75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2362
Sponsored by Representative KOMP; Representative SHIELDS
(Presession filed.)
CHAPTER ................
AN ACT
Relating to student assessment; amending ORS 329.025 and 329.485;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
(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, and other valid methods
to measure the academic content standards and to identify
students who meet or exceed the standards.
(b) The department shall develop the statewide assessment
system in mathematics, science, English, history, geography,
economics and civics.
{ + (3) In addition to the assessment system implemented
under subsection (2) of this section, the department may make
available to school districts and public charter schools an
assessment system that uses criterion-referenced assessments
including performance-based assessments and content-based
assessments to:
(a) Measure a student's progress in achieving the academic
content standards for the student's current grade level;
(b) Determine the grade level of the understanding, knowledge
or ability of a student, which shall be determined regardless of
the actual grade level of the student and may be determined by
adapting the assessment during the assessment process as a result
of the performance of the student;
(c) Track and provide reports on the progress of a student
based on the information provided under paragraphs (a) and (b) of
this subsection; and
(d) Provide predictions of anticipated student progress that
are based on the information provided under this subsection and
not on the current grade level of the student. + }
Enrolled House Bill 2362 (HB 2362-INTRO) Page 1
{ - (3) - } { + (4)(a) + } 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.
{ + (b) School districts and public charter schools may
implement the assessment system described in subsection (3) of
this section. + }
{ - (4) - } { + (5) + } 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.
{ - (5) - } { + (6) + } 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.
{ - (6) - } { + (7) + } 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. 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 each student an education experience that
supports academic growth beyond proficiency in established
academic content standards and encourages students to attain
aspirational goals that are individually challenging; + }
{ - (3) - } { + (4) + } Provides special education,
compensatory education, linguistically and culturally appropriate
Enrolled House Bill 2362 (HB 2362-INTRO) Page 2
education and other specialized programs to all students who need
those services;
{ - (4) - } { + (5) + } Provides students with a solid
foundation in the skills of reading, writing, problem solving and
communication;
{ - (5) - } { + (6) + } Provides opportunities for students
to learn, think, reason, retrieve information, use technology and
work effectively alone and in groups;
{ - (6) - } { + (7) + } Provides for rigorous academic
content standards and instruction in mathematics, science,
English, history, geography, economics, civics, physical
education, health, the arts and second languages;
{ - (7) - } { + (8) + } 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) - } { + (9) + } 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) - } { + (10) + } Provides students with the
knowledge and skills that lead to an active, healthy lifestyle;
{ - (10) - } { + (11) + } Provides students with the
knowledge and skills to take responsibility for their decisions
and choices;
{ - (11) - } { + (12) + } Provides opportunities for
students to learn through a variety of teaching strategies;
{ - (12) - } { + (13) + } Emphasizes involvement of parents
and the community in the total education of students;
{ - (13) - } { + (14) + } Transports children safely to and
from school;
{ - (14) - } { + (15) + } Ensures that the funds allocated
to schools reflect the uncontrollable differences in costs facing
each district;
{ - (15) - } { + (16) + } Ensures that local schools have
adequate control of how funds are spent to best meet the needs of
students in their communities; and
{ - (16) - } { + (17) + } Provides for a safe, educational
environment.
SECTION 3. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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Enrolled House Bill 2362 (HB 2362-INTRO) Page 3
Passed by House March 3, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 7, 2009
...........................................................
President of Senate
Enrolled House Bill 2362 (HB 2362-INTRO) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2362 (HB 2362-INTRO) Page 5