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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 329 Oregon Educational Act for the 21st Century; Educational Improvement and Reform
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(1) This chapter shall be known as
the Oregon Educational Act for the 21st Century.
(2) The Department of Education shall be the coordinating agency
for furthering implementation of this chapter. This chapter shall be
subject to review by the Legislative Assembly.
(3) The appropriate legislative interim committee shall:
(a) Develop the form and content expected of the ongoing review
described in this section;
(b) Notify the appropriate agencies of expectations; and
(c) Receive and evaluate regular reports from the Department of
Education and other public agencies.
(4) This review outline may be changed as needed in succeeding
years. [Subsections (3) and (4) enacted as 1991 c.693 §1a; 1993 c.45 §22;
subsections (1) and (2) formerly 326.705; 2003 c.303 §1] As used in this chapter, unless the context
requires otherwise:
(1) “Academic content standards” or “academic standards” means
expectations of student knowledge and skills 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) “Community learning center” means a school-based or
school-linked program providing informal meeting places and coordination
for community activities, adult education, child care, information and
referral and other services as described in ORS 329.157. “Community
learning center” includes, but is not limited to, a community school
program as defined in ORS 336.505, family resource centers as described
in ORS 417.725, full service schools, lighted schools and 21st century
community learning centers.
(5) “Department” means the Department of Education.
(6) “District planning committee” means a committee composed of
teachers, administrators, school board members and public members
established for the purposes of ORS 329.537 to 329.605.
(7) “English” includes, but is not limited to, reading and writing.
(8) “History, geography, economics and civics” includes, but is not
limited to, Oregon Studies.
(9) “Oregon Studies” means history, geography, economics and civics
specific to the State of Oregon. Oregon Studies instruction in Oregon
government shall include municipal, county, tribal and state government,
as well as the electoral and legislative processes.
(10) “Parents” means parents or guardians of students who are
covered by this chapter.
(11) “Public charter school” has the meaning given that term in ORS
338.005.
(12) “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.
(13) “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.
(14) “Second languages” means any foreign language or American Sign
Language.
(15) “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.
(16) “The arts” includes, but is not limited to, literary arts,
performing arts and visual arts.
(17) “21st Century Schools Council” means a council established
pursuant to ORS 329.704.
(18) “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. [1995 c.660 §2; 1999 c.1023 §4; 1999 c.1029 §1; 2001 c.759 §1;
2003 c.303 §2]Note: 329.007 was added to and made a part of ORS chapter 329 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1) The Legislative Assembly believes
that education is a major civilizing influence on the development of a
humane, responsible and informed citizenry, able to adjust to and grow in
a rapidly changing world. Students must be encouraged to learn of their
heritage and their place in the global society. The Legislative Assembly
concludes that these goals are not inconsistent with the goals to be
implemented under this chapter.
(2) The Legislative Assembly believes that the goals of
kindergarten through grade 12 education are:
(a) To demand academic excellence through a rigorous academic
program that equips students with the information and skills necessary to
pursue the future of their choice;
(b) To provide an environment that motivates students to pursue
serious scholarship and to have experience in applying knowledge and
skills and demonstrating achievement; and
(c) To provide students with lifelong academic skills that will
prepare them for the ever-changing world. [Formerly 326.710; 1995 c.660
§3]
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, English, history, geography,
economics, civics, physical education, health, the arts and second
languages;
(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 the knowledge and skills that will
provide the opportunities to succeed in the world of work, as members of
families and as citizens;
(9) Provides students with the knowledge, skills and positive
attitude that lead to an active, healthy lifestyle;
(10) Provides students with the knowledge and skills to take
responsibility for their decisions and choices;
(11) Provides opportunities for students to learn through a variety
of teaching strategies;
(12) Emphasizes involvement of parents and the community in the
total education of students;
(13) Transports children safely to and from school;
(14) Ensures that the funds allocated to schools reflect the
uncontrollable differences in costs facing each district;
(15) Ensures that local schools have adequate control of how funds
are spent to best meet the needs of students in their communities; and
(16) Provides for a safe, educational environment. [Formerly
326.715; 1995 c.660 §4; 1999 c.1029 §2; 2003 c.303 §3]
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) To establish alternative learning environments and services for
students who experience difficulties in achieving state or local academic
standards;
(d) To establish early childhood programs and academic professional
technical programs as part of a comprehensive educational system; and
(e) 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. [Formerly 326.720; 1995
c.660 §5; 2003 c.303 §4]
(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. [Formerly 326.725; 1995 c.660 §6; 1999 c.200 §29; 1999 c.1029 §3;
2003 c.303 §5]
Nothing in this chapter is
intended to be mandated without adequate funding support. Therefore,
those features of this chapter which require significant additional funds
shall not be implemented statewide until funding is available. [Formerly
326.740]
(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) 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
Department of Community Colleges and Workforce Development to develop no
fewer than six broad career endorsement 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.
(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. [Formerly 326.745; 1995 c.660 §8;
1997 c.652 §21; 1999 c.871 §1; 2003 c.303 §6]Sec. 7. Implementation of extended school year. Prior to
implementation of an extended school year, the Department of Education
shall study the fiscal, academic, societal and emotional impact of
extended school year models being used in Oregon, the United States and
other countries. The department shall report the findings of the study to
the Legislative Assembly. [1995 c.660 §7](1) A school district may submit a request to the State Board of
Education for a waiver or an extension of any timeline or timelines for
program implementation in this chapter or chapter 693, Oregon Laws 1991.
The request shall state the reasons the district needs the waiver or
cannot meet the statutory timeline or timelines. The request must also
include a written plan detailing the steps the district will take to
achieve full implementation of the program or programs for which the
waiver or extension is requested. The written plan shall be for a period
of one to five years and shall include a method to measure the progress
toward implementation of the program or programs for which a waiver or an
extension is sought. The waiver or extension shall not exceed five school
years.
(2) Upon receipt of a request for a waiver or an extension, the
board shall grant the waiver or extension if it determines that the
district has good cause to request a delay in the implementation of the
program or programs and determines that the written plan is likely to
achieve program implementation within the time requested for the waiver
or extension.
(3) The board shall establish by rule the process for applying for
and obtaining a waiver or an extension of a timeline, including the
criteria for the approval of a written plan of implementation and the
grounds constituting good cause for granting the delay in implementation
of the program. [1995 c.660 §30; 2001 c.448 §1]Note: 329.077 was added to and made a part of ORS chapter 329 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(Assessing Effectiveness)
(1) To facilitate the attainment and successful implementation of
educational standards under ORS 326.051 (1)(a), 329.025 and 329.035, the
State Board of Education or its designee shall assess the effectiveness
of each public school district. The findings of the assessment shall be
reported to the school district within six months.
(2) The board shall establish the standards, including standards of
accessibility to educational opportunities, upon which the assessment is
based.
(3) On a periodic basis, the board shall review existing standards
and, after public hearings and consultation with local school officials,
shall adopt by rule a revised set of standards. [Formerly 326.755; 1995
c.660 §10a; 1997 c.17 §1](1) The State Board
of Education shall require school districts and schools to conduct
self-evaluations and update their local district improvement plans on a
biennial basis. The self-evaluation process shall involve the public in
the setting of local goals. The school districts shall ensure that
representatives from the demographic groups of their school population
are invited to participate in the development of local district
improvement plans to achieve the goals.
(2) As part of setting local goals, school districts are encouraged
to undertake a communications process that involves parents, students,
teachers, school employees and community representatives to explain and
discuss the local goals and their relationship to programs under this
chapter.
(3) At the request of the school district, Department of Education
staff shall provide ongoing technical assistance in the development and
implementation of the local district improvement plan.
(4) The local district improvement plan shall include district
efforts to achieve local efficiencies and efforts to make better use of
resources. Efficiencies may include, but are not limited to, use of
magnet schools, energy programs, public and private partnerships,
staffing and other economies.
(5) All school districts shall, as part of their local district
improvement plan, develop programs and policies to achieve a safe,
educational environment.
(6) Local district improvement plans shall include the district’s
and school’s short-term and long-term plans for staff development.
(7) Local district and school goals and district and school
improvement plans shall be made available to the public.
(8) The self-evaluations shall include a review of demographics,
student performance, student access to and utilization of educational
opportunities and staff characteristics. However, failure to complete the
self-evaluation process shall not constitute grounds for withholding of
state moneys. [Formerly 326.760; 1995 c.660 §11](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) Dropout rates and the number of students who dropped out of
school;
(f) Parent and community involvement such as volunteer hours;
(g) Classes taught by a teacher outside the teacher’s area of
certification; and
(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. [Formerly
326.765; 1995 c.660 §12; 1999 c.938 §1; 2001 c.959 §2] (1) Prior to September 30 of each year,
the Superintendent of Public Instruction shall issue an Oregon Report
Card on the state of the public schools and progress toward achieving the
goals contained in ORS 329.025 and 329.035.
(2) The purpose of the Oregon Report Card is to monitor trends
among school districts and Oregon’s progress toward achieving the goals
stated in this chapter. The report on the state of the public schools
shall be designed to:
(a) Allow educators and local citizens to determine and share
successful and unsuccessful school programs;
(b) Allow educators to sustain support for reforms demonstrated to
be successful;
(c) Recognize schools for their progress and achievements; and
(d) Facilitate the use of educational resources and innovations in
the most effective manner.
(3) The report shall contain, but need not be limited to:
(a) Demographic information on public school children in this state.
(b) Information pertaining to student achievement, including
statewide assessment data, graduation rates and dropout rates, including
progress toward achieving the education benchmarks established by the
Oregon Progress Board, with arrangements by minority groupings where
applicable.
(c) Information pertaining to special program offerings.
(d) Information pertaining to the characteristics of the school and
school staff, including assignment of teachers, experience of staff and
the proportion of minorities and women represented on the teaching and
administrative staff.
(e) Budget information, including source and disposition of school
district operating funds and salary data.
(f) Examples of exemplary programs, proven practices, programs
designed to reduce costs or other innovations in education being
developed by school districts in this state that show improved student
learning.
(g) Such other information as the superintendent obtains under ORS
329.105.
(4) In the second and subsequent years that the report is issued,
the report shall include a comparison between the current and previous
data and an analysis of trends in public education. [Formerly 326.770;
1995 c.660 §13](Parental and Community Participation) The
Legislative Assembly recognizes that students in public elementary and
secondary schools can best reach the levels of performance expected under
the provisions of this chapter with parental and community participation
in the education process. It is, therefore, recommended but not required
that:
(1) School districts provide opportunities for parents or guardians
to be involved in establishing and implementing educational goals and to
participate in decision-making at the school site;
(2) Employers recognize the need for parents or guardians and
members of the community to participate in the education process not only
for their own children but for the educational system;
(3) Employers be encouraged to extend appropriate leave to parents
or guardians to allow greater participation in that process during school
hours;
(4) School districts enter into partnerships with business, labor
and other groups to provide workplace-based professional development
opportunities for their educational staff; and
(5) School districts enter into partnerships with recreation
groups, faith-based organizations, social service and health care
agencies, businesses, child care providers and other groups that support
children and families to create community learning centers for students,
parents and members of the surrounding community. [Formerly 326.775; 1995
c.660 §14; 2001 c.759 §2](Services for Children and Families) As used in ORS
329.150 and 329.155:
(1) “Families” means a group of individuals related by blood,
marriage or adoption, or individuals whose functional relationships are
similar to those found in such associations. The family’s purpose is the
security, support, nurturance, love, transmission of values and
facilitation of each member’s growth and development, and is the primary
social unit affecting a child’s well-being.
(2) “Services” means education and all other programs and services
addressing one or more of a child’s six basic needs as follows: stimulus,
nutrition, health, safety, nurturance and shelter.
(3) “Young children” means children zero through eight years of
age. [Formerly 326.785]
A school district may provide services for children and families at the
school site, which may include a community learning center. If the
district chooses to provide services, the design of educational and other
services to children and their families shall be the responsibility of
the school district. School districts may coordinate services with
programs provided through the local commissions on children and families
to provide services to families. To ensure that all educational and other
services for young children and their families offer the maximum
opportunity possible for the personal success of the child and family
members, it is the policy of this state that the following principles for
serving children should be observed to the maximum extent possible in all
of its educational and other programs serving young children and their
families, including those programs delivered at community learning
centers:
(1) Services for young children and their families should be
located as close to the child and the family’s community as possible,
encouraging community support and ownership of such services;
(2) Services for young children and their families should reflect
the importance of integration and diversity to the maximum extent
possible in regard to characteristics such as race, economics, gender,
creed, capability and cultural differences;
(3) Services should be designed to support and strengthen the
welfare of the child and the family and be planned in consideration of
the individual family’s values;
(4) Services should be designed to ensure continuity of care among
care givers in a given day and among service plans from year to year;
(5) Service systems should address the most urgent needs in a
timely manner including health, intervention and support services; and
(6) Service providers and sources of support should be coordinated
and collaborative, to reflect the knowledge that no single system can
serve all of the needs of the child and family. [Formerly 326.790; 1995
c.660 §15; 2001 c.759 §3](1) It is the policy of the Legislative Assembly that
programs and strategies that can substantiate a claim to prevention and
cost-effectiveness be of high priority.
(2) The Legislative Assembly finds that dollars invested in quality
programs, such as the Head Start program after which the Oregon
prekindergarten is modeled, return the costs thereof several times over
in costs saved in the areas of remedial education, corrections and human
services. [Formerly 336.005]Note: 329.153 was added to and made a part of ORS chapter 329 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) State
agencies that administer education programs and other programs that
provide services for children and families shall:
(a) Evaluate the effectiveness of the program as related to the
principles stated in ORS 329.025 and 417.305 in the earliest stages of
the budget process, including components within programs as appropriate;
(b) Articulate ways in which the program is an effective component
of agency and state priorities, goals and strategies, such as those
developed by the Oregon Progress Board, or to relevant research and
professional standards;
(c) Establish plans, interagency partnerships, implementation
practices and interactions with local coordinated comprehensive plans;
(d) Utilize the information generated by applicable state advisory
groups and by the local planning process administered by the State
Commission on Children and Families in the program assessment of needs
and decisions as to service delivery in a given community; and
(e) Identify barriers to improving program capability to serve the
needs of young children and related recommendations, if any.
(2) The processes listed in subsection (1) of this section are for
the purpose of generating interagency coordination so as to serve to the
greatest extent possible young children and their families in a
comprehensive and developmentally appropriate fashion. The information
generated by these processes shall be considered as a contribution to
subsequent budget decisions by state and local agencies, the Oregon
Department of Administrative Services and Legislative Assembly, and as a
contribution to the planning and coordination tasks of the State
Commission on Children and Families. [Formerly 326.795; 1999 c.59 §80;
1999 c.1053 §26](Community Learning Centers) (1) The
Department of Education, the Department of Human Services and the State
Commission on Children and Families shall support the development and
implementation of a network of community learning centers across the
state.
(2) Within available funding, the state commission, in conjunction
with local commissions on children and families or other organizations
that provide training and technical assistance to schools or community
programs, shall provide training and technical assistance to promote the
development and implementation of community learning centers. To the
extent possible, the state commission shall use voluntary organizations
to provide the training and technical assistance.
(3) If a community learning center is created by a school district,
the school district shall coordinate with the local commission on
children and families to ensure that the community learning center is
referenced in the local coordinated comprehensive plan, implemented
pursuant to ORS 417.775.
(4) Community learning centers created pursuant to this section
shall:
(a) Be located in or near a school or a cluster of schools;
(b) Involve parents in the care and education of their children;
(c) Involve the local community in developing and overseeing
community learning center programs;
(d) Incorporate the principles of family support services described
in ORS 329.150 and 417.342;
(e) In partnership with the local school district board, create or
designate an advisory committee to offer guidance on program development
and implementation, with membership that is representative of the
diversity of community interests, including representatives of
businesses, schools, faith-based organizations, social service and health
care agencies, cultural groups, recreation groups, municipal governments,
community colleges, libraries, child care providers, parents and youths;
(f) Conduct an assessment of strengths, needs and assets within the
community to be served by the community learning center that identifies
services being delivered in the community, defines and clarifies services
that are missing or overlapping and builds on any existing community
assessments; and
(g) Coordinate the community assessment with the local commission
on children and families.
(5) The Department of Human Services and the Department of
Education shall provide technical assistance to community learning
centers to develop policies ensuring that confidential information is
disclosed only in accordance with state and federal laws. [2001 c.759 §5;
2005 c.503 §16]Note: 329.156 to 329.159 were added to and made a part of ORS
chapter 329 by legislative action but were not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation. (1)
Community learning centers shall promote identification and coordination
of existing resources including, but not limited to, the following
services and activities:
(a) Before-school and after-school enrichment activities linked
with the school curriculum;
(b) Youth development and service learning activities;
(c) Child care programs;
(d) Mentoring and tutoring programs;
(e) Parent literacy and adult education programs;
(f) Prenatal and early childhood support programs;
(g) Parent education and support groups;
(h) Cultural activities and English as a second language programs;
(i) School-to-work and workforce development programs;
(j) Intergenerational activities connecting senior citizens with
children;
(k) Referrals for health care and other social and educational
services;
(L) Primary health care services, including immunizations, sports
physicals and well-child checkups; and
(m) Counseling services.
(2) School districts that create community learning centers shall
encourage existing family resource centers to become involved in the
development and implementation of the community learning centers. An
existing family resource center developed under ORS 417.725 may be
designated as a community learning center if the family resource center
meets the standards specified in this section and ORS 329.156.
(3) Community learning centers shall follow best practice standards
to ensure their effectiveness. [2001 c.759 §6]Note: See note under 329.156. (1) Within available funding, the
Department of Education shall, in conjunction with the Department of
Human Services, the State Commission on Children and Families,
representatives of local commissions on children and families, and the
Juvenile Crime Prevention Advisory Committee, explore the feasibility of
conducting a statewide evaluation of the effectiveness of community
learning centers. The evaluation may consider the following outcomes:
(a) Student attendance;
(b) Test scores;
(c) Parent involvement;
(d) Family mobility;
(e) Disciplinary referrals; and
(f) Referrals to the juvenile justice system.
(2) The Department of Education, in consultation with the
Department of Human Services, the State Commission on Children and
Families, representatives of local commissions on children and families,
and the Juvenile Crime Prevention Advisory Committee, shall create a form
for reporting and monitoring information collected by community learning
centers. The form shall be designed to collect the following data:
(a) Unduplicated number of children and unduplicated number of
adults served in community learning center programs;
(b) Number of requests for information and other referrals;
(c) Level of parent or customer satisfaction;
(d) Increases in or reductions of collaboration among agencies and
departments;
(e) Increases in or reductions of the use of public facilities for
community and family programs; and
(f) Outcomes listed in subsection (1) of this section. [2001 c.759
§7]Note: See note under 329.156.(Early Childhood Education)It is the policy of this state to implement programs for early
childhood education, for parenting education including instruction about
prenatal care, for child-parent centers and for extended Oregon
prekindergarten programs. By 1999, funding for programs shall be
available for 50 percent of children eligible for Oregon prekindergarten
programs, and, by 2004, full funding for programs shall be available for
all eligible children. The Oregon prekindergarten program shall continue
to be operated in coordination with the federal Head Start program in
order to avoid duplication of services and so as to ensure maximum use of
resources. The state shall continue funding Oregon prekindergarten
programs with a goal to have full funding for all eligible children.
[Formerly 326.810; 1995 c.660 §17](1) In consultation with the advisory committee for the Oregon
prekindergarten program, the Department of Education and the Department
of Community Colleges and Workforce Development shall develop a
long-range plan for serving eligible children and their families and
shall report to each regular session of the Legislative Assembly on the
funds necessary to implement the long-range plan, including but not
limited to regular programming costs, salary enhancements and program
improvement grants. The department shall determine the rate of increase
in funding for programs necessary each biennium to provide service to all
children eligible for the prekindergarten program by 2004.
(2) The Department of Education and the Department of Community
Colleges and Workforce Development shall include in their budget requests
to the Governor funds sufficient to implement each two-year phase of the
long-range plan.
(3) Each biennial report shall include but not be limited to
estimates of the number of eligible children and families to be served,
projected cost of programs and evaluation of the programs. [Formerly
326.813; 1995 c.660 §18] (1) As used in ORS
329.170 to 329.200:
(a) “Advisory committee” means the advisory committee established
specifically for the Oregon prekindergarten program established by ORS
329.170 to 329.200.
(b) “Oregon prekindergartens” means programs that are recognized by
the department as meeting the minimum program rules to be adopted by the
State Board of Education and that provide comprehensive health, education
and social services in order to maximize the potential of children three
and four years of age.
(c) “Oregon prekindergarten program” means the statewide
administrative activities carried on within the Department of Education
to allocate, award and monitor state funds appropriated to create or
assist local Oregon prekindergartens.
(2) For purposes of ORS 329.175, “eligible child” means an at-risk
child who is not a participant in a federal, state or local program
providing like comprehensive services and may include children who are
eligible under rules adopted by the State Board of Education. As used in
this subsection, “at-risk child” means a child at least three years of
age and not eligible for kindergarten whose family circumstances would
qualify that child for eligibility under the federal Head Start program.
[Formerly 326.600; 2001 c.831 §15; 2005 c.209 §10](1) The Department of
Education shall administer the Oregon prekindergarten program to assist
eligible children with comprehensive services including educational,
social, health and nutritional development to enhance their chances for
success in school and life. Eligible children, upon request of parent or
guardian, shall be admitted to approved Oregon prekindergartens to the
extent that the Legislative Assembly provides funds.
(2) Nonsectarian organizations including school districts and Head
Start grantees are eligible to compete for funds to establish an Oregon
prekindergarten. Grant recipients shall serve children eligible according
to federal Head Start guidelines and other children who meet criteria of
eligibility adopted by rule by the State Board of Education. However, not
more than 20 percent of the total enrollment shall consist of children
who do not meet Head Start guidelines. School districts may contract with
other governmental or nongovernmental nonsectarian organizations to
conduct a portion of the program. Funds appropriated for the program
shall be used to establish and maintain new or expanded Oregon
prekindergartens and shall not be used to supplant federally supported
Head Start programs. Oregon prekindergartens also may accept gifts,
grants and other funds for the purposes of this section.
(3) Applicants shall identify how they will serve the target
population and provide all components as specified in the federal Head
Start performance standards and guidelines, including staff
qualifications and training, facilities and equipment, transportation and
fiscal management.
(4) Oregon prekindergartens shall coordinate with each other and
with federal Head Start programs to ensure efficient delivery of services
and prevent overlap. Oregon prekindergartens shall also work with local
organizations such as local education associations serving young children
and make the maximum use of local resources.
(5) Oregon prekindergartens shall:
(a) Participate in the planning process under ORS 417.777 to
develop a voluntary local early childhood system plan; and
(b) Coordinate services with other services that are coordinated
through the plan. The coordination of services shall be consistent with
federal and state law. [Formerly 326.605; 2001 c.831 §16] (1) The Prekindergarten
Program Trust Fund is established as a fund in the State Treasury,
separate and distinct from the General Fund. Interest earned by the trust
fund shall be credited to the trust fund. The primary purpose of the
trust fund is to assist eligible children with comprehensive services
including educational, social, health and nutritional development to
enhance their chances for success in school and life. For this purpose,
the trust fund is continuously appropriated for and shall be expended
only for the Oregon prekindergarten program described in ORS 329.170 to
329.200.
(2) The State Board of Education may solicit and accept money in
the form of gifts, contributions and grants to be deposited in the trust
fund. Except as provided in ORS 329.185, the acceptance of federal grants
for purposes of ORS 329.170 to 329.200 does not commit state funds nor
place an obligation upon the Legislative Assembly to continue the
purposes for which the federal funds are made available.
(3) The trust fund may be listed, if otherwise qualified, on the
Oregon income tax return for checkoff pursuant to application made to the
Oregon Charitable Checkoff Commission under ORS 305.690 to 305.753 by the
State Board of Education. [1995 c.636 §4; 2001 c.831 §17] When the
federal Head Start program provides funding for programs for eligible
children at or greater than the 1990-1991 per child level, eligibility
for the state funded Oregon prekindergarten program shall be expanded to
include programs for children whose family income exceeds the federal
Head Start limits or who are in an underserved or unserved age category.
After determining the increase in income limits or age level that would
make children most in need of state programs eligible for them, the State
Board of Education may direct expenditure of any unexpended or
unobligated funds appropriated for the biennium for eligible children to
be expended for the additional children considered to be most in need. In
the following biennium, the State Board of Education shall include the
cost of any added program for the children most in need in its biennial
budget. [Formerly 326.815; 1995 c.660 §19; 2001 c.831 §18]Note: 329.185 was added to and made a part of ORS chapter 329 by
legislative action but was not added to 329.170 to 329.200. See Preface
to Oregon Revised Statutes for further explanation. The Department of Education and the
Department of Community Colleges and Workforce Development shall
establish an advisory committee composed of interested parents and
representatives from the State Commission on Children and Families,
health care profession, early childhood education and development staff
preparation programs, Oregon Head Start Association, school districts,
community colleges, Early Intervention Council, child care and other
organizations as considered necessary by the Department of Education and
the Department of Community Colleges and Workforce Development to assist
with the establishment of the Oregon prekindergarten program. [Formerly
326.615; 1999 c.39 §5; 2001 c.831 §19] (1) The State Board of Education
shall adopt rules for the establishment of the Oregon prekindergarten
program. Rules specifically shall require the Oregon prekindergarten
program to provide for parental involvement and performance standards at
a level no less than that provided under the federal Head Start program
guidelines. Federal Head Start program guidelines shall be considered as
guidelines for the Oregon prekindergarten program.
(2) In developing rules for the Oregon prekindergarten program, the
board shall consult with the advisory committee and shall consider such
factors as coordination with existing programs, the preparation necessary
for instructors, qualifications of instructors, training of staff,
adequate space and equipment and special transportation needs.
(3) The Department of Education and the Department of Community
Colleges and Workforce Development shall review applications for the
Oregon prekindergarten program received and designate those programs as
eligible to commence operation by July 1 of each year. When approving
grant applications, to the extent practicable, the State Board of
Education shall distribute funds regionally based on percentages of unmet
needs as identified in the voluntary local early childhood system plans
that are part of the local coordinated comprehensive plans developed
under ORS 417.775 for the county or region. [Formerly 326.620; 2001 c.831
§20](1) The Superintendent of Public
Instruction shall report to the Legislative Assembly on the merits of
continuing and expanding the Oregon prekindergarten program or
instituting other means of providing early childhood development
assistance.
(2) The superintendent’s report shall include specific
recommendations on at least the following issues:
(a) The relationship of the state-funded Oregon prekindergarten
program with the common school system;
(b) The types of children and their needs that the program should
serve;
(c) The appropriate level of state support for implementing the
program for all eligible children, including related projects to prepare
instructors and provide facilities, equipment and transportation;
(d) The state administrative structure necessary to implement the
program; and
(e) Licensing or endorsement of early childhood teachers.
(3) The Department of Education, in consultation with the
Department of Community Colleges and Workforce Development, shall
examine, monitor and assess the effectiveness of the Oregon
prekindergarten program. The superintendent shall make biennial reports
to the Legislative Assembly on the effectiveness of the program.
[Formerly 326.625; 2001 c.831 §21; 2005 c.209 §11](Early Childhood Improvement Program) As used in ORS
329.215 to 329.235:
(1) “Approved program” means an early childhood education program
approved by the Department of Education.
(2) “At-risk children” means children who may have difficulty
achieving in school and who meet criteria established by the State Board
of Education by rule.
(3) “Early childhood education” means educational programs that
conform to the standards adopted by the State Board of Education by rule
and that are designed for the education and training of children who are
at least three years of age but have not passed their ninth birthday, and
includes all special educational programs established and operated under
this chapter.
(4) “Early Childhood Improvement Program” means those programs
meeting the criteria included in ORS 329.237 and complying with rules
adopted by the State Board of Education.
(5) “Extended day services” means programs that serve young
children and operate during hours beyond regular school time. [Formerly
343.415](1) The Department of Education shall prepare
operating guides for early childhood education programs applicable to
programs under ORS 329.215 to 329.235 that are consistent with
requirements imposed by the State Board of Education by rule for
kindergarten through grade three.
(2) The Department of Education shall review applications for
approval of early childhood education programs and may approve those
prekindergarten programs after considering:
(a) The educational adequacy and type of program.
(b) The number of children who will be served by the program.
(c) The availability of trained personnel and facilities.
(d) The need for the program in the applying district.
(3) Providers of early childhood education programs shall:
(a) Participate in the planning process under ORS 417.777 to
develop a voluntary local early childhood system plan; and
(b) Coordinate services with other services that are coordinated
through the plan. The coordination of services shall be consistent with
federal and state law. [Formerly 343.425; 2001 c.831 §22] (1) The Early
Childhood Education Trust Fund is established as a fund in the State
Treasury, separate and distinct from the General Fund. Interest earned by
the trust fund shall be credited to the trust fund. The primary purpose
of the trust fund is to assist public school districts in providing
programs designed to improve educational services for children enrolled
in kindergarten through grade three. For this purpose, the trust fund is
continuously appropriated to the Department of Education for programs
described in ORS 329.215 to 329.235.
(2) The State Board of Education may solicit and accept money in
the form of gifts, contributions and grants to be deposited in the trust
fund. The acceptance of federal grants for purposes of ORS 329.215 to
329.235 does not commit state funds nor place an obligation upon the
Legislative Assembly to continue the purposes for which the federal funds
are made available.
(3) The trust fund may be listed, if otherwise qualified, on the
Oregon income tax return for checkoff pursuant to application made to the
Oregon Charitable Checkoff Commission under ORS 305.690 to 305.753 by the
State Board of Education. [1995 c.636 §2; 2005 c.209 §12] Subject to the
approval of the Superintendent of Public Instruction:
(1) The district school board of any school district in which there
are resident children who are three years of age or older but who have
not attained compulsory attendance age and who are not enrolled in a
kindergarten of the district may:
(a) Provide early childhood education for such children as part of
the district’s educational program; or
(b) When the board considers a contract to be economically feasible
and in the interests of the learning opportunities of eligible children,
contract for instruction of such children in a school district operating
an approved early childhood education program, subject to such
reimbursement as the districts may agree.
(2) An education service district may operate an approved early
childhood education program in the same manner as programs are provided
under ORS 334.175 or 334.185. [Formerly 343.435] (1) The
Department of Education shall administer the Early Childhood Improvement
Program to assist public school districts in providing programs designed
to improve educational services for children enrolled in kindergarten
through grade three. Programs shall be based on research and proven
successful practices.
(2) The programs shall include the following planned components:
(a) Targeted services for “at-risk” children that may be in
cooperation with local commissions on children and families to provide
services to families, which may include but are not limited to remedial
and alternative academic programs, child care, parent participation and
child development services.
(b) Efforts to improve the kindergarten through third grade
curriculum and educational practices so that they:
(A) Are consistent with research findings on how children learn;
(B) Are sensitive to individual differences such as cultural
background and learning styles; and
(C) Encourage parent participation. Such efforts may include but
are not limited to adapting curricula and training administrators and
other staff in early childhood education and child development.
(c) Comprehensive education, health care and social services for
children to be provided through interagency agreements among school
districts, health care and social service providers.
(d) Evaluation of programs by goals set by the district for the
program.
(e) Planned transition from prekindergarten programs to
kindergarten through grade three.
(3) In addition to the components listed in subsection (2) of this
section, Early Childhood Improvement Programs may include but are not
limited to the following components:
(a) Extended day services for school-age children who need care or
enrichment opportunities; and
(b) Programs designed to improve the adult to child ratios in
kindergarten through grade three.
(4) The district application shall include:
(a) Plans developed by 21st Century Schools Councils at the school
building level as described in ORS 329.704; and
(b) Demonstrated consistency with the local assessments and local
coordinated comprehensive plans resulting from ORS 417.705 to 417.801.
(5) Funds shall be available to districts with approved
applications on a per child basis for the district’s children enrolled in
kindergarten through grade three. Funds not allocated shall be prorated
to the districts with approved applications not later than the end of the
fiscal year for which the allocation is made.
(6) If the district plan proposes use of innovative instructional
materials, the State Board of Education, pursuant to ORS 337.050, may
waive the use of such instructional materials as might otherwise have
been required. [Formerly 336.435; 1995 c.660 §20; 1999 c.59 §81; 1999
c.1053 §27] (1) The State Board of Education shall
adopt rules for the establishment of the Early Childhood Improvement
Program. Rules shall require school districts to include in their
applications cooperative efforts with other programs for young children.
(2) The Department of Education shall review and approve
applications by July 1 of each year. [Formerly 336.437](Child Development and Student-Parent Programs) (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 and their families.
(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, 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 to assist
them in early identification of pupils enrolled therein with learning or
developmental problems.
(c) To parents of pupils enrolled in 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 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
school.
(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. [Formerly 343.125; 1995 c.660 §21; 1999 c.871 §§2,3] (1) Following the close of
each fiscal quarter for which reimbursement is claimed, any district
making the services of a child development specialist available pursuant
to ORS 329.255 in a state approved program shall file a verified claim
with the Superintendent of Public Instruction for the reimbursement as
designated in the notice of allotment for the costs incurred by the
district in providing the services of the child development specialist.
(2) If the Superintendent of Public Instruction approves the
application for reimbursement, the superintendent shall cause the
district to be reimbursed in the amount claimed in accordance with the
state approved program provided in subsection (1) of this section. In no
case shall the state reimbursement from funds available for the child
development specialist program exceed 75 percent of the approved annual
cost of the program nor shall the state’s expenditure exceed the amount
appropriated by the Legislative Assembly for this purpose. [Formerly
343.135](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) 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. [Formerly
343.145; 1999 c.871 §§4,5](1) The Department of Education shall prepare operating guides
for child development programs and for student-parent programs applicable
to programs under this section that are consistent with requirements
imposed by the State Board of Education.
(2) The Department of Education shall review applications for
approval of child development programs and student-parent programs and
may approve up to 20 child development and up to 20 student-parent
programs after considering:
(a) The educational adequacy and type of programs.
(b) The number of students and children who are to be served by the
program.
(c) The availability of trained personnel and facilities.
(d) The need for the programs in the applying district.
(3) In approving applications for child development programs, the
department shall require that the school district use the contributions
described in ORS 315.234 (2003 or earlier edition) for child development
curriculum and in the formulation and initiation of on-site child
development centers. Each center must be able to accommodate not more
than 30 full-time equivalent spaces for children, distributed according
to needs of the community.
(4) In approving applications for student-parent programs, the
department shall require that the school district use the contributions
described in ORS 315.234 (2003 or earlier edition) for appropriate
education for student-parents leading to graduation and in the
formulation and development of appropriate on-site child care facilities.
Each facility must be able to accommodate not more than 30 full-time
equivalent spaces for children, distributed according to the needs of the
student-parents.
(5) As used in this section:
(a) “Child development program” means an educational program that
conforms to standards adopted by the State Board of Education and that
consists of an education component and a child care component.
(b) “Student-parent program” means an educational program that
conforms to standards adopted by the State Board of Education and that
consists of education for the student-parent and child care for the
student-parent’s child. [Formerly 336.850; 1995 c.278 §38; 2005 c.94 §113] As used in ORS
329.395 to 329.425:
(1) “Child development program” means an educational program funded
by ORS 329.395 to 329.425 that conforms to standards adopted by the State
Board of Education and that consists of an education component and a
child care component.
(2) “Teenage parent program” means an educational program funded by
ORS 329.395 to 329.425 that conforms to standards adopted by the State
Board of Education and that consists of education for the student-parent
and child care for the student-parent’s child. [Formerly 336.870; 1995
c.278 §39] The Department of Education
shall study the child development program and the teenage parent program
at Churchill High School in Eugene and other programs that provide
services of a similar nature to determine how these programs could be
replicated in other high schools. [Formerly 336.875] (1) An approved school
district child development program shall be entitled to receive a grant
not to exceed $50,000.
(2) An approved school district teenage parent program shall be
entitled to receive a grant not to exceed $25,000.
(3) A district may receive grants under both subsections (1) and
(2) of this section but no district is entitled to receive more than
$75,000 for the grant period. [Formerly 336.885](Diplomas; Certificates of Mastery) The
Department of Education shall review district improvement plans to ensure
that the school restructuring efforts framed in this chapter address the
unique learning and developmental needs of the middle educational levels
between the early childhood education and Certificate of Initial Mastery
levels detailed in this chapter. [Formerly 326.730; 1995 c.660 §22](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.
[1995 c.660 §25; 2003 c.303 §7] (1) In order to receive a high
school diploma from a school district, a student must meet the
requirements established by the State Board of Education and, while in
grades 9 through 12, must complete:
(a) At least 24 credit hours, as defined by rule of the board;
(b) Three years of mathematics; and
(c) Four years of English.
(2) Notwithstanding subsection (1) of this section, a school
district may award a diploma to a student who does not meet the
requirements of subsection (1)(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; or
(b) Displays proficiency in mathematics or English at a level
established by the board. [2005 c.827 §1]Note: Section 3, chapter 827, Oregon Laws 2005, provides:
Sec. 3. The requirements of section 1 of this 2005 Act [329.451]
apply to students who receive a high school diploma from a school
district on or after July 1, 2009. [2005 c.827 §3]Note: 329.451 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 329 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1) The State Board of Education shall adopt academic content standards
and requirements for the Certificate of Initial Mastery and for
Certificate of Initial Mastery subject area endorsements.
(2) The State Board of Education shall prescribe the academic
content standards, pursuant to ORS 329.025 and 329.035, that a student
must meet in order to obtain the Certificate of Initial Mastery or a
Certificate of Initial Mastery subject area endorsement. The Certificate
of Initial Mastery and the Certificate of Initial Mastery subject area
endorsements shall be based on a series of performance-based assessments
and content assessments benchmarked to mastery levels. The assessment
methods shall include work samples and tests. The state board shall
establish a certificate for students who, with additional services and
accommodations, do not meet the standards for the Certificate of Initial
Mastery. 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 or a
Certificate of Initial Mastery subject area endorsement 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.
(4)(a) The state board shall establish the minimum number of work
samples that a student must complete in each subject to receive the
Certificate of Initial Mastery or to receive a Certificate of Initial
Mastery subject area endorsement.
(b) If a school district receives the approval of the Department of
Education, the school district may require a student, as part of the
requirements for the Certificate of Initial Mastery or a Certificate of
Initial Mastery subject area endorsement, to complete a greater number of
work samples for a particular subject than the minimum number established
by the state board.
(5) The state board shall adopt requirements for the Certificate of
Initial Mastery in mathematics, science and English. Each school district
shall implement the Certificate of Initial Mastery in mathematics,
science and English.
(6) In addition, the state board shall adopt requirements for
Certificate of Initial Mastery subject area endorsements in history,
geography, economics, civics, physical education, health, the arts and
second languages. A school district may offer to the students of the
school district a Certificate of Initial Mastery subject area endorsement
in any of the following:
(a) History, geography, economics and civics.
(b) Physical education.
(c) Health.
(d) The arts.
(e) Second languages.
(7) A student may receive a Certificate of Initial Mastery subject
area endorsement only if the student has received the Certificate of
Initial Mastery.
(8) The state board or a school district may not make the creation
of a student portfolio a requirement for the Certificate of Initial
Mastery or a Certificate of Initial Mastery subject area endorsement.
(9) The provisions of this section may be applied individually as
appropriate to students enrolled in special education programs under ORS
chapter 343.
(10) The Department of Education shall develop procedures to
accommodate out-of-state students, students taught by a parent, legal
guardian or private teacher as described in ORS 339.030, private school
students transferring into public schools and migrant children from other
states and countries.
(11) 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, legal guardian or private teacher as described in ORS
339.030. [Formerly 335.140; 1995 c.660 §23; 1999 c.717 §3; 1999 c.1029
§4; 2003 c.303 §8] The
State Board of Education shall submit Certificate of Initial Mastery
standards, requirements and plans for implementation to the legislative
interim committees on education for input and direction before
administrative rules for the Certificate of Initial Mastery are adopted.
[1995 c.660 §24a]
(1) After the State Board of Education adopts standards and rules for the
Certificate of Advanced Mastery, each school district shall institute
programs that allow students to qualify for a Certificate of Advanced
Mastery with career endorsements that prepare students for post-secondary
academic pursuits and professional technical careers.
(2) School districts may implement the programs in a public
education institution such as a public school, education service
district, community college, public professional technical school or
institution of higher education, or any combination thereof, that enrolls
the student and meets the requirements of the State Board of Education.
(3) The programs must provide a combination of work-related
learning experiences and study in accordance with ORS 329.855. The
program shall include a comprehensive educational component that meets
rigorous academic standards.
(4) All courses necessary for a Certificate of Advanced Mastery
shall be available to all students.
(5) The State Board of Education shall adopt a framework for the
Certificate of Advanced Mastery programs and timelines for implementation
of the programs for the school districts to follow as resources become
available to the school districts. The Department of Education may
provide technical assistance to assist school districts in the
implementation of the Certificate of Advanced Mastery programs.
(6) In establishing the requirements for Certificates of Advanced
Mastery with career endorsements, the State Board of Education shall
adopt rules that facilitate movement among the endorsements and shall
encourage public school choice and mobility so as to enhance a student’s
opportunities for a full range of educational experiences.
(7) The public education institution shall be reimbursed for the
student’s tuition by the district in which the student resides pursuant
to ORS 339.115 and rules of the State Board of Education, in an amount
not to exceed the student’s tuition or the amount the district receives
for the student from state funds, whichever is less. A school district
shall not receive state funds for the student in an amount that exceeds
the student’s tuition. Any adult who wishes to pursue an endorsement, or
any student having earned the Certificate of Advanced Mastery or a
diploma or who has attained 19 years of age and who wishes to continue a
program, may do so by paying tuition. As used in this section, “public
education institution” does not include a public school to which a
student has transferred under ORS 329.485.
(8) Programs developed under this section shall meet the highest
academic standards possible and provide students with opportunities for a
broad range of quality work-related learning experiences.
(9) A high school diploma issued by a private or out-of-state
secondary school as signifying successful completion of grade 12 shall be
considered equivalent to a high school diploma issued by an Oregon public
school. [Formerly 335.150; 1995 c.660 §28; 1995 c.769 §1; 1997 c.353 §1;
2003 c.303 §9]Note: Section 27, chapter 660, Oregon Laws 1995, provides:
Sec. 27. Certificate of Advanced Mastery implementation by school
districts; incentive programs. (1) Pursuant to the standards and rules
adopted by the State Board of Education, each school district prior to
September 1, 2008, shall institute programs that allow students to
qualify for the Certificate of Advanced Mastery. However, a school
district is not required to award any Certificate of Advanced Mastery
prior to September 1, 2008.
(2) The Department of Education shall establish incentive programs
to encourage school districts to implement the Certificate of Advanced
Mastery prior to September 1, 2008. The incentive programs shall provide
a variety of models for implementation of the Certificate of Advanced
Mastery in school districts that vary in size and location in the state.
The incentive programs shall also provide a variety of models for career
endorsement areas.
(3) Notwithstanding subsection (1) of this section, school
districts shall demonstrate continued progress toward development and
implementation of the Certificate of Advanced Mastery prior to statewide
implementation. [1995 c.660 §27; 1997 c.353 §2; 2003 c.303 §16](1)(a)
The Department of Education shall implement statewide a valid and
reliable assessment system for all students 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) 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.
(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.
(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). [Formerly 335.160;
1995 c.660 §29; 2001 c.269 §1; 2003 c.303 §10; 2005 c.220 §1](1) Within the State of Oregon’s kindergarten through grade 12
education system, proficiency for students in American Sign Language
shall be in accordance with rules adopted by the State Board of Education
pursuant to ORS chapter 329 and any other applicable state or federal law.
(2) The State Board of Education is encouraged to continue to:
(a) Coordinate with the State Board of Higher Education and the
Oregon State School for the Deaf to develop curricula for American Sign
Language courses;
(b) Implement programs to locate and prepare qualified teachers and
interpreters of American Sign Language; and
(c) Assist public high schools in identifying local and regional
needs and resources available for American Sign Language courses. [1995
c.687 §1]Note: 329.489 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 329 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The
Department of Education shall develop academic content standards for
Oregon Studies. The department shall consult with the Oregon Historical
Society in the development of the academic content standards in Oregon
Studies and in the preparation of materials to support teacher training
and classroom instruction in Oregon Studies. The materials shall include
a balanced presentation of the relevant contributions to society by men
and women of African-American, Hispanic, Native American, Asian-American
and other racial groups in Oregon.
(2) The Oregon Historical Society may use any public funds
allocated to the Oregon Historical Society for the purposes of this
section. In addition, the Oregon Historical Society may raise additional
funds from private sources for the purposes of this section. [1999 c.1023
§3; 2003 c.303 §11]OREGON 21st CENTURY SCHOOLS PROGRAM(1) There is a high
priority given to the Oregon 21st Century Schools Program under ORS
329.537 to 329.605 and the School Improvement and Professional
Development program under ORS 329.675 to 329.745. Therefore, in addition
to other funds available for the purposes of the Oregon 21st Century
Schools Program and the School Improvement and Professional Development
program, as funds become available, an additional amount may be allocated
by the Legislative Assembly for the purposes of these programs. The
amount shall be distributed to eligible school districts at the same time
and in the same manner as the State School Fund is distributed. The
amount distributed to any eligible school district depends on the amount
approved in the school district’s application.
(2) The decision to distribute funds under this section shall be
made by the State Board of Education on advice of the Oregon 21st Century
Schools Advisory Committee. [1991 c.693 §13; 1995 c.660 §49] The Legislative Assembly finds that:
(1) Because American society and the American student are changing
dramatically, schools and schooling must be altered significantly in
order to sustain their relevance and their vitality in an increasingly
challenging world;
(2) Real and fundamental change in the structure of schools and
education must emerge from the school site rather than be imposed
externally or unilaterally and should be based on professional knowledge
and a solid foundation of research;
(3) To encourage the restructuring of schools in Oregon, the state
should establish a process to allow teachers, administrators and the
public to modify or waive, or both, certain statutes, rules and local
policies and agreements in order to promote greater flexibility in the
way schools are organized, managed and financed; and
(4) In exchange for such flexibility, teachers, administrators and
the public should be held accountable to clear and measurable standards
of student learning and other educational performance. [Formerly 336.535]
(1) There is established a program to be known as the “Oregon 21st
Century Schools Program.”
(2) The purposes of this program include the following:
(a) To encourage the restructuring of school operations and formal
relationships among teachers, administrators, other school personnel and
local citizens for purposes of improving student achievement, including
but not limited to modifications of the following:
(A) The length and structure of the school day and the school year;
(B) Curriculum requirements;
(C) Graduation requirements;
(D) The licensing, assignment and formal responsibilities of
teachers, administrators and other school personnel;
(E) State statutes and rules and local policies and agreements
relating to educational practices, with the exception of those that
affect health, safety or constitutional rights under state or federal law;
(F) The formal and informal relationships between school districts
and other entities, including community colleges, four-year colleges and
universities, businesses and other institutions; and
(G) The integration of traditional services to kindergarten through
grade 12 with public and privately sponsored services, such as early
childhood education, child care and assistance for teenage parents and
other at-risk youth.
(b) To encourage educators, school districts and local citizens to
establish measurable goals for educational attainment and increased
expectations for student performance, including but not limited to
improvement in such performance measures as:
(A) Student dropout rates;
(B) District, state and national standardized tests and other
assessments of student learning and educational progress;
(C) The extent and nature of parental involvement in school
activities;
(D) Student conduct and disciplinary actions;
(E) Student expectations and attitudes towards learning; and
(F) Student success in college, professional and other
post-secondary programs. [Formerly 336.540; 1995 c.278 §40; 1995 c.343
§28; 1995 c.660 §31] (1) Any district school
board is eligible to submit an application for the Oregon 21st Century
Schools Program.
(2) Applications may be made on behalf of the following:
(a) An individual school building;
(b) Two or more school buildings within a district;
(c) All school buildings within a district; or
(d) A consortium consisting of two or more school districts.
[Formerly 336.545] (1)
To the extent practicable, the development of the application and the
administration of programs under ORS 329.537 to 329.605 shall be
delegated by the state and school districts to the 21st Century Schools
Councils.
(2) If more than one school building is part of an application, the
21st Century Schools Councils may elect to establish a district planning
committee to facilitate the development of its application. A district
planning committee shall consist of:
(a) Administrators and at least one school board member to be
chosen by the school board.
(b) Teachers, chosen by the exclusive representative, in a number
equal to those appointed under paragraph (a) of this subsection.
(c) At least three public members, chosen jointly by the other
members of the committee.
(3) To participate in the Oregon 21st Century Schools Program, and
prior to submission of an application by the school board, a school
district shall have accomplished the following:
(a) Identified the school building or buildings and, if
appropriate, the school district or districts on whose behalf the
application is submitted.
(b) Established, in each school building affected by the proposal,
a 21st Century Schools Council.
(c) Agreed, at the direction of the 21st Century Schools Councils
and, if applicable, the district planning committee, upon the following:
(A) The major activities to be carried out as part of the project,
including but not limited to the nature and extent of the restructuring
of school operations and formal relationships as described in ORS 329.555
(2).
(B) The specified measures of student learning and achievement,
including but not limited to those described in ORS 329.555 (2) for each
building affected by the application.
(C) The process by which each 21st Century Schools Council and,
where applicable, the district planning committee will collect data and
assess the progress and final performance of its program.
(4) The local district school board shall be responsible for
submitting the application and certifying that all appropriate
requirements of ORS 329.537 to 329.605 have been met. [Formerly 336.550;
1995 c.660 §32] (1) All applications for the Oregon
21st Century Schools Program shall be submitted to the Department of
Education, and shall contain the following:
(a) A letter of support from the school board and the exclusive
representative of teachers in the buildings affected if waiver of a
collective bargaining obligation over mandatory subjects of collective
bargaining, a right or obligation under a collective bargaining contract
or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553,
342.608, 342.610, 342.613 or 342.650 is required.
(b) An abstract of the nature and objectives of the project and a
description of the changes projected to occur in the school or district,
or any combination thereof, as a result of the proposal.
(c) A description of the goals and major activities to be carried
out as part of the project, including but not limited to the nature and
extent of the restructuring of school operations and formal relationships
as described in ORS 329.555 (2). The application shall also describe the
process used to identify the goals and major activities of the project.
(d) A list of the major student learning and educational outcomes
that are projected to occur as a result of the project, including but not
limited to those outcomes described in ORS 329.555 (2).
(e) A description of all statutes and rules to be modified or
waived to complete the activities of the project. For each provision, the
application shall include a statement describing why the modification or
waiver is warranted.
(f) A description of all district rules and agreements that are to
be modified or waived. All such provisions shall be approved by a
majority vote of each 21st Century Schools Council, the affirmative vote
of at least two-thirds of the licensed teachers in the affected school
buildings and the approval of the local district school board and the
exclusive representative of the teachers if waiver of a collective
bargaining obligation over mandatory subjects of collective bargaining, a
right or obligation under a collective bargaining contract or any right
under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608,
342.610, 342.613 or 342.650 is required.
(g) A budget plan for the project and additional anticipated
sources of funding, if any, including private grants and contributions.
(h) A description of the process by which data will be collected
and assessed to measure student learning and other educational
performance attributable to the project.
(i) Letters expressing support and a willingness to participate
from community colleges and other post-secondary institutions, where
appropriate.
(j) The number of school years for which approval is sought. The
period shall be no less than one year and no more than five years.
(k) A description of how the district intends to share and
disseminate to other school districts those practices that prove
effective.
(2) Applications shall contain all the components of subsection (1)
of this section to be eligible for approval.
(3) The application may also contain written statements of support
from parents, citizens, local businesses and other interested individuals
and organizations. [Formerly 336.555; 1997 c.864 §20; 2001 c.448 §2] (1) In addition to the application
described in ORS 329.575 for the Oregon 21st Century Schools Program or
ORS 329.695 for the School Improvement and Professional Development
program, a school district may submit proposals to:
(a) Modify laws, rules or policies; and
(b) Implement district or school improvement plans.
(2) A district that applies under this section shall submit a
proposal in accordance with rules adopted by the State Board of
Education. When more than one school building is part of an application,
the board may require a demonstration in the application process of
coordination among such school buildings.
(3) A proposal submitted under this section shall be approved by
the school district board and by the exclusive representatives of the
teachers in the district if waiver of a collective bargaining obligation
over mandatory subjects of collective bargaining, a right or obligation
under a collective bargaining contract or any right under ORS 243.650 to
243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650
is required. [Formerly 336.557; 1995 c.660 §33; 1997 c.864 §21](1) The Oregon 21st Century Schools
Advisory Committee, appointed by the State Board of Education under ORS
329.700, shall propose rules, for adoption by the state board, to govern
the submission and approval of applications under ORS 329.537 to 329.605.
(2) The advisory committee shall review all applications submitted
under ORS 329.537 to 329.605 and recommend applications for approval by
the state board including but not limited to the following criteria:
(a) The existence of significant, measurable and achievable goals
based on student performance;
(b) The extent to which the district has demonstrated the need for
the requested modifications and waiver of specified statutes and rules
and local policies and agreements;
(c) The extent to which the application proposes significant
changes in the structure of school operations and the formal
relationships between teachers, administrators, other school personnel
and public citizens, as described in ORS 329.555;
(d) The clarity of purpose and values underlying the proposal;
(e) Evidence of thoroughness in identifying, developing and
projecting implementation of the proposed activities;
(f) Evidence of potential transferability of the proposed
activities and practices that are judged to be successful;
(g) A determination that modification or waiver of statutes and
rules and local policies and agreements will not be detrimental to the
health, safety or constitutional rights of students, teachers,
administrators, other school personnel or the public under state or
federal law; and
(h) A demonstration of support and commitment from all parties to
support and faithfully implement the proposal.
(3) The advisory committee may suggest modifications in submitted
applications, subject to the approval of the school board, the exclusive
representative of teachers if waiver of a collective bargaining
obligation over mandatory subjects of collective bargaining, a right or
obligation under a collective bargaining contract or any right under ORS
243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613
or 342.650 is required, and each 21st Century Schools Council involved in
the project.
(4) The state board shall consider the recommendations of the
advisory committee and make the final decisions on approval of the
applications, using the criteria contained in subsection (2) of this
section. Before making these decisions, the state board shall allow
opportunity for comment by persons submitting the applications and by the
public. [Formerly 336.560; 1997 c.864 §22] (1) Each
district that receives approval for a project under the Oregon 21st
Century Schools Program shall submit an annual report to the advisory
committee appointed under ORS 329.700 and to the local community. The
report shall include specific data that reflect the nature and extent of
changes in student learning and other performance as described in its
application.
(2) Along with its annual report, a district may submit proposed
amendments to its approved program describing additional statutes, rules
or local policies and agreements that it proposes to waive. Such
amendments must be accompanied by a statement of support from the local
school board, the exclusive representative of teachers if waiver of a
collective bargaining obligation over mandatory subjects of collective
bargaining, a right or obligation under a collective bargaining contract
or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553,
342.608, 342.610, 342.613 or 342.650 is required, and each 21st Century
Schools Council involved in the project. The advisory committee may
recommend approval of such amendments upon a finding of satisfactory
progress by the district and a determination that all other provisions of
ORS 329.537 to 329.605 have been met.
(3) If, based upon these annual reports, the advisory committee
determines that a district’s progress is unsatisfactory, the advisory
committee may recommend to the State Board of Education that the district
be placed on probation for a one-year period. During the probationary
year, the district shall be eligible for special assistance from the
Department of Education. During the probationary year, the district shall
also prepare a contingency plan in the event it is ordered to terminate
its project prematurely.
(4) If, after the probationary period described in subsection (3)
of this section, the district’s progress is still unsatisfactory in the
judgment of the advisory committee, the advisory committee may recommend
that the state board terminate the project and implement its plan for
returning to compliance with previously waived statutes, rules and local
policies and agreements.
(5) A district may terminate its application by submitting to the
board a request for termination that has been approved by the school
board, the exclusive representative of teachers if waiver of a collective
bargaining obligation over mandatory subjects of collective bargaining, a
right or obligation under a collective bargaining contract or any right
under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608,
342.610, 342.613 or 342.650 is required, and the 21st Century Schools
Councils. [Formerly 336.565; 1997 c.864 §23] The Department of Education
shall be responsible for oversight in the implementation of approved
projects. In carrying out this oversight function, the department shall:
(1) Maintain regular contact with educators, school building
personnel and school district personnel through site visitations, reports
and other appropriate contacts.
(2) Develop and coordinate linkages between participating school
districts and other educational institutions, including community
colleges, four-year colleges and universities.
(3) Regularly collect relevant information from participating
educators, school building personnel and district personnel. [Formerly
336.570]SCHOOL IMPROVEMENT AND PROFESSIONAL DEVELOPMENT PROGRAM(Generally)
(1) “Beginning administrator” means an administrator who:
(a) Is employed as an administrator by a school district; and
(b) Has been assigned for fewer than three successive school years
as a licensed or acting administrator in any public, private or
state-operated school.
(2) “Beginning teacher” means a teacher who:
(a) Possesses a teaching license issued by the Teacher Standards
and Practices Commission;
(b) Is employed at least half-time, primarily as a classroom
teacher, by a school district; and
(c) Has taught fewer than three successive school years as a
licensed probationary teacher in any public, private or state-operated
school.
(3) “Mentor” means a teacher or administrator who:
(a) Possesses a teaching, personnel service or administrative
license issued by the Teacher Standards and Practices Commission;
(b) Has successfully served for three or more years as a licensed
teacher or administrator in any public school;
(c) Has been selected and trained as described in ORS 329.815; and
(d) Has demonstrated mastery of the appropriate subject matter
knowledge and teaching and administrative skills.
(4) “Mentorship program” means a program provided by a mentor
teacher or administrator to a beginning teacher or administrator that
includes, but is not limited to, direct classroom observation and
consultation, assistance in instructional planning and preparation,
support in implementation and delivery of classroom instruction,
development of school leadership skills and other assistance intended to
assist the beginning teacher or administrator to become a confident and
competent professional educator who makes a positive impact on student
learning. [Formerly 336.705; 1995 c.660 §34; 1997 c.249 §95; 1997 c.383
§7; 2001 c.317 §1] (1) Further initiatives to promote
educational excellence in the public schools are of vital importance in
increasing student learning and strengthening Oregon’s economy.
(2) The state should encourage and assist local school districts in
their efforts to establish school goals through a process that involves
educators and members of the community and to develop effective tools to
measure progress against those goals that will increase the public
accountability of educational programs.
(3) New career opportunities for professional development are
desirable to recognize and reward those teachers who have demonstrated
mastery of teaching skills, knowledge of their subject matter and other
appropriate indicators of professional growth.
(4) The establishment of 21st Century Schools Councils for the
school district and for individual schools is desirable to encourage new
initiatives in school-based management and the assessment of educational
progress, to provide new and expanded career opportunities for teachers
and to facilitate efforts to restructure the school workplace to provide
educators with greater responsibility while increasing their
accountability. [Formerly 336.710](School Improvement and Professional Development)(1) Oregon hereby establishes a School Improvement and
Professional Development program to encourage the following:
(a) The development of educational goals for individual schools and
school districts;
(b) The assessment of the educational progress of school programs
and students;
(c) The expansion of professional growth and career opportunities
for Oregon teachers;
(d) The restructuring of the school workplace to provide teachers
with responsibilities and authority commensurate with their status as
professionals;
(e) The development and coordination of pilot programs to evaluate
the viability of proposed rules, policies or recommendations that affect
professional practices associated with teaching methods, curricula,
instructional materials, instructional format and organization,
assessment and testing related to this chapter; and
(f) The identification of validated educational research used to
substantiate the rationale for initiating pilot programs.
(2) All programs in ORS 329.675 to 329.745 and 329.790 to 329.820
are subject to the availability of funds appropriated therefor. [Formerly
336.715; 1995 c.660 §35](1) The School Improvement and Professional
Development program shall be administered by the Department of Education
according to rules established pursuant to ORS 329.675 to 329.745 and
329.790 to 329.820 by the State Board of Education.
(2) A school district or an education service district, or a
combination of such entities, may submit an application to the Department
of Education to receive a School Improvement and Professional Development
grant.
(3) The Department of Education shall be responsible for evaluating
district proposals according to rules and criteria established by the
State Board of Education.
(4) Grants under this program shall be effective for one or two
calendar years and are renewable. A district may apply to continue its
grant for one or two years but in no event is the district entitled to
receive more than $1,000 for each teacher for whom a grant is received
during the continuation period.
(5) In awarding grants, the Department of Education shall work to
insure a representation of school districts of different sizes and in
different geographical locations. [Formerly 336.720](1) The State
Board of Education shall appoint an Oregon 21st Century Schools Advisory
Committee to propose rules for the submission and approval of grants and
programs, including but not limited to rules for the Oregon 21st Century
Schools Program under ORS 329.537 to 329.605, the School Improvement and
Professional Development program under ORS 329.675 to 329.745 and the
beginning teacher and administrator mentorship program under ORS 329.790
to 329.820.
(2)(a) The advisory committee shall include teachers, who shall
constitute a majority of the 15 members, and one member from each of the
following groups, at least one of whom must be a member of a minority:
(A) School administrators;
(B) School board members;
(C) Education school faculty;
(D) Classified district employees;
(E) Parents of children currently in prekindergarten through grade
12 of the public school system; and
(F) Members of the business and labor community.
(b) The board may appoint other citizens as considered appropriate
by the board.
(3) The deadline for applications submitted by districts for the
School Improvement and Professional Development program under ORS 329.675
to 329.745 and the mentorship program under ORS 329.790 to 329.820 shall
be April 1 preceding the school year for which they are proposed. The
Department of Education shall review all applications and shall approve
or reject them no later than June 1 preceding the school year for which
they are proposed.
(4) Districts that qualify for 21st Century Schools grants under
ORS 329.537 to 329.605, School Improvement and Professional Development
program grants under ORS 329.675 to 329.745 and mentorship program grants
under ORS 329.790 to 329.820 shall receive up to $3,000 per year for
every full-time equivalent beginning teacher and administrator deemed
eligible for this program.
(5) Subject to ORS 291.230 to 291.260, the Superintendent of Public
Instruction shall distribute grants-in-aid to eligible school districts
so that at least three-quarters of the allocation due to each eligible
district is received no later than February 1 of each fiscal year and the
remainder when all required reports are filed with the Department of
Education. If underpayments or overpayments result, adjustments shall be
made in the following year. [Formerly 336.730; 1995 c.660 §36; 2001 c.317
§2](1) Nothing in this section shall
interfere with the duties, responsibilities and rights of duly elected
school district boards. There shall be established at each school a 21st
Century Schools Council. The duties of a 21st Century Schools Council
shall include but not be limited to:
(a) The development of plans to improve the professional growth of
the school’s staff;
(b) The improvement of the school’s instructional program;
(c) The development and coordination of plans for the
implementation of programs under this chapter at the school;
(d) The administration of grants-in-aid for the professional
development of teachers and classified district employees; and
(e) Advising the school district board in the development of a plan
for school safety and student discipline under section 5, chapter 618,
Oregon Laws 2001.
(2) A 21st Century Schools Council shall be composed of teachers,
parents, classified employees and principals or the principal’s designee,
as follows:
(a) Not more than half of the members shall be teachers;
(b) Not more than half of the members shall be parents of students
attending that school;
(c) At least one member shall be a classified employee; and
(d) One member shall be the principal of the building or the
principal’s designee.
(3) In addition, other members may be as the school district shall
designate, including but not limited to local school committee members,
business leaders, students and members of the community at large.
(4) Members of a 21st Century Schools Council shall be selected as
follows:
(a) Teachers shall be licensed teachers elected by licensed
teachers at the school site;
(b) Classified employees shall be elected by classified employees
at the school site;
(c) Parents shall be selected by parents of students attending the
school; and
(d) Other representatives shall be selected by the council.
(5) If a school district board determines that a school site is
unable to fulfill the requirements of this section or if the needs of a
school site require a different composition, the school district board
shall establish the 21st Century Schools Council in a manner that best
meets the educational needs of the district.
(6) All 21st Century Schools Council meetings shall be subject to
the open meetings law pursuant to ORS 192.610 to 192.690.
(7) A school district may establish a district site committee to
assist in the administration of grants or in the district-wide
coordination of programs. [1995 c.660 §39 (enacted in lieu of 329.705);
2001 c.618 §7] (1) An eligible grant
application must be submitted by a school district according to rules
prescribed by the State Board of Education. The rules shall include, but
not be limited to, the following:
(a) Except for state-operated schools, the school district in its
application shall certify that its proposal has been approved by the
school board and is consistent with existing district policies, rules and
contracts bargained under ORS 243.650 to 243.782.
(b) The administration of grant programs under ORS 329.675 to
329.745 and 329.790 to 329.820 shall be consistent with existing district
policies, rules and contracts bargained under ORS 243.650 to 243.782.
(2) Nothing in this section is intended to make grants under ORS
329.675 to 329.745 and 329.790 to 329.820 subject to collective
bargaining. [Formerly 336.755] To be eligible for funding, a
district’s application shall include the following:
(1) A description of a process to formulate and adopt district and
individual school building educational goals so that such goals reflect
input from a wide range of citizens in the community.
(2) A description of how the district will formulate and use
indexes of teaching and learning conditions to measure progress according
to those goals. The indexes of teaching and learning conditions may
include, but are not limited to, such indicators as:
(a) Class size and teaching loads;
(b) A profile of the teaching and administrative personnel,
including such characteristics as years of experience, rate of turnover
and absenteeism;
(c) The frequency and nature of teacher misassignments;
(d) The socioeconomic status of the community;
(e) The ability and willingness of a school district to provide
financial support for the schools;
(f) Measures of student progress as measured on school district or
state assessments, or both;
(g) Attendance and drop out rates;
(h) Student conduct and disciplinary actions;
(i) Measures of student success in professional, college and other
post-secondary programs; and
(j) Student expectations and attitudes toward learning.
(3) A description of how the proposed program will address the
identified needs for professional growth and career opportunities of
teachers in the district.
(4) Certification by the school district that none of the moneys
received through ORS 329.675 to 329.745 and 329.790 to 329.820 shall be
used to replace expenditures for existing programs for professional
growth and career opportunities.
(5) A description of how the district will evaluate the
effectiveness of its School Improvement and Professional Development
grant, using educational goals and an index of teaching and learning
conditions. [Formerly 336.765; 1995 c.343 §29] (1) The Department of
Education shall be responsible for conducting a comprehensive evaluation
of all district programs under ORS 329.675 to 329.745 and 329.790 to
329.820 and reporting to the Legislative Assembly.
(2) The evaluations shall include an assessment of the performance
of district programs as measured against those requirements outlined in
ORS 329.715. [Formerly 336.780]To administer ORS 329.675 to 329.745, the Department of
Education shall dedicate a portion of its funds, not to exceed 10 percent
of the total appropriated for the purposes of ORS 329.675 to 329.745 to
provide for the establishment of professional development centers to:
(1) Assist school districts, teachers, 21st Century Schools Council
members and others to formulate goals and indexes of teaching and
learning conditions;
(2) Provide additional professional growth and career opportunities
for teachers; and
(3) Carry out other purposes of ORS 329.675 to 329.745. [Formerly
336.785](Teacher Corps) (1) There is hereby created an Oregon
Teacher Corps program within the Oregon Student Assistance Commission to
encourage the entry of certain qualified persons into the teaching
profession through the use of forgivable student loans for those who
complete three years of successful teaching in a public school in this
state.
(2) All programs in ORS 329.757 to 329.780 are subject to the
availability of funds appropriated therefor. [Formerly 348.120; 1999
c.704 §5] (1) The Oregon Student Assistance
Commission shall administer the Oregon Teacher Corps program insofar as
practicable in the same manner as the loan program under ORS 348.050 is
administered and make rules for the selection of qualified applicants.
(2) Eligibility for the Oregon Teacher Corps is limited to those
prospective teachers whom the Oregon Student Assistance Commission
determines to have graduated, or currently rank, in the top 20 percent of
their high school or college class. The commission shall assess each
applicant’s potential for teaching through such means as essays written
by the applicant, letters of recommendations from teachers and others,
descriptions of relevant teaching experiences, and other appropriate
measures. Allowance shall be given for those applicants whom the
commission determines to be in at least one of the following categories:
(a) Minority individuals as defined in ORS 200.005;
(b) Prospective teachers in scarce endorsement areas, as defined by
the Teacher Standards and Practices Commission; or
(c) Prospective teachers who agree to teach in remote and difficult
to serve school districts in this state.
(3) Recipients of loans under ORS 329.757 to 329.780 shall be
enrolled at least half-time in an approved teacher education program at
an Oregon institution of higher education. [Formerly 348.125; 1999 c.704
§6; 2005 c.209 §13]
(1) Upon approval of the loan application of an eligible student by the
Oregon Student Assistance Commission, the commission may lend an amount
from the Oregon Teacher Corps Account to the student in compliance with
this section. The loan shall be evidenced by a written obligation but no
additional security shall be required. Notwithstanding any provision in
this section, the commission may require cosigners on the loans.
(2) Loans granted under this section to eligible students by the
commission shall:
(a) Not exceed $2,000 in a single academic year to an undergraduate
student enrolled in a teacher education program leading to a basic or
initial license.
(b) Not exceed $4,000 in a single academic year to a graduate
student enrolled in a teacher education program leading to a basic or
initial license.
(c) Not exceed $8,000 for all loans made to a student under this
section.
(3) Borrowers are required to pay at least seven percent interest
per annum on the unpaid balance from the date of the loan as provided in
subsection (4) of this section.
(4)(a) Repayment of the principal and accruing and deferred
interest on loans shall be commenced not later than 12 months after the
student’s completion of the teacher education program or other
termination of the student’s education. Repayment of loans under ORS
329.765 shall be delayed for the period of time the student is teaching
at least half-time in a public school in this state but becomes payable
under the usual terms if the student ceases teaching before completing
three full years. Repayment of loans shall be delayed up to three years
upon application of the borrower showing inability to locate suitable
employment.
(b) Repayment shall be completed in a maximum of 120 months from
the time repayment is commenced. However, nothing in this section is
intended to prevent repayment without penalty at an earlier date than
provided in this section or to prohibit the commission from extending the
repayment period to a date other than permitted by this subsection.
(5)(a) An eligible student who receives a loan under this section,
preparing to be an elementary or secondary school teacher in this state,
is not required to repay a loan made under this section if the student
completes:
(A) At least three years of equivalent full-time teaching in a
public elementary or secondary school within the five-year period
following completion of the teacher education program in this state; or
(B) At least three years of teaching under a full-time contract
working at least three-fourths time in classroom teaching and no more
than one-fourth time not in classroom teaching duties during regular
school hours in a public elementary or secondary school within the
five-year period following completion of the teacher education program in
this state, as approved by the Oregon Student Assistance Commission upon
written request of the borrower.
(b) Repayment of remaining principal and interest shall be waived
upon the death or total and permanent disability of the borrower.
[Formerly 348.130; 1997 c.383 §8; 1999 c.704 §7] (1) There is established
in the State Treasury separate from the General Fund an account to be
known as the Oregon Teacher Corps Account into which shall be deposited
all repayments of loans with interest to the Oregon Student Assistance
Commission pursuant to ORS 329.775. Any interest accruing to the account
shall be credited thereto.
(2) Amounts in the account established under subsection (1) of this
section are continuously appropriated to the Oregon Student Assistance
Commission for the purposes of ORS 329.757 to 329.780 and the Oregon
Opportunity Grant program under ORS 348.260. [Formerly 348.135; 1997 c.28
§1; 1999 c.704 §8; 1999 c.1070 §10](Beginning Teacher and Administrator Program) The
Legislative Assembly finds that:
(1) The quality of teaching and administration in the public
schools is of vital importance to the future of this state;
(2) This state has a special interest in ensuring that the
induction of beginning teachers and administrators into their profession
enhances their professional growth and development by making a positive
impact on student learning; and
(3) The formal assignment of mentors who have demonstrated the
appropriate subject matter knowledge and teaching and administrative
skills should substantially improve the induction and professional growth
of beginning teachers and administrators in this state, as well as
provide mentors with additional and valuable opportunities to enhance
their own professional growth. [Formerly 342.784; 2001 c.317 §3](1) The State Board of Education
shall establish a beginning teacher and administrator mentorship program
to provide eligible beginning teachers and administrators in this state
with a continued and sustained mentorship program from a formally
assigned mentor teacher or administrator.
(2) Any district is eligible to participate in the mentorship
program.
(3) Two or more school districts may operate jointly a mentorship
program if they meet all the requirements of ORS 329.790 to 329.820.
(4) Educational consortia established for approved teacher or
administrator education credentialing programs pursuant to rules of the
Teacher Standards and Practices Commission are eligible to operate a
mentorship program to serve beginning teachers and administrators in a
participating school district if:
(a) All moneys received as grants-in-aid for the mentorship program
are administered by the participating school district to provide direct
services to beginning teachers and administrators; and
(b) All other requirements of ORS 329.790 to 329.820 are met.
(5) To the extent practicable, school districts may coordinate with
institutions of higher education in the design, implementation and
evaluation of mentorship programs.
(6) All programs in ORS 329.790 to 329.820 are subject to the
availability of funds appropriated therefor. [Formerly 342.786; 2001
c.317 §4] (1) Each school district that wishes
to participate in the beginning teacher and administrator mentorship
program shall submit a formal application to the Department of Education.
The application shall include:
(a) The names of all eligible beginning teachers and administrators
employed by the school district and a description of their assignments
and extracurricular duties;
(b) The names of mentors selected by a school district and a
description of their assignments and the endorsement area in which they
are licensed; and
(c) A description of the proposed mentorship program, which must
provide a minimum of 90 hours of direct contact between the mentors and
beginning teachers and administrators, including observation of or
assistance with assigned duties.
(2) The school district shall certify in the application that no
eligible beginning professional educators are or may be under a
conditional license, except as provided in rules of the Teacher Standards
and Practices Commission. [Formerly 342.788; 2001 c.317 §6] (1) Subject to
ORS 291.230 to 291.260, the Department of Education shall distribute
grants-in-aid to qualifying school districts to offset the costs of
beginning teacher and administrator mentorship programs. A qualifying
district shall receive annually up to $3,000 for each full-time
equivalent beginning teacher and administrator approved for support.
(2) If the funds are insufficient for all eligible proposals, the
Department of Education shall award grants on a competitive basis, taking
into consideration geographic and demographic diversity.
(3) The State Board of Education may adopt such rules as it
considers appropriate for the distribution of grants-in-aid under this
section.
(4) A district that is determined by the Department of Education to
be in violation of one or more of the requirements of ORS 329.790 to
329.820 may be required to refund all grants-in-aid moneys distributed
under ORS 329.790 to 329.820. The amount of penalty shall be determined
by the State Board of Education. [Formerly 342.790; 2001 c.317 §7]After consulting with representatives of teachers,
administrators, school boards, schools of education, the Oregon
University System and such others as it considers appropriate, the
Department of Education shall develop or approve workshops to provide
training for mentors and beginning teachers and administrators in
programs qualifying for grants-in-aid under ORS 329.790 to 329.820.
[Formerly 342.792; 2001 c.317 §8; 2001 c.382 §5] The
selection, nature and extent of duties of mentor teachers and
administrators shall be determined by the school district. The following
guidelines shall apply:
(1) A teacher or administrator may not be designated as a mentor
unless willing to perform in that role;
(2) For purposes of actions taken under ORS 342.805 to 342.937:
(a) A mentor teacher or administrator may not participate in the
evaluation of a beginning teacher or administrator assigned to the
mentor; and
(b) Any written or other reports of a mentor regarding a beginning
teacher or administrator assigned to the mentor may not be used in the
evaluation of the beginning teacher or administrator;
(3) Each mentor shall complete successfully a training workshop
provided or approved by the Department of Education while participating
in the beginning teacher and administrator mentorship program; and
(4) The stipend received for each beginning teacher or
administrator may be used by the school district to compensate mentors in
addition to their regular duties or to compensate other individuals
assigned duties to provide release time for teachers or administrators
acting as mentors. [Formerly 342.794; 2001 c.317 §9] The Department of Education shall
be responsible for the regular and ongoing evaluation of programs under
ORS 329.790 to 329.820 and may contract for such evaluation. The
evaluation shall include, but not be limited to, assessments of the
following:
(1) A survey and follow-up of all eligible mentors, beginning
teachers and administrators and appropriate school district officials, to
assess satisfaction with and the effectiveness of the beginning teacher
and administrator mentorship program;
(2) The amount and quality of the contact time between mentors and
beginning teachers and administrators;
(3) The effectiveness of workshops and other training;
(4) The effectiveness of the mentorship program in the retention of
new teachers and administrators in the school district;
(5) The desirability of extending this assistance program to
students participating in teacher and administrator preparation programs;
and
(6) Student performance on statewide and other assessments.
[Formerly 342.796; 2001 c.317 §10](Successful Schools Program) It shall be
the policy of the State of Oregon to promote and encourage successful and
innovative schools. Success shall be determined by establishing standards
of improvement in student learning and measuring each school’s
performance in meeting those standards. Schools that meet those standards
will be rewarded with additional tools to further improve student
learning. [1997 c.864 §1]Note: 329.825 and 329.830 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 329 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (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 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. [1997 c.864 §2]Note: See note under 329.825.(Early Success Reading Initiative) The Legislative Assembly finds that:
(1) Reading is the gateway to learning and a key to building a
child’s self-esteem.
(2) Children who read below grade level after third grade are at
significantly greater risk of truancy, school failure, criminal and
at-risk behaviors, early pregnancy and substance abuse.
(3) Research shows that children who have academic problems and
exhibit at-risk behavior can be helped most effectively through
prevention programs designed specifically to strengthen the collaborative
and collective decision-making skills of kindergarten through grade three
teachers and administrators within each individual school.
(4) Scientifically based assessment methods can identify as early
as kindergarten those children needing extra help to successfully learn
to read.
(5) Scientifically based instructional reading materials can
provide the reading skills children need to successfully learn to read.
[2001 c.861 §1]Note: 329.832 to 329.837 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 329 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There is created
the Early Success Reading Initiative for the State of Oregon.
(2) The purpose of the initiative is to recognize the essential
need of elementary schools to effectively use research-based teaching
practices and learning strategies.
(3) The components of the Early Success Reading Initiative include,
but are not limited to:
(a) Providing research-based assessment systems to administrators,
teachers and the public in order to provide the decision-making and
accountability information needed to monitor children’s progress as they
learn to read.
(b) Screening and continuously monitoring the reading progress of
all children from kindergarten through the completion of the third grade.
(c) Using scientific, research-based reading systems to create
school cultures and processes that enable all children to read
successfully, including children with disabilities and children with
linguistic and cultural diversity and other learning needs.
(d) Enabling administrators and teachers within each individual
school to collect, interpret and use student learning data to:
(A) Guide kindergarten through grade three teachers and
administrators in instructional decisions;
(B) Implement a kindergarten through grade three schoolwide reading
action plan;
(C) Provide strategies for student groups; and
(D) Provide structured interaction with parents.
(e) Establishing a relationship between school districts and the
University of Oregon to provide instructional and research support to
assist school administrators, teachers and parents to enable students in
kindergarten through grade three to learn to read effectively and
successfully through means that are in congruence with state standards
for reading and common curriculum goals.
(4) The University of Oregon may design, implement and monitor the
Early Success Reading Initiative. The University of Oregon may provide
consultation services to school districts that establish early success
reading sites.
(5) The goal of the initiative is to enable each school district to
establish early success reading sites at individual elementary schools.
An elementary school that is initially selected as an early success
reading site shall serve as a model and as a resource to other elementary
schools within its school district as those schools implement the
initiative. [2001 c.861 §2]Note: See note under 329.832. The University of Oregon shall report annually on
the implementation, longitudinal progress and results of the Early
Success Reading Initiative to the Governor, the Superintendent of Public
Instruction and the appropriate legislative committees. [2001 c.861 §3]Note: See note under 329.832.OREGON VIRTUAL SCHOOL DISTRICT (1)
There is created the Oregon Virtual School District within the Department
of Education. The purpose of the Oregon Virtual School District is to
provide online courses to kindergarten through grade 12 public school
students.
(2) The Oregon Virtual School District shall provide online courses
that meet academic content standards as defined in ORS 329.007 and meet
other criteria adopted by the State Board of Education. Any person who
teaches an online course must be properly licensed or registered as
required by ORS 338.135 and 342.173 for a person employed by a school
district or public charter school. All school districts and public
charter schools may allow students to access the online courses offered
by the Oregon Virtual School District.
(3) The Superintendent of Public Instruction may contract with
education service districts, school districts, public charter schools,
community colleges, state institutions of higher education or any other
public entity to provide online courses through the Oregon Virtual School
District.
(4) Statutes and rules that apply to other school districts do not
apply to the Oregon Virtual School District except as provided under this
section or by rule of the State Board of Education. The Oregon Virtual
School District is not considered a school district for purposes of
apportionment of the State School Fund and the department may not receive
a direct apportionment under ORS 327.008 from the State School Fund for
the Oregon Virtual School District.
(5) The board may adopt the rules necessary for the administration
of the Oregon Virtual School District and shall adopt rules to establish:
(a) The procedure and criteria to be used for the selection of
online courses to be offered through the Oregon Virtual School District;
(b) The qualifications of students who may access online courses
through the Oregon Virtual School District;
(c) The number of credits for which students may access online
courses through the Oregon Virtual School District; and
(d) The student-to-teacher ratio for online courses offered through
the Oregon Virtual School District. [2005 c.834 §1]Note: 329.840 and 329.842 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 329 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.Note: Section 2, chapter 834, Oregon Laws 2005, provides:
Sec. 2. (1) Prior to September 1, 2006, the Department of Education
shall submit a progress report on the implementation of the Oregon
Virtual School District to the interim legislative committees on
education.
(2) Prior to March 1, 2007, the department shall submit a progress
report on the implementation of the Oregon Virtual School District to the
Seventy-fourth Legislative Assembly. [2005 c.834 §2] (1) The Oregon Virtual
School District Fund is established in the State Treasury, separate and
distinct from the General Fund. Interest earned by the Oregon Virtual
School District Fund shall be credited to the fund. All moneys in the
fund are continuously appropriated to the Department of Education for the
administration of the Oregon Virtual School District created under ORS
329.840.
(2) Any moneys received by the department for the purpose of the
Oregon Virtual School District shall be deposited in the fund. [2005
c.834 §3]Note: See first note under 329.840.MISCELLANEOUS(1) The Education and Workforce Policy Advisor, in consultation
with the Department of Education, the Department of Community Colleges
and Workforce Development, the Bureau of Labor and Industries, the
Economic and Community Development Department and the Department of Human
Services, shall propose policies and strategies consistent with this
chapter.
(2) The Education and Workforce Policy Advisor’s policies and
strategies must take into account that:
(a) The state must promote innovative thinking with respect to the
curriculum and educational delivery system of Oregon public schools;
(b) The state must require of all youth a level of achievement that
prepares them to pursue college, professional technical programs,
apprenticeships, work-based training and school-to-work programs;
(c) Greater employer investment is essential in the ongoing
training of all workers to meet workforce needs;
(d) The state must encourage Oregon businesses to improve
productivity by creating high performance work organizations that provide
high skills and high wage opportunities for youth and adults; and
(e) All employment-related training, education and job placement
services and sources of funds must be coordinated among state agencies
and boards and must complement the state’s overall efforts on behalf of
youth and adults. [Formerly 326.830; 1997 c.652 §22](1) The Department of Education, the
Department of Community Colleges and Workforce Development and the Oregon
University System in consultation with the Education and Workforce Policy
Advisor shall develop comprehensive education and training programs in
accordance with ORS 329.475 for two-year to six-year academic
professional technical endorsements, associate degrees and baccalaureate
degrees.
(2) There may be established a process for industrial certification
and a sequence of advanced certification that could be obtained
throughout a person’s career.
(3) Work groups, including teachers, community members and
representatives of business and labor, may be appointed to offer
specialized information concerning knowledge and skill requirements for
occupations.
(4) No fewer than six broad career categories shall be identified,
with additional categories added in future years. The education and
training curriculum and achievement standards for each occupation and
trade selected for students to achieve endorsements, associate degrees or
baccalaureate degrees in the occupational categories selected shall be
developed and available for school districts, community colleges and
other training sites.
(5) In addition to academic content, the curriculum developed for
endorsements, associate degrees and baccalaureate degrees shall ensure
that every student has the option of a high quality career related course
of study that provides the student with experience in and understanding
of future career choices. Career related studies shall include a
structured series of real or simulated activities that in combination
with rigorous academic studies shall simultaneously prepare students for
further education, lifelong learning and employment. These activities
shall include but not be limited to:
(a) Job shadowing;
(b) Workplace mentoring;
(c) Workplace simulations;
(d) School based enterprises;
(e) Structured work experiences;
(f) Cooperative work and study programs;
(g) On-the-job training;
(h) Apprenticeship programs; or
(i) Other school-to-work opportunities.
(6) In considering where a student can most effectively and
economically obtain the knowledge and skills required for the endorsement
or post-secondary study, the Education and Workforce Policy Advisor may
recommend integrating two-plus-two programs, apprenticeship programs and
any other state or federal job training program.
(7) Until full statewide implementation, school districts are
encouraged to use Certificate of Advanced Mastery programs that are
currently being developed, but modified, if necessary, to best fit their
students’ and community’s needs. [Formerly 326.835; 1995 c.660 §42; 1997
c.652 §23; 2001 c.684 §23; 2003 c.303 §12](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 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) The 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) 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. [Formerly 336.157; 1995 c.278 §41; 1995 c.660 §44; 1997 c.652
§24; 2003 c.303 §13] (1)
Public school districts or consortia of such districts with education
service districts are eligible to receive funds under this chapter.
(2) The Department of Education shall evaluate the programs that
receive grants under this chapter and report the results of the
evaluation to the Legislative Assembly in the manner prescribed in ORS
192.245. [1993 c.45 §94a](1) It is the policy of the State of
Oregon to encourage educational institutions and businesses to develop,
in partnership, models for programs related to school-to-work transitions
and work experience internships directed by the Oregon Educational Act
for the 21st Century as described in ORS 329.005 to 329.165, 329.185,
329.445, 329.850 and 329.855.
(2) From funds available, the Department of Education may allocate
to any education service district, school district, individual secondary
school or community college grants to develop programs such as those
described in subsection (1) of this section.
(3) To receive a grant to operate a program described in subsection
(1) of this section, a business shall demonstrate to the satisfaction of
the department that the program shall:
(a) Identify groups that have been traditionally underrepresented
in the programs and internships, particularly in health care, business
and high technology employment positions.
(b) Encourage students who belong to groups identified in paragraph
(a) of this subsection, particularly students in secondary schools and
community colleges, to apply for consideration and acceptance into a
model program described in subsection (1) of this section.
(c) Promote an awareness of career opportunities in the
school-to-work transition and the work experience internships among
students sufficiently early in their educational careers to permit and
encourage students to apply for the model programs.
(d) Promote cooperation among businesses, school districts and
community colleges in working toward the goals of the Oregon Educational
Act for the 21st Century.
(e) Develop academic skills, attitudes and self-confidence
necessary to allow students to succeed in the work environment, including
attitudes of curiosity and perseverance and the feelings of positive
self-worth that result from sustained effort.
(f) Provide a variety of experiences that reinforce the attitudes
needed for success in the business world.
(4) The department shall direct fund recipients to adopt rules
establishing standards for approved programs under this section,
including criteria for eligibility of organizations to receive grants,
and standards to determine the amount of grants.
(5) The department may seek and receive gifts, grants, endowments
and other funds from public or private sources as may be made from time
to time, in trust or otherwise, for the use and benefit of the purposes
of the school-to-work transition and the work experience internship
programs and may expend the same or any income therefrom according to the
terms of such gifts, grants, endowments or other funds. [1993 c.765 §46;
1999 c.59 §82; 2001 c.104 §108]LITERACY, EDUCATION AND PROFESSIONAL TECHNICAL JOB TRAINING(1) The Legislative
Assembly finds that a highly skilled, well-educated workforce is critical
to the present and future competitiveness of Oregon’s economy. Curricular
and institutional change throughout the educational process is imperative
to achieve Oregon’s economic and education reform goals. To accomplish
fully education reform at the elementary and secondary levels, it is
essential that Oregon’s citizens gain a thorough understanding of the
significant value of professional technical education and the vital role
it plays in preparing Oregon’s citizens for entry into the workforce,
further training or entry into higher education. The Legislative
Assembly, therefore, declares that it is the economic development policy
of the state to support and promote literacy, education and professional
technical job training for Oregon’s citizens. Further, the Legislative
Assembly declares that it is the goal of the state to achieve the
following:
(a) Measurably increase the knowledge and improve the skills of
Oregon workers;
(b) Promote and sponsor effective and responsive training programs
for employed and unemployed Oregonians who need literacy and other
job-related training;
(c) Promote and increase youth enrollment in secondary,
post-secondary and apprenticeship programs that lead to family wage jobs;
(d) Secure the active participation and full cooperation of Oregon
industry leaders and business owners in developing programs to increase
and improve worker education and performance;
(e) Promote and increase the coordination of Oregon’s education and
job training systems to more fully respond to the increasingly complex
training needs of workers; and
(f) Promote and increase access to education and job training
programs for all Oregonians regardless of their economic status or
geographic location within the state.
(2) The Legislative Assembly declares that it is the policy of this
state to integrate employment, training and development programs into its
economic development efforts.
(3) The Legislative Assembly further declares that the employment
development and training activities provided for in ORS 329.905 to
329.975 are job creation and economic development activities within the
meaning of subsection (3), section 4, Article XV of the Oregon
Constitution.
(4) The Legislative Assembly further declares that the State of
Oregon must dedicate the talents, resources and energies of its people to
having the best trained workforce in the United States and a workforce
equal to any in the world. When this workforce exists, Oregon will have a
highly skilled workforce that is:
(a) Engaged by competitive, diversified industries;
(b) Supported by education and training;
(c) Supported by employment systems that are responsive to the
needs of people and the labor market; and
(d) Reflective of the diversity of Oregon’s population.
(5) The Legislative Assembly further declares that the role of
business and industry is critical to the implementation of education
reform and that the goals of ORS 329.905 to 329.975 are:
(a) Coordinated and complementary education, training and
employment programs.
(b) A high performance workforce characterized by diversity,
technical competence and economic self-sufficiency.
(c) Educational performance standards that match the highest in the
world.
(d) Assurance of educational attention necessary for attainment of
high academic standards for all students.
(e) An education and employment training system that has the
capacity to meet the training needs of individuals and employers.
(f) Assurance of workforce preparedness for all students through
covenants between business and education. [Formerly 285.200; 2005 c.209
§14]Note: 329.905 to 329.975 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 329 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The Legislative
Assembly intends that the specific objectives of ORS 329.905 to 329.975
include:
(1) Restructuring elementary and secondary schools in this state to
teach a higher level of knowledge leading to more effective job skills to
all students and to have students attain this knowledge earlier.
(2) Developing comprehensive, professional technical education
programs for students that lead to industry certification and:
(a) Emphasize work-based learning experiences, including
apprenticeships and youth apprenticeship programs;
(b) Involve business and labor in the development and delivery of
such programs;
(c) Recognize and implement standards approved by industry and
establish new industry approved standards, equal to the highest
international standards for achievement;
(d) Provide an articulated education program carrying all students
to their maximum potential and including appropriate support services for
students and their families;
(e) Deliver the support those students most at risk need to
succeed; and
(f) Produce the high level technical, personal and leadership
skills needed by competitive businesses and industries.
(3) Helping businesses and industries transform their operations to
high performance work organizations where:
(a) Frontline workers have higher skills, work in teams and are
given greater responsibility for the development and production of a
product or service, and receive necessary training for these purposes; and
(b) Public and private investment support improved management
practices, competitive production processes and worker training.
(4) Encouraging managers and workers to play key roles in preparing
and implementing state education and training policy, programs and
standards, including support of employee involvement in schools.
[Formerly 285.203]Note: See note under 329.905.(1) The Education and Workforce Policy Advisor and
the regional workforce committees, with the advice and participation of
partner agencies, are responsible for furthering the policies, goals and
objectives of this state as described in ORS 329.905 and 329.915.
(2) The advisor and the committees shall help ensure achievement of
this state’s goals and objectives by effective and efficient coordination
and oversight of all the employment-related training, education and job
placement programs of this state.
(3) As used in this section, “partner agencies” means those
agencies that are recipients of workforce development funds under ORS
329.905 to 329.920, 329.930 to 329.975 and 657.337. [1993 c.765 §5; 1997
c.652 §25]Note: See note under 329.905. (1) The Legislative
Assembly finds that efficiency and higher productivity in all sectors of
the economy are important to the maintenance of the state’s economic
health. The Legislative Assembly further finds that a trained, productive
and flexible workforce is critical to competitiveness, efficiency and
higher productivity. Therefore, the Legislative Assembly declares that it
is the policy of the State of Oregon to promote the development and
improvement of the work skills and basic literacy skills of employees
working in all sectors of the state’s economy.
(2) To implement the policy stated in subsection (1) of this
section, the Key Industry Employe Training Program shall be established
within the Economic and Community Development Department. Through the
program, the department shall:
(a) Provide matching grants through community colleges in
partnership with employers for the purpose of providing employees with
literacy or customized skills training.
(b) Restrict grant awards to training program proposals submitted
by two or more firms in a single business, professional or industry
sector, with preference given to programs developed in cooperation with
business, professional or industry association.
(c) Require that training programs provide long-term comprehensive
skills development.
(d) Award grants only to those proposals that lead to, sustain or
create family wage jobs. [Formerly 285.205]Note: See note under 329.905.(1) Pursuant to
rules adopted by the Economic and Community Development Department, a
program is established to organize business, industry and education
partnerships to develop the most competent workforce in America and
specifically:
(a) To provide targeted training grants for customized training
programs for new or expanding firms;
(b) To provide industry training grants to community colleges or
others for training programs addressing the common needs of two or more
businesses within an industry, with special emphasis on Key Industries as
designated by “Oregon Shines” and the Legislative Assembly; and
(c) To provide capacity building grants to trade associations and
business and labor organizations to build capacity for addressing
long-term workforce and workplace training and education needs.
(2) Pursuant to rules adopted by the Economic and Community
Development Department, an Industrial Extension Service is established,
using public and private expertise, to assist Oregon firms in traded
sectors in adopting the appropriate technology, management techniques,
work organization and workforce development strategies to remain
competitive in a global economy.
(3) The Department of Community Colleges and Workforce Development
shall support the Oregon Advanced Technology Center, for the purpose of
enhancing Oregon’s economic competitiveness by assisting Oregon
manufacturers with the adoption and implementation of modern
manufacturing technologies and processes. [1993 c.765 §18; 2005 c.209 §15]Note: See note under 329.905. (1) Pursuant to rules adopted
by the State Board of Education, the Department of Community Colleges and
Workforce Development shall provide for a statewide literacy “hotline”
for literacy program referrals and for the statewide coordination of
literacy programs pursuant to ORS 344.760 and 344.765.
(2) Gifts and grants for the support of the literacy hotline shall
be deposited with and administered by a nonprofit organization selected
by the Commissioner for Community College Services. The nonprofit
organization that is selected must show a history of similar experience
with fiduciary responsibilities.
(3) The Department of Community Colleges and Workforce Development
may contract with any public body or nonprofit organization to accomplish
the purposes of this section. [Formerly 285.225]Note: See note under 329.905. (1)
When expended for grants to programs described in ORS 329.950, grant
moneys shall be matched in the manner described in subsections (2) and
(3) of this section.
(2) In any biennium, each state agency administering a grant
program described in ORS 329.950 shall be required to secure matching
funds, on a dollar-for-dollar basis, for not less than 75 percent of the
total amount reserved by law for the program for that biennium.
(3) An applicant for a grant from a program described in ORS
329.950 shall be required to match, on a dollar-for-dollar basis, the
amount of the grant. However, the agency administering the program may
exempt the applicant from the 100 percent matching requirement when the
agency determines that the grant applicant is undergoing economic
hardship and that the purposes of ORS 329.905 to 329.975 will be more
readily accomplished by a lower matching requirement. In any biennium,
the total amount of exemptions provided to grant applicants under this
subsection shall not exceed 25 percent of the amount reserved by law for
a program for that biennium.
(4) In determining whether a grant applicant is undergoing economic
hardship for the purposes of this section, a state agency shall consider:
(a) An applicant’s ability to match the grant amount based on both
the assessed value per student, if applicable, and the actual expenditure
per student;
(b) The proportion or other measure of economically disadvantaged
persons residing within the district or area of the applicant; and
(c) The level of unemployment in the district or area of the
applicant.
(5) A state agency shall credit an applicant’s matching funds in an
amount that does not exceed 100 percent of the amount of the grant given
to the applicant. Moneys of an applicant that are available to operate a
program described in ORS 329.950 and that exceed 100 percent of the grant
sought or given to the applicant shall not be available for use as
matching funds by any other applicant. [Formerly 285.247; 1997 c.652 §29;
2001 c.684 §25]Note: See note under 329.905.
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