75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1877
B-Engrossed
House Bill 2507
Ordered by the Senate June 3
Including House Amendments dated April 29 and Senate Amendments
dated June 3
Sponsored by COMMITTEE ON 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.
Establishes standards for modified diploma. Creates extended
diploma and establishes standards for extended diploma. { +
Prohibits school district or public charter school from denying
student who qualifies for modified diploma or extended diploma
opportunity to pursue diploma with more stringent requirements.
Requires parent or guardian consent for award of modified diploma
or extended diploma. + }
{ - Clarifies that receipt of high school diploma, modified
diploma, extended diploma or alternative certificate does not
constitute grounds for denying person 21 years of age or younger
access to special education under federal law. - }
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to completion of high school; amending ORS 329.451,
338.115, 339.115 and 339.505 and section 3, chapter 827, Oregon
Laws 2005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 329.451 is amended to read:
329.451. (1) { + (a) + } At or before grade 12, a school
district or public charter school shall award a high school
diploma to a student who completes the requirements established
by { - the State Board of Education, the school district or
public charter school and this section. - } { + subsection (2)
of this section.
(b) A school district or public charter school shall award a
modified diploma to a student who satisfies the requirements
established by subsection (7) of this section, an extended
diploma to a student who satisfies the requirements established
by subsection (8) of this section or an alternative certificate
to a student who satisfies the requirements established by
subsection (9) of this section.
(c) A school district or public charter school may not deny a
student who has the documented history described in subsection
(7)(b) or (8)(b) and (c) of this section the opportunity to
pursue a diploma with more stringent requirements than a modified
diploma or an extended diploma for the sole reason that the
student has the documented history.
(d) A school district or public charter school may award a
modified diploma or extended diploma to a student only upon the
consent of the parent or guardian of the student. + }
(2) In order to receive a high school diploma from a school
district or public charter school, a student must satisfy the
requirements established by the { - board - } { + State Board
of Education + } and the school district or public charter school
and, while in grades 9 through 12, must complete { + at
least + }:
(a) { - At least 24 - } { + Twenty-four total + } credits
{ - , as defined by rule of the board - } ;
(b) Three credits of mathematics; and
(c) Four credits of English.
(3) Notwithstanding subsection (2) of this section, a school
district or public charter school may award a { + high
school + } diploma to a student who does not satisfy the
requirements of subsection (2)(b) or (c) of this section if the
student:
(a) Has met or exceeded the academic content standards for
mathematics or English established by the board, as demonstrated
on Oregon state assessments; or
(b) Displays proficiency in mathematics or English at a level
established by the board.
(4) A student may satisfy the requirements of subsection (2) of
this section in less than four years. If a student satisfies the
requirements of subsection (2) of this section and a school
district or public charter school has the consent of the
student's parent or guardian, the school district or public
charter school shall award a { + high school + } diploma to the
student upon request from the student.
(5) If a school district or public charter school has the
consent of a student's parent or guardian, the school district or
public charter school may advance the student to the next grade
level if the student has satisfied the requirements for the
student's current grade level.
(6) The requirement for obtaining the consent of a student's
parent or guardian under subsections (4) and (5) of this section
does not apply to a student who is:
(a) Emancipated pursuant to ORS 419B.550 to 419B.558; or
(b) 18 years of age or older.
{ - (7)(a) Notwithstanding subsections (1) and (2) of this
section, a school district or public charter school shall award a
modified diploma to a student who does not satisfy the
requirements of subsections (1) and (2) of this section if the
student meets requirements established by the State Board of
Education by rule. - }
{ - (b) The modified diploma shall be made available only to
those students who have demonstrated the inability to meet the
full set of academic content standards even with reasonable
modifications and accommodations. To be eligible for a modified
diploma, a student must have: - }
{ - (A) A documented history of an inability to maintain
grade level achievement due to significant learning and
instructional barriers; or - }
{ - (B) A documented history of a medical condition that
creates a barrier to achievement. - }
{ + (7) A school district or public charter school shall
award a modified diploma only to students who have demonstrated
the inability to meet the full set of academic content standards
for a high school diploma with reasonable modifications and
accommodations. To be eligible for a modified diploma, a student
must:
(a) Satisfy the requirements for a modified diploma established
by the State Board of Education; and
(b) Have a documented history of an inability to maintain grade
level achievement due to significant learning and instructional
barriers or have a documented history of a medical condition that
creates a barrier to achievement.
(8) A school district or public charter school shall award an
extended diploma only to students who have demonstrated the
inability to meet the full set of academic content standards for
a high school diploma with reasonable modifications and
accommodations. To be eligible for an extended diploma, a student
must:
(a) While in grade nine through completion of high school,
complete 12 credits, which may not include more than six credits
earned in a self-contained special education classroom and shall
include:
(A) Two credits of mathematics;
(B) Two credits of English;
(C) Two credits of science;
(D) Three credits of history, geography, economics or civics;
(E) One credit of health;
(F) One credit of physical education; and
(G) One credit of the arts or a second language;
(b) Have a documented history of an inability to maintain grade
level achievement due to significant learning and instructional
barriers or have a documented history of a medical condition that
creates a barrier to achievement; and
(c)(A) Participate in an alternate assessment beginning no
later than grade six and lasting for two or more assessment
cycles; or
(B) Have a serious illness or injury that occurs after grade
eight, that changes the student's ability to participate in grade
level activities and that results in the student participating in
alternate assessments. + }
{ - (8) - } { + (9) + } A school district or public charter
school shall award an alternative certificate to a student who
does not satisfy the requirements for a { - diploma - }
{ + high school diploma, a modified diploma or an extended
diploma + } if the student meets requirements established by the
board of the school district or public charter school.
{ - (9) - } { + (10) + } A student who receives a modified
diploma { + , an extended diploma + } or { + an + } alternative
certificate shall have the option of participating in a high
school graduation ceremony with the class of the student.
{ + (11) A school district or public charter school shall:
(a) Ensure that students have access to the appropriate
resources to achieve a high school diploma, a modified diploma,
an extended diploma or an alternative certificate at each high
school in the school district or at the public charter school.
(b) Provide literacy instruction to all students until
graduation.
(c) Beginning in grade five, annually provide information to
the parents or guardians of a student taking an alternate
assessment of the availability of a modified diploma, an extended
diploma and an alternative certificate and the requirements for
the diplomas and certificate. + }
{ - (10) - } { + (12) + } The State Board of Education
shall submit for review by the legislative committees on
education or the interim legislative committees on education, as
appropriate, any proposed rules to implement requirements for a
{ + high school + } diploma, a modified diploma { + , an
extended diploma + } or an alternative certificate prior to the
adoption of those rules by the board.
SECTION 2. Section 3, chapter 827, Oregon Laws 2005, as amended
by section 2, chapter 407, Oregon Laws 2007, and section 15,
chapter 660, Oregon Laws 2007, is amended to read:
{ + Sec. 3. + } (1) The requirements of ORS 329.451 (2) and
(3) apply to students who receive a high school diploma from a
school district on or after July 1, 2009.
(2) ORS 329.451 (4) applies to students who satisfy the
requirements for a high school diploma on or after { - the
effective date of chapter 407, Oregon Laws 2007 - } { + July 1,
2007 + }.
(3) ORS 329.451 (5) first applies to the 2007-2008 school year.
(4) The requirements of ORS 329.451 (2) and (3) apply to
students who receive a high school diploma from a public charter
school:
(a) On or after July 1, 2009, if the charter of the public
charter school specified that ORS 329.451 applied to the school
prior to { - the effective date of this 2007 Act - } { + July
1, 2007 + }; or
(b) On or after July 1, 2011.
(5) { + (a) + } School districts and public charter schools
shall make modified diplomas and alternative certificates as
required by ORS 329.451 (7) and { - (8) - } { + (9) + } first
available to students during the 2008-2009 school year.
{ + (b) School districts and public charter schools shall
make extended diplomas as required by ORS 329.451 (8) first
available to students during the 2009-2010 school year.
(c) On or after July 1, 2009, school districts and public
charter schools may not award a modified diploma that does not
comply with the provisions of ORS 329.451 (7). + }
(6) Notwithstanding subsections (4) and (5) of this section,
ORS 329.451 as amended by section 12 { + , chapter 660, Oregon
Laws 2007, + } { - of this 2007 Act - } applies to public
charter schools that enter into a charter or renew a charter on
or after { - the effective date of this 2007 Act - } { + July
1, 2007 + }.
SECTION 3. ORS 338.115, as amended by section 11, chapter 50,
Oregon Laws 2008, 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, 326.603, 326.607, 342.223 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, 659.855 and 659.860 (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 (2);
(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, 339.375 and 339.377 (reporting of
child abuse and training on prevention and identification of
child abuse);
(q) ORS 329.451 ( { + high school + } diploma, modified
diploma { + , extended diploma + } and alternative certificate);
(r) ORS chapter 657 (Employment Department Law);
(s) Section 3, chapter 50, Oregon Laws 2008; and
(t) 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, { + a + } modified
diploma { + , an extended diploma + } or { + an + } alternative
certificate to any public charter school student who meets the
district's and state's standards for a high school diploma,
{ + a + } modified diploma { + , an extended diploma + } or
{ + an + } alternative certificate.
(12) A high school diploma, { + a + } modified diploma { + ,
an extended diploma + } or { + an + } alternative certificate
issued by a public charter school grants to the holder the same
rights and privileges as a high school diploma, { + a + }
modified diploma { + , an extended diploma + } or { + an + }
alternative certificate 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 4. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, and section 12, chapter 50, Oregon Laws 2008,
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, 326.603, 326.607, 342.223 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, 659.855 and 659.860 (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 (2);
(m) ORS 329.045 (academic content standards and instruction);
(n) ORS 329.496 (physical education);
(o) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(p) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(q) ORS 339.370, 339.372, 339.375 and 339.377 (reporting of
child abuse and training on prevention and identification of
child abuse);
(r) ORS 329.451 ( { + high school + } diploma, modified
diploma { + , extended diploma + } and alternative certificate);
(s) ORS chapter 657 (Employment Department Law);
(t) Section 3, chapter 50, Oregon Laws 2008; and
(u) 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, { + a + } modified
diploma { + , an extended diploma + } or { + an + } alternative
certificate to any public charter school student who meets the
district's and state's standards for a high school diploma,
{ + a + } modified diploma { + , an extended diploma + } or
{ + an + } alternative certificate.
(12) A high school diploma, { + a + } modified diploma { + ,
an extended diploma + } or { + an + } alternative certificate
issued by a public charter school grants to the holder the same
rights and privileges as a high school diploma, { + a + }
modified diploma { + , an extended diploma + } or { + an + }
alternative certificate 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 339.115 is amended to read:
339.115. (1) Except as provided in ORS 339.141, authorizing
tuition for courses not part of the regular school program, the
district school board shall admit free of charge to the schools
of the district all persons between the ages of 5 and 19 who
reside within the school district. A person whose 19th birthday
occurs during the school year shall continue to be eligible for a
free and appropriate public education for the remainder of the
school year. A district school board may admit nonresident
persons, determine who is not a resident of the district and fix
rates of tuition for nonresidents.
(2)(a) A district must admit an otherwise eligible person who
has not yet attained 21 years of age prior to the beginning of
the current school year if the person is:
(A) Receiving special education and has not yet received a high
school diploma as described in ORS 329.451 { - (1) - } { +
(2) + }; or
(B) Receiving special education and has received a modified
{ - high school - } diploma { + , an extended diploma + } or
{ + an + } alternative certificate as described in ORS 329.451.
(b) A district may admit an otherwise eligible person who is
not receiving special education and who has not yet attained 21
years of age prior to the beginning of the current school year if
the person is shown to be in need of additional education in
order to receive a high school diploma.
(3) The obligation to make a free appropriate public education
available to individuals with disabilities 18 through 21 years of
age who are incarcerated in an adult correctional facility
applies only to those individuals who, in their last educational
placement prior to their incarceration in the adult correctional
facility:
(a) Were identified as being a child with a disability as
defined in ORS 343.035; or
(b) Had an individualized education program as described in ORS
343.151.
(4) For purposes of subsection (3) of this section, 'adult
correctional facility' means:
(a) A local correctional facility as defined in ORS 169.005;
(b) A regional correctional facility as defined in ORS 169.620;
or
(c) A Department of Corrections institution as defined in ORS
421.005.
(5) An otherwise eligible person under subsection (2) of this
section whose 21st birthday occurs during the school year shall
continue to be eligible for a free appropriate public education
for the remainder of the school year.
(6) The person may apply to the board of directors of the
school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the local board may appeal to the
State Board of Education. The decision of the state board is
final and not subject to appeal.
(7) Notwithstanding ORS 339.133 (1), a school district shall
not exclude from admission a child located in the district solely
because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a
parent, guardian or person in a parental relationship.
(8) Notwithstanding subsection (1) of this section, a school
district:
(a) May for the remaining period of an expulsion deny admission
to the regular school to a resident student who is expelled from
another school district; and
(b) Shall for at least one calendar year from the date of the
expulsion and if the expulsion is for more than one calendar
year, may for the remaining period of time deny admission to the
regular school program to a student who is under expulsion from
another school district for an offense that constitutes a
violation of a school district policy adopted pursuant to ORS
339.250 (6).
(9) A child entering the first grade during the fall term shall
be considered to be six years of age if the sixth birthday of the
child occurs on or before September 1. A child entering
kindergarten during the fall term shall be considered to be five
years of age if the fifth birthday of the child occurs on or
before September 1. However, nothing in this section prevents a
district school board from admitting free of charge a child whose
needs for cognitive, social and physical development would best
be met in the school program, as defined by policies of the
district school board, to enter school even though the child has
not attained the minimum age requirement but is a resident of the
district.
SECTION 6. 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 { + or a
public charter school + }.
(ii) { - An adult - } { + A + } high school diploma issued
by an authorized community college.
(iii) A modified { - high school - } diploma { + issued by
a school district or a public charter school + }.
{ + (iv) An extended diploma issued by a school district or a
public charter school.
(v) An alternative certificate issued by a school district or a
public charter school. + }
(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 pursuant to ORS 339.030 (1)(d) or (e).
(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 336.675 and the standards for
excused absences for purposes of ORS 339.065 for family
emergencies and health and medical problems.
SECTION 7. { + 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 July 1,
2009. + }
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