department of Education shall review
{ + local + } district { + continuous + } improvement plans to
ensure that the school restructuring efforts framed in this
chapter address the unique learning and developmental needs of
the middle educational levels between the early childhood
education and Certificate of Initial Mastery levels detailed in
this chapter.
SECTION 9. ORS 329.485 is amended to read:
329.485. (1)(a) The Department of Education shall implement
statewide a valid and reliable assessment system for all students
that meets technical adequacy standards. The assessment system
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) 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) 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) 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. { + A school district shall
provide the district's plan for making additional services and
alternative options available to students in the local district
continuous improvement plan. + }
(5) 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 10. ORS 329.585 is amended to read:
329.585. (1) In addition to the application described in ORS
329.575 for the Oregon 21st Century Schools Program or ORS
329.695 for the School Improvement and Professional Development
program, a school district may submit proposals to:
(a) Modify laws, rules or policies; and
(b) Implement { - district or - } school improvement
plans { + or local district continuous improvement plans + }.
(2) A district that applies under this section shall submit a
proposal in accordance with rules adopted by the State Board of
Education. When more than one school building is part of an
application, the board may require a demonstration in the
application process of coordination among such school buildings.
(3) A proposal submitted under this section shall be approved
by the school district board and by the exclusive representatives
of the teachers in the district if waiver of a collective
bargaining obligation over mandatory subjects of collective
bargaining, a right or obligation under a collective bargaining
contract or any right under ORS 243.650 to 243.782, 342.513,
342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is
required.
SECTION 11. ORS 329.825 is amended to read:
329.825. It { - shall be - } { + is + } the policy of the
State of Oregon to { + establish performance expectations and
accountability provisions to + } promote and encourage successful
and innovative schools. Success shall be determined by
establishing standards of improvement in student learning and
measuring each school's performance in meeting those standards.
Schools that meet those standards will be { - rewarded with
additional tools to further improve student learning - } { +
recognized with additional flexibility as determined by the State
Board of Education + }.
SECTION 12. ORS 329.830 is amended to read:
329.830. { - (1) - } The State Board of Education shall
establish a system of determining successful schools and
dispensing appropriate { - incentive rewards - }
{ + recognition + } to those schools. The system shall be based
on a school being the measurement unit to determine success.
School success shall be determined by measuring a school's
improvement over a specific assessment period. { - The
successful schools program shall be voluntary. - }
{ - (2) A school may submit an application to the Department
of Education for the successful schools program. The application
shall include a short statement from the school requesting
consideration for the successful schools program. The application
shall also include a copy of the school improvement plan
implemented pursuant to ORS 329.095. - }
{ - (3) A school may not amend its application after the
application is submitted without approval by the state board. A
school that has submitted an application may not submit a new
application until the assessment period has ended, unless the
school withdraws the previous application. - }
{ - (4) The department shall distribute incentive rewards to
schools that are determined to be successful schools. The board
shall establish criteria for determining successful schools. The
criteria shall include, but not be limited to: - }
{ - (a) The results from the statewide assessment system
developed pursuant to ORS 329.485; - }
{ - (b) The achievement of measurable academic goals from
school improvement plans; and - }
{ - (c) Other criteria relating to improvement in student
learning. - }
{ - (5) The department shall base the amount of the reward to
each successful school on the number of teachers employed by the
school. The minimum reward for each full-time teacher shall be
$1,000. Part-time teachers shall receive a percentage of the
reward based on the amount of time the part-time teacher worked.
Teachers hired during the assessment period shall receive a
percentage of the reward based on the length of time the teacher
worked at the school during the assessment period. - }
{ - (6) Each teacher shall individually decide how to use the
reward. A reward shall be used by a teacher for classroom
enhancements or professional development. As used in this
subsection, 'classroom enhancements' means items and activities
that will improve student learning, including, but not limited
to, books, instructional materials, multimedia equipment and
software, supplies and field trips. - }
{ - (7) The State Board of Education shall adopt any rules
necessary to implement the successful schools program. - }
SECTION 13. ORS 327.297 is amended to read:
327.297. (1) In addition to those moneys distributed through
the State School Fund, the Department of Education shall award
grants to school districts, the Youth Corrections Education
Program and the Juvenile Detention Education Program for
activities that relate to increases in student achievement,
including:
(a) Class size reduction;
(b) Increases in instructional time;
(c) Professional development;
(d) Remediation and alternative learning;
(e) Early childhood support;
(f) Services to at-risk youth;
(g) Additional instructional materials;
(h) Curriculum and instructional support;
(i) Services for English as a second language students; and
(j) Other activities approved by the State Board of Education
that are shown to have a relationship to increasing student
achievement.
(2) Each school district, the Youth Corrections Education
Program and the Juvenile Detention Education Program may apply to
the Department of Education for a grant. The department shall
review and approve applications based on criteria established by
the State Board of Education. In establishing the criteria, the
State Board of Education shall consider the recommendations of
the Quality Education Commission established under Executive
Order 99-16 and the recommendations of the Quality Education
Commission established under ORS 327.500. The applications shall
include the activities to be funded and the goals of the school
district or program for increases in student performance. The
applications shall become part of the local district
{ + continuous + } improvement plan described in ORS 329.095.
(3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section
toward the performance targets established by the Quality
Education Commissions that have been funded by the Legislative
Assembly. The evaluation shall become part of the requirements of
the department for assessing the effectiveness of the district
under ORS 329.085, 329.095 and 329.105. The department shall
ensure school district and program accountability by providing
appropriate assistance, intervening and establishing consequences
in order to support progress toward the performance targets.
(4) Each biennium the Department of Education shall report to
the Legislative Assembly on the grant program and the results of
the grant program.
(5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a
public charter school.
(b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities
specified in subsection (1) of this section.
(6)(a) The amount of each grant = the program's or school
district's ADMw X (the total amount available for the grants in
each distribution year : the total statewide ADMw).
(b) As used in this subsection:
(A) 'ADMw' means:
(i) For a school district, the extended weighted average daily
membership as calculated under ORS 327.013, 338.155 (1) and
338.165 (2);
(ii) For the Youth Corrections Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 2.0; and
(iii) For the Juvenile Detention Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 1.5.
(B) 'Total statewide ADMw' means the total extended ADMw of all
school districts plus the ADMw of the Youth Corrections Education
Program plus the ADMw of the Juvenile Detention Education
Program.
(7) Each school district or program shall deposit the grant
amounts it receives under this section in a separate account, and
shall apply amounts in that account to pay for activities
described in the district's or program's application.
(8) The State Board of Education may adopt any rules necessary
for the administration of the grant program.
SECTION 14. { + Section 2 of this 2007 Act and the amendments
to ORS 327.297, 329.075, 329.085, 329.095, 329.445, 329.485,
329.585, 329.825 and 329.830 by sections 3 to 5 and 8 to 13 of
this 2007 Act first apply to the 2008-2009 school year. + }
SECTION 15. { + 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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