76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 909
Sponsored by COMMITTEE ON RULES (at the request of Governor John
A. Kitzhaber)
CHAPTER ................
AN ACT
Relating to education; appropriating money; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Education Investment Board is
established for the purpose of ensuring that all public school
students in this state reach the education outcomes established
for the state. The board shall accomplish this goal by overseeing
a unified public education system that begins with early
childhood services and continues throughout public education from
kindergarten to post-secondary education.
(2)(a) The board consists of 13 members as follows:
(A) The Governor, or the designee of the Governor; and
(B) Twelve members who are appointed by the Governor, subject
to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565, and who serve at the pleasure of the
Governor.
(b) When determining who to appoint to the board, the Governor
shall:
(A) Ensure that each congressional district of this state is
represented by at least one member of the board; and
(B) Solicit recommendations from the Speaker of the House of
Representatives for at least two members and from the President
of the Senate for at least two members.
(3) The Governor, or the Governor's designee, shall serve as
chairperson of the Oregon Education Investment Board.
(4) The duties of the board include:
(a) Ensuring that early childhood services are streamlined and
connected to public education from kindergarten through grade 12
and that public education from kindergarten through grade 12 is
streamlined and connected to post-secondary education. To assist
the board in fulfilling this duty, the board shall oversee the
Early Learning Council established by section 4 of this 2011 Act.
(b) Recommending strategic investments in order to ensure that
the public education budget is integrated and is targeted to
achieve the education outcomes established for the state.
(c) Providing an integrated, statewide, student-based data
system that monitors expenditures and outcomes to determine the
return on statewide education investments. The board shall
provide the data system described in this paragraph by:
Enrolled Senate Bill 909 (SB 909-B) Page 1
(A) Developing the data system or identifying or modifying an
existing data system that accomplishes the goals of the data
system; and
(B) Ensuring that the data system is maintained.
(5) An appointed member of the board is entitled to
compensation and expenses as provided in ORS 292.495.
(6) A majority of the members of the board constitutes a quorum
for the transaction of business.
(7) The board shall meet at such times and places specified by
the call of the chairperson or of a majority of the members of
the board.
(8) In accordance with applicable provisions of ORS chapter
183, the board may adopt rules necessary for the administration
of the laws that the board is charged with administering. + }
SECTION 2. { + (1) The Oregon Education Investment Board
established by section 1 of this 2011 Act shall appoint a Chief
Education Officer who shall serve at the pleasure of the board.
(2) The Chief Education Officer shall be a person who, by
training and experience, is well qualified to:
(a) Perform the duties of the office, as determined by the
board; and
(b) Assist in carrying out the functions of the board, as
described in section 1 of this 2011 Act. + }
SECTION 3. { + (1) The Oregon Education Investment Fund is
established in the State Treasury, separate and distinct from the
General Fund. Moneys in the Oregon Education Investment Fund may
be invested and reinvested. Interest earned by the Oregon
Education Investment Fund shall be credited to the fund.
(2) Moneys in the Oregon Education Investment Fund are
continuously appropriated to the Oregon Education Investment
Board established by section 1 of this 2011 Act for the purpose
of funding the duties of the board related to early childhood
services and public education from kindergarten through
post-secondary education. + }
SECTION 4. { + (1) The Early Learning Council is established.
The council shall function under the direction and control of the
Oregon Education Investment Board established by section 1 of
this 2011 Act.
(2) The council is established for the purpose of assisting the
board in overseeing a unified system of early childhood services,
including the funding and administration of those services.
(3)(a) The council consists of nine members who are appointed
by the Governor and serve at the pleasure of the Governor.
(b) When determining who to appoint to the council, the
Governor shall:
(A) Ensure that at least one of the members is an appointed
member of the Oregon Education Investment Board;
(B) Ensure that each congressional district of this state is
represented by at least one member of the council;
(C) For a member who is not an appointed member of the Oregon
Education Investment Board, ensure that the member meets the
following qualifications:
(i) Demonstrates leadership skills in civics or the member's
profession;
(ii) To the greatest extent practicable, contributes to the
council's representation of the geographic, ethnic, gender,
racial and economic diversity of this state; and
(iii) Contributes to the council's expertise, knowledge and
experience in early childhood development, early childhood care,
early childhood education, family financial stability,
Enrolled Senate Bill 909 (SB 909-B) Page 2
populations disproportionately burdened by poor education
outcomes and outcome-based best practices; and
(D) Solicit recommendations from the Speaker of the House of
Representatives for at least two members and from the President
of the Senate for at least two members.
(4) The activities of the council shall be directed and
supervised by the Early Childhood System Director, who is
appointed by the Governor and serves at the pleasure of the
Governor. + }
SECTION 5. { + (1) The Early Learning Council established by
section 4 of this 2011 Act shall prepare and submit to the Oregon
Education Investment Board the information described in this
section for inclusion in the report required under section 6 of
this 2011 Act.
(2) The council shall conduct + } { + an analysis of plans
to merge, redesign or improve the coordination of early childhood
services and to align early childhood services with
child-centered outcomes. The early childhood services to be
considered in the analysis include:
(a) Certain programs or services funded or administered by the
State Commission on Children and Families, including:
(A) Healthy Start Family Support Services programs described in
ORS 417.795.
(B) Relief nurseries described in ORS 417.788.
(C) Community schools described in ORS 336.505 to 336.525.
(D) Great Start.
(E) Family preservation programs.
(F) Any other services identified by the board that are funded
by grants or other moneys awarded to the commission for the
purpose of serving children, youth and families.
(b) Certain programs or services funded or administered by the
Department of Education, including:
(A) Early intervention services.
(B) Early childhood special education.
(C) Head Start programs.
(D) Oregon prekindergarten programs, as defined in ORS 329.170.
(E) The federal Even Start Statewide Family Literacy
Initiative.
(F) Special education and related services, to the extent that
the special education and related services affect early learning
goals.
(c) Certain programs funded or administered by the State
Library, including Ready to Read.
(d) Certain programs or services funded or administered by the
Oregon Health Authority, including:
(A) Maternal and child health services.
(B) The Women, Infants and Children Program established by ORS
409.600.
(e) Certain programs funded or administered by the Employment
Department, including:
(A) The Child Care Division established under ORS 657A.010.
(B) The Commission for Child Care created by ORS 657A.600.
(f) Certain programs funded or administered by the Department
of Human Services, including:
(A) The Employment Related Day Care program.
(B) The Wraparound initiative described in ORS 418.977.
(3) The council shall establish a plan to implement early
childhood services that could be implemented by June 30, 2012, to
accomplish the following goals:
Enrolled Senate Bill 909 (SB 909-B) Page 3
(a) Ensure the early identification of children and families
who are at risk based upon identified, critical indicators.
(b) Establish and maintain family support managers who:
(A) Coordinate support services provided to children and
families;
(B) Act as an intermediary between providers of support
services and children and families receiving support services;
and
(C) Serve a geographic area that represents the service area of
one or more elementary schools.
(c) Ensure that contracts with early childhood services
providers require measured progress, establish goals and provide
payment based on the success of the provider in achieving the
goals.
(d) Establish kindergarten readiness assessments and early
learning benchmarks.
(e) Collect and evaluate data related to early childhood
services to ensure that stated goals are being achieved.
(4) The council shall submit the information described in this
section to the board by a date identified by the board. The board
shall determine what information to present in the report
described in section 6 of this 2011 Act and how the information
shall be presented. + }
SECTION 6. { + (1) The Oregon Education Investment Board
established by section 1 of this 2011 Act shall submit a report
to the interim legislative committees on education on or before
December 15, 2011, and may file proposed legislative measures
with the Legislative Counsel in the manner allowed by both houses
of the Legislative Assembly.
(2) The report required by this section shall describe the
proposed legislative measures, which may provide for any of the
following:
(a) Allowing the Oregon Education Investment Board to carry out
the duties of the board described in section 1 of this 2011 Act.
(b) Merging, redesigning or improving the coordination of early
childhood services and aligning early childhood services with
child-centered outcomes, as described in section 5 (2) of this
2011 Act.
(c) Implementing early childhood services that meet the goals
described in section 5 (3) of this 2011 Act.
(d) Merging the State Board of Education and the State Board of
Higher Education and transferring the duties of those boards and
the State Commission on Children and Families to the Oregon
Education Investment Board by June 30, 2012.
(e) Requiring the Commissioner for Community College Services,
the Chancellor of the Oregon University System and the executive
director of the Oregon Student Assistance Commission to function
under the direction and control of the Chief Education Officer of
the Oregon Education Investment Board by June 30, 2012.
(f) Consolidating, aligning and coordinating governance,
programs and funding for youth development and training,
including the Oregon Youth Investment Foundation, juvenile crime
prevention programs and services, the Oregon Youth Conservation
Corps and the Youth Standing Committee of the Oregon Workforce
Investment Board. + }
SECTION 7. { + The Oregon Education Investment Board
established by section 1 of this 2011 Act shall ensure that the
statewide data system described in section 1 (4)(c) of this 2011
Act is operating on or before June 30, 2012. + }
Enrolled Senate Bill 909 (SB 909-B) Page 4
SECTION 8. If Senate Bill 242 becomes law, section 1 of this
2011 Act is amended to read:
{ + Sec. 1. + } (1) The Oregon Education Investment Board is
established for the purpose of ensuring that all public school
students in this state reach the education outcomes established
for the state. The board shall accomplish this goal by overseeing
a unified public education system that begins with early
childhood services and continues throughout public education from
kindergarten to post-secondary education.
(2)(a) The board consists of 13 members as follows:
(A) The Governor, or the designee of the Governor; and
(B) Twelve members who are appointed by the Governor, subject
to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565, and who serve at the pleasure of the
Governor.
(b) When determining who to appoint to the board, the Governor
shall:
(A) Ensure that each congressional district of this state is
represented by at least one member of the board; and
(B) Solicit recommendations from the Speaker of the House of
Representatives for at least two members and from the President
of the Senate for at least two members.
(3) The Governor, or the Governor's designee, shall serve as
chairperson of the Oregon Education Investment Board.
(4) The duties of the board include:
(a) Ensuring that early childhood services are streamlined and
connected to public education from kindergarten through grade 12
and that public education from kindergarten through grade 12 is
streamlined and connected to post-secondary education. To assist
the board in fulfilling this duty, the board shall oversee { + :
(A) + } The Early Learning Council established by section 4 of
this 2011 Act.
{ + (B) The Higher Education Coordinating Commission
established by section 1, chapter ___, Oregon Laws 2011 (Enrolled
Senate Bill 242). + }
(b) Recommending strategic investments in order to ensure that
the public education budget is integrated and is targeted to
achieve the education outcomes established for the state.
(c) Providing an integrated, statewide, student-based data
system that monitors expenditures and outcomes to determine the
return on statewide education investments. The board shall
provide the data system described in this paragraph by:
(A) Developing the data system or identifying or modifying an
existing data system that accomplishes the goals of the data
system; and
(B) Ensuring that the data system is maintained.
(5) An appointed member of the board is entitled to
compensation and expenses as provided in ORS 292.495.
(6) A majority of the members of the board constitutes a quorum
for the transaction of business.
(7) The board shall meet at such times and places specified by
the call of the chairperson or of a majority of the members of
the board.
(8) In accordance with applicable provisions of ORS chapter
183, the board may adopt rules necessary for the administration
of the laws that the board is charged with administering { + ,
including any rules necessary for the oversight of the direction
and control of the Higher Education Coordinating Commission + }.
Enrolled Senate Bill 909 (SB 909-B) Page 5
SECTION 9. { + The amendments to section 1 of this 2011 Act by
section 8 of this 2011 Act become operative on January 1,
2012. + }
SECTION 10. { + Sections 1 to 7 of this 2011 Act are repealed
on March 15, 2016. + }
SECTION 11. { + (1) On March 15, 2016, the Chief Education
Officer of the Oregon Education Investment Board shall deliver to
the Chancellor of the Oregon University System all records and
property within the jurisdiction of the Chief Education Officer
that relate to the duties, functions and powers of the Oregon
Education Investment Board. The Chancellor of the Oregon
University System shall take possession of the records and
property.
(2) On March 15, 2016, the Early Childhood System Director
shall deliver to the Superintendent of Public Instruction all
records and property within the jurisdiction of the Early
Childhood System Director that relate to the duties, functions
and powers of the Early Learning Council. The Superintendent of
Public Instruction shall take possession of the records and
property.
(3) The Governor shall resolve any dispute between the Chief
Education Officer and the Chancellor of the Oregon University
System, or the Early Childhood System Director and the
Superintendent of Public Instruction, relating to transfers of
records and property under this section, and the Governor's
decision is final. + }
SECTION 12. { + On March 15, 2016, the unexpended balances of
amounts authorized to be expended by the Oregon Education
Investment Board for the biennium beginning July 1, 2015, from
revenues dedicated, continuously appropriated, appropriated or
otherwise made available to the board for the purpose of
administering and enforcing the duties, functions and powers of
the board under sections 1 to 7 of this 2011 Act are transferred
to the General Fund to be available for general governmental
expenses. + }
SECTION 13. { + 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 on
its passage. + }
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Passed by Senate June 20, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 21, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 909 (SB 909-B) Page 6
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 909 (SB 909-B) Page 7