Oregon Chapter 329

Chapter 329 — Oregon Educational Act for the 21st Century; Educational Improvement and Reform

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Chapter 329 — Oregon Educational Act for the 21st Century;

Educational Improvement and Reform

 

2007 EDITION

 

ACT FOR 21st CENTURY; REFORM

 

EDUCATION AND CULTURE

 

OREGON EDUCATIONAL ACT FOR THE 21st CENTURY

 

(Generally)

 

329.005     Oregon Educational Act for the 21st Century; duties of department; evaluation by legislature

 

329.007     Definitions

 

329.015     Educational goals

 

329.025     Characteristics of school system

 

329.045     Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards; instruction in academic content areas

 

329.065     Adequate funding required

 

329.075     Statewide implementation; rules; duties of department

 

(Assessing Effectiveness)

 

329.085     Assessment of schools and school districts required; report; standards

 

329.095     School district and school self-evaluations; local district continuous improvement plans; department’s technical assistance

 

329.105     School district and school performance reports; criteria; included data

 

329.115     Oregon Report Card

 

(Parental and Community Participation)

 

329.125     Policy on parental and community participation

 

(Services for Children and Families)

 

329.145     Definitions for ORS 329.150 and 329.155

 

329.150     Services for children and families at school site; policy

 

329.153     Policy on prevention and cost-effective programs and strategies

 

329.155     Standards for education programs and programs providing services for children and families; interagency coordination

 

(Community Learning Centers)

 

329.156     Creation; requirements; technical assistance

 

329.157     Identification and coordination of existing resources

 

329.159     Evaluation; reporting

 

(Early Childhood Education)

 

329.160     Policy on early childhood and parenting education; funding goal

 

329.165     Development of long-range plan for serving children and families

 

329.170     Definitions for ORS 329.170 to 329.200

 

329.175     Department to administer prekindergarten program; grants; eligibility; coordination with other programs

 

329.183     Prekindergarten Program Trust Fund

 

329.185     Expansion of Oregon prekindergarten program

 

329.190     Advisory committee

 

329.195     Rules; grant applications

 

329.200     Report on program by state superintendent; department to assess program effectiveness

 

329.228     Early Childhood Education Trust Fund

 

329.235     Provision of early childhood education

 

(Child Development and Student-Parent Programs)

 

329.255     Child development specialist program

 

329.265     State reimbursement for costs

 

329.275     State board guidelines; rules; qualifications for child development specialists

 

329.385     Child development programs; student-parent programs

 

329.395     Definitions for ORS 329.395 to 329.425

 

329.415     Operating guides and grant procedures for ORS 329.395 to 329.425

 

329.425     Grants under ORS 329.395 to 329.425

 

(Diplomas)

 

329.451     High school diploma; modified diploma; grade level advancement

 

(Assessment)

 

329.485     Statewide assessment system; types of assessments; subjects; additional services or alternative educational options

 

329.488     Nationally normed assessment; contract; waiver

 

(Subjects)

 

329.489     American Sign Language; proficiency; curricula development; teachers

 

329.492     Oregon Studies; academic content standards

 

329.496     Physical education participation; minimum requirements; exceptions; professional development

 

329.498     Data related to physical education; facilities

 

329.499     Report to Legislative Assembly

 

329.501     Grants for physical education; rules

 

SCHOOL COUNCILS AND PROFESSIONAL DEVELOPMENT PROGRAMS

 

(School Councils)

 

329.704     Local 21st Century Schools Councils; duties; composition; selection; district site committees

 

(Teacher Corps)

 

329.757     Oregon Teacher Corps

 

329.765     Administration of corps; rules

 

329.775     Loans; amounts; interest; repayment; waiver of repayment

 

329.780     Oregon Teacher Corps Account; use

 

(Beginning Teacher and Administrator Program)

 

329.788     Definitions for ORS 329.788 to 329.820

 

329.790     Findings on teacher and administrator programs

 

329.795     Beginning teacher and administrator program established; district participation; use of grants

 

329.800     Application; content

 

329.805     Grants-in-aid; amount; distribution; rules

 

329.810     Training for mentors and beginning teachers and administrators

 

329.815     Mentors; selection; stipend

 

329.820     Evaluation of programs; donations

 

(Successful Schools Program)

 

329.825     Policy on successful and innovative schools

 

329.830     Establishment; application; incentive rewards; rules

 

(Early Success Reading Initiative)

 

329.832     Legislative findings

 

329.834     Creation; components; reading sites

 

329.837     Report

 

OREGON VIRTUAL SCHOOL DISTRICT

 

329.840     Creation; purpose; online course standards; rules

 

329.842     Oregon Virtual School District Fund

 

MISCELLANEOUS

 

329.850     Duties of Education and Workforce Policy Advisor under chapter

 

329.860     Outreach to students no longer attending school

 

329.875     District eligibility to receive funds under chapter

 

329.885     School-to-work transitions and work experience programs; funding; eligibility for grants

 

OREGON EDUCATIONAL ACT FOR THE 21st CENTURY

 

(Generally)

 

      329.005 Oregon Educational Act for the 21st Century; duties of department; evaluation by legislature. (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]

 

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

      (1) “Academic content 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) “English” includes, but is not limited to, reading and writing.

      (7) “History, geography, economics and civics” includes, but is not limited to, Oregon Studies.

      (8) “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.

      (9) “Parents” means parents or guardians of students who are covered by this chapter.

      (10) “Public charter school” has the meaning given that term in ORS 338.005.

      (11) “School district” means a school district as defined in ORS 332.002, a state-operated school or any legally constituted combination of such entities.

      (12) “Second languages” means any foreign language or American Sign Language.

      (13) “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.

      (14) “The arts” includes, but is not limited to, literary arts, performing arts and visual arts.

      (15) “21st Century Schools Council” means a council established pursuant to ORS 329.704. [1995 c.660 §2; 1999 c.1023 §4; 1999 c.1029 §1; 2001 c.759 §1; 2003 c.303 §2; 2007 c.858 §1]

 

      Note: The amendments to 329.007 by section 1, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

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

      (1) “Academic content standards” or “academic standards” means expectations of student knowledge and skills 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 329.788 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.

 

      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.

 

      329.010 [Repealed by 1957 c.678 §1]

 

      329.015 Educational goals. (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 equip students with the academic and career skills and information necessary to pursue the future of their choice through a program of rigorous academic preparation and career readiness;

      (b) To provide an environment that motivates students to pursue serious scholarship and to have experience in applying knowledge and skills and demonstrating achievement;

      (c) To provide students with the skills necessary to pursue learning throughout their lives in an ever-changing world; and

      (d) To prepare students for successful transitions to the next phase of their educational development. [Formerly 326.710; 1995 c.660 §3; 2007 c.858 §2]

 

      Note: The amendments to 329.015 by section 2, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.015. (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.

 

      329.020 [Repealed by 1957 c.678 §1]

 

      329.025 Characteristics of school system. 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 and skills 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; 2007 c.858 §3]

 

      Note: The amendments to 329.025 by section 3, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

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

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

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

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

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

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

      (6) Provides for rigorous academic content standards and instruction in mathematics, science, 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.

 

      329.030 [Repealed by 1957 c.678 §1]

 

      329.035 [Formerly 326.720; 1995 c.660 §5; 2003 c.303 §4; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.035 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.035 (2005 Edition) is set forth for the user’s convenience.

      329.035 Findings; objectives. 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.

 

      329.040 [Repealed by 1963 c.544 §52]

 

      329.045 Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards; instruction in academic content areas. (1) In order to achieve the goals contained in ORS 329.025, the State Board of Education shall regularly and periodically review and revise its Common Curriculum Goals, performance indicators and diploma requirements. 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 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 and revise all adopted academic content standards necessary for students to successfully transition to the next phase of their education.

      (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; 2007 c.858 §4]

 

      Note: The amendments to 329.045 by section 4, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

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

      (2) The State Board of Education shall continually review all adopted academic content standards and shall raise the standards for mathematics, science, English, history, geography, economics, civics, physical education, health, the arts and second languages to the highest levels possible.

      (3) School districts and public charter schools shall offer students instruction in mathematics, science, English, history, geography, economics, civics, physical education, health, the arts and second languages that meets the academic content standards adopted by the State Board of Education and meets the requirements adopted by the State Board of Education and the board of the school district or public charter school.

 

      329.050 [Repealed by 1963 c.544 §52]

 

      329.055 [Formerly 326.735; repealed by 1995 c.660 §50]

 

      329.060 [Repealed by 1963 c.544 §52]

 

      329.065 Adequate funding required. 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]

 

      329.070 [Repealed by 1963 c.544 §52]

 

      329.075 Statewide implementation; rules; duties of department. (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 implementing the provisions of this chapter. Actions by the department to fulfill this responsibility and to increase student achievement may include, but are not limited to:

      (a) Developing academic content standards;

      (b) Updating Common Curriculum Goals to meet rigorous academic content standards and updating performance indicators and diploma requirements;

      (c) Developing criterion-referenced assessments including performance-based, content-based and other assessment mechanisms to test knowledge and skills and whether students meet the performance expectations as determined by the board; and

      (d) Establishing criteria for early childhood education programs.

      (3) The department shall make school districts and the public aware of public school choice options available within our current public education framework. [Formerly 326.745; 1995 c.660 §8; 1997 c.652 §21; 1999 c.871 §1; 2003 c.303 §6; 2007 c.858 §5]

 

      Note: The amendments to 329.075 by section 5, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.075. (1) The State Board of Education shall adopt rules, in accordance with ORS 183.750 and ORS chapter 183, as necessary for the statewide implementation of this chapter. The rules shall be prepared in consultation with appropriate representatives from the educational and business and labor communities.

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

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

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

      (c) Establishing criteria for Certificates of Initial Mastery and Advanced Mastery;

      (d) 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.

 

      329.077 [1995 c.660 §30; 2001 c.448 §1; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.077 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.077 (2005 Edition) is set forth for the user’s convenience.

      329.077 Waiver or extension of timelines; requirements; process; rules. (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.

 

      329.080 [Repealed by 1963 c.544 §52]

 

(Assessing Effectiveness)

 

      329.085 Assessment of schools and school districts required; report; standards. (1) To facilitate the attainment and successful implementation of educational standards under ORS 326.051 (1)(a) and 329.025, the State Board of Education or its designee shall assess the effectiveness of each public school, public charter school and school district. The findings of the assessment shall be reported to the school or 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 school and school district standards and credit and performance requirements. The board shall seek public input in this process. [Formerly 326.755; 1995 c.660 §10a; 1997 c.17 §1; 2007 c.858 §6]

 

      Note: The amendments to 329.085 by section 6, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.085. (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.

 

      329.090 [Repealed by 1963 c.544 §52]

 

      329.095 School district and school self-evaluations; local district continuous improvement plans; department’s technical assistance. (1) The Department of Education shall require school districts and schools to conduct self-evaluations and update their local district continuous 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 continuous improvement plans to achieve the goals.

      (2) As part of setting local goals, school districts shall 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 staff shall provide ongoing technical assistance in the development and implementation of the local district continuous improvement plan.

      (4) The local district continuous improvement plan shall include:

      (a) A rigorous curriculum aligned with state standards;

      (b) High-quality instructional programs;

      (c) Short-term and long-term professional development plans;

      (d) Programs and policies to achieve a safe educational environment;

      (e) A plan for family and community engagement;

      (f) Staff leadership development;

      (g) High-quality data systems;

      (h) Improvement planning that is data-driven;

      (i) Education service plans for students who have or have not exceeded all of the academic content standards;

      (j) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities; and

      (k) District efforts to achieve local efficiencies and efforts to make better use of resources. [Formerly 326.760; 1995 c.660 §11; 2007 c.858 §7]

 

      Note: The amendments to 329.095 by section 7, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.095. (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.

 

      329.100 [Repealed by 1963 c.544 §52]

 

      329.105 School district and school performance reports; criteria; included data. (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 identifying outstanding schools, satisfactory schools and schools in need of improvement. Such criteria shall take into account student performance, improvement in student performance, the participation rate of students on the statewide assessments, student attendance rates and graduation rates. The Superintendent of Public Instruction, based on the criteria adopted by the State Board of Education, shall assign a rating to each school that identifies the school as outstanding, satisfactory or in need of improvement.

      (b) The ratings received by a school shall be included in the school district and school performance reports.

      (c) If a school is designated as in need of improvement, the school shall file a school improvement plan with the Superintendent of Public Instruction and with the school district board.

      (d) The Department of Education shall work with stakeholders to design and implement an accountability system of progressive interventions for and provide technical assistance to schools and school districts that do not demonstrate improvement.

      (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) Disaggregated data on students who met or exceeded the academic content standards established by the board;

      (e) Dropout rates and the number of students who dropped out of school;

      (f) Parent and community involvement such as volunteer hours;

      (g) The percentage of classes taught by a teacher identified as highly qualified under rules adopted by the United States Department of Education; 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 improvement plans and district continuous 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; 2007 c.858 §8]

 

      Note: The amendments to 329.105 by section 8, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.105. (1) The Superintendent of Public Instruction shall collect data and produce annual school district and school performance reports containing information on student performance, student behavior and school characteristics. The purpose of the performance reports is to provide information to parents and to improve schools through greater parental involvement.

      (2)(a) In consultation with representatives of parents, teachers, school district boards and school administrators, the State Board of Education shall adopt, by rule, criteria for grading schools. Such criteria shall take into account student performance, improvement in student performance and the participation rate of students on the statewide assessments. The Superintendent of Public Instruction, based on the criteria adopted by the State Board of Education, shall assign a grade to each school for student performance, student behavior and school characteristics and also shall assign an overall grade to the school. The grades shall include classifications for exceptional performance, strong performance, satisfactory performance, low performance and unacceptable performance.

      (b) The grades received by a school shall be included in the school district and school performance reports.

      (c) If a school is within the low performance or unacceptable performance classification in any category, the school shall file a school improvement plan with the Superintendent of Public Instruction and with the school district board and the 21st Century Schools Council for the school.

      (3) The Superintendent of Public Instruction shall include in the school performance reports data for the following areas, for each school, that are available to the Department of Education from the most recent school year:

      (a) Enrollment in English as a second language courses under ORS 336.079;

      (b) Attendance rates;

      (c) School safety, such as expulsions involving weapons in the school;

      (d) Students who met or exceeded standards leading to the Certificate of Initial Mastery;

      (e) 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.

 

      329.110 [Repealed by 1963 c.544 §52]

 

      329.115 Oregon Report Card. (1) Prior to December 1 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. 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 and the Department of Education key performance measures established by the Oregon Progress Board.

      (2) The Oregon Report Card shall include information on the following:

      (a) Student performance on Oregon state assessments and national assessments;

      (b) Data required by the federal No Child Left Behind Act of 2001 (P.L. 107-110, 115 Stat. 1425);

      (c) Public school funding, expenditures and employee salary information;

      (d) Instructional hours;

      (e) School staff information;

      (f) District size, student demographics and student enrollment;

      (g) Dropout rates;

      (h) Alternative education programs;

      (i) Public charter schools;

      (j) Early childhood education and Oregon prekindergarten; and

      (k) Programs for students with special needs. [Formerly 326.770; 1995 c.660 §13; 2007 c.858 §9]

 

      Note: The amendments to 329.115 by section 9, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.115. (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.

 

      329.120 [Repealed by 1963 c.544 §52]

 

(Parental and Community Participation)

 

      329.125 Policy on 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]

 

      329.130 [Repealed by 1963 c.544 §52]

 

(Services for Children and Families)

 

      329.145 Definitions for ORS 329.150 and 329.155. 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]

 

      329.150 Services for children and families at school site; policy. 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]

 

      329.153 Policy on prevention and cost-effective programs and strategies. (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]

 

      329.155 Standards for education programs and programs providing services for children and families; interagency coordination. (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)

 

      329.156 Creation; requirements; technical assistance. (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]

 

      329.157 Identification and coordination of existing resources. (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]

 

      329.159 Evaluation; reporting. (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]

 

(Early Childhood Education)

 

      329.160 Policy on early childhood and parenting education; funding goal. 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. The Oregon prekindergarten program shall 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; 2007 c.858 §10]

 

      Note: The amendments to 329.160 by section 10, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.160. 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.

 

      329.165 Development of long-range plan for serving children and families. (1) In consultation with the advisory committee for the Oregon prekindergarten program, the Department of Education 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.

      (2) 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; 2007 c.858 §11]

 

      Note: The amendments to 329.165 by section 11, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.165. (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.

 

      329.170 Definitions for ORS 329.170 to 329.200. (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]

 

      329.175 Department to administer prekindergarten program; grants; eligibility; coordination with other programs. (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]

 

      329.180 [Formerly 326.610; repealed by 2001 c.831 §30]

 

      329.183 Prekindergarten Program Trust Fund. (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 to the Department of Education for the Oregon prekindergarten program described in ORS 329.170 to 329.200.

      (2) The department 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 department. [1995 c.636 §4; 2001 c.831 §17; 2007 c.858 §12]

 

      Note: The amendments to 329.183 by section 12, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.183. (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.

 

      329.185 Expansion of Oregon prekindergarten program. 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.

 

      329.190 Advisory committee. The Department of Education 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. The purpose of the advisory committee is to provide advice to the department on matters related to the Oregon prekindergarten program. [Formerly 326.615; 1999 c.39 §5; 2001 c.831 §19; 2007 c.858 §13]

 

      Note: The amendments to 329.190 by section 13, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.190. 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.

 

      329.195 Rules; grant applications. (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 established under ORS 329.190 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 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 board 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; 2007 c.858 §14]

 

      Note: The amendments to 329.195 by section 14, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.195. (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.

 

      329.200 Report on program by state superintendent; department to assess program effectiveness. (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 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; 2007 c.858 §15]

 

      Note: The amendments to 329.200 by section 15, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.200. (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.

 

      329.210 [Repealed by 1953 c.306 §18]

 

      329.215 [Formerly 343.415; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.215 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.215 (2005 Edition) is set forth for the user’s convenience.

      329.215 Definitions for ORS 329.215 to 329.235. 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.

 

      329.220 [Repealed by 1953 c.306 §18]

 

      329.225 [Formerly 343.425; 2001 c.831 §22; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.225 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.225 (2005 Edition) is set forth for the user’s convenience.

      329.225 Operating guides for programs; approval of programs; program requirements. (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.

 

      329.228 Early Childhood Education Trust Fund. (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 329.235.

      (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 329.235 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; 2007 c.858 §16]

 

      Note: The amendments to 329.228 by section 16, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.228. (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.

 

      329.230 [Repealed by 1953 c.306 §18]

 

      329.235 Provision of early childhood education. 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]

 

      329.237 [Formerly 336.435; 1995 c.660 §20; 1999 c.59 §81; 1999 c.1053 §27; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.237 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.237 (2005 Edition) is set forth for the user’s convenience.

      329.237 Administration; program design; components. (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.

 

      329.240 [Repealed by 1953 c.306 §18]

 

      329.245 [Formerly 336.437; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.245 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.245 (2005 Edition) is set forth for the user’s convenience.

      329.245 Rules; applications. (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.

 

      329.250 [Repealed by 1953 c.306 §18]

 

(Child Development and Student-Parent Programs)

 

      329.255 Child development specialist program. (1) The district school board of every school district operating any elementary schools may establish a child development specialist program.

      (2) If a district school board establishes a child development specialist program, the school district must meet the following requirements:

      (a) The school district shall submit a written plan describing the program to the Department of Education and the program must be approved by the department.

      (b) Upon approval of a program, a school district shall submit child development specialist candidate applications for department approval.

      (c) The school district shall conduct an annual review of the program and submit an updated plan to the department for reauthorization of the program.

      (d) Each child development specialist employed by a school district shall complete an annual evaluation of the specialist’s child development plan to be included with the school district’s updated plan.

      (3) The department shall review the plans annually.

      (4) School districts may provide the child development specialist program by contract with qualified state or local programs. [Formerly 343.125; 1995 c.660 §21; 1999 c.871 §§2,3; 2007 c.858 §17]

 

      Note: The amendments to 329.255 by section 17, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

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

 

      329.260 [Repealed by 1953 c.306 §18]

 

      329.265 State reimbursement for costs. (1) Following the close of each fiscal quarter for which reimbursement is claimed, any district that establishes a child development specialist program pursuant to ORS 329.255 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 child development specialist program.

      (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; 2007 c.858 §18]

 

      Note: The amendments to 329.265 by section 18, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.265. (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.

 

      329.275 State board guidelines; rules; qualifications for child development specialists. (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]

 

      329.280 [Repealed by 1953 c.306 §18]

 

      329.290 [Repealed by 1953 c.306 §18]

 

      329.300 [Repealed by 1953 c.306 §18]

 

      329.310 [Repealed by 1953 c.306 §18]

 

      329.320 [Repealed by 1953 c.306 §18]

 

      329.330 [Repealed by 1953 c.306 §18]

 

      329.350 [Repealed by 1953 c.306 §18]

 

      329.360 [Repealed by 1953 c.306 §18]

 

      329.385 Child development programs; student-parent programs. (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]

 

      329.390 [Repealed by 1953 c.306 §18]

 

      329.395 Definitions for ORS 329.395 to 329.425. 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]

 

      329.400 [Repealed by 1953 c.306 §18]

 

      329.405 [Formerly 336.875; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.405 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.405 (2005 Edition) is set forth for the user’s convenience.

      329.405 Study of existing program. 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.

 

      329.415 Operating guides and grant procedures for ORS 329.395 to 329.425. (1) The Department of Education shall prepare operating guides for child development programs and for teenage parent programs applicable to programs under ORS 329.395 to 329.425 that are consistent with requirements imposed by the State Board of Education.

      (2) The department shall review applications for approval of child development programs and teenage parent programs and may approve those 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 its grant for child development curriculum and in the formulation and initiation of on-site child development centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to needs of the community.

      (4) In approving applications for teenage parent programs, the department shall require that the school district use the grant in connection with appropriate education for teenage parents leading to graduation and in the formulation and development of appropriate on-site child care centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to the needs of the teenage student-parents. [Formerly 336.880; 2007 c.858 §19]

 

      Note: The amendments to 329.415 by section 19, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.415. (1) The Department of Education shall prepare operating guides for child development programs and for teenage parent programs applicable to programs under ORS 329.395 to 329.425 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 teenage parent programs and may approve those 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 its grant for child development curriculum and in the formulation and initiation of on-site child development centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to needs of the community.

      (4) In approving applications for teenage parent programs, the department shall require that the school district use the grant in connection with appropriate education for teenage parents leading to graduation and in the formulation and development of appropriate on-site child care centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to the needs of the teenage student-parents.

      (5) Results of the study required by ORS 329.405 shall be used as a basis for school district planning.

 

      329.420 [Repealed by 1953 c.306 §18]

 

      329.425 Grants under ORS 329.395 to 329.425. (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]

 

      329.430 [Repealed by 1953 c.306 §18]

 

      329.440 [Repealed by 1953 c.306 §18]

 

(Diplomas)

 

      329.445 [Formerly 326.730; 1995 c.660 §22; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.445 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.445 (2005 Edition) is set forth for the user’s convenience.

      329.445 Recognition of needs of middle educational levels. 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.

 

      329.447 [1995 c.660 §25; 2003 c.303 §7; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.447 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.447 (2005 Edition) is set forth for the user’s convenience.

      329.447 Diploma; certificates; career endorsements; subject area endorsements. (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.

 

      329.450 [Repealed by 1953 c.306 §18]

 

      329.451 High school diploma; modified diploma; grade level advancement. (1) At or before grade 12, a school district or public charter school shall award a high school diploma to a student who completes the requirements established by the State Board of Education, the school district or public charter school and this section.

      (2) In order to receive a high school diploma from a school district or public charter school, a student must satisfy the requirements established by the board and the school district or public charter school and, while in grades 9 through 12, must complete:

      (a) At least 24 credits, as defined by rule of the board;

      (b) Three credits of mathematics; and

      (c) Four credits of English.

      (3) Notwithstanding subsection (2) of this section, a school district or public charter school may award a diploma to a student who does not satisfy the requirements of subsection (2)(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, as demonstrated on Oregon state assessments; or

      (b) Displays proficiency in mathematics or English at a level established by the board.

      (4) A student may satisfy the requirements of subsection (2) of this section in less than four years. If a student satisfies the requirements of subsection (2) of this section and a school district or public charter school has the consent of the student’s parent or guardian, the school district or public charter school shall award a diploma to the student upon request from the student.

      (5) If a school district or public charter school has the consent of a student’s parent or guardian, the school district or public charter school may advance the student to the next grade level if the student has satisfied the requirements for the student’s current grade level.

      (6) The requirement for obtaining the consent of a student’s parent or guardian under subsections (4) and (5) of this section does not apply to a student who is:

      (a) Emancipated pursuant to ORS 419B.550 to 419B.558; or

      (b) 18 years of age or older.

      (7)(a) Notwithstanding subsections (1) and (2) of this section, a school district or public charter school shall award a modified diploma to a student who does not satisfy the requirements of subsections (1) and (2) of this section if the student meets requirements established by the State Board of Education by rule.

      (b) The modified diploma shall be made available only to those students who have demonstrated the inability to meet the full set of academic content standards even with reasonable modifications and accommodations. To be eligible for a modified diploma, a student must have:

      (A) A documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers; or

      (B) A documented history of a medical condition that creates a barrier to achievement.

      (8) A school district or public charter school shall award an alternative certificate to a student who does not satisfy the requirements for a diploma if the student meets requirements established by the board of the school district or public charter school.

      (9) A student who receives a modified diploma or alternative certificate shall have the option of participating in a high school graduation ceremony with the class of the student.

      (10) The State Board of Education shall submit for review by the legislative committees on education or the interim legislative committees on education, as appropriate, any proposed rules to implement requirements for a diploma, a modified diploma or an alternative certificate prior to the adoption of those rules by the board. [2005 c.827 §1; 2007 c.407 §1; 2007 c.660 §12]

 

      Note: Section 3, chapter 827, Oregon Laws 2005, provides:

      Sec. 3. (1) The requirements of ORS 329.451 (2) and (3) apply to students who receive a high school diploma from a school district on or after July 1, 2009.

      (2) ORS 329.451 (4) applies to students who satisfy the requirements for a high school diploma on or after the effective date of chapter 407, Oregon Laws 2007 [July 1, 2007].

      (3) ORS 329.451 (5) first applies to the 2007-2008 school year.

      (4) The requirements of ORS 329.451 (2) and (3) apply to students who receive a high school diploma from a public charter school:

      (a) On or after July 1, 2009, if the charter of the public charter school specified that ORS 329.451 applied to the school prior to the effective date of this 2007 Act [chapter 660, Oregon Laws 2007] [July 1, 2007]; or

      (b) On or after July 1, 2011.

      (5) School districts and public charter schools shall make modified diplomas and alternative certificates as required by ORS 329.451 (7) and (8) first available to students during the 2008-2009 school year.

      (6) Notwithstanding subsections (4) and (5) of this section, ORS 329.451 as amended by section 12 of this 2007 Act [chapter 660, Oregon Laws 2007] applies to public charter schools that enter into a charter or renew a charter on or after the effective date of this 2007 Act [chapter 660, Oregon Laws 2007]. [2005 c.827 §3; 2007 c.407 §2; 2007 c.660 §15]

 

      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.

 

      329.455 [Formerly 335.125; repealed by 1995 c.660 §50]

 

      329.460 [Repealed by 1953 c.306 §18]

 

      329.465 [Formerly 335.140; 1995 c.660 §23; 1999 c.717 §3; 1999 c.1029 §4; 2003 c.303 §8; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.465 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.465 (2005 Edition) is set forth for the user’s convenience.

      329.465 Certificate of Initial Mastery; subject area endorsements. (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.

 

      329.467 [1995 c.660 §24a; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.467 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.467 (2005 Edition) is set forth for the user’s convenience.

      329.467 Submission of Certificate of Initial Mastery materials. 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.

 

      329.470 [Repealed by 1953 c.306 §18]

 

      329.475 [Formerly 335.150; 1995 c.660 §28; 1995 c.769 §1; 1997 c.353 §1; 2003 c.303 §9; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.475 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.475 (2005 Edition) is set forth for the user’s convenience.

      329.475 Certificate of Advanced Mastery with career endorsements. (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.

 

      329.480 [Repealed by 1953 c.306 §18]

 

(Assessment)

 

      329.485 Statewide assessment system; types of assessments; subjects; additional services or alternative educational options. (1) As used in this section:

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

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

      (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.

      (2)(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, and other valid methods to measure the academic content standards and to identify students who meet or exceed the standards.

      (b) The department shall develop the statewide assessment system in mathematics, science, English, history, geography, economics and civics.

      (3) 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.

      (4) 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.

      (5) 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.

      (6) 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; 2007 c.858 §22]

 

      Note: The amendments to 329.485 by section 22, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.485. (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).

 

      329.487 [1995 c.660 §26; 1999 c.806 §1; 2001 c.443 §1; repealed by 2003 c.303 §17]

 

      329.488 Nationally normed assessment; contract; waiver. (1) The Department of Education shall contract with a nonprofit entity to administer a nationally normed assessment, in collaboration with the department, to all students in grade 10 who are enrolled in a public school. The purpose of the assessment is to predict the success of students on, and provide practice for students taking, college entrance exams.

      (2) The department shall base the selection of the contractor under subsection (1) of this section on all of the following criteria:

      (a) The contractor must be able to provide to the department statewide data containing the results of the assessment;

      (b) The contractor shall provide an assessment that:

      (A) Identifies students with high potential to excel in advanced placement (AP) or other honors courses based on a research-based correlation of scores on the grade 10 assessment to advanced placement examinations;

      (B) Examines students in mathematics, reading and writing; and

      (C) Provides results that can be used by Oregon’s higher education institutions to recruit students to attend college;

      (c) The contractor must be able to supply schools with an item-by-item analysis of student performance on the assessment; and

      (d) The contractor must be able to make available to each student taking the assessment a free career assessment and online exploration of colleges and career opportunities.

      (3) Notwithstanding subsection (1) of this section:

      (a) The department may allow the contractor to waive the assessment for specific groups of students; and

      (b) Upon request from a student who is enrolled in a public school operated by a school district or the parent or guardian of the student, the school district shall waive the assessment for the student. [2007 c.858 §42]

 

      Note: 329.488 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.

 

      Note: Section 43, chapter 858, Oregon Laws 2007, provides:

      Sec. 43.:RF8 The Department of Education shall enter into a contract under section 42 of this 2007 Act [329.488] to first provide an assessment during the 2008-2009 school year. [2007 c.858 §43]

 

(Subjects)

 

      329.489 American Sign Language; proficiency; curricula development; teachers. (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 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; 2007 c.858 §64]

 

      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.

 

      329.490 [Repealed by 1953 c.306 §18]

 

      329.492 Oregon Studies; academic content standards. (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]

 

      329.495 [Formerly 335.170; repealed by 1995 c.660 §50]

 

      329.496 Physical education participation; minimum requirements; exceptions; professional development. (1) Every public school student in kindergarten through grade 8 shall participate in physical education for the entire school year. Students in kindergarten through grade 5 shall participate in physical education for at least 150 minutes during each school week. Students in grades 6 through 8 shall participate in physical education for at least 225 minutes during each school week.

      (2) School districts and public charter schools shall offer instruction in physical education that meets the academic content standards for physical education adopted by the State Board of Education under ORS 329.045. The instruction shall be a sequential, developmentally appropriate curriculum that is designed, implemented and evaluated to help students develop the knowledge, motor skills, self-management skills, attitudes and confidence needed to adopt and maintain physical activity throughout their lives.

      (3) School districts and public charter schools shall devote at least 50 percent of physical education class time to actual physical activity in each school week, with as much class time as possible spent in moderate physical activity.

      (4)(a) Notwithstanding subsections (1) and (3) of this section, a student with disabilities shall have suitably adapted physical education incorporated as part of the individualized education program developed for the student under ORS 343.151.

      (b) Notwithstanding subsections (1) and (3) of this section, a student who does not have an individualized education program but has chronic health problems, other disabling conditions or other special needs that preclude the student from participating in regular physical education instruction shall have suitably adapted physical education incorporated as part of an individualized health plan developed for the student by the school district or public charter school.

      (5) School districts and public charter schools shall assess school curricula at regular intervals to measure the attainment of the minimum number of minutes that students are required to participate in physical education under this section.

      (6) All teachers of physical education for public school students in kindergarten through grade 8 shall be adequately prepared and shall regularly participate in professional development activities to effectively deliver the physical education program. [2007 c.839 §5]

 

      Note: 329.496 becomes operative July 1, 2017, and first applies to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007.

 

      329.498 Data related to physical education; facilities. The Department of Education shall collect data from school districts on:

      (1) The number of minutes of physical education that are provided to students in kindergarten through grade 8 each school week in each public school within the district;

      (2) The physical capacity of public schools to provide students in kindergarten through grade 5 with at least 150 minutes of physical education during each school week and to provide students in grades 6 through 8 with at least 225 minutes of physical education during each school week; and

      (3) The additional facilities required by public schools to provide physical education to students as described in subsection (2) of this section. [2007 c.839 §1]

 

      Note: 329.498 to 329.501 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.

 

      329.499 Report to Legislative Assembly. Prior to February 1 of each odd-numbered year, the Department of Education shall report to the Legislative Assembly on the data collected under ORS 329.498 for the prior two school years. [2007 c.839 §2]

 

      Note: See note under 329.498.

 

      Note: Section 3, chapter 839, Oregon Laws 2007, provides:

      Sec. 3. Notwithstanding section 2 of this 2007 Act [329.499], the Department of Education is required to include only the data collected from the 2007-2008 school year under section 1 of this 2007 Act [329.498] in the first report to the Legislative Assembly under section 2 of this 2007 Act. [2007 c.839 §3]

 

      329.500 [Repealed by 1953 c.306 §18]

 

      329.501 Grants for physical education; rules. (1) The Department of Education shall award grants to school districts and public charter schools for the purpose of meeting the physical education requirements of ORS 329.496.

      (2) A district or school that receives a grant may use the grant to:

      (a) Hire teachers who specialize in physical education; and

      (b) Provide in-service training to teachers on the academic content standards for physical education and the requirements of ORS 329.496.

      (3) The department shall determine:

      (a) The amount of a grant;

      (b) The criteria for awarding a grant; and

      (c) The process for awarding grants.

      (4) The State Board of Education may adopt any rules necessary to administer this section. [2007 c.839 §10]

 

      Note: See note under 329.498.

 

      329.505 [Formerly 335.180; repealed by 1995 c.660 §50]

 

      329.510 [Repealed by 1953 c.306 §18]

 

      329.520 [Repealed by 1953 c.306 §18]

 

      329.530 [Repealed by 1953 c.306 §18]

 

      329.535 [Formerly 336.530; repealed by 1995 c.660 §50]

 

      329.537 [1991 c.693 §13; 1995 c.660 §49; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.537 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.537 (2005 Edition) is set forth for the user’s convenience.

      329.537 Funding for Oregon 21st Century Schools Program and School Improvement and Professional Development 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.

 

      329.540 [Repealed by 1953 c.306 §18]

 

      329.545 [Formerly 336.535; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.545 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.545 (2005 Edition) is set forth for the user’s convenience.

      329.545 Policy for program. 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.

 

      329.555 [Formerly 336.540; 1995 c.278 §40; 1995 c.343 §28; 1995 c.660 §31; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.555 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.555 (2005 Edition) is set forth for the user’s convenience.

      329.555 Oregon 21st Century Schools Program established; purposes. (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.

 

      329.560 [Repealed by 1953 c.306 §18]

 

      329.565 [Formerly 336.545; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.565 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.565 (2005 Edition) is set forth for the user’s convenience.

      329.565 District eligibility for program. (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.

 

      329.570 [Formerly 336.550; 1995 c.660 §32; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.570 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.570 (2005 Edition) is set forth for the user’s convenience.

      329.570 Application; district planning committee; eligibility. (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.

 

      329.575 [Formerly 336.555; 1997 c.864 §20; 2001 c.448 §2; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.575 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.575 (2005 Edition) is set forth for the user’s convenience.

      329.575 Application content. (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.

 

      329.585 [Formerly 336.557; 1995 c.660 §33; 1997 c.864 §21; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.585 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.585 (2005 Edition) is set forth for the user’s convenience.

      329.585 District proposals. (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.

 

      329.595 [Formerly 336.560; 1997 c.864 §22; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.595 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.595 (2005 Edition) is set forth for the user’s convenience.

      329.595 Rules on applications; review of applications; recommendations to state board. (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.

 

      329.600 [Formerly 336.565; 1997 c.864 §23; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.600 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.600 (2005 Edition) is set forth for the user’s convenience.

      329.600 District annual report; proposed plan amendment. (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.

 

      329.605 [Formerly 336.570; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.605 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.605 (2005 Edition) is set forth for the user’s convenience.

      329.605 Department oversight function. 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.

 

      329.610 [Repealed by 1963 c.22 §2]

 

      329.620 [Repealed by 1963 c.22 §2]

 

      329.630 [Repealed by 1963 c.22 §2]

 

      329.640 [Repealed by 1963 c.22 §2]

 

      329.650 [Repealed by 1963 c.22 §2]

 

      329.660 [Repealed by 1963 c.22 §2]

 

      329.670 [Repealed by 1963 c.22 §2]

 

SCHOOL COUNCILS AND PROFESSIONAL DEVELOPMENT PROGRAMS

 

      329.675 [Formerly 336.705; 1995 c.660 §34; 1997 c.249 §95; 1997 c.383 §7; 2001 c.317 §1; 2007 c.858 §24; 2007 c.863 §1; renumbered 329.788 in 2007]

 

      329.680 [Repealed by 1963 c.22 §2]

 

      329.685 [Formerly 336.710; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.685 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.685 (2005 Edition) is set forth for the user’s convenience.

      329.685 Policy on school goals. (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.

 

(School Councils)

 

      329.690 [Formerly 336.715; 1995 c.660 §35; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.690 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.690 is set forth for the user’s convenience.

      329.690 School Improvement and Professional Development program established. (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 329.788 to 329.820 are subject to the availability of funds appropriated therefor.

 

      329.695 [Formerly 336.720; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.695 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.695 is set forth for the user’s convenience.

      329.695 Grant applications; evaluation; duration of grant; representation in selection. (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 329.788 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.

 

      329.700 [Formerly 336.730; 1995 c.660 §36; 2001 c.317 §2; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.700 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.700 is set forth for the user’s convenience.

      329.700 Oregon 21st Century Schools Advisory Committee; membership; application deadlines for grants; amount; distribution. (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 329.788 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 329.788 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 329.788 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 291.232 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.

 

      329.704 Local 21st Century Schools Councils; duties; composition; selection; district site committees. (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; and

      (d) The administration of grants-in-aid for the professional development of teachers and classified district employees.

      (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; 2007 c.858 §25]

 

      Note: The amendments to 329.704 by section 25, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      329.704. (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.

 

      329.705 [Formerly 336.745; repealed by 1995 c.660 §38 (329.704 enacted in lieu of 329.705)]

 

      329.709 [Formerly 336.755; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.709 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.709 is set forth for the user’s convenience.

      329.709 Rules for grant applications. (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 329.788 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 329.788 to 329.820 subject to collective bargaining.

 

      329.710 [Amended by 1961 c.522 §1; 1963 c.282 §10; 1963 c.544 §23; renumbered 330.080]

 

      329.715 [Formerly 336.765; 1995 c.343 §29; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.715 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.715 is set forth for the user’s convenience.

      329.715 Application content. 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 329.788 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.

 

      329.720 [Amended by 1961 c.522 §2; 1963 c.544 §24; renumbered 330.085]

 

      329.725 [Formerly 336.775; repealed by 2001 c.317 §11]

 

      329.730 [Amended by 1957 c.310 §6; 1959 c.518 §1; 1961 c.522 §3; repealed by 1963 c.282 §16]

 

      329.735 [Formerly 336.780; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.735 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.735 is set forth for the user’s convenience.

      329.735 Evaluation of district programs. (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 329.788 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.

 

      329.740 [Renumbered 330.115]

 

      329.745 [Formerly 336.785; repealed by 2007 c.858 §40]

 

      Note: The repeal of 329.745 first applies to the 2008-2009 school year. See sections 40 and 41, chapter 858, Oregon Laws 2007. 329.745 (2005 Edition) is set forth for the user’s convenience.

      329.745 Dedication of available funds for professional development centers. 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.

 

      329.750 [Renumbered 330.125]

 

      329.753 [Formerly 342.017; repealed by 1995 c.660 §50]

 

      329.755 [1955 c.22 §1; 1957 c.89 §3; renumbered 330.135]

 

(Teacher Corps)

 

      329.757 Oregon 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]

 

      329.760 [Amended by 1953 c.538 §2; renumbered 330.145]

 

      329.765 Administration of corps; rules. (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]

 

      329.770 [Amended by 1953 c.513 §3; renumbered 330.155]

 

      329.775 Loans; amounts; interest; repayment; waiver of repayment. (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.