Bill Text: OR HB3031 | 2011 | Regular Session | Introduced
Bill Title: Relating to public school innovation plans; declaring an emergency.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3031 Detail]
Download: Oregon-2011-HB3031-Introduced.html
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 2431
House Bill 3031
Sponsored by Representative HUFFMAN; Representatives WHISNANT,
WINGARD
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 public school to create innovation plan or group of
public schools to create group innovation plan. Establishes
process by which plan is approved.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public school innovation plans; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 12 of this 2011 Act:
(1) 'District school board' has the meaning given that term in
ORS 332.002.
(2) 'Group innovation plan' means a plan described in section 3
of this 2011 Act that is approved by a group of public schools in
a school district.
(3) 'Innovation plan' means a plan described in section 2 of
this 2011 Act that is approved by a public school.
(4) 'School district' has the meaning given that term in ORS
332.002.
(5) 'Teacher' has the meaning given that term in ORS
329.007. + }
SECTION 2. { + A public school may create an innovation plan.
An innovation plan must meet the standards described in section 7
(1)(b) of this 2011 Act. For the purpose of showing that the plan
meets the standards, the plan must include the following:
(1) A statement of the school's mission and how the innovation
plan will enhance the school's ability to achieve its mission.
(2) A description of the innovations the school will implement,
which may include, but need not be limited to, innovations
related to:
(a) School staffing;
(b) Curriculum, teaching methods and student assessment;
(c) Class scheduling and use of time;
(d) Use of financial and other resources;
(e) Teacher recruitment, employment, evaluation and
professional development; and
(f) Strategies to engage parents in students' learning.
(3) A list of the programs, policies and operational documents
of the school that will be affected by the innovation plan and a
description of the manner in which the programs, policies and
operational documents will be affected by the plan. The
programs, policies and operational documents that an innovation
plan affects may include, but need not be limited to:
(a) The education program of the school;
(b) The length of the school day or school year at the school;
(c) The student advancement and graduation policies of the
school;
(d) The school's assessment plan for students;
(e) The budget for the school; and
(f) The staffing plan for the school.
(4) A list of the improvements in academic performance that the
school expects to achieve by implementing the innovation plan and
a description of the means through which the school will measure
improvements in academic performance.
(5) An explanation of the governance structure of the school.
(6) A description of the efforts made by the school to create
the innovation plan by involving persons employed at the school,
students enrolled in the school, parents of students enrolled in
the school and members of the community surrounding the school.
(7) A description of any laws, rules or policies that would
need to be waived for the school to implement its innovation
plan.
(8) A description of any provisions of a collective bargaining
agreement that would need to be waived for the school to
implement its innovation plan and the process, as provided by
section 4 of this 2011 Act, by which the provisions would be
waived.
(9) A description of any arrangements necessary for special
education and related services provided to students at the
school.
(10) Any additional information required by the district school
board of the school in which the innovation plan would be
implemented. + }
SECTION 3. { + A group of public schools in a school district
may create a group innovation plan. A group innovation plan may
include all of the public schools in the school district. A group
innovation plan must meet the standards described in section 7
(1)(b) of this 2011 Act. For the purpose of showing that the plan
meets the standards, the plan must include the following:
(1) The information specified in section 2 of this 2011 Act
for:
(a) Each school that would be operating under the group
innovation plan; and
(b) The group of schools that would be operating under the
group innovation plan.
(2) Information demonstrating that operating the schools as a
group will help the schools achieve the goals of the group
innovation plan.
(3) A description of the common interests shared by the
schools, such as geographical location or educational focus, or a
description of how the schools sequentially serve classes of
students as the students progress through elementary and
secondary education. + }
SECTION 4. { + (1) A collective bargaining agreement entered
into by a school district for teachers at the schools of the
school district must allow the teachers of a school operating
under an innovation plan or a group innovation plan to waive
provisions of the collective bargaining agreement if the waiver
is necessary to implement the plan.
(2) A provision of a collective bargaining agreement may be
waived as provided by this section only upon:
(a) An affirmative vote by a majority of the members of the
bargaining unit who are covered by the collective bargaining
agreement and who are employed at the school operating under an
innovation plan; or
(b) An affirmative vote by a majority of the members of the
bargaining unit at each school who are covered by the collective
bargaining agreement and who are employed at a school operating
under a group innovation plan. + }
SECTION 5. { + The collective bargaining agreement waiver
requirements described in section 4 of this 2011 Act apply to
collective bargaining agreements entered into on or after the
effective date of this 2011 Act. + }
SECTION 6. { + (1) A public school may submit an innovation
plan to the district school board of the school if:
(a) A majority of the teachers of the school approves the
innovation plan by secret ballot; and
(b) The principal of the school approves the innovation plan.
(2) A group of public schools in a school district may submit a
group innovation plan to the district school board of the schools
if:
(a) A majority of the teachers at each school in the group
approves the group innovation plan by secret ballot; and
(b) The principal of each school in the group approves the
group innovation plan.
(3) A district school board may collaborate with the public
schools in the school district to create one or more innovation
plans or one or more group innovation plans. In creating an
innovation plan or a group innovation plan, the board must ensure
that each school that would be affected by the plan has the
opportunity to participate in the creation of the plan. + }
SECTION 7. { + (1) A district school board shall:
(a) Approve or disapprove an innovation plan or a group
innovation plan within 60 days after receiving the plan.
(b) Approve the plan if, after considering the information
included in the plan under section 2 of this 2011 Act and, for a
group innovation plan, section 3 of this 2011 Act, the board
finds that the following standards have been met:
(A) The plan tailors services effectively and efficiently to
meet the needs of the students to be served;
(B) The plan is likely to improve student performance through
greater school autonomy and managerial flexibility; and
(C) The school or schools operating under the plan will be able
to carry out the plan.
(2) If the district school board disapproves the plan, the
board must provide to the school or group of schools that
submitted the plan a written explanation of the basis for the
disapproval.
(3) At any time after disapproval, a school or group of schools
may resubmit an amended innovation plan or amended group
innovation plan to the district school board.
(4) A school or group of schools may, by joint agreement with
the district school board, amend an innovation plan or a group
innovation plan. + }
SECTION 8. { + (1) An innovation plan or a group innovation
plan is in effect for a period of three years and may be renewed
upon the approval of the district school board using the process
established under sections 6 and 7 of this 2011 Act.
(2) Renewals of an innovation plan or a group innovation plan
are for three years. + }
SECTION 9. { + (1) During the term of an innovation plan or a
group innovation plan:
(a) A school or group of schools, by a majority vote of the
teachers at each school and the approval of the principal at each
school, may terminate the plan for any reason at the end of a
school year.
(b) The district school board may terminate the plan at the end
of a semester on any of the following grounds:
(A) Failure to meet the terms of the plan.
(B) Failure to meet the requirements for student performance
stated in the plan.
(C) Failure to correct a violation of a federal or state law.
(2) The district school board shall notify the school or group
of schools at least 60 days prior to the date of a proposed
termination. The notice shall state the grounds for the
termination. + }
SECTION 10. { + The State Board of Education:
(1) Shall adopt the rules necessary to implement sections 1 to
12 of this 2011 Act.
(2) May adopt rules that waive provisions of section 2 or 3 of
this 2011 Act if the provisions prevent a school operating under
an innovation plan or a group innovation plan from:
(a) Providing services effectively and efficiently to meet the
needs of the students to be served; or
(b) Improving student performance through greater school
autonomy and managerial flexibility. + }
SECTION 11. { + An innovation plan or a group innovation plan
may not include a waiver of the following laws:
(1) Federal law;
(2) ORS 192.410 to 192.505 (public records law);
(3) ORS 192.610 to 192.690 (public meetings law);
(4) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(5) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(6) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(7) ORS 659.850, 659.855 and 659.860 (discrimination);
(8) ORS 30.260 to 30.300 (tort claims);
(9) Health and safety statutes and rules;
(10) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(11) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
child abuse and training on prevention and identification of
child abuse);
(12) ORS 243.305 (affirmative action);
(13) ORS 243.325, 243.330 and 243.335 (leaves of absence for
athletic competition);
(14) Except as provided in section 4 of this 2011 Act, ORS
243.650 to 243.782 (collective bargaining);
(15) ORS 243.860 to 243.886 (Oregon Educators Benefit Board);
(16) ORS chapter 238 (Public Employees Retirement System);
(17) ORS chapter 238A (Oregon Public Service Retirement Plan);
(18) ORS chapter 657 (Employment Department Law); and
(19) Sections 1 to 12 of this 2011 Act. + }
SECTION 12. { + (1) A school operating under an innovation
plan or a group of schools operating under a group innovation
plan must report to the district school board of the school or
schools at least annually on the performance of:
(a) The students of the school or group of schools; and
(b) The school or group of schools.
(2) The report required by this section must contain the
information necessary to permit the district school board to
determine compliance with the requirements of sections 1 to 12 of
this 2011 Act.
(3) A school operating under an innovation plan or a group of
schools operating under a group innovation plan must have an
annual audit of the accounts of the school or group of schools
prepared in accordance with ORS 297.405 to 297.555 and 297.990.
The annual audit must be forwarded to the district school board
and the State Board of Education.
(4) Before January of each odd-numbered year, the State Board
of Education shall submit a report to the Legislative Assembly
on:
(a) The innovations and improvements in academic performance
that were achieved through sections 1 to 12 of this 2011 Act; and
(b) Recommendations for statutory changes necessary to
facilitate innovations and improvements in academic performance
under sections 1 to 12 of this 2011 Act. + }
SECTION 13. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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