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 3816
Senate Bill 976
Sponsored by Senator HASS, Representative HARKER; Senators
ATKINSON, BATES, BONAMICI, BURDICK, DEVLIN, GEORGE, MONNES
ANDERSON, MONROE, PROZANSKI, TELFER, WALKER, Representatives
BARKER, DEMBROW, HOLVEY, MAURER, READ, WINGARD
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.
Allows school district to renew waiver that allows school
district to contract with entity that administers nationally
normed assessments if entity meets specified requirements.
Directs Department of Education to reimburse school district for
cost of assessments that are administered under waiver.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to nationally normed assessments; amending ORS 327.008
and 329.488 and section 19, chapter 846, Oregon Laws 2007;
repealing section 2, chapter 20, Oregon Laws 2008; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 329.488, as amended by section 1, chapter 20,
Oregon Laws 2008, is amended to read:
329.488. (1) { + Except as provided in subsections (3) and (4)
of this section, + } the Department of Education shall contract
with { - a - } { + one + } nonprofit entity to administer a
nationally normed assessment, in collaboration with the
department, to all students in grade 10 who are enrolled in a
public school. The purpose of the assessment is to predict the
success of students on, and provide practice for students taking,
college entrance exams.
(2) The department shall base the selection of the contractor
under subsection (1) of this section on all of the following
criteria:
(a) The contractor must be able to provide to the department
statewide data containing the results of the assessment;
(b) The contractor shall provide an assessment that:
(A) Identifies students with high potential to excel in
advanced placement (AP) or other honors courses based on a
research-based correlation of scores on the grade 10 assessment
to advanced placement examinations;
(B) Examines students in mathematics, reading and writing; and
(C) Provides results that can be used by Oregon's higher
education institutions to recruit students to attend college;
(c) The contractor must be able to supply schools with an
item-by-item analysis of student performance on the assessment;
and
(d) The contractor must be able to make available to each
student taking the assessment a free career assessment and online
exploration of colleges and career opportunities.
{ - (3) Notwithstanding subsection (1) of this section: - }
{ - (a) The department may, under rules adopted by the State
Board of Education, waive the assessment for specific groups of
students; and - }
{ - (b) Upon request from a student who is enrolled in a
public school operated by a school district or the parent or
guardian of the student, the school district shall waive the
assessment for the student. - }
{ + (3) A student is not required to take an assessment
described in subsection (1) of this section if:
(a) The department, under rules adopted by the State Board of
Education, waives the assessment for a specific group of
students; or
(b) A school district waives the assessment for a student upon
request from a student who is enrolled in a public school
operated by the school district or from the parent or guardian of
the student.
(4)(a) The department shall grant a waiver to a school district
that is valid for one school year and that allows the school
district to enter into a contract with an entity other than the
entity selected by the department pursuant to subsection (1) of
this section if:
(A) The district had entered into a contract with the entity
for the 2007-2008 school year to administer an assessment to
students in the district who are in grade 10;
(B) The entity, in coordination with the district, administered
an assessment during the 2007-2008 school year to students in the
district who are in grade 10;
(C) The entity met the criteria established under subsection
(2) of this section for the school year prior to the school year
for which the school district seeks a waiver; and
(D) The entity plans to meet the criteria established under
subsection (2) of this section for the school year for which the
school district seeks a waiver.
(b) A waiver granted under this subsection may be renewed each
school year.
(c) The department shall reimburse a school district for the
cost of assessments allowed under this subsection from funds
available to the department under ORS 327.008 (10). + }
SECTION 2. ORS 327.008, as amended by section 1, chapter 39,
Oregon Laws 2008, is amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 327.355, 327.357, 327.360, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(5) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(6) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(7) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(8) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
(9) Each fiscal year, the Department of Education shall
transfer the amount of $2.5 million from the State School Fund to
the Small School District Supplement Fund established in ORS
327.360.
(10) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract { +
and reimbursements + } described in ORS 329.488. The amount
distributed to education service districts from the State School
Fund under this section and ORS 327.019 shall be reduced by the
amount expended by the department under this subsection.
(11) Each biennium, the Department of Education may expend up
to $800,000 from the State School Fund for the administration of
ORS 326.133 and 326.136.
(12) Each biennium, the Department of Education may expend up
to $350,000 from the State School Fund to provide administration
of and support for the development of talented and gifted
education under ORS 343.404.
(13) Each biennium, the Department of Education may expend up
to $150,000 from the State School Fund for the administration of
a program to increase the number of speech-language pathologists
and speech-language pathology assistants under ORS 348.394 to
348.406.
SECTION 3. ORS 327.008, as amended by section 12, chapter 846,
Oregon Laws 2007, and section 2, chapter 39, Oregon Laws 2008, is
amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 336.575, 336.580, 336.635, 342.173, 343.243,
343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(5) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(6) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(7) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(8) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
(9) Each fiscal year, the Department of Education may expend up
to $550,000 from the State School Fund for the contract { + and
reimbursements + } described in ORS 329.488. The amount
distributed to education service districts from the State School
Fund under this section and ORS 327.019 shall be reduced by the
amount expended by the department under this subsection.
(10) Each biennium, the Department of Education may expend up
to $800,000 from the State School Fund for the administration of
ORS 326.133 and 326.136.
(11) Each biennium, the Department of Education may expend up
to $350,000 from the State School Fund to provide administration
of and support for the development of talented and gifted
education under ORS 343.404.
(12) Each biennium, the Department of Education may expend up
to $150,000 from the State School Fund for the administration of
a program to increase the number of speech-language pathologists
and speech-language pathology assistants under ORS 348.394 to
348.406.
SECTION 4. ORS 329.488, as amended by section 1, chapter 20,
Oregon Laws 2008, and section 1 of this 2009 Act, is amended to
read:
329.488. (1) Except as provided in subsections (3) and (4) of
this section, the Department of Education shall contract with one
nonprofit entity to administer a nationally normed assessment, in
collaboration with the department, to all students in grade 10
who are enrolled in a public school. The purpose of the
assessment is to predict the success of students on, and provide
practice for students taking, college entrance exams.
(2) The department shall base the selection of the contractor
under subsection (1) of this section on all of the following
criteria:
(a) The contractor must be able to provide to the department
statewide data containing the results of the assessment;
(b) The contractor shall provide an assessment that:
(A) Identifies students with high potential to excel in
advanced placement (AP) or other honors courses based on a
research-based correlation of scores on the grade 10 assessment
to advanced placement examinations;
(B) Examines students in mathematics, reading and writing; and
(C) Provides results that can be used by Oregon's higher
education institutions to recruit students to attend college;
(c) The contractor must be able to supply schools with an
item-by-item analysis of student performance on the assessment;
and
(d) The contractor must be able to make available to each
student taking the assessment a free career assessment and online
exploration of colleges and career opportunities.
(3) A student is not required to take an assessment described
in subsection (1) of this section if:
(a) The department, under rules adopted by the State Board of
Education, waives the assessment for a specific group of
students; or
(b) A school district waives the assessment for a student upon
request from a student who is enrolled in a public school
operated by the school district or from the parent or guardian of
the student.
(4)(a) The department shall grant a waiver to a school district
that is valid for one school year and that allows the school
district to enter into a contract with an entity other than the
entity selected by the department pursuant to subsection (1) of
this section if:
(A) The district had entered into a contract with the entity
for the 2007-2008 school year to administer an assessment to
students in the district who are in grade 10;
(B) The entity, in coordination with the district, administered
an assessment during the 2007-2008 school year to students in the
district who are in grade 10;
(C) The entity met the criteria established under subsection
(2) of this section for the school year prior to the school year
for which the school district seeks a waiver; and
(D) The entity plans to meet the criteria established under
subsection (2) of this section for the school year for which the
school district seeks a waiver.
(b) A waiver granted under this subsection may be renewed each
school year.
(c) The department shall reimburse a school district for the
cost of assessments allowed under this subsection from funds
available to the department under ORS 327.008 { - (10) - }
{ + (9) + }.
SECTION 5. Section 19, chapter 846, Oregon Laws 2007, is
amended to read:
{ + Sec. 19. + } { + (1) + } The amendments to ORS 327.006,
327.008, 327.019, 327.125, 327.137, 339.129 and 340.045 by
sections 11 to 17 { + , chapter 846, Oregon Laws 2007, + }
{ - of this 2007 Act - } and the repeal of ORS 327.355, 327.357
and 327.360 by section 18 { + , chapter 846, Oregon Laws
2007, + } { - of this 2007 Act - } become operative on June
30, 2012.
{ + (2) The amendments to ORS 329.488 by section 4 of this
2009 Act become operative on June 30, 2012. + }
SECTION 6. { + Section 2, chapter 20, Oregon Laws 2008, is
repealed. + }
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 on its
passage. + }
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