Bill Text: OR HB2426 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the use of technology in schools.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2013-05-13 - Chapter 98, (2013 Laws): Effective date January 1, 2014. [HB2426 Detail]
Download: Oregon-2013-HB2426-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2426
Sponsored by Representative GELSER, Senator HASS; Representatives
FREDERICK, HARKER, HUFFMAN, SPRENGER, Senator ROBLAN
(Presession filed.)
CHAPTER ................
AN ACT
Relating to the use of technology in schools; creating new
provisions; and amending ORS 337.120, 338.025, 338.115 and
343.223.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'independent
communication' means communication that does not require
assistance or interpretation by an individual who is not part of
the communication but that may require the use or assistance of
an electronic device.
(2) Each district school board shall adopt policies for the use
of personal electronic devices in the schools of the school
district as provided by this section.
(3) A district school board shall adopt a policy for the use of
personal electronic devices that support academic activities and
independent communications. The policy must provide that:
(a) Students may be allowed to use personal electronic devices
that support academic activities and independent communications.
(b) Unless otherwise specifically prohibited by the policy,
students may not be denied the opportunity to use a personal
electronic device that supports academic activities and
independent communications.
(4) If a school district implements a curriculum that uses
technology, the district school board shall adopt a policy that
provides that:
(a) Students may be allowed, but are not required, to use their
own personal electronic devices for the curriculum.
(b) Students who use their own personal electronic devices for
the curriculum must be granted access to any applications or
electronic materials that are available to students who do not
use their own personal electronic devices for the curriculum.
(c) Students who use their own personal electronic devices for
the curriculum must be granted access to applications and
electronic materials free of charge if the applications and
electronic materials are provided free of charge to students who
do not use their own personal electronic devices for the
curriculum.
(5) A policy adopted under subsection (3) or (4) of this
section must include a process and timeline for responding to a
student's request related to the use of a personal electronic
device, including an appeals process.
Enrolled House Bill 2426 (HB 2426-A) Page 1
(6) School districts must ensure that the policies adopted
under subsection (3) or (4) of this section are made available
to:
(a) School district personnel whose duties may require them to
assist students with personal electronic devices; and
(b) Students and parents or guardians of students.
(7) Nothing in the requirements of this section prevents a
district school board from prohibiting:
(a) Telephonic or electronic communications during regular
school hours or during school events if the communications are
not related to academic activities or independent communications;
(b) Communications using access to social media or to
nonacademic sites during regular school hours or during school
events;
(c) The use of personal electronic devices for any purpose that
does not support academic activities or independent
communications; or
(d) The use of personal electronic devices for entertainment
purposes.
(8) Nothing in this section authorizes a district school board,
or any employees of or volunteers for the school district or a
school of the school district, to request, require or compel
access to a student's electronic mail or personal online
accounts. + }
SECTION 2. { + Policies under section 1 of this 2013 Act must
be adopted and implemented no later than the 2014-2015 school
year. + }
SECTION 3. ORS 343.223 is amended to read:
343.223. (1) { + (a) + } Each school district shall make
assistive technology devices or assistive technology services, or
both, available to a child with a disability if required as part
of a child's special education, related services or supplementary
aids and services.
{ - (2) - } { + (b) + } The State Board of Education shall
establish by rule the definitions of assistive technology devices
and assistive technology services.
{ + (2) School districts shall ensure that school
administrators and school personnel whose duties may require them
to assist a student with a print disability, as defined in ORS
337.511, receive annual professional development related to using
online resources that enable students with print disabilities to
receive instructional materials free of charge. + }
SECTION 4. { + A school district shall ensure that school
administrators and school personnel who are required to receive
training as provided by ORS 343.223, as amended by section 3 of
this 2013 Act, first receive training by October 1, 2014. + }
SECTION 5. ORS 337.120, as amended by section 7, chapter 91,
Oregon Laws 2012, is amended to read:
337.120. (1) { + (a) + } A district school board, with the
assistance of teachers and administrators of the district, shall
adopt a list of textbooks and other instructional materials for
each grade and subject for which instruction is provided by the
school district.
{ + (b) When adopting a list of textbooks and other
instructional materials, the district school board shall consider
whether the textbooks and other instructional materials are
available through online resources that enable students with
print disabilities to receive the textbooks and instructional
materials free of charge.
Enrolled House Bill 2426 (HB 2426-A) Page 2
(c) + }The district school board shall adopt the list in
compliance with ORS 337.141 and shall involve parents and
citizens in the process.
(2) The district school board shall cause the { - books - }
{ + textbooks + } or other instructional materials, according
to titles, that are included on the list adopted under subsection
(1) of this section to be used in its schools at the beginning of
the next school year following the state adoption under ORS
337.141, except when, pursuant to rules of the State Board of
Education, the district school board is authorized by the
Superintendent of Public Instruction to postpone use for a
reasonable period of time.
{ + (3) District school boards shall establish a process and
timeline for regularly determining whether textbooks and
instructional materials on the list adopted under subsection (1)
of this section are available through online resources that
enable students with print disabilities to receive textbooks and
instructional materials free of charge. + }
SECTION 6. ORS 338.115, as amended by section 9, chapter 92,
Oregon Laws 2012, is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(k) ORS 337.150 (textbooks);
(L) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(m) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(n) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(o) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
abuse and sexual conduct and training on prevention and
identification of abuse and sexual conduct);
(p) ORS chapter 657 (Employment Department Law);
(q) ORS 659.850, 659.855 and 659.860 (discrimination);
(r) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(s) Health and safety statutes and rules;
(t) Any statute or rule that is listed in the charter;
(u) ORS 339.119 (consideration for educational services);
{ - and - }
{ + (v) Section 1 of this 2013 Act (use of personal
electronic devices); and + }
{ - (v) - } { + (w) + } This chapter.
Enrolled House Bill 2426 (HB 2426-A) Page 3
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5)(a) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, public university listed in ORS 352.002, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 7. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, section 3, chapter 53,
Oregon Laws 2010, section 3, chapter 94, Oregon Laws 2011,
Enrolled House Bill 2426 (HB 2426-A) Page 4
section 118, chapter 637, Oregon Laws 2011, section 5, chapter
682, Oregon Laws 2011, and section 10, chapter 92, Oregon Laws
2012, is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) ORS 329.496 (physical education);
(k) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(L) ORS 337.150 (textbooks);
(m) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(n) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(o) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(p) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
abuse and sexual conduct and training on prevention and
identification of abuse and sexual conduct);
(q) ORS chapter 657 (Employment Department Law);
(r) ORS 659.850, 659.855 and 659.860 (discrimination);
(s) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(t) Health and safety statutes and rules;
(u) Any statute or rule that is listed in the charter;
(v) ORS 339.119 (consideration for educational services);
{ - and - }
{ + (w) Section 1 of this 2013 Act (use of personal
electronic devices); and + }
{ - (w) - } { + (x) + } This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5)(a) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
Enrolled House Bill 2426 (HB 2426-A) Page 5
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, public university listed in ORS 352.002, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 8. ORS 338.025 is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to { - (u) - } { + (v) + }, 338.120,
338.125 (4), 338.135 (2)(b) or 339.122.
SECTION 9. ORS 338.025, as amended by section 8, chapter 839,
Oregon Laws 2007, section 14, chapter 50, Oregon Laws 2008,
section 5, chapter 53, Oregon Laws 2010, section 4, chapter 72,
Oregon Laws 2010, section 5, chapter 94, Oregon Laws 2011,
section 4, chapter 649, Oregon Laws 2011, and section 27, chapter
718, Oregon Laws 2011, is amended to read:
Enrolled House Bill 2426 (HB 2426-A) Page 6
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to { - (v) - } { + (w) + }, 338.120,
338.125 (4), 338.135 (2)(b) or 339.122.
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Passed by House April 16, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 2, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2426 (HB 2426-A) Page 7
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 2426 (HB 2426-A) Page 8
