Bill Text: OR HB2881 | 2013 | Regular Session | Introduced
Bill Title: Relating to underperforming schools.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2881 Detail]
Download: Oregon-2013-HB2881-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 1214
House Bill 2881
Sponsored by Representative PARRISH; Senator OLSEN
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.
Allows parents to submit petition to school district board to
transform school that is in bottom 20 percent of schools of
state. Provides process and requirements for transformation.
A BILL FOR AN ACT
Relating to underperforming schools.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) If a school is in the bottom 20 percent of
the schools of the state, as identified under rules adopted by
the State Board of Education, the parents of the students of the
school may:
(a) Submit an application to convert the school into a charter
school as provided by ORS chapter 338;
(b) Submit a petition to the school district board to transform
the school by using the turnaround model described in section 2
of this 2013 Act;
(c) Submit a petition to the school district board to transform
the school by using the restart model described in section 3 of
this 2013 Act;
(d) Submit a petition to the school district board to transform
the school by using the transformation model described in section
4 of this 2013 Act; or
(e) Submit a petition to the school district board to close the
school.
(2) A school district board that receives a petition described
in subsection (1) of this section shall notify the Department of
Education within 10 days of receiving the petition.
(3)(a) The school district board shall review a petition
submitted as provided by subsection (1) of this section if:
(A) The parents representing at least 51 percent of the
students attending the school sign the petition; or
(B) The parents representing at least 51 percent of the
students who attend an elementary school that will matriculate to
a middle school or attend a middle school that will matriculate
to a high school sign the petition.
(b) For the purpose of counting signatures under this
subsection, each parent may sign the petition once for each child
in the school.
(4) A petition described in subsection (1) of this section may
not be submitted until the requirements of subsection (3) of this
section are satisfied.
(5)(a) A school district board shall have 45 days to review and
verify signatures submitted on a petition. Signatures shall be
verified by comparing signatures to existing files for parents. A
school district board may contact a parent about a signature only
in the case of a perceived discrepancy.
(b) If enough discrepancies exist to cause the requirements of
subsection (3) of this section to not be met, the school district
board shall allow the parents an additional 30 days to resolve
discrepancies or to collect additional signatures.
(6)(a) A school district board shall make a decision on a
petition no later than 30 days after completing the review and
verification of the signatures as provided by subsection (5) of
this section.
(b) A school district board may decide to not approve a
petition only by:
(A) Making a written finding that describes why granting the
petition is logistically impossible or why the petition was
submitted for reasons other than improving academic achievement
or student safety; and
(B) Presenting the written finding at a public hearing.
(c) If the school district board approves the petition, the
board shall implement the plan requested in the petition:
(A) Within 180 days after the petition is received; or
(B) By the first day of the following school year, if the
petition is received after March 1.
(d) If the school district board does not approve the petition:
(A) The board shall implement one of the other options
described in subsection (1) of this section upon a finding that
the option has substantial promise of enabling the school to made
adequate student achievement growth consistent with state
standards;
(B) The option chosen by the board shall be implemented within
the time frame provided by paragraph (c) of this subsection; and
(C) The parents shall have the right to request the State Board
of Education to review the decision and to enter an order
granting the petition if the board finds that granting the
petition is logistically possible or that the petition was
submitted to improve academic achievement or student safety.
(7) Subsection (1) of this section does not apply to a school
that the school district board has scheduled to close.
(8) Students of a school that is the subject of a petition
described in this section shall be eligible to continue to attend
the school, unless the school is closed.
(9) If a school is transformed as provided by section 2, 3 or 4
of this 2013 Act, another petition may not be filed under this
section until two years after the initial transformation was
initiated. + }
SECTION 2. { + (1) If the parents of the students of a school
submit a petition to the school district board for a turnaround
model, the school district where the school is located shall:
(a) Replace the principal and grant the new principal
sufficient operational flexibility to implement a fully
comprehensive approach to substantially improve student
achievement outcomes and increase high school graduation rates.
The operational flexibility may include staffing, calendars and
school time, and budgeting.
(b) Use evaluations adopted by the school district board to
measure the effectiveness of staff to meet the needs of students.
To fulfill this purpose, the school district shall:
(A) Screen all existing staff and allow the rehiring of no more
than 50 percent of the staff; and
(B) Select new staff.
(c) Implement strategies that are designed to recruit, place
and retain staff with the skills necessary to meet the needs of
the students in the school. The strategies may include financial
incentives, increased opportunities for promotion and career
growth, and more flexible work conditions.
(d) Provide staff with ongoing, high quality, job-embedded
professional development that:
(A) Is aligned with the comprehensive instructional program
developed for the school; and
(B) Is designed with school staff to ensure that staff are
equipped to facilitate effective teaching and learning and have
the capacity to successfully implement school reform strategies.
(e) Adopt a new governance structure. The governance structure
may require the school to regularly report to the school district
board or the Department of Education, hire an individual who
reports directly to the superintendent of the school district, or
enter into a multiyear contract with the Department of Education
to obtain added flexibility from state law in exchange for
greater accountability from the school.
(f) Use data to identify and implement an instructional program
that is research-based and that is aligned from one grade to the
next and aligned with state academic standards.
(g) Promote the continuous use of student data to inform and
differentiate instruction in order to meet the academic needs of
individual students. The student data may include formative,
interim and summative assessments.
(h) Establish schedules and implement strategies that provide
increased learning time.
(i) Provide appropriate social, emotional and community
oriented services and supports for students.
(2) If the parents of the students of a school submit a
petition to the school district board for a turnaround model, the
school district where the school is located may implement
strategies in addition to the strategies described in subsection
(1) of this section, including any of the strategies described
under the transformation model described in section 4 of this
2013 Act. + }
SECTION 3. { + (1) If the parents of the students of a school
submit a petition to the school district board for a restart
model, the school district board shall:
(a) Request applicants to submit a proposal to convert the
school to a public charter school governed by ORS chapter 338; or
(b) Request the entity designated by the parents on the
petition to submit a proposal to convert the school to a public
charter school governed by ORS chapter 338.
(2) If applicants are requested to submit a proposal to convert
the school to a public charter school, as provided by subsection
(1) of this section, the parents of the students of the school
shall select the proposal that the parents want the school
district board to evaluate.
(3) A school district board shall evaluate a proposal submitted
under this section in the same manner that the school district
board would evaluate a proposal under ORS 338.055.
(4) A school that is converted into a public charter school as
provided by this section must enroll, within the grades the
school serves, any former students who wish to attend the public
charter school. + }
SECTION 4. { + (1) If the parents of the students of a school
submit a petition to the school district board for a
transformation model, the school district where the school is
located shall:
(a) Develop and increase teacher and administrator
effectiveness, as described in subsection (2) of this section;
(b) Implement comprehensive instruction reform, as described in
subsection (3) of this section;
(c) Increase learning time and create community oriented
schools, as described in subsection (4) of this section; and
(d) Provide operational flexibility and sustained support, as
described in subsection (5) of this section.
(2)(a) To develop and increase teacher and administrator
effectiveness, the school district shall:
(A) Replace the principal.
(B) Use rigorous, transparent and equitable evaluations for
teachers and principals that:
(i) Consider data on student growth to be a significant factor;
(ii) May consider other factors, including multiple
observation-based assessments of performance and ongoing
collections of professional practices that are reflective of
student achievement and increased high school graduation rates;
and
(iii) Are designed and developed with teacher and principal
involvement.
(C) Identify and reward administrators, teachers and other
staff who have increased student achievement and high school
graduation rates.
(D) Identify and remove administrators, teachers and other
staff who, after ample opportunities have been provided, have not
been able to increase student achievement and high school
graduation rates.
(E) Implement strategies that are designed to recruit, place
and retain staff with the skills necessary to meet the needs of
the students in the school. The strategies may include financial
incentives, increased opportunities for promotion and career
growth, and more flexible work conditions.
(F) Provide staff with ongoing, high quality, job-embedded
professional development that:
(i) Is aligned with the comprehensive instructional program
developed for the school; and
(ii) Is designed with school staff to ensure that staff are
equipped to facilitate effective teaching and learning and have
the capacity to successfully implement school reform strategies.
(b) To develop and increase teacher and administrator
effectiveness, the school district may:
(A) Provide additional compensation to attract and retain staff
with the skills necessary to meet the needs of the students in
the school;
(B) Institute a system for measuring changes in instructional
practices resulting from professional development; and
(C) Ensure that the school is not required to accept a teacher
without the mutual consent of the teacher and principal,
regardless of the teacher's seniority.
(3)(a) To implement comprehensive instruction reform, the
school district shall:
(A) Use data to identify and implement an instructional program
that is research-based and aligned from one grade to the next and
aligned with state academic standards; and
(B) Promote the continuous use of student data to inform and
differentiate instruction in order to meet the academic needs of
individual students. The student data may include formative,
interim and summative assessments.
(b) To implement comprehensive instruction reform, the school
district may:
(A) Conduct periodic reviews to ensure that the curriculum is
being implemented with fidelity, is having the intended impact on
student achievement and is modified if ineffective;
(B) Implement a schoolwide model for responding and intervening
if a student is having difficulty learning;
(C) Provide additional supports and professional development to
teachers and principals in order to implement effective
strategies to support students with disabilities in the least
restrictive environment and to ensure that students with limited
English proficiency acquire language skills sufficient to master
academic content;
(D) Use and integrate technology-based supports and
interventions as part of the instructional program;
(E) For secondary schools, increase rigor by offering
opportunities for students to enroll in advanced coursework that
prepares students for college and careers and providing
appropriate supports designed to ensure that low achieving
students can take advantage of the advanced coursework;
(F) Improve student transitions from middle school to high
school through summer transition programs or freshman academies;
(G) Increase graduation rates through credit recovery programs,
reengagement strategies, small learning communities,
competency-based instruction and performance-based assessments
and acceleration of basic reading and mathematics skills; and
(H) Establish early warning systems to identify students who
may be at risk of failing to achieve high standards or to
graduate.
(4)(a) To increase learning time and create community oriented
schools, the school district shall:
(A) Establish schedules and implement strategies that provide
increased learning time; and
(B) Provide ongoing mechanisms for family and community
engagement.
(b) To increase learning time and create community oriented
schools, the school district may:
(A) Partner with parents, parent organizations, community-based
organizations and state and local agencies to create safe school
environments that meet the social, emotional and health needs of
students;
(B) Extend or restructure the school day to add time for
advisory periods and other activities that build relationships
between students, faculty and other school staff;
(C) Implement approaches to improve the school environment and
discipline at the school; and
(D) Expand the school program to offer prekindergarten.
(5)(a) To provide operational flexibility and sustained
support, the school district shall:
(A) Give the school sufficient operational flexibility to fully
implement a comprehensive approach to substantially improve
student achievement outcomes and increase high school graduation
rates; and
(B) Ensure that the school receives ongoing, intensive
technical assistance and related support from the school district
board, the Department of Education and any other entity.
(b) To provide operational flexibility and sustained support,
the school district may allow the school to operate under a new
governance arrangement. + }
SECTION 5. { + (1) The State Board of Education shall adopt
rules required for the implementation of sections 1 to 4 of this
2013 Act, including:
(a) The petition format and submission process.
(b) The appeals procedure.
(2) The Department of Education shall maintain records
regarding the contents of and outcomes from parental petitions in
order to ensure appropriate implementation of sections 1 to 4 of
this 2013 Act. + }
----------
