Chapter 139 Oregon Laws 2011

AN ACT

HB 2220

Relating to student assessments; amending ORS 329.485; and prescribing an effective date.

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] becoming proficient in the knowledge and skills of the student’s current grade level;

(b) Determine the [grade level of the understanding, knowledge or ability of a student] proficiency of the 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.

(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.

(5)(a) 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]:

(A) [Measured in a manner that clearly enables] Clearly show the student and parents [to know] whether the student is making progress toward meeting or exceeding the academic content standards at the student’s current grade level[.]; and

(B) Be based on the student’s progress toward becoming proficient in a continuum of knowledge and skills.

(b) In addition to the requirements described in paragraph (a) of this subsection, 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:

(A) Clearly [enable] show the student and parents [to know how well] whether the student is achieving course requirements at the student’s current grade level[.]; and

(B) Be based on the student’s progress toward becoming proficient in a continuum of knowledge and skills.

(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.

(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. This 2011 Act takes effect July 1, 2012.

Approved by the Governor May 27, 2011

Filed in the office of Secretary of State May 27, 2011

Effective date July 1, 2012

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