Chapter 871 Oregon Laws 1999

Session Law

AN ACT

HB 3186

Relating to public education; creating new provisions; and amending ORS 329.075, 329.255 and 329.275.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 329.075 is amended to read:

329.075. (1) The State Board of Education shall adopt rules, in accordance with ORS 183.025 and 183.310 to 183.550, as necessary for the statewide implementation of this chapter. The rules shall be prepared in consultation with appropriate representatives from the educational and business and labor communities.

(2) The Department of Education shall be responsible for coordinating research, planning and public discussion so that activities necessary to the implementation of this chapter can be achieved. Actions by the department to fulfill this responsibility and to increase student achievement may include, but are not limited to:

(a) Updating Common Curriculum Goals to meet rigorous academic standards;

(b) Developing criterion-referenced assessments including performance-based, content-based and other assessment mechanisms to test knowledge and skills;

(c) Establishing criteria for Certificates of Initial Mastery and Advanced Mastery, and for benchmarks at grades 3, 5, 8 and 10;

(d) Establishing criteria for early childhood improvement programs;

(e) Amending the application process for school improvement grants;

(f) Researching and developing public school choice plans;

(g) Working with the Education and Workforce Policy Advisor and the Office of Community College Services to develop no fewer than six broad career indorsement areas of study; and

(h) Establishing criteria for learning options that may include alternative learning centers.

(3) The State Board of Education shall create, by rule, a process for school districts to initiate and propose pilot programs. The rules shall include a process for waivers of rules and regulations and a process for approval of the proposed pilot programs.

(4) The Department of Education shall make school districts and the public aware of public school choice options available within our current public education framework.

[(4)] (5) The Department of Education shall:

(a) Evaluate pilot programs developed pursuant to ORS 329.690 using external evaluators to provide data that specify the educational effectiveness, implementation requirements and costs of the programs and to describe what training, funding and related factors are required to replicate pilot programs that are shown to be effective;

(b) Present to the State Board of Education and the appropriate legislative committee an annual evaluation of all pilot programs; and

[(5)] (6) As used in this section:

(a) "Criterion-referenced assessment" means testing of the knowledge or ability of a student with respect to some standard.

(b) "Content-based assessment" means testing of the understanding of a student of a predetermined body of knowledge.

(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.

SECTION 2. ORS 329.255 is amended to read:

329.255. (1) The district school board of every school district [operating any elementary schools] may make the services of a child development specialist available to [the] pupils enrolled in [the elementary] schools in the district and to their families residing in the district.

(2) A child development specialist shall provide primary prevention services directly or in cooperation with others in settings in addition to the school setting:

(a) To pupils enrolled in the [elementary school] schools, with priority given at the primary level, including kindergarten, to assist them in developing positive attitudes toward themselves and others in relation to life career roles and to ensure that appropriate assessment and screening procedures that recognize academic and individual differences are provided for the early identification of talents and strengths on which to base a positive learning experience for each child.

(b) To the professional staff of the [elementary school] schools to assist them in early identification of pupils enrolled therein with learning or developmental problems.

(c) To parents of pupils enrolled in [elementary] the schools to assist them in understanding their children's unique aptitudes and needs and to aid in relating home, school and neighborhood experiences.

(d) To refer pupils enrolled in the [elementary school] schools and their families to appropriate state or local agencies for additional assistance as needed.

(e) To coordinate resources available through the community and the [school] schools.

(3) The district school board of every school district operating any elementary schools may make the services of a child development specialist, as described in subsection (2) of this section available to children four years of age or younger and their families residing in its district. If such children need assessment, the child development specialist shall ensure that appropriate assessment and screening procedures that recognize academic and individual differences are provided for early identification of barriers or needs that prevent successful transition to early education programs.

(4) School districts may provide the services authorized or required under this section by contract with qualified state or local programs.

(5) A child development specialist serving pupils enrolled in grades 9 through 12 may not:

(a) Conduct student assessments for the purpose of academic or career counseling;

(b) Provide academic or vocational counseling;

(c) Provide school-to-work transitioning and career planning services;

(d) Provide curriculum coordination as it relates to guidance activities; or

(e) Provide academic assistance to students to meet benchmarks for the Certificate of Initial Mastery and Certificate of Advanced Mastery.

(6) The State Board of Education shall adopt rules to implement this section. The rules shall include age appropriate duties for child development specialists who are serving pupils enrolled in grades 9 through 12.

SECTION 3. ORS 329.255, as amended by section 2 of this 1999 Act, is amended to read:

329.255. (1) The district school board of every school district operating any elementary schools may make the services of a child development specialist available to the pupils enrolled in the elementary schools [in the district] and [to] their families [residing in the district].

(2) A child development specialist shall provide primary prevention services directly or in cooperation with others in settings in addition to the school setting:

(a) To pupils enrolled in the [schools] elementary school, with priority given at the primary level, including kindergarten, to assist them in developing positive attitudes toward themselves and others in relation to life career roles and to ensure that appropriate assessment and screening procedures that recognize academic and individual differences are provided for the early identification of talents and strengths on which to base a positive learning experience for each child.

(b) To the professional staff of the [schools] elementary school to assist them in early identification of pupils enrolled therein with learning or developmental problems.

(c) To parents of pupils enrolled in [the] elementary schools to assist them in understanding their children's unique aptitudes and needs and to aid in relating home, school and neighborhood experiences.

(d) To refer pupils enrolled in the [schools] elementary school and their families to appropriate state or local agencies for additional assistance as needed.

(e) To coordinate resources available through the community and the [schools] school.

(4) School districts may provide the services authorized or required under this section by contract with qualified state or local programs.

[(5) A child development specialist serving pupils enrolled in grades 9 through 12 may not:]

[(a) Conduct student assessments for the purpose of academic or career counseling;]

[(b) Provide academic or vocational counseling;]

[(c) Provide school-to-work transitioning and career planning services;]

[(d) Provide curriculum coordination as it relates to guidance activities; or]

[(e) Provide academic assistance to students to meet benchmarks for the Certificate of Initial Mastery and Certificate of Advanced Mastery.]

[(6) The State Board of Education shall adopt rules to implement this section. The rules shall include age appropriate duties for child development specialists who are serving pupils enrolled in grades 9 through 12.]

SECTION 4. ORS 329.275 is amended to read:

329.275. (1) The State Board of Education by rule shall establish guidelines for implementation of ORS 329.255 and 329.265, including but not limited to qualifications for child development specialists and procedures for community coordination of efforts. Such qualifications and procedures shall not be limited to traditional treatment oriented disciplines or the various disciplines requiring certification.

(2) If a school district makes the services of a child development specialist available to pupils and their families, the State Board of Education by rule shall require the school district to submit a plan describing the primary prevention activities delivered by a child development specialist. The school district shall show as part of the plan that child development specialists serving pupils enrolled in grades 9 through 12 are not replacing or supplanting counselors.

[(2)] (3) Exceptions to the qualifications established by the state board may be made if the state board determines after a hearing that an individual is capable of performing the required functions.

SECTION 5. ORS 329.275, as amended by section 4 of this 1999 Act, is amended to read:

[(2) If a school district makes the services of a child development specialist available to pupils and their families, the State Board of Education by rule shall require the school district to submit a plan describing the primary prevention activities delivered by a child development specialist. The school district shall show as part of the plan that child development specialists serving pupils enrolled in grades 9 through 12 are not replacing or supplanting counselors.]

[(3)] (2) Exceptions to the qualifications established by the state board may be made if the state board determines after a hearing that an individual is capable of performing the required functions.

SECTION 6. The amendments to ORS 329.255 and 329.275 by sections 3 and 5 of this 1999 Act become operative on January 1, 2002.

Approved by the Governor July 26, 1999

Filed in the office of Secretary of State July 26, 1999

Effective date October 23, 1999

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