Chapter 1029 Oregon Laws 1999

Session Law

AN ACT

HB 3307

Relating to physical education; creating new provisions; and amending ORS 329.007, 329.025, 329.045 and 329.465.

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

SECTION 1. ORS 329.007 is amended to read:

329.007. As used in this chapter, unless the context requires otherwise:

(1) "Academic content standards" or "academic standards" means expectations of student knowledge and skills in identified content areas adopted by the State Board of Education under ORS 329.045.

(2) "Administrator" includes all persons whose duties require an administrative license.

(3) "Board" or "state board" means the State Board of Education.

(4) "21st Century Schools Council" means a council established pursuant to ORS 329.704.

(5) "Content areas" includes mathematics, science, history, geography, economics, civics, English, second languages [and], the arts and physical education. English includes, but is not limited to, reading and writing. The arts includes, but is not limited to, literary arts, performing arts and visual arts.

(6) "Department" means the Department of Education.

(7) "District planning committee" means a committee composed of teachers, administrators and public members established for the purposes of ORS 329.537 to 329.605.

(8) "Parents" means parents or guardians of students who are covered by this chapter.

(9) "School district" means a school district as defined in ORS 332.002, an education service district, a state-operated school or any legally constituted combination of such entities.

(10) "School Improvement and Professional Development program" means a formal plan submitted by a school district and approved by the Department of Education according to criteria specified in ORS 329.675 to 329.745 and 329.790 to 329.820.

(11) "Second languages" means any foreign language or American Sign Language.

(12) "Teacher" means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. "Teacher" does not include a school nurse, as defined in ORS 342.455, or a person whose duties require an administrative license.

(13) "Work-related learning experiences" means opportunities in which all students may participate in high quality programs that provide industry related and subject matter related learning experiences that prepare students for further education, future employment and lifelong learning.

SECTION 2. ORS 329.025 is amended to read:

329.025. It is the intent of the Legislative Assembly to maintain a system of public elementary and secondary schools that allows students, parents, teachers, administrators, school district boards and the State Board of Education to be accountable for the development and improvement of the public school system. The public school system shall have the following characteristics:

(1) Provides equal and open access and educational opportunities for all students in the state regardless of their linguistic background, culture, race, gender, capability or geographic location;

(2) Assumes that all students can learn and establishes high, specific skill and knowledge expectations and recognizes individual differences at all instructional levels;

(3) Provides special education, compensatory education, linguistically and culturally appropriate education and other specialized programs to all students who need those services;

(4) Provides students with a solid foundation in the skills of reading, writing, problem solving and communication;

(5) Provides opportunities for students to learn, think, reason, retrieve information, use technology and work effectively alone and in groups;

(6) Provides for rigorous academic content standards and instruction in mathematics, science, history, geography, economics, civics and English;

(7) Provides students an educational background to the end that they will function successfully in a constitutional republic, a participatory democracy and a multicultural nation and world;

(8) Provides students with instruction in, but not limited to, health, physical education, second languages and the arts;

(9) Provides students with the knowledge and skills that will provide the opportunities to succeed in the world of work, as members of families and as citizens;

(10) Provides students with the knowledge, skills and positive attitude that lead to an active, healthy lifestyle;

[(10)] (11) Provides students with the knowledge and skills to take responsibility for their decisions and choices;

[(11)] (12) Provides opportunities for students to learn through a variety of teaching strategies;

[(12)] (13) Emphasizes involvement of parents and the community in the total education of students;

[(13)] (14) Transports children safely to and from school;

[(14)] (15) Ensures that the funds allocated to schools reflect the uncontrollable differences in costs facing each district;

[(15)] (16) Ensures that local schools have adequate control of how funds are spent to best meet the needs of students in their communities; and

[(16)] (17) Provides for a safe, educational environment.

SECTION 3. ORS 329.045 is amended to read:

329.045. (1) In order to achieve the goals contained in ORS 329.025 and 329.035, the State Board of Education shall regularly and periodically review and revise its Common Curriculum Goals. This includes Essential Learning Skills and rigorous academic content standards in mathematics, science, history, geography, economics, civics, [and] English and physical education. School districts shall maintain control over course content, format, materials and teaching methods but shall ensure that students receive instruction in the academic content areas and in health [and physical education]. The rigorous academic content standards shall reflect the knowledge and skills necessary for achieving Certificates of Mastery and diplomas pursuant to ORS 329.025 and as described in ORS 329.447. The regular review shall involve teachers and other educators, parents of students and other citizens and shall provide ample opportunity for public comment.

(2) The State Board of Education shall continually review all adopted standards and shall raise the standards in academic content areas to the highest levels possible.

(3) The Common Curriculum Goals reviewed and revised by the board under subsection (1) of this section shall also include goals in [physical education and] health. In accordance with the Common Curriculum Goals, school districts shall offer instruction in content areas[, physical education] and health.

SECTION 4. ORS 329.465 is amended to read:

329.465. (1) By the end of the 1995-1996 school year, the State Board of Education shall revise and adopt standards and requirements for the Certificate of Initial Mastery and design a plan that enables school districts to phase in academic standards so that students have opportunities to obtain a Certificate of Initial Mastery by no later than the 1998-1999 school year, in the manner designated in the state board's plan.

(2) The State Board of Education shall prescribe the standards, pursuant to ORS 329.025 and 329.035, that a student must meet in order to obtain a Certificate of Initial Mastery. The Certificate of Initial Mastery shall be based on a series of performance-based assessments and content assessments benchmarked to mastery levels at approximately grades 3, 5, 8 and 10. The assessment methods shall include work samples and tests and may include portfolios. The state board shall establish a certificate for students who, with additional services and accommodations, do not meet the Certificate of Initial Mastery standards. Students shall be allowed to collect credentials over a period of years, culminating in a project or exhibition that demonstrates attainment of the required knowledge and skills that have been measured by a variety of valid assessment methods.

(3) Requirements for the Certificate of Initial Mastery shall:

(a) Ensure that students have the necessary knowledge and demonstrate the skills to read, write, problem solve, reason and communicate;

(b) Ensure that students have the opportunity to demonstrate the ability to learn, think, retrieve information and use technology;

(c) Ensure that students have the opportunity to demonstrate that they can work effectively as individuals and as an individual in group settings; and

(d) Ensure that student assessment is based on academic content standards in mathematics, science, history, geography, economics, civics, English, second languages, [and] the arts and physical education.

(4) Prior to July 1, 1997, school districts shall submit plans to the Department of Education setting forth the steps the district will take to ensure that its programs meet the requirements necessary for students to obtain a Certificate of Initial Mastery. Each district's plan shall demonstrate how alternative learning program options will be available for students working toward a Certificate of Initial Mastery and a diploma.

(5) The provisions of this section may be applied individually as appropriate to students enrolled in special education programs under ORS chapter 343.

(6) The Department of Education shall develop procedures to accommodate out-of-state students, students taught by a parent or private teachers pursuant to ORS 339.035, private school students transferring into public schools and migrant children from other states and countries.

(7) Nothing in this section is intended to apply the Certificates of Mastery programs or standards to private school students or students taught by a parent or private teachers pursuant to ORS 339.035.

SECTION 5. Sections 6 to 8 of this 1999 Act are added to and made a part of ORS chapter 329.

SECTION 6. Pursuant to ORS 329.465 (3)(d), as part of the implementation of the Certificate of Initial Mastery, the State Board of Education shall develop academic content standards in physical education to be implemented by the 2001-2002 school year.

SECTION 7. School districts shall develop and administer assessments for physical education to be implemented by the 2003-2004 school year.

SECTION 8. Prior to October 1, 2000, the Teacher Standards and Practices Commission, the State Board of Education and the State Board of Higher Education jointly shall study and report to the interim legislative committees on education on:

(1) The quality of preparation available in Oregon for teachers who will teach physical education in kindergarten through grade 12; and

(2) The extent to which teachers who teach physical education in kindergarten through grade 12 are adequately prepared to fulfill their assignments.

Approved by the Governor August 20, 1999

Filed in the office of the Secretary of State August 23, 1999

Effective date October 23, 1999

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