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 281
 
                           A-Engrossed
 
                         Senate Bill 372
                 Ordered by the Senate March 21
           Including Senate Amendments dated March 21
 
Sponsored by Senators COURTNEY, DEVLIN (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.
 
  Directs Department of Education to develop statewide assessment
system in physical education. Directs school districts and public
charter schools to implement statewide assessment system in
physical education.  { + Deletes provision that State Board of
Education must adopt requirements for subject area endorsement in
physical education for Certificate of Initial Mastery. + }
Requires Superintendent of Public Instruction to include data on
statewide assessment system in physical education in school
performance reports.
 
                        A BILL FOR AN ACT
Relating to physical education; creating new provisions; and
  amending ORS 329.105, 329.465, 329.485 and 338.115.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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, 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 { +  and
physical education + }.
  (2) School districts and public charter schools shall implement
the statewide assessment system in mathematics, science { + , + }
  { - and - }  English { +  and physical education + }. 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.
  (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 2.  { + School districts and public charter schools
shall first implement the statewide assessment system in physical
education for the 2010-2011 school year. + }
  SECTION 3. 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 { +  and physical education + }. Each school
district shall implement the Certificate of Initial Mastery in
mathematics, science { + , + }   { - and - }  English { +  and
physical education + }.
  (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) - }   { + (b) + } Health.
    { - (d) - }   { + (c) + } The arts.
    { - (e) - }   { + (d) + } 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 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 as described in ORS 339.030.
  SECTION 4. 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) 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 { + ; and
  (i) Results from the statewide assessment system in physical
education + }.
  (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 5.  { + The amendments to ORS 329.105 by section 4 of
this 2007 Act apply to school performance reports issued on or
after July 1, 2011. + }
  SECTION 6. 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  { +  and physical education + } under ORS 329.485 (1);
  (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.
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