Chapter 546 Oregon Laws 2011

AN ACT

SB 24

Relating to high school diploma requirements; amending ORS 329.451; 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 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)] (6) of this section, an extended diploma to a student who satisfies the requirements established by subsection [(8)] (7) of this section or an alternative certificate to a student who satisfies the requirements established by subsection [(9)] (8) 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)] (6)(b) or (7)(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 State Board of Education and the school district or public charter school and, while in grades 9 through 12, must complete at least:

(a) Twenty-four total credits;

(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)] (3) 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)] (4) 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)] (5) The requirement for obtaining the consent of a student’s parent or guardian under subsections [(4) and (5)] (1)(d), (3) and (4) 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)] (6) 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)] (7) 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.

[(9)] (8) A school district or public charter school shall award an alternative certificate to a student who does not satisfy the requirements for a 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.

[(10)] (9) 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)] (10) 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.

[(12)] (11) 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. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect July 1, 2011.

Approved by the Governor June 28, 2011

Filed in the office of Secretary of State June 29, 2011

Effective date July 1, 2011

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