73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1736
House Bill 3162
Sponsored by COMMITTEE ON EDUCATION
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Abolishes Certificate of Initial Mastery and Certificate of
Advanced Mastery.
Directs Department of Education to contract with independent
educational assessment organization to develop and implement
statewide assessment system. Prescribes requirements for
statewide assessment system.
Declares emergency, effective July 1, 2005.
A BILL FOR AN ACT
Relating to Oregon Educational Act for the 21st Century; creating
new provisions; amending ORS 327.506, 329.035, 329.045,
329.075, 329.105, 329.447, 329.485, 329.830, 329.860, 336.637,
338.115, 341.009, 348.183 and 348.186; repealing ORS 329.445,
329.465, 329.467, 329.475, 329.855 and 329.885 and section 27,
chapter 660, Oregon Laws 1995; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.506 is amended to read:
327.506. (1) The quality goals for the state's system of
kindergarten through grade 12 public education include those
established under ORS 329.007, 329.015, 329.025, 329.035, 329.045
{ - , - } { + and + } 329.065 { - , 329.465 and 329.475 - } .
(2) Each biennium the Quality Education Commission shall
determine the amount of moneys sufficient to ensure that the
state's system of kindergarten through grade 12 public education
meets the quality goals.
(3) In determining the amount of moneys sufficient to meet the
quality goals, the commission shall identify best practices that
lead to high student performance and the costs of implementing
those best practices in the state's kindergarten through grade 12
public schools. Those best practices shall be based on research,
data, professional judgment and public values.
(4) Prior to August 1 of each even-numbered year, the
commission shall issue a report to the Governor and the
Legislative Assembly that identifies:
(a) Current practices in the state's system of kindergarten
through grade 12 public education, the costs of continuing those
practices and the expected student performance under those
practices; and
(b) The best practices for meeting the quality goals, the costs
of implementing the best practices and the expected student
performance under the best practices.
(5) In addition, the commission shall provide in the report
issued under subsection (4) of this section at least two
alternatives for meeting the quality goals. The alternatives may
use different approaches for meeting the quality goals or use a
phased implementation of best practices for meeting the quality
goals.
SECTION 2. ORS 329.035 is amended to read:
329.035. The Legislative Assembly declares that:
(1) The State of Oregon believes that all students can learn
and should be held to rigorous academic content standards and
expected to succeed.
(2) Access to a quality education must be provided for all of
Oregon's youth regardless of linguistic background, culture,
race, gender, capability or geographic location.
(3) A restructured educational system is necessary to achieve
the state's goals of the best educated citizens in the nation and
the world.
(4) The specific objectives of this chapter and ORS 329.905 to
329.975 are:
(a) To achieve the highest standards of academic content and
performance;
{ - (b) In addition to a diploma, to establish the
Certificates of Initial Mastery and Advanced Mastery as evidence
of new high academic standards of performance for all
students; - }
{ - (c) - } { + (b) + } To establish alternative learning
environments and services for students who experience
difficulties in achieving state or local academic standards;
{ - (d) - } { + (c) + } To establish early childhood
programs and academic professional technical programs as part of
a comprehensive educational system; and
{ - (e) - } { + (d) + } To establish partnerships among
business, labor and the educational community in the development
of standards for academic professional technical endorsements and
provide work-related learning experiences necessary to achieve
those standards.
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, English, history,
geography, economics, civics, physical education, health, the
arts and second languages. School districts and public charter
schools shall maintain control over course content, format,
materials and teaching methods. { - The rigorous academic
content standards shall reflect the knowledge and skills
necessary for achieving the Certificate of Initial Mastery, the
Certificate of Initial Mastery subject area endorsements, the
Certificate of Advanced 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 academic content standards and shall raise the standards
for mathematics, science, English, history, geography, economics,
civics, physical education, health, the arts and second languages
to the highest levels possible.
(3) School districts and public charter schools shall offer
students instruction in mathematics, science, English, history,
geography, economics, civics, physical education, health, the
arts and second languages that meets the academic content
standards adopted by the State Board of Education and meets the
requirements adopted by the State Board of Education and the
board of the school district or public charter school.
SECTION 4. ORS 329.075 is amended to read:
329.075. (1) The State Board of Education shall adopt rules, in
accordance with ORS 183.750 and ORS chapter 183, 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
content 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; - }
{ - (d) - } { + (b) + } Establishing criteria for early
childhood improvement programs;
{ - (e) - } { + (c) + } Amending the application process
for school improvement grants;
{ - (f) - } { + (d) + } Researching and developing public
school choice plans; { + and + }
{ - (g) Working with the Education and Workforce Policy
Advisor and the Department of Community Colleges and Workforce
Development to develop no fewer than six broad career endorsement
areas of study; and - }
{ - (h) - } { + (e) + } 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.
(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
(c) Include funding for the implementation and evaluation of
pilot programs in the Department of Education budget.
{ - (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 5. ORS 329.105 is amended to read:
329.105. (1) The Superintendent of Public Instruction shall
collect data and produce annual school district and school
performance reports containing information on student
performance, student behavior and school characteristics. The
purpose of the performance reports is to provide information to
parents and to improve schools through greater parental
involvement.
(2)(a) In consultation with representatives of parents,
teachers, school district boards and school administrators, the
State Board of Education shall adopt, by rule, criteria for
grading schools. Such criteria shall take into account student
performance, improvement in student performance and the
participation rate of students on the statewide assessments. The
Superintendent of Public Instruction, based on the criteria
adopted by the State Board of Education, shall assign a grade to
each school for student performance, student behavior and school
characteristics and also shall assign an overall grade to the
school. The grades shall include classifications for exceptional
performance, strong performance, satisfactory performance, low
performance and unacceptable performance.
(b) The grades received by a school shall be included in the
school district and school performance reports.
(c) If a school is within the low performance or unacceptable
performance classification in any category, the school shall file
a school improvement plan with the Superintendent of Public
Instruction and with the school district board and the 21st
Century Schools Council for the school.
(3) The Superintendent of Public Instruction shall include in
the school performance reports data for the following areas, for
each school, that are available to the Department of Education
from the most recent school year:
(a) Enrollment in English as a second language courses under
ORS 336.079;
(b) Attendance rates;
(c) School safety, such as expulsions involving weapons in the
school;
{ - (d) Students who met or exceeded standards leading to the
Certificate of Initial Mastery; - }
{ - (e) - } { + (d) + } Dropout rates and the number of
students who dropped out of school;
{ - (f) - } { + (e) + } Parent and community involvement
such as volunteer hours;
{ - (g) - } { + (f) + } Classes taught by a teacher outside
the teacher's area of certification; and
{ - (h) - } { + (g) + } School staff, identified by
category.
(4) The Superintendent of Public Instruction shall include in
the school district performance reports data for the following
areas, for each school district, that are available to the
Department of Education from the most recent school year:
(a) Resident students who attend a public school in another
school district;
(b) Facilities used for distance learning;
(c) Election results of any bond levy proposed to the electors
of the district;
(d) Expenditures;
(e) Level of support from the education service district;
(f) Administrators not assigned to a specific school;
(g) School district staff, identified by category; and
(h) Students who are eligible for special education.
(5) The Superintendent of Public Instruction shall notify the
public and the media by January 30 of each year that school
district and school performance reports are available at schools
and school districts and at the Department of Education website
and offices. The superintendent shall also include notice that
copies of school and district improvement plans can be obtained
from school and school district offices. Each school district
shall send a copy of the school district and applicable school
performance reports to each parent of a child enrolled in a
public school in the school district.
SECTION 6. { + The amendments to ORS 329.105 by section 5 of
this 2005 Act apply to school performance reports issued on or
after the effective date of this 2005 Act. + }
SECTION 7. ORS 329.105, as amended by section 5 of this 2005
Act, is amended to read:
329.105. (1) The Superintendent of Public Instruction shall
collect data and produce annual school district and school
performance reports containing information on student
performance, student behavior and school characteristics. The
purpose of the performance reports is to provide information to
parents and to improve schools through greater parental
involvement.
(2)(a) In consultation with representatives of parents,
teachers, school district boards and school administrators, the
State Board of Education shall adopt, by rule, criteria for
grading schools. Such criteria shall take into account student
performance, improvement in student performance and the
participation rate of students on the statewide assessments. The
Superintendent of Public Instruction, based on the criteria
adopted by the State Board of Education, shall assign a grade to
each school for student performance, student behavior and school
characteristics and also shall assign an overall grade to the
school. The grades shall include classifications for exceptional
performance, strong performance, satisfactory performance, low
performance and unacceptable performance.
(b) The grades received by a school shall be included in the
school district and school performance reports.
(c) If a school is within the low performance or unacceptable
performance classification in any category, the school shall file
a school improvement plan with the Superintendent of Public
Instruction and with the school district board and the 21st
Century Schools Council for the school.
(3) The Superintendent of Public Instruction shall include in
the school performance reports data for the following areas, for
each school, that are available to the Department of Education
from the most recent school year:
(a) Enrollment in English as a second language courses under
ORS 336.079;
(b) Attendance rates;
{ + (c) Student scores on statewide assessments developed and
implemented under ORS 329.485; + }
{ - (c) - } { + (d) + } School safety, such as expulsions
involving weapons in the school;
{ - (d) - } { + (e) + } Dropout rates and the number of
students who dropped out of school;
{ - (e) - } { + (f) + } Parent and community involvement
such as volunteer hours;
{ - (f) - } { + (g) + } Classes taught by a teacher outside
the teacher's area of certification; and
{ - (g) - } { + (h) + } School staff, identified by
category.
(4) The Superintendent of Public Instruction shall include in
the school district performance reports data for the following
areas, for each school district, that are available to the
Department of Education from the most recent school year:
(a) Resident students who attend a public school in another
school district;
(b) Facilities used for distance learning;
(c) Election results of any bond levy proposed to the electors
of the district;
(d) Expenditures;
(e) Level of support from the education service district;
(f) Administrators not assigned to a specific school;
(g) School district staff, identified by category; and
(h) Students who are eligible for special education.
(5) The Superintendent of Public Instruction shall notify the
public and the media by January 30 of each year that school
district and school performance reports are available at schools
and school districts and at the Department of Education website
and offices. The superintendent shall also include notice that
copies of school and district improvement plans can be obtained
from school and school district offices. Each school district
shall send a copy of the school district and applicable school
performance reports to each parent of a child enrolled in a
public school in the school district.
SECTION 8. { + The amendments to ORS 329.105 by section 7 of
this 2005 Act become operative on July 1, 2008. + }
SECTION 9. { + The amendments to ORS 329.105 by section 7 of
this 2005 Act apply to school performance reports issued on or
after July 1, 2008. + }
SECTION 10. ORS 329.447 is amended to read:
329.447. { - (1) - } School districts shall { - continue
to - } issue diplomas to students as evidence that students have
completed their public school education. At or before grade 12, a
diploma shall be conferred upon all students completing the
requirements established by the State Board of Education and the
school districts. { - In addition to the diploma, school
districts shall make the following available: - }
{ - (a) A certificate, to be conferred upon students who with
additional services and accommodations do not meet the standards
for the Certificate of Initial Mastery. - }
{ - (b) Certificate of Initial Mastery, to be conferred upon
all students meeting state and local standards and requirements
for the Certificate of Initial Mastery in particular subjects
pursuant to ORS 329.465. - }
{ - (c) Certificate of Advanced Mastery, to be conferred upon
all students meeting state and local standards and requirements
for the Certificate of Advanced Mastery in one of the areas
pursuant to ORS 329.475. - }
{ - (d) Career endorsements, which are focus areas that
identify a high quality career related course of study which
informs students about future choices and simultaneously prepares
them for further education, lifelong learning and employment. - }
{ - (2) In addition to the diploma, certificates and career
endorsements required by subsection (1) of this section, school
districts may offer Certificate of Initial Mastery subject area
endorsements, to be conferred upon all students meeting state and
local standards and requirements for a subject area endorsement
pursuant to ORS 329.465. - }
SECTION 11. ORS 329.485 is amended to read:
329.485. { - (1)(a) - } { + (1) + } The Department of
Education shall { + contract with an independent educational
assessment organization to develop and + } implement statewide a
valid and reliable assessment system for all students that
{ + is objectively scored and standards-based and that + } meets
technical adequacy standards. { - The assessment system shall
include criterion-referenced assessments including
performance-based assessments, content-based assessments, as
those terms are defined in ORS 329.075, and other valid methods
to measure the academic content standards and to identify
students who meet or exceed the standards for each mastery level
leading to the Certificate of Initial Mastery, Certificate of
Initial Mastery subject area endorsements and the Certificate of
Advanced Mastery. - }
{ - (b) The Department of Education shall develop the
statewide assessment system in mathematics, science, English,
history, geography, economics and civics. - }
{ - (2) 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. - }
{ - (3) An assessment shall be administered to students on or
after March 1 of a school year if the assessment is: - }
{ - (a)(A) A mathematics assessment that tests problem
solving skills; or - }
{ - (B) An English assessment that tests writing skills;
and - }
{ - (b) Administered as part of the statewide assessment. - }
{ - (4) The State Board of Education shall establish by rule
a process for granting a waiver to a school district of the
testing dates established by the Department of Education for the
statewide assessment. The rules adopted by the board shall
include the criteria for a waiver. - }
{ + (2) The statewide assessment system developed and
implemented under subsection (1) of this section shall:
(a) Meet the requirements of the federal No Child Left Behind
Act of 2001 (P.L. 107-110, 115 Stat. 1425);
(b) Only provide testing in reading, writing, mathematics and
science at the grade levels required by the federal No Child Left
Behind Act of 2001; and
(c) Meet the standards for educational and psychological
testing developed jointly by the American Educational Research
Association, the American Psychological Association and the
National Council on Measurement in Education that exist on the
effective date of this 2005 Act. + }
{ - (5) - } { + (3) + } 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 measured in a manner that
clearly enables the student and parents to know whether the
student is making progress toward meeting or exceeding the
academic content standards. In addition, 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 clearly enable the student and parents to know how well the
student is achieving course requirements.
{ - (6) - } { + (4) + } 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) - } { + (5) + } 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 12. { + The statewide assessment system developed and
implemented under ORS 329.485, as amended by section 11 of this
2005 Act, shall first be administered in the 2007-2008 school
year. + }
SECTION 13. ORS 329.830 is amended to read:
329.830. (1) The State Board of Education shall establish a
system of determining successful schools and dispensing
appropriate incentive rewards to those schools. The system shall
be based on a school being the measurement unit to determine
success. School success shall be determined by measuring a
school's improvement over a specific assessment period. The
successful schools program shall be voluntary.
(2) A school may submit an application to the Department of
Education for the successful schools program. The application
shall include a short statement from the school requesting
consideration for the successful schools program. The application
shall also include a copy of the school improvement plan
implemented pursuant to ORS 329.095.
(3) A school may not amend its application after the
application is submitted without approval by the state board. A
school that has submitted an application may not submit a new
application until the assessment period has ended, unless the
school withdraws the previous application.
(4) The department shall distribute incentive rewards to
schools that are determined to be successful schools. The board
shall establish criteria for determining successful schools. The
criteria shall include, but not be limited to:
(a) The results from the statewide { - assessment system
developed pursuant to - } { + assessments developed and
implemented under + } ORS 329.485;
(b) The achievement of measurable academic goals from school
improvement plans; and
(c) Other criteria relating to improvement in student learning.
(5) The department shall base the amount of the reward to each
successful school on the number of teachers employed by the
school. The minimum reward for each full-time teacher shall be
$1,000. Part-time teachers shall receive a percentage of the
reward based on the amount of time the part-time teacher worked.
Teachers hired during the assessment period shall receive a
percentage of the reward based on the length of time the teacher
worked at the school during the assessment period.
(6) Each teacher shall individually decide how to use the
reward. A reward shall be used by a teacher for classroom
enhancements or professional development. As used in this
subsection, 'classroom enhancements' means items and activities
that will improve student learning, including, but not limited
to, books, instructional materials, multimedia equipment and
software, supplies and field trips.
(7) The State Board of Education shall adopt any rules
necessary to implement the successful schools program.
SECTION 14. ORS 329.860 is amended to read:
329.860. (1) The Department of Education in consultation with
the Department of Community Colleges and Workforce Development
and the Education and Workforce Policy Advisor shall develop
models for school districts of alternative learning options that
may include Learning Centers designed to assist students who have
left school { + . + } { - in meeting the academic content
standards required for the Certificate of Initial Mastery
through - } { + The alternative learning options may
include + } the use of teaching strategies, technology and
curricula that emphasize the latest research and best practice.
{ - (2) The Learning Centers may also provide for the
integration of existing local and community programs that provide
any part of the services needed to assist individuals in meeting
the academic content standards for the Certificate of Initial
Mastery. - }
{ - (3) - } { + (2) + } The { + Learning + } Centers may
promote means of identifying, coordinating and integrating
existing resources and may include:
(a) Child care services during school hours;
(b) After-school child care;
(c) Parental training;
(d) Parent and child education;
(e) English as a second language or bilingual services for
limited proficiency students;
(f) Health services or referral to health services;
(g) Housing assistance;
(h) Employment counseling, training and placement;
(i) Summer and part-time job development;
(j) Drug and alcohol abuse counseling; and
(k) Family crisis and mental health counseling.
{ - (4) - } { + (3) + } Education service districts, school
districts or schools, or any combination thereof, may contact any
eligible elementary or secondary school student and the student's
family if the student has ceased to attend school to encourage
the student's enrollment in an education program that may include
alternative learning options. If the student or the family cannot
be located, the name and last-known address shall be reported to
the school nearest the address. The school shall attempt to
determine if that student or family is being provided services by
this state and shall seek to assist the student or family in any
appropriate manner.
SECTION 15. ORS 336.637 is amended to read:
336.637. (1) A private alternative education program shall
ensure that students receive instruction in the educational
standards adopted by the State Board of Education for the grade
level the program serves.
(2) Students enrolled in a private alternative education
program shall take the statewide assessment developed { - by
the Department of Education - } { + and implemented + } under
ORS 329.485. A private alternative education program shall be
accountable for determining the progress of its students toward
achieving academic content standards as defined in ORS 329.007.
The private alternative education program shall report, at least
annually, each student's academic progress, including the results
of the
{ - state - } { + statewide + } assessment { + , + } to
students, parents and the school district.
SECTION 16. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools { - shall - }
{ + do + } not apply to public charter schools. However, the
following laws shall apply to public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.539, 326.603, 326.607 and 342.232 (criminal records
checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850 and 659.855 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed { - by the
Department of Education - } { + and implemented + } for
{ + reading, writing, + } mathematics { - , - } { + and + }
science { - and English - } under ORS 329.485 { - (1) - } ;
(m) ORS 329.045 (academic content standards and instruction);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment); and
(p) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' shall
include public charter school as those terms are used in that
statute or rule.
(4) A public charter school shall not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacity and employees of a sponsor
acting in their official capacity are immune from civil liability
with respect to all activities related to a public charter school
within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma { - , certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery - } to any public charter school student who meets the
district's and state's standards for a high school
diploma { + . + } { - , certificate, Certificate of Initial
Mastery or Certificate of Advanced Mastery. If the school
district offers a Certificate of Initial Mastery subject area
endorsement to students who attend school in the district, then
the school district shall offer the endorsement to any public
charter school student who meets the district's and state's
standards for the endorsement. - }
(12) A high school diploma { - , certificate, Certificate of
Initial Mastery, Certificate of Initial Mastery subject area
endorsement or Certificate of Advanced Mastery - } issued by a
public charter school shall grant to the holder the same rights
and privileges as a high school diploma { - , certificate,
Certificate of Initial Mastery, Certificate of Initial Mastery
subject area endorsement or Certificate of Advanced Mastery - }
issued by a nonchartered public school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 17. ORS 341.009 is amended to read:
341.009. The Legislative Assembly finds that:
(1) The community college is an educational institution which
is intended to fill the institutional gap in education by
offering broad, comprehensive programs in academic as well as
professional technical subjects. It is primarily designed to
provide associate or certificate degree programs for some, serve
a transitional purpose for others who will continue baccalaureate
or other college work, provide the ability to enter the workforce
immediately and serve to determine future educational needs for
other students. It can provide means for continuation of academic
education, professional technical training or the attainment of
entirely new skills as demands for old skills and old occupations
are supplanted by new technologies. It may also provide the means
to coordinate courses and programs with high schools { - to
enhance the Certificate of Advanced Mastery and - } to
accommodate { + the + } successful transition { + of
students + } to college degree programs.
(2) Each community college should be so located as to be within
commuting time of a substantial majority of its students. As an
economical method of providing education close to the student's
home, the community college should remain a commuting
institution.
(3) The community college should establish its organizational
patterns to maintain a unique quality of flexibility and the
ability to change to meet changing needs.
(4) The community college is a post-high-school institution
under the general supervision of the State Board of Education. It
should not be a 'starter' institution intended to evolve into a
four-year baccalaureate institution. It should be concerned with
programs terminating before reaching the baccalaureate degree.
(5) The community college should continue to be prohibited by
law from becoming a baccalaureate degree granting institution.
(6) Admission to the community college should be open to high
school graduates or to non-high school graduates who can profit
from the instruction offered.
(7) There should be close cooperation between those directing
the community college program and those responsible for higher
education, so that lower-division college transfer programs of
the community college will provide adequate preparation for
entering baccalaureate degree granting programs, and so that
students will be able to transfer with a minimum of difficulty.
(8) The community college should offer as comprehensive a
program as the needs and resources of the area which it serves
dictate. Cost to student and quality of instruction in
established private institutions should be among the factors in
determining necessary duplication of effort.
(9) It should be the policy of the community college to open
its facilities and make available its resources to the high
schools of its area on a sound contractual basis, for appropriate
secondary or transitional courses, either academic or
professional technical, when it is within its ability to provide
facilities and it is determined that the high school cannot or
does not offer them.
(10) Programs designed to meet the needs of the area served
should be based on the actual educational and service needs of
the district. Specific professional technical courses should be
related not only to the employment opportunities of the area but
of the state and nation as well. Such determination should be
made in consultation with representatives of labor, business,
industry, agriculture and other interested groups.
(11) The State Board of Education should be responsible for
coordinating the community college program of the state and
should have general supervisory responsibilities for that
program. The State Board of Education should prepare estimates
and make the requests for legislative appropriations for a
reasonable and consistent basis of support and establish
standards for the distribution of that support.
(12) The initiative for the establishment of new community
colleges should come from the localities to be served, as a
response to demonstrated educational needs of an area. However,
these localities must not only be willing to assume the
responsibility for the institutions but must be able to provide
resources needed for an adequate educational and service program.
(13) The governing board of the community college should be
charged with the policy-making function. With respect to
educational programming, the governing board should in
cooperation with the State Board of Education:
(a) Identify educational needs of the district; and
(b) Bring together the resources necessary to meet the needs.
(14) The state should maintain a policy of substantial state
participation in community college building costs and the
maintenance of an adequate level of state support for operation.
However, no state funds should be appropriated for buildings such
as dormitories or athletic facilities for spectator sports. The
district should provide a substantial portion of the funds for
capital improvement as well as for operation of a community
college.
(15) State appropriations for community colleges shall be made
separately from those for other segments of education.
(16) The formula for the distribution of funds for operating
costs should reflect the heavier operating costs and capital
outlay for certain professional technical courses. Federal funds
received for professional technical training, adult basic
education, workforce development or other federal initiatives
should be used for those purposes only and be distributed
separately from funds appropriated by the state and should be
exempted from the computations of the present distribution
formula for operating costs.
(17) The cost of education to the individual should be
sufficiently low to permit students of low-income families to
attend. This is particularly true of tuition costs. However,
students should pay an amount sufficient to provide an incentive
to profit from the instructional program offered.
(18) Any eligible Oregon resident should have the right to
attend a community college even though not residing in a district
operating one, subject to the right of the governing board to
limit the size of classes and to give preference to students
residing in the district. Local school districts and education
service districts should have the authority to negotiate the
terms and conditions with the governing boards for the enrollment
of students residing in such areas.
SECTION 18. ORS 348.183 is amended to read:
348.183. (1) The Legislative Assembly recognizes:
(a) That an investment in educational opportunities for all
Oregonians is an investment in a strong and stable economy and
greater personal opportunities;
(b) That the single largest barrier to attending an institution
of higher education is lack of finances;
(c) The broad and diverse range of quality post-secondary
educational services provided by Oregon's institutions of higher
education, including Oregon's community colleges, state
institutions and independent not-for-profit institutions of
higher education; and
(d) The positive effects on Oregon's citizens, families and
economy of encouraging talented and hardworking students to stay
in Oregon to pursue a post-secondary education.
(2) It is the intent of the Legislative Assembly to { - : - }
{ - (a) Empower students who have achieved a Certificate of
Initial Mastery with the ability to attend an Oregon institution
of higher education; and - }
{ - (b) - } { + empower and + } reward all Oregon students
who have achieved a { - Certificate of Initial Mastery or a
comparable - } { + high + } level of academic merit in Oregon
schools with the opportunity and the necessary funding to attend
an Oregon institution of higher education.
SECTION 19. ORS 348.186 is amended to read:
348.186. (1) In addition to any other form of student financial
aid authorized by law, the Oregon Student Assistance Commission
shall award, to the extent funds are made available, an Oregon
Achievement Grant to any qualified student who:
(a) Commences at least half-time study toward a degree at the
eligible post-secondary institution within three years of high
school graduation; and
(b) Has { - received a Certificate of Initial Mastery or - }
, while a resident of Oregon, { - has - } scored at or above a
level on a nationally recognized college admissions test as
determined by the Oregon Student Assistance Commission.
(2) Any qualified student receiving an Oregon Achievement Grant
under subsection (1) of this section must use the grant for the
purpose of study in an eligible program, as defined by rule of
the Oregon Student Assistance Commission, at an eligible
post-secondary institution.
(3) The Oregon Student Assistance Commission may not award an
Oregon Achievement Grant to a qualified student who is enrolled
in a course of study required for and leading to a degree in
theology, divinity or religious education.
(4) Each Oregon Achievement Grant shall be renewed yearly
provided that the recipient has maintained satisfactory progress
toward a first associate or baccalaureate degree as determined by
the Oregon Student Assistance Commission.
(5) Notwithstanding subsection (4) of this section, no Oregon
Achievement Grant shall be renewed after a qualified student has
reached the number of credit hours required to graduate with a
baccalaureate degree at the institution the student is attending.
SECTION 20. { + ORS 329.445, 329.465, 329.467, 329.475,
329.855 and 329.885 and section 27, chapter 660, Oregon Laws
1995, are repealed. + }
SECTION 21. { + The amendments to ORS 327.506, 329.035,
329.045, 329.075, 329.447, 329.860, 336.637, 338.115, 341.009,
348.183 and 348.186 by sections 1 to 4, 10, 14 and 16 to 19 of
this 2005 Act and the repeal of ORS 329.445, 329.465, 329.467,
329.475, 329.855 and 329.885 and section 27, chapter 660, Oregon
Laws 1995, by section 20 of this 2005 Act first apply to the
2005-2006 school year. + }
SECTION 22. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect
July 1, 2005. + }
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