Bill Text: OR HB2293 | 2011 | Regular Session | Introduced

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Bill Title: Relating to education.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2293 Detail]

Download: Oregon-2011-HB2293-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1557

                         House Bill 2293

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Education)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires annual assessment of reading ability for students in
grades one through three. Requires school district to retain
student in grade three if student is reading at grade one level
or lower, with certain exceptions. Requires school district to
provide intensive reading program for students reading below
grade level in grades one through three and students retained in
grade three because of below-grade reading level.

                        A BILL FOR AN ACT
Relating to education; creating new provisions; and amending ORS
  329.007 and 329.485.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 329. + }
  SECTION 2. { +  (1) Based upon the assessment of the reading
portion of English conducted pursuant to ORS 329.485 (2)(c), and
an individualized evaluation by a student's reading teacher, each
school district shall assign a reading grade level to each
student in grades one through three. The Department of Education
shall adopt by rule factors to be used in making individualized
evaluations.
  (2) A school district shall notify in writing the parents of a
student who is evaluated to be reading at a grade level below the
grade of the student that:
  (a) The student has been identified as having a deficiency in
reading ability, based upon an individualized evaluation, and
include a description of the factors used in making the
individualized evaluation;
  (b) The school district will provide supplemental instructional
services to the student, and include a description of the
supplemental instructional services;
  (c) If the student's deficiency in reading ability is not
remediated to at least a reading grade level of two by the end of
the student's year in grade three, the student must be retained
in grade three unless the student is exempt from retention for
any of the reasons set forth in subsection (4)(b) of this
section; and

  (d) The student's parents may also use strategies to help the
student attain a proficiency in reading ability, and shall
include a description of those strategies.
  (3) A school district shall establish a reading program
designed to prevent the retention of grade three students because
of deficiencies in reading ability. The program shall:
  (a) Measure phonemic awareness, phonics, fluency, vocabulary
and reading comprehension;
  (b) Be provided during regular school hours in addition to
standard classroom reading instruction; and
  (c) Provide a reading curriculum that:
  (A) Assists students evaluated as having a deficiency in
reading ability in developing the ability to read at grade level;
  (B) Promotes skill development in phonemic awareness, phonics,
fluency, vocabulary and reading comprehension;
  (C) Requires initial and ongoing analysis of each student's
reading progress using scientifically based and reliable
assessment methods; and
  (D) Includes instruction in core academic subjects to assist
students in maintaining or meeting proficiency levels for the
appropriate grade in all academic subjects.
  (4)(a) A school district may not promote a student from grade
three to grade four unless the student is reading at a grade
level of two or higher, as determined through the assessment and
evaluation required by subsection (1) of this section conducted
during the student's grade three school year.
  (b) Notwithstanding paragraph (a) of this subsection, a school
district may promote a student who is not reading at a grade two
level or higher from grade three to grade four if the student:
  (A) Has limited proficiency in the English language and has had
less than two years of instruction in an English language program
or courses under ORS 336.079;
  (B) Is a child with a disability, as defined under ORS 343.035,
and has an individualized education program developed under ORS
343.151 indicating that participation in a reading assessment is
not appropriate;
  (C) Has demonstrated an acceptable level of performance on an
alternative standardized reading assessment approved by the
Department of Education;
  (D) Has demonstrated, through a student portfolio reviewed by
the school district, that the student is reading at a grade level
of two or higher;
  (E) Is a child with a disability, as defined under ORS 343.035,
has an individualized education plan developed under ORS 343.151
indicating that the student has received intensive remedial
instruction in reading for more than two years, and was
previously retained for at least one year in kindergarten, grade
one, grade two or grade three, but still demonstrates a
deficiency in reading ability;
  (F) Has received intensive remedial instruction in reading for
at least two years and was previously retained in kindergarten,
grade one, grade two or grade three for at least two years, but
still is unable to read at grade level two; or
  (G) Qualifies for a good cause exemption from the retention
requirement, based upon:
  (i) A recommendation submitted from the student's teacher to
the school district indicating that promotion of the student is
appropriate and is based upon the student's academic record; and
  (ii) Review, discussion and written approval of the
recommendation by the school district and the student's parents.
  (5) A school district shall notify in writing the parents of a
student who is retained in grade three that the student has not
met the proficiency level required for promotion to grade four,
and include the reasons the child is not eligible for an
exemption pursuant to subsection (4)(b) of this section. The
notification must also include a description of the program
proposed to be provided to the student to remediate the
deficiency in reading ability.
  (6) A school district shall provide a program designed to
remediate the deficiency in reading ability of students who are
retained in grade three pursuant to subsection (4) of this
section. The program must include:
  (a) A detailed analysis of each student's deficiency in reading
ability, the causes of the deficiency and recommended methods for
remediating the deficiency; and
  (b) Intensive instructional services and supports to remediate
each student's identified areas of deficiency in reading ability,
including a minimum of 90 minutes daily of uninterrupted,
research-based reading instruction and other instructional
strategies as prescribed by the school district, which may
include:
  (A) Small group instruction;
  (B) Reduced student-to-teacher ratios;
  (C) Frequent progress monitoring;
  (D) Tutoring or mentoring;
  (E) Transition classes containing grade three and grade four
students;
  (F) Extended school days, weeks or years; and
  (G) Summer reading camps.
  (7) A school district shall assign a student who is retained in
grade three pursuant to subsection (4) of this section to the
class of a grade three teacher at the student's school that the
school district has determined is best able to help the student
achieve a reading ability that will allow subsequent promotion of
the student to grade four.
  (8) A school district shall implement a policy of mid-year
advancement to grade four of any student retained in grade three
who is able to demonstrate reading ability at grade three or
higher during a school year, based upon subsequent assessments,
alternative assessments or portfolio reviews, in accordance with
rules adopted by the State Board of Education.
  (9) A school district shall provide instructional assistance to
parents of students who are retained in grade three, consisting
of development of a plan for increased parental instruction,
supervision of students' reading outside of school and joint
student-parent reading workshops.
  (10) A school district shall report annually to the parents of
each student in grades one through three who is evaluated as
having a deficiency in reading ability in a uniform format
adopted by the school district board:
  (a) The progress of the student toward achieving an at-grade or
higher level of reading proficiency;
  (b) The student's results on statewide assessment tests,
including reading assessment tests; and
  (c) The student's related progress in proficiency in writing,
science and mathematics.
  (11) Before September 1 of each year, each school district
shall report to the Department of Education, in a form
established by the department by rule, the following information
on the previous school year:
  (a) The school district's policies and procedures on student
retention and promotion;
  (b) The number and percentage of all students in grades 3
through 10 performing at grade level one or two on reading
assessments;
  (c) The number and percentage of all students in grades 3
through 10 who are retained in grade three;
  (d) The number and percentage of all students in grades 3
through 10 of students who were promoted pursuant to subsection
(4)(b) of this section; and
  (e) Any revisions to the school district's policy on student
retention and promotion from the previous school year. + }
  SECTION 3. 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) 'Promotion' means the advancement of a student from
a grade level to the next grade level in a subsequent school
year. + }
    { - (10) - }  { +  (11) + } 'Public charter school' has the
meaning given that term in ORS 338.005.
   { +  (12) 'Retention' means the keeping of a student at the
same grade level in a subsequent school year that the student was
enrolled in during the previous school year. + }
    { - (11) - }  { +  (13) + } '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) - }  { +  (14) + } 'Second languages' means any
foreign language or American Sign Language.
    { - (13) - }  { +  (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.
    { - (14) - }  { +  (16) + } 'The arts' includes, but is not
limited to, literary arts, performing arts and visual arts.
    { - (15) - }  { +  (17) + } '21st Century Schools Council'
means a council established pursuant to ORS 329.704.
  SECTION 4. ORS 329.485 is amended to read:
  329.485. (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.
   { +  (c) The statewide assessment system must include
assessment of all students in grades one through three in the
reading portion of English, to be completed at least yearly. + }
  (3) In addition to the assessment system implemented under
subsection (2) of this section, the department may make available
to school districts and public charter schools an assessment
system that uses criterion-referenced assessments including
performance-based assessments and content-based assessments to:
  (a) Measure a student's progress in achieving the academic
content standards for the student's current grade level;
  (b) Determine the grade level of the understanding, knowledge
or ability of a student, which shall be determined regardless of
the actual grade level of the student and may be determined by
adapting the assessment during the assessment process as a result
of the performance of the student;
  (c) Track and provide reports on the progress of a student
based on the information provided under paragraphs (a) and (b) of
this subsection; and
  (d) Provide predictions of anticipated student progress that
are based on the information provided under this subsection and
not on the current grade level of the student.
  (4)(a) 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.
  (b) School districts and public charter schools may implement
the assessment system described in subsection (3) of this
section.
  (5) Each year the resident district shall be accountable for
determining the student's progress toward achieving the academic
content standards. Progress toward the academic content standards
shall be measured in a manner that clearly enables the student
and parents to know whether the student is making progress toward
meeting or exceeding the academic content standards. In addition,
the district shall adopt a grading system based on the local
school district board adopted course content of the district's
curriculum. The grading system shall clearly enable the student
and parents to know how well the student is achieving course
requirements.
  (6) If a student has not met or has exceeded all of the
academic content standards, the school district shall make
additional services or alternative educational or public school
options available to the student.
  (7) If the student to whom additional services or alternative
educational options have been made available does not meet or
exceed the academic content standards within one year, the school
district, with the consent of the parents, shall make an
appropriate placement, which may include an alternative education
program or the transfer of the student to another public school
in the district or to a public school in another district that
agrees to accept the student. The district that receives the
student shall be entitled to payment. The payment shall consist
of:
  (a) An amount equal to the district expenses from its local
revenues for each student in average daily membership, payable by
the resident district in the same year; and

  (b) Any state and federal funds the attending district is
entitled to receive payable as provided in ORS 339.133 (2).
  SECTION 5.  { + Section 2 of this 2011 Act and the amendments
to ORS 329.007 and 329.485 by sections 3 and 4 of this 2011 Act
first apply to the 2012-2013 school year. + }
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