Bill Text: OR HB2193 | 2013 | Regular Session | Enrolled
Bill Title: Relating to documented history of student for purpose of high school completion; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-05-09 - Chapter 64, (2013 Laws): Effective date July 1, 2013. [HB2193 Detail]
Download: Oregon-2013-HB2193-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2193
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Education)
CHAPTER ................
AN ACT
Relating to documented history of student for purpose of high
school completion; creating new provisions; amending ORS
329.451; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
Enrolled House Bill 2193 (HB 2193-INTRO) Page 1
(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 language; { + 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; 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
Enrolled House Bill 2193 (HB 2193-INTRO) Page 2
grade level activities and that results in the student
participating in alternate assessments. - }
{ + (b) Have a documented history of:
(A) An inability to maintain grade level achievement due to
significant learning and instructional barriers;
(B) A medical condition that creates a barrier to achievement;
or
(C) A change in the student's ability to participate in grade
level activities as a result of a serious illness or injury that
occurred after grade eight. + }
(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
Enrolled House Bill 2193 (HB 2193-INTRO) Page 3
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 { + ,
to the parents or guardians of a student who has the documented
history described in subsection (7)(b) of this section, + }
information { - to the parents or guardians of a student taking
an alternate assessment of - } { + about + } the availability
of a modified diploma, an extended diploma and an alternative
certificate and the requirements for the diplomas and certificate
{ - . - } { + :
(A) Beginning in grade five; or
(B) Beginning after a documented history described in
subsection (7)(b) of this section has been established. + }
SECTION 2. { + The amendments to ORS 329.451 by section 1 of
this 2013 Act apply to extended diplomas awarded on or after the
effective date of this 2013 Act. + }
SECTION 3. { + 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. + }
Enrolled House Bill 2193 (HB 2193-INTRO) Page 4
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Passed by House February 20, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate April 30, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2193 (HB 2193-INTRO) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2193 (HB 2193-INTRO) Page 6
