Bill Text: OR HB3230 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the Oregon Education Investment Board; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3230 Detail]

Download: Oregon-2013-HB3230-Introduced.html

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     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 3635

                         House Bill 3230

Sponsored by 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.

  Clarifies duties and powers of Oregon Education Investment
Board and Chief Education Officer.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the Oregon Education Investment Board; creating new
  provisions; amending sections 1, 2 and 10, chapter 519, Oregon
  Laws 2011; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 1, chapter 519, Oregon Laws 2011, as amended
by section 8, chapter 519, Oregon Laws 2011, and section 20,
chapter 36, Oregon Laws 2012, is amended to read:
   { +  Sec. 1. + } (1) The Oregon Education Investment Board is
established { + . The Chief Education Officer shall serve as the
administrative officer of the board.
  (2) The purpose of the board is to ensure + }   { - for the
purpose of ensuring - }  that all public school students in this
state reach the education outcomes established for the state. The
board shall accomplish this goal by overseeing a unified public
education system that begins with early childhood services and
continues throughout public education from kindergarten to
post-secondary education.
   { +  (3) The board shall oversee:
  (a) The Early Learning Council established by section 4,
chapter 519, Oregon Laws 2011; and
  (b) The Higher Education Coordinating Commission established by
ORS 351.715. + }
    { - (2)(a) The board consists of 13 members as follows: - }
    { - (A) The Governor, or the designee of the Governor;
and - }
    { - (B) Twelve members who are appointed by the Governor,
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565, and who serve at the pleasure of the
Governor. - }
    { - (b) When determining who to appoint to the board, the
Governor shall: - }
    { - (A) Ensure that each congressional district of this state
is represented by at least one member of the board; and - }
    { - (B) Solicit recommendations from the Speaker of the House
of Representatives for at least two members and from the
President of the Senate for at least two members. - }
    { - (3) The Governor, or the Governor's designee, shall serve
as chairperson of the Oregon Education Investment Board. - }
    { - (4) The duties of the board include: - }
    { - (a) Ensuring that early childhood services are
streamlined and connected to public education from kindergarten
through grade 12 and that public education from kindergarten
through grade 12 is streamlined and connected to post-secondary
education. To assist the board in fulfilling this duty, the board
shall oversee: - }
    { - (A) The Early Learning Council established by section 4,
chapter 519, Oregon Laws 2011. - }
    { - (B) The Higher Education Coordinating Commission
established by ORS 351.715. - }
    { - (b) Recommending strategic investments in order to ensure
that the public education budget is integrated and is targeted to
achieve the education outcomes established for the state. - }
    { - (c) Providing an integrated, statewide, student-based
data system that monitors expenditures and outcomes to determine
the return on statewide education investments. The board shall
provide the data system described in this paragraph by: - }
    { - (A) Developing the data system or identifying or
modifying an existing data system that accomplishes the goals of
the data system; and - }
    { - (B) Ensuring that the data system is maintained. - }
    { - (d) Entering into achievement compacts and administering
sections 14, 15 and 18 of this 2012 Act. - }
    { - (e) Working with the Quality Education Commission to
identify best practices for school districts and the costs and
benefits of the adoption of those best practices by school
districts. - }
    { - (5) An appointed member of the board is entitled to
compensation and expenses as provided in ORS 292.495. - }
    { - (6) A majority of the members of the board constitutes a
quorum for the transaction of business. - }
    { - (7) The board shall meet at such times and places
specified by the call of the chairperson or of a majority of the
members of the board. - }
    { - (8) In accordance with applicable provisions of ORS
chapter 183, the board may adopt rules necessary for the
administration of the laws that the board is charged with
administering, including any rules necessary for the oversight of
the direction and control of the Higher Education Coordinating
Commission. - }
  SECTION 2. Section 1, chapter 519, Oregon Laws 2011, as amended
by section 8, chapter 519, Oregon Laws 2011, and sections 20 and
21, chapter 36, Oregon Laws 2012, is amended to read:
   { +  Sec. 1. + } (1) The Oregon Education Investment Board is
established { + . The Chief Education Officer shall serve as the
administrative officer of the board.
  (2) The purpose of the board is to ensure + }   { - for the
purpose of ensuring - }  that all public school students in this
state reach the education outcomes established for the state. The
board shall accomplish this goal by overseeing a unified public
education system that begins with early childhood services and
continues throughout public education from kindergarten to
post-secondary education.
   { +  (3) The board shall oversee:
  (a) The Early Learning Council established by section 4,
chapter 519, Oregon Laws 2011; and
  (b) The Higher Education Coordinating Commission established by
ORS 351.715. + }
    { - (2)(a) The board consists of 13 members as follows: - }
    { - (A) The Governor, or the designee of the Governor;
and - }
    { - (B) Twelve members who are appointed by the Governor,
subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565, and who serve at the pleasure of the
Governor. - }
    { - (b) When determining who to appoint to the board, the
Governor shall: - }
    { - (A) Ensure that each congressional district of this state
is represented by at least one member of the board; and - }
    { - (B) Solicit recommendations from the Speaker of the House
of Representatives for at least two members and from the
President of the Senate for at least two members. - }
    { - (3) The Governor, or the Governor's designee, shall serve
as chairperson of the Oregon Education Investment Board. - }
    { - (4) The duties of the board include: - }
    { - (a) Ensuring that early childhood services are
streamlined and connected to public education from kindergarten
through grade 12 and that public education from kindergarten
through grade 12 is streamlined and connected to post-secondary
education. To assist the board in fulfilling this duty, the board
shall oversee: - }
    { - (A) The Early Learning Council established by section 4,
chapter 519, Oregon Laws 2011. - }
    { - (B) The Higher Education Coordinating Commission
established by ORS 351.715. - }
    { - (b) Recommending strategic investments in order to ensure
that the public education budget is integrated and is targeted to
achieve the education outcomes established for the state. - }
    { - (c) Providing an integrated, statewide, student-based
data system that monitors expenditures and outcomes to determine
the return on statewide education investments. The board shall
provide the data system described in this paragraph by: - }
    { - (A) Developing the data system or identifying or
modifying an existing data system that accomplishes the goals of
the data system; and - }
    { - (B) Ensuring that the data system is maintained. - }
    { - (d) Working with the Quality Education Commission to
identify best practices for school districts and the costs and
benefits of the adoption of those best practices by school
districts. - }
    { - (5) An appointed member of the board is entitled to
compensation and expenses as provided in ORS 292.495. - }
    { - (6) A majority of the members of the board constitutes a
quorum for the transaction of business. - }
    { - (7) The board shall meet at such times and places
specified by the call of the chairperson or of a majority of the
members of the board. - }
    { - (8) In accordance with applicable provisions of ORS
chapter 183, the board may adopt rules necessary for the
administration of the laws that the board is charged with
administering, including any rules necessary for the oversight of
the direction and control of the Higher Education Coordinating
Commission. - }
  SECTION 3.  { + (1) The Oregon Education Investment Board
consists of 13 members as follows:
  (a) The Governor, or the designee of the Governor; and
  (b) Twelve members who are appointed by the Governor.
  (2) When determining who to appoint to the board, the Governor
shall:
  (a) Ensure that each congressional district of this state is
represented by at least one member of the board; and
  (b) Solicit recommendations from the Speaker of the House of
Representatives for at least two members and from the President
of the Senate for at least two members.
  (3) Appointed members serve four-year terms, but a member
serves at the pleasure of the Governor. Before the expiration of
the term of an appointed member, the Governor shall appoint a
successor whose term begins on July 1 next following. An
appointed member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
  (4) The appointment of members to the board is subject to
confirmation by the Senate in the manner provided in ORS 171.562
and 171.565.
  (5) An appointed member of the board is entitled to
compensation and expenses as provided in ORS 292.495. + }
  SECTION 4.  { + The duties of the Oregon Education Investment
Board include:
  (1) Ensuring that early childhood services are streamlined and
connected to public education from kindergarten through grade 12
and that public education from kindergarten through grade 12 is
streamlined and connected to post-secondary education. To assist
the board in fulfilling this duty, the board shall oversee:
  (a) The Early Learning Council established by section 4,
chapter 519, Oregon Laws 2011.
  (b) The Higher Education Coordinating Commission established by
ORS 351.715.
  (2) Recommending strategic investments in order to ensure that
the public education budget is integrated and is targeted to
achieve the education outcomes established for the state.
  (3) Providing an integrated, statewide, student-based data
system that monitors expenditures and outcomes to determine the
return on statewide education investments. The board shall
provide the data system described in this subsection by:
  (a) Developing the data system or identifying or modifying an
existing data system that accomplishes the goals of the data
system; and
  (b) Ensuring that the data system is maintained.
  (4) Entering into achievement compacts and administering
sections 14, 15 and 18, chapter 36, Oregon Laws 2012.
  (5) Working with the Quality Education Commission to identify
best practices for school districts and the costs and benefits of
the adoption of those best practices by school districts. + }
  SECTION 5. Section 4 of this 2013 Act is amended to read:
   { +  Sec. 4. + } The duties of the Oregon Education Investment
Board include:
  (1) Ensuring that early childhood services are streamlined and
connected to public education from kindergarten through grade 12
and that public education from kindergarten through grade 12 is
streamlined and connected to post-secondary education. To assist
the board in fulfilling this duty, the board shall oversee:
  (a) The Early Learning Council established by section 4,
chapter 519, Oregon Laws 2011.
  (b) The Higher Education Coordinating Commission established by
ORS 351.715.
  (2) Recommending strategic investments in order to ensure that
the public education budget is integrated and is targeted to
achieve the education outcomes established for the state.
  (3) Providing an integrated, statewide, student-based data
system that monitors expenditures and outcomes to determine the
return on statewide education investments. The board shall
provide the data system described in this subsection by:
  (a) Developing the data system or identifying or modifying an
existing data system that accomplishes the goals of the data
system; and
  (b) Ensuring that the data system is maintained.
    { - (4) Entering into achievement compacts and administering
sections 14, 15 and 18, chapter 36, Oregon Laws 2012. - }
    { - (5) - }   { + (4) + } Working with the Quality Education
Commission to identify best practices for school districts and
the costs and benefits of the adoption of those best practices by
school districts.
  SECTION 6.  { + The amendments to section 4 of this 2013 Act by
section 5 of this 2013 Act become operative July 1, 2015. + }

  SECTION 7.  { + (1) The Governor, or the Governor's designee,
shall serve as chairperson of the Oregon Education Investment
Board.
  (2) A majority of the members of the board constitutes a quorum
for the transaction of business.
  (3) The board shall meet at such times and places specified by
the call of the chairperson or of a majority of the members of
the board. + }
  SECTION 8.  { + In accordance with applicable provisions of ORS
chapter 183, the Oregon Education Investment Board may adopt
rules necessary for the administration of the laws that the board
is charged with administering, including any rules necessary for
the oversight of the direction and control of the Higher
Education Coordinating Commission. + }
  SECTION 9.  { + (1) The Oregon Education Investment Board may
establish such advisory and technical committees as it considers
necessary to aid and advise the board in the performance of its
functions. These committees may be continuing or temporary
committees. The board shall determine the representation,
membership, terms and organization of the committees and shall
appoint their members.
  (2) Members of the committees are not entitled to compensation,
but at the discretion of the board may be reimbursed from funds
available to the board for actual and necessary travel and other
expenses incurred by them in the performance of their official
duties in the manner and amount provided in ORS 292.495. + }
  SECTION 10.  { + The Oregon Education Investment Board may
delegate any of the duties listed in section 4 of this 2013 Act
to the Chief Education Officer. + }
  SECTION 11. Section 2, chapter 519, Oregon Laws 2011, as
amended by section 1, chapter 36, Oregon Laws 2012, is amended to
read:
   { +  Sec. 2. + } (1) The Oregon Education Investment Board
established by section 1, chapter 519, Oregon Laws 2011, shall
appoint a Chief Education Officer who shall serve at the pleasure
of the board.  { +  The Chief Education Officer shall be
responsible for the performance of the duties, functions and
powers of the board. + }
  (2) The Chief Education Officer shall be a person who, by
training and experience, is well qualified to:
  (a) Perform the duties of the office, as determined by the
board; and
  (b) Assist in carrying out the functions of the board, as
described in   { - section 1, chapter 519, Oregon Laws 2011 - }
 { +  section 4 of this 2013 Act + }.
    { - (3)(a) For the purpose of furthering the mission of the
Oregon Education Investment Board to oversee a unified public
education system, the Chief Education Officer shall have
direction and control over the positions identified in paragraph
(b) of this subsection for matters related to the design and
organization of the state's education system, including early
childhood services provided by the state. - }
    { - (b) The positions over which the Chief Education Officer
shall have direction and control are: - }
    { - (A) The Commissioner for Community College Services. - }
    { - (B) The Chancellor of the Oregon University System. - }
    { - (C) The executive director of the Oregon Student Access
Commission. - }
    { - (D) The Early Childhood System Director. - }
    { - (E) The executive director of the Higher Education
Coordinating Commission. - }
    { - (F) The Deputy Superintendent of Public Instruction. - }
    { - (c) The authority of the Chief Education Officer granted
under paragraph (a) of this subsection does not include the
authority to appoint or remove a person from a position
identified in paragraph (b) of this subsection. - }
    { - (d) If a person in a position identified in paragraph (b)
of this subsection is appointed by an entity other than the
Governor, the Governor shall resolve any dispute between the
Chief Education Officer and the appointing authority of the
person. The Governor's decision is final. - }
  SECTION 12.  { + (1) For the purpose of furthering the mission
of the Oregon Education Investment Board to oversee a unified
public education system, the Chief Education Officer shall have
direction and control over the positions identified in subsection
(2) of this section for matters related to the design and
organization of the state's education system, including early
childhood services provided by the state.
  (2) The positions over which the Chief Education Officer shall
have direction and control are:
  (a) The Commissioner for Community College Services.
  (b) The Chancellor of the Oregon University System.
  (c) The executive director of the Oregon Student Access
Commission.
  (d) The Early Childhood System Director.
  (e) The executive director of the Higher Education Coordinating
Commission.
  (f) The Deputy Superintendent of Public Instruction.
  (3) The authority of the Chief Education Officer granted under
subsection (1) of this section does not include the authority to
appoint or remove a person from a position identified in
subsection (2) of this section.
  (4) If a person in a position identified in subsection (2) of
this section is appointed by an entity other than the Governor,
the Governor shall resolve any dispute between the Chief
Education Officer and the appointing authority of the person. The
Governor's decision is final.
  (5) In addition to the positions identified in subsection (2)
of this section and subject to ORS chapter 240, the Chief
Education Officer shall appoint all subordinate officers and
employees, prescribe their duties and fix their compensation. + }
  SECTION 13. Section 10, chapter 519, Oregon Laws 2011, as
amended by section 1, chapter 37, Oregon Laws 2012, is amended to
read:
   { +  Sec. 10. + }  { + (1) + } Sections 1, 2, 3, 5, 6 and 7,
chapter 519, Oregon Laws 2011, are repealed on March 15, 2016.
   { +  (2) Sections 3, 4, 7, 8, 9, 10 and 12 of this 2013 Act
are repealed on March 15, 2016. + }
  SECTION 14.  { + 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 on
its passage. + }
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