Bill Text: OR HB2099 | 2013 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to language requirements for education; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-03-21 - Chapter 15, (2013 Laws): Effective date July 1, 2013. [HB2099 Detail]
Download: Oregon-2013-HB2099-Introduced.html
Bill Title: Relating to language requirements for education; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-03-21 - Chapter 15, (2013 Laws): Effective date July 1, 2013. [HB2099 Detail]
Download: Oregon-2013-HB2099-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 641 House Bill 2099 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor John A. Kitzhaber, M.D., for Department of Education) SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Changes term 'second languages' to 'world languages' for purposes of elementary and secondary education requirements. Declares emergency, effective July 1, 2013. A BILL FOR AN ACT Relating to language requirements for education; amending ORS 329.007, 329.025, 329.045 and 329.451; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 329.007 is amended to read: 329.007. As used in this chapter, unless the context requires otherwise: (1) 'Academic content standards' 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) - } { + (12) + } 'Teacher' means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. ' Teacher' does not include a school nurse, as defined in ORS 342.455, or a person whose duties require an administrative license. { - (14) - } { + (13) + } 'The arts' includes, but is not limited to, literary arts, performing arts and visual arts. { + (14) 'World languages' means American Sign Language and languages other than English. + } (15) '21st Century Schools Council' means a council established pursuant to ORS 329.704. SECTION 2. ORS 329.025, as amended by section 16, chapter 91, Oregon Laws 2012, is amended to read: 329.025. It is the intent of the Legislative Assembly to maintain a system of public elementary and secondary schools that allows students, parents, teachers, administrators, school district boards and the State Board of Education to be accountable for the development and improvement of the public school system. The public school system shall have the following characteristics: (1) Provides equal and open access and educational opportunities for all students in the state regardless of their linguistic background, culture, race, gender, capability or geographic location; (2) Assumes that all students can learn and establishes high, specific skill and knowledge expectations and recognizes individual differences at all instructional levels; (3) Provides each student an education experience that supports academic growth beyond proficiency in established academic content standards and encourages students to attain aspirational goals that are individually challenging; (4) Provides special education, compensatory education, linguistically and culturally appropriate education and other specialized programs to all students who need those services; (5) Supports the physical and cognitive growth and development of students; (6) Provides students with a solid foundation in the skills of reading, writing, problem solving and communication; (7) Provides opportunities for students to learn, think, reason, retrieve information, use technology and work effectively alone and in groups; (8) Provides for rigorous academic content standards and instruction in mathematics, science, English, history, geography, economics, civics, physical education, health, the arts and { - second - } { + world + } languages; (9) Provides increased learning time; (10) 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; (11) 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; (12) Provides students with the knowledge and skills that lead to an active, healthy lifestyle; (13) Provides students with the knowledge and skills to take responsibility for their decisions and choices; (14) Provides opportunities for students to learn through a variety of teaching strategies; (15) Emphasizes involvement of parents and the community in the total education of students; (16) Transports children safely to and from school; (17) Ensures that the funds allocated to schools reflect the uncontrollable differences in costs facing each district; (18) Ensures that local schools have adequate control of how funds are spent to best meet the needs of students in their communities; and (19) Provides for a safe, educational environment. SECTION 3. ORS 329.045, as amended by section 17, chapter 91, Oregon Laws 2012, is amended to read: 329.045. (1)(a) 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. (b) The review and revision conducted under this section shall: (A) Include Essential Learning Skills and rigorous academic content standards in mathematics, science, English, history, geography, economics, civics, physical education, health, the arts and { - second - } { + world + } languages. (B) Involve teachers and other educators, parents of students and other citizens and shall provide ample opportunity for public comment. (C) Encourage increased learning time. As used in this subparagraph, 'increased learning time' means a schedule that encompasses a longer school day, week or year for the purpose of increasing the total number of school hours available to provide: (i) Students with instruction in core academic subjects, including mathematics, science, English, history, geography, economics, civics, the arts and { - second - } { + world + } languages; (ii) Students with instruction in subjects other than the subjects identified in sub-subparagraph (i) of this subparagraph, including health and physical education; (iii) Students with the opportunity to participate in enrichment activities that contribute to a well-rounded education, including learning opportunities that may be based on service, experience or work and that may be provided through partnerships with other organizations; and (iv) Teachers with the opportunity to collaborate, plan and engage in professional development within and across grades and subjects. (c) Nothing in this subsection prevents a school district or public charter school from maintaining control over course content, format, materials and teaching methods. (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 - } { + world + } languages that meets the academic content standards adopted by the State Board of Education and meets the requirements adopted by the State Board of Education and the board of the school district or public charter school. SECTION 4. ORS 329.451 is amended to read: 329.451. (1)(a) 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 subsection (2) of this section. (b) A school district or public charter school shall award a modified diploma to a student who satisfies the requirements established by subsection (6) of this section, an extended diploma to a student who satisfies the requirements established by subsection (7) of this section or an alternative certificate to a student who satisfies the requirements established by subsection (8) of this section. (c) A school district or public charter school may not deny a student who has the documented history described in subsection (6)(b) or (7)(b) and (c) of this section the opportunity to pursue a diploma with more stringent requirements than a modified diploma or an extended diploma for the sole reason that the student has the documented history. (d) A school district or public charter school may award a modified diploma or extended diploma to a student only upon receiving consent as provided by subsection (5) of 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 State Board of Education and the school district or public charter school and, while in grades 9 through 12, must complete at least: (a) Twenty-four total credits; (b) Three credits of mathematics; and (c) Four credits of English. (3) 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 received consent as provided by subsection (5) of this section, the school district or public charter school shall award a high school diploma to the student. (4) If a school district or public charter school has received consent as provided by subsection (5) of this section, 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. (5)(a) For the purpose of receiving consent as provided by subsections (1)(d), (3) and (4) of this section, consent shall be provided by: (A) The parent or guardian of the student, if the student: (i) Is under 18 years of age and is not emancipated pursuant to ORS 419B.550 to 419B.558; or (ii) Has been determined not to have the ability to give informed consent regarding the student's education pursuant to a protective proceeding under ORS chapter 125; or (B) The student, if the student is 18 years of age or older or is emancipated pursuant to ORS 419B.550 to 419B.558. (b) For the purpose of awarding a modified diploma or extended diploma as provided by subsection (1)(d) of this section or of awarding a high school diploma as provided by subsection (3) of this section, consent must be received during the school year for which the diploma will be awarded. (6) A school district or public charter school shall award a modified diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations. To be eligible for a modified diploma, a student must: (a) Satisfy the requirements for a modified diploma established by the State Board of Education; and (b) Have a documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers or have a documented history of a medical condition that creates a barrier to achievement. (7) A school district or public charter school shall award an extended diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations. To be eligible for an extended diploma, a student must: (a) While in grade nine through completion of high school, complete 12 credits, which may not include more than six credits earned in a self-contained special education classroom and shall include: (A) Two credits of mathematics; (B) Two credits of English; (C) Two credits of science; (D) Three credits of history, geography, economics or civics; (E) One credit of health; (F) One credit of physical education; and (G) One credit of the arts or a { - second - } { + world + } language; (b) Have a documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers or have a documented history of a medical condition that creates a barrier to achievement; and (c)(A) Participate in an alternate assessment beginning no later than grade six and lasting for two or more assessment cycles; or (B) Have a serious illness or injury that occurs after grade eight, that changes the student's ability to participate in grade level activities and that results in the student participating in alternate assessments. (8) A school district or public charter school shall award an alternative certificate to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma if the student meets requirements established by the board of the school district or public charter school. (9) A student shall have the opportunity to satisfy the requirements of subsection (6), (7) or (8) of this section by the later of: (a) Four years after starting grade nine; or (b) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law. (10)(a) A student may satisfy the requirements described in subsection (6), (7) or (8) of this section in less than four years if consent is provided in the manner described in subsection (5)(a) of this section. (b) The consent provided under this subsection must be written and must clearly state that the parent, guardian or student is waiving the time allowed under subsection (9) of this section. A consent may not be used to allow a student to satisfy the requirements of subsection (6), (7) or (8) of this section in less than three years. (c) A copy of all consents provided under this subsection for students in a school district must be forwarded to the district superintendent. (d) Each school district must provide to the Superintendent of Public Instruction information about the number of consents provided during a school year. (11)(a) A student who receives a modified diploma, an extended diploma or an alternative certificate shall: (A) Have the option of participating in a high school graduation ceremony with the class of the student; and (B) Have access to instructional hours, hours of transition services and hours of other services that are designed to: (i) Meet the unique needs of the student; and (ii) When added together, provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school. (b)(A) The number of instructional hours, hours of transition services and hours of other services that are appropriate for a student shall be determined by the student's individualized education program team. Based on the student's needs and performance level, the student's individualized education program team may decide that the student will not access the total number of hours of instruction and services to which the student has access under paragraph (a)(B) of this subsection. (B) A school district may not unilaterally decrease the total number of hours of instruction and services to which the student has access under paragraph (a)(B) of this subsection, regardless of the age of the student. (c) If a student's individualized education program team decides that the student will not access the total number of hours of instruction and services to which the student has access under paragraph (a)(B) of this subsection, the school district shall annually: (A) Provide the following information in writing to the parent or guardian of the student: (i) The school district's duty to comply with the requirements of paragraph (a)(B) of this subsection; and (ii) The prohibition against a school district's unilaterally decreasing the total number of hours of instruction and services to which the student has access. (B) Obtain a signed acknowledgment from the parent or guardian of the student that the parent or guardian received the information described in subparagraph (A) of this paragraph. (C) Include in the individualized education program for the student a written statement that explains the reasons the student is not accessing the total number of hours of instruction and services to which the student has access under paragraph (a)(B) of this subsection. (d) For purposes of paragraph (a)(B) of this subsection, transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. A school district that enters into an interagency agreement as allowed under this paragraph retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student under this subsection. An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement as provided by this paragraph. (12) A school district or public charter school shall: (a) Ensure that students have on-site access to the appropriate resources to achieve a high school diploma, a modified diploma, an extended diploma or an alternative certificate at each high school in the school district or at the public charter school. (b) Provide literacy instruction to all students until graduation. (c) Beginning in grade five, annually provide information to the parents or guardians of a student taking an alternate assessment of the availability of a modified diploma, an extended diploma and an alternative certificate and the requirements for the diplomas and certificate. SECTION 5. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect July 1, 2013. + } ----------