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 298
Senate Bill 370
Sponsored by Senator COURTNEY (Presession filed.)
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.
Establishes minimum amount of participation in physical
education by kindergarten through grade 8 public school students.
Specifies requirements for physical education instruction.
A BILL FOR AN ACT
Relating to physical education; creating new provisions; and
amending ORS 336.631, 338.025 and 338.115.
Whereas in Oregon 28 percent of eighth graders and 21 percent
of eleventh graders are currently overweight; and
Whereas between 1994 and 2001, obesity among Oregon adults had
increased by 59 percent, with Oregon's current adult obesity rate
estimated at 22 percent - the highest in any state west of the
Rockies; and
Whereas physical inactivity and a poor diet together account
for at least 400,000 deaths among adults in the United States
each year, which is second only to tobacco use as the leading
cause of preventable death in the United States; and
Whereas inadequate participation in physical activity is the
major contributor to the 'epidemic of obesity' that has plagued
the nation's young people during the past two decades; and
Whereas the Centers for Disease Control and Prevention, in
their Guide to Community Preventive Services, have given their
highest level of evidence-based endorsement to increasing
children's physical activity and aerobic capacity through
physical education; and
Whereas physical activity offers young people many health
benefits, including controlling weight, building lean muscle and
reducing fat, improving aerobic endurance and muscular strength,
building greater bone mass to prevent osteoporosis in adulthood,
reducing the risk of diabetes, preventing or reducing high blood
pressure, and developing healthy habits that will last a
lifetime; now, therefore,
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) Every public school student in kindergarten
through grade 8 shall participate in physical education for the
entire school year. Students in kindergarten through grade 5
shall participate in physical education for at least 150 minutes
during each school week. Students in grades 6 through 8 shall
participate in physical education for at least 225 minutes during
each school week.
(2) School districts and public charter schools shall offer
instruction in physical education that meets the academic content
standards for physical education adopted by the State Board of
Education under ORS 329.045. The instruction shall be a
sequential, developmentally appropriate curriculum that is
designed, implemented and evaluated to help students develop the
knowledge, motor skills, self-management skills, attitudes and
confidence needed to adopt and maintain physical activity
throughout their lives.
(3) School districts and public charter schools shall devote at
least 50 percent of physical education class time to actual
physical activity in each school week, with as much class time as
possible spent in moderate physical activity.
(4)(a) Notwithstanding subsections (1) and (3) of this section,
a student with disabilities shall have suitably adapted physical
education incorporated as part of the individualized education
program developed for the student under ORS 343.151.
(b) Notwithstanding subsections (1) and (3) of this section, a
student who does not have an individualized education program but
has chronic health problems, other disabling conditions or other
special needs that preclude the student from participating in
regular physical education instruction shall have suitably
adapted physical education incorporated as part of an
individualized health plan developed for the student by the
school district or public charter school.
(5) School districts and public charter schools shall assess
school curriculums at regular intervals to measure the attainment
of the minimum number of minutes that students are required to
participate in physical education under this section.
(6) All teachers of physical education for public school
students in kindergarten through grade 8 shall be adequately
prepared and shall regularly participate in professional
development activities to effectively deliver the physical
education program. + }
SECTION 3. ORS 336.631 is amended to read:
336.631. (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
(a) Annually approve the private alternative education program;
(b) Determine that the private alternative education program is
registered with the Department of Education; and
(c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c).
(2) The following laws apply to private alternative education
programs that are registered with the Department of Education
under ORS 336.635 in the same manner as the laws apply to school
districts and public schools:
(a) Federal law;
(b) ORS 181.534, 181.539, 326.603, 326.607 and 342.232
(criminal records checks);
{ + (c) Section 2 of this 2007 Act (physical education); + }
{ - (c) - } { + (d) + } ORS 337.150, 339.141, 339.147 and
339.155 (tuition and fees);
{ - (d) - } { + (e) + } ORS 659.850 and 659.855
(discrimination);
{ - (e) - } { + (f) + } Health and safety statutes and
rules; and
{ - (f) - } { + (g) + } Any statute, rule or school
district policy that is specified in a contract between the
school district board and the private alternative education
program.
(3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether
the proposed placement best serves the student's educational
needs and interests and assists the student in achieving the
district and state academic standards.
(4) Contracts between a school district and a private
alternative education program shall be included in the assessment
of effectiveness provided for in ORS 329.085.
SECTION 4. 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);
(m) ORS 329.045 (academic content standards and instruction);
{ + (n) Section 2 of this 2007 Act (physical education); + }
{ - (n) - } { + (o) + } Any statute or rule that
establishes requirements for instructional time provided by a
school during each day or during a year;
{ - (o) - } { + (p) + } ORS 339.250 (12) (prohibition on
infliction of corporal punishment);
{ - (p) - } { + (q) + } ORS 339.370, 339.372 and 339.375
(reporting of child abuse); and
{ - (q) - } { + (r) + } 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 5. ORS 338.025 is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to { - (p) - } { + (q) + }.
SECTION 6. { + Section 2 of this 2007 Act and the amendments
to ORS 336.631, 338.025 and 338.115 by sections 3 to 5 of this
2007 Act first apply to the 2008-2009 school year. + }
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