Bill Text: OR HB4014 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to education; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-04-11 - Chapter 91, (2012 Laws): Effective date April 11, 2012. [HB4014 Detail]

Download: Oregon-2012-HB4014-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 253

                           B-Engrossed

                         House Bill 4014
                Ordered by the Senate February 28
     Including House Amendments dated February 13 and Senate
                           Amendments
                        dated February 28

Introduced and printed pursuant to House Rule 12.00. 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.

  Abolishes District Best Business Practices Advisory Committee
and authority to conduct best business practices audits.
  Removes requirement that State Board of Education attempt to
mediate resolution between school district board and applicant
for public charter school.
  Allows school districts to adopt or use textbooks or other
instructional materials in place of or in addition to those
adopted by State Board of Education without giving prior notice
to State Board of Education.
  Removes, for district school board, prohibition on requiring
student to attend school throughout entire year.
  Removes requirements related to how elementary and secondary
schools offer special recognition to students.
  Removes requirement for observations of Arbor Week, History of
Oregon Statehood Week and Women in History Week.
  Removes requirement that Department of Education report to
Legislative Assembly on implementation of courses on family life,
human immunodeficiency virus and human sexuality.
  Removes requirement that school districts provide instructional
materials on explicit phonics.
   { +  Prohibits education service district board and board of
directors of pilot education service district from declaring
office of director vacant if director resides in school district
that withdraws from education service district or pilot education
service district except under specific circumstances. Modifies
provision relating to term of office for director serving on
board of directors of specified education service districts.
  Requires children five or six years of age who are enrolled in
public school to maintain regular attendance at public school.
  Requires State Board of Education to encourage increased
learning time.
  Extends deadline for implementing use of model core teaching
standards in annual evaluations of teachers.
  Establishes Task Force on Accountable Schools. Directs task
force to make recommendations to interim committee of Legislative
Assembly. Sunsets on date of convening of 2013 regular session of
Legislative Assembly.
  Delays implementation of statewide assessment system for all
students to July 1, 2013.
  Eliminates provision sunsetting authority of Teacher Standards
and Practices Commission to issue letter of informal reproval to
person licensed, registered or certified by commission. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
  297.210, 327.008, 329.025, 329.045, 334.095, 336.012, 336.179,
  337.120, 337.141, 338.005, 338.075, 339.010 and 339.020 and
  section 12, chapter 828, Oregon Laws 2005, section 5, chapter
  59, Oregon Laws 2010, section 2, chapter 139, Oregon Laws 2011,
  and sections 9 and 11, chapter 609, Oregon Laws 2011; repealing
  ORS 326.131, 326.133, 326.136, 336.015, 336.023, 336.025,
  336.475 and 337.275 and sections 6 and 7, chapter 706, Oregon
  Laws 2009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 297.210 is amended to read:
  297.210. (1)(a) The Secretary of State, as State Auditor, shall
have the accounts and financial affairs of state departments,
boards, commissions, institutions and state-aided institutions
and agencies of the state reviewed or audited as the Secretary of
State considers advisable or necessary.
  (b) The Secretary of State, as State Auditor, may conduct
performance audits of school districts and education service
districts. For audits conducted under this paragraph:
  (A) The Secretary of State shall identify by rule factors and
standards by which the secretary will determine whether to
initiate an audit as authorized under this paragraph or to enter
into a contract with the Department of Education to conduct an
audit as provided by ORS 327.141.
  (B) Prior to initiating an audit, the Secretary of State shall:
  (i) Give notice to the school district or the education service
district of the secretary's intent to initiate the audit; and
  (ii) Provide the school district or the education service
district with the opportunity to provide to the secretary any
information related to the subject of the audit.
  (C) Following the review of any information provided under
subparagraph (B) of this paragraph, the Secretary of State may:
  (i) Decline to proceed with the audit; or
  (ii) Cause the audit to be conducted.
  (D) The Secretary of State may charge a school district or an
education service district for a portion of the costs incurred
for an audit authorized by this paragraph. Amounts charged as
provided by this subparagraph shall be in lieu of any amounts
that may be charged as provided by ORS 297.230.
    { - (c) The Secretary of State, as State Auditor, may conduct
audits of the business practices of school districts and
education service districts pursuant to a contract with the
Department of Education authorized by ORS 326.133. - }
    { - (d) - }   { + (c) + } The Secretary of State, as State
Auditor, may conduct audits of the use of fund transfers from the
state to counties, including but not limited to transfers of
video lottery revenues, state highway funds, cigarette tax
revenues and Oregon Liquor Control Commission funds.
    { - (e) - }   { + (d) + } The Secretary of State may subpoena
witnesses, require the production of books and papers and
rendering of reports in such manner and form as the Secretary of
State requires and may do all things necessary to secure a full
and thorough investigation.
    { - (f) - }   { + (e) + } The Secretary of State shall
report, in writing, to the Governor. The report shall include a
copy of the report on each audit.
    { - (g) - }   { + (f) + } In addition to the report described
in paragraph
  { - (f) - }   { + (e) + } of this subsection, the Secretary of
State shall provide a report to a school district board or the
board of directors of an education service district following an
audit conducted as provided by paragraph (b) of this subsection.
  (2) The Secretary of State may audit or review any institution
or department of the state government at any time the executive
head of the institution or department, for any reason, retires
from the head's office or position. The secretary need not
conduct an audit or review under this subsection if:
  (a) The institution or department has been the subject of an
audit or review of financial controls within the six months
immediately preceding the retirement of the executive head of the
institution or department; or
  (b) The secretary has not received a report within the 12
months immediately preceding the retirement of the executive head
of the institution or department indicating that the executive
head of the institution or department was unable or unwilling to
follow state law, rules, policies or procedures.
  (3) The Secretary of State shall employ auditors upon such
terms and for such compensation as the Secretary of State
determines are advantageous and advisable.
  (4) If a person fails to comply with any subpoena issued under
subsection (1) of this section, a judge of the circuit court of
any county, on application of the Secretary of State, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the
circuit court.
  SECTION 2. ORS 327.008, as operative until June 30, 2012, is
amended to read:
  327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 327.355, 327.357, 327.360, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533 and 343.961.
  (2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
  (3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
  (4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
  (5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
  (6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
  (7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
  (8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
  (9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
  (10) Each fiscal year, the Department of Education shall
transfer the amount of $2.5 million from the State School Fund to
the Small School District Supplement Fund established in ORS
327.360.
  (11) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
    { - (12) Each biennium, the Department of Education may
expend up to $800,000 from the State School Fund for the
administration of ORS 326.133 and 326.136. - }
    { - (13) - }   { + (12) + } Each biennium, the Department of
Education may expend up to $350,000 from the State School Fund to
provide administration of and support for the development of
talented and gifted education under ORS 343.404.
    { - (14) - }   { + (13) + } Each biennium, the Department of
Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology
assistants under ORS 348.394 to 348.406.
  SECTION 3. ORS 327.008 is amended to read:
  327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 336.575, 336.580, 336.635, 342.173, 343.243,
343.533 and 343.961.
  (2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
  (3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
  (4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
  (5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
  (6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
  (7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
  (8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
  (9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
  (10) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
    { - (11) Each biennium, the Department of Education may
expend up to $800,000 from the State School Fund for the
administration of ORS 326.133 and 326.136. - }
    { - (12) - }   { + (11) + } Each biennium, the Department of
Education may expend up to $350,000 from the State School Fund to
provide administration of and support for the development of
talented and gifted education under ORS 343.404.
    { - (13) - }   { + (12) + } Each biennium, the Department of
Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology
assistants under ORS 348.394 to 348.406.
  SECTION 4. ORS 338.075 is amended to read:
  338.075. (1) If a school district board does not approve a
proposal to start a public charter school pursuant to ORS
338.055, the applicant may:
  (a) Request that the State Board of Education review the
decision of the school district board; or
  (b) Submit a proposal to an institution of higher education.
  (2) Upon receipt of a request for review, the State Board of
Education:
    { - (a) Shall attempt to mediate a resolution between the
applicant and the school district board. - }
    { - (b) - }   { + (a) + } May recommend to the applicant and
school district board revisions to the proposal.
    { - (c) - }   { + (b) + } If the school district board does
not accept the revisions to the proposal and the applicant agrees
to the sponsorship, may become the sponsor of the public charter
school.
  (3) Upon receipt of a request for review, in addition to
actions described in subsection (2) of this section and at any
time during the review process, the State Board of Education may
reject a proposal to start a public charter school if the school
fails to meet the requirements of this chapter.
  (4) An applicant may seek judicial review of an order of the
State Board of Education pursuant to ORS 183.484. If the court
finds that the decision of the State Board of Education is not
supported by substantial evidence in the record, the court shall
enter a judgment directing the State Board of Education to
sponsor the public charter school.
  (5)(a) An applicant seeking sponsorship by an institution of
higher education may submit to the institution of higher
education the same proposal that was submitted to the school
district board under ORS 338.045 or a proposal that is modified
to take into consideration the characteristics of the institution
of higher education evaluating the proposal under this
subsection.
  (b) Upon receipt of a proposal, an institution of higher
education may evaluate the proposal. The institution of higher
education shall:
  (A) Approve or disapprove the proposal using the criteria
described in ORS 338.055 (2)(b) to (h) and approve the proposal
only if the institution of higher education may become a sponsor
as provided by paragraphs (e) and (f) of this subsection; or
  (B) Disapprove the proposal based on the institution's
determination that the proposal does not align with the mission
of the institution of higher education.
  (c)(A) The following decisions by an institution of higher
education are final and not subject to appeal:
  (i) Whether to evaluate a proposal for a public charter school;
and

  (ii) The approval or disapproval of a proposal for a public
charter school.
  (B) The process by which an institution of higher education
makes a decision described in subparagraph (A) of this paragraph
is not subject to appeal.
  (d) Within 60 days after receiving a proposal, the institution
of higher education must approve the proposal or, if disapproving
the proposal, state in writing the reasons for disapproving the
proposal.
  (e) An institution of higher education may approve a proposal
evaluated under this subsection only if the main campus of the
institution of higher education is located within 25 miles of the
proposed public charter school, based on the nearest traveled
road.
  (f) An institution of higher education may become a sponsor of
only one public charter school in this state, regardless of the
number of campuses or locations of the institution of higher
education.
  (g) If a public charter school has a sponsor that is an
institution of higher education and the public charter school
enters into a contract with a third-party entity to provide
educational services for the public charter school:
  (A) A member of the governing body of the public charter school
or the governing body of the sponsor may not be an employee of
the third-party entity, be a member of the governing board of the
third-party entity or be any other representative of the
third-party entity;
  (B) An employee or a member of the governing board of the
third-party entity may not attend an executive session of the
sponsor;
  (C) An employee of the public charter school may not promote
the sale or benefits of private supplemental services or classes
offered by the third-party entity; and
  (D) The educational services provided by the third-party entity
must comply with state standards and requirements, and any
provision of the contract with the third-party entity that does
not allow for the provision of educational services that comply
with state standards and requirements is void.
  SECTION 5. ORS 338.075, as amended by section 29, chapter 718,
Oregon Laws 2011, is amended to read:
  338.075. (1) If a school district board does not approve a
proposal to start a public charter school pursuant to ORS
338.055, the applicant may request that the State Board of
Education review the decision of the school district board.
  (2) Upon receipt of a request for review, the State Board of
Education:
    { - (a) Shall attempt to mediate a resolution between the
applicant and the school district board. - }
    { - (b) - }   { + (a) + } May recommend to the applicant and
school district board revisions to the proposal.
    { - (c) - }   { + (b) + } If the school district board does
not accept the revisions to the proposal and the applicant agrees
to the sponsorship, may become the sponsor of the public charter
school.
  (3) Upon receipt of a request for review, in addition to
actions described in subsection (2) of this section and at any
time during the review process, the State Board of Education may
reject a proposal to start a public charter school if the school
fails to meet the requirements of this chapter.
  (4) An applicant may seek judicial review of an order of the
State Board of Education pursuant to ORS 183.484. If the court
finds that the decision of the State Board of Education is not
supported by substantial evidence in the record, the court shall
enter a judgment directing the State Board of Education to
sponsor the public charter school.

  (5)(a) An institution of higher education may sponsor a public
charter school only if:
  (A) The main campus of the institution of higher education is
located within 25 miles of the proposed public charter school,
based on the nearest traveled road; and
  (B) The institution of higher education first became a sponsor
of the public charter school prior to July 1, 2017.
  (b) An institution of higher education may sponsor only one
public charter school in this state, regardless of the number of
campuses or locations of the institution of higher education.
  (c) If a public charter school has a sponsor that is an
institution of higher education and the public charter school
enters into a contract with a third-party entity to provide
educational services for the public charter school:
  (A) A member of the governing body of the public charter school
or the governing body of the sponsor may not be an employee of
the third-party entity, be a member of the governing board of the
third-party entity or be any other representative of the
third-party entity;
  (B) An employee or a member of the governing board of the
third-party entity may not attend an executive session of the
sponsor;
  (C) An employee of the public charter school may not promote
the sale or benefits of private supplemental services or classes
offered by the third-party entity; and
  (D) The educational services provided by the third-party entity
must comply with state standards and requirements, and any
provision of the contract with the third-party entity that does
not allow for the provision of educational services that comply
with state standards and requirements is void.
  SECTION 6. ORS 337.141 is amended to read:
  337.141.   { - Upon prior notice to the State Board of
Education, the district school board of any school district may
adopt and use textbooks or other instructional materials in place
of or in addition to those adopted by the State Board of
Education provided they meet the guidelines and criteria
established by the State Board of Education. - }  { +  The State
Board of Education shall adopt:
  (1) A list of textbooks and other instructional materials that
may be used by a school district; and
  (2) Guidelines and criteria for a district school board to
select textbooks and other instructional materials that are not
on the list adopted under subsection (1) of this section. + }
  SECTION 7. ORS 337.120 is amended to read:
  337.120. (1)   { - Except as otherwise provided by ORS 337.141,
the - }   { + 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
  { - field - }  for which instruction is provided by the
 { - district school board from the approved list - }  { +
school district + }. 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 or
 { + other instructional + } materials, according to titles,
 { - so adopted - }   { + 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   { - such - }  use for a reasonable period of time.
  SECTION 8. ORS 336.012 is amended to read:
  336.012. A district school board may adopt a class schedule
that operates throughout the year for all or any schools in the
district   { - but may not require a student to attend the entire
year - } .
  SECTION 9. ORS 336.179 is amended to read:
  336.179. (1) It is state policy for all school districts to
foster an atmosphere of student commitment to excellence in
education, recognizing excellence in academics and excellence in
citizenship.
  (2) Each school district shall determine the activities
necessary to qualify for special recognition of student
achievement.
    { - (3) In implementing the state policy, and after
consultation with the student body, an elementary or secondary
school shall offer special recognition as appropriate. Special
recognition may include, but need not be limited to: - }
    { - (a) Reduced admission to athletic events; - }
    { - (b) Discount on school yearbook; - }
    { - (c) Discount on student store merchandise; - }
    { - (d) Free or discounted school parking permits; - }
    { - (e) Free or discounted tickets to student events; - }
    { - (f) Exemption from a limited number of semester
finals; - }
    { - (g) Academic 'Pride' insignia; - }
    { - (h) Early registration privileges; - }
    { - (i) Local merchant discounts where available to the
district; and - }
    { - (j) Free membership in school organizations. - }
  SECTION 10. ORS 334.095 is amended to read:
  334.095. (1) The education service district board shall declare
the office of  { + a + } director vacant   { - upon the happening
of any of the following - }  { +  when the incumbent + }:
  (a)   { - When an incumbent - }  Dies or resigns;
  (b)   { - When an incumbent - }  Is removed from office or
 { + a court declares + } the election   { - thereto has been
declared void by the judgment of any court - }  { +  for the
office void + };
  (c)   { - When an incumbent - }  Ceases to be a resident of a
school district that is   { - a component school district - }
 { + located within the territory + } of the education service
district;
  (d)   { - Subject to the provision of subsection (2) of this
section, when an incumbent - }  { +  Subject to subsection (3) of
this section, + } ceases to be a resident of the zone from which
nominated;
  (e)   { - When an incumbent - }  Ceases to discharge the duties
of office for two consecutive months unless prevented
 { - therefrom - }  { + from discharging the duties + } by
sickness or other unavoidable cause; or
  (f)   { - When an incumbent - }  Is recalled.
   { +  (2) The education service district board may not declare
the office of a director vacant if the director is a resident of
a school district that withdraws from the education service
district as provided by ORS 334.015 unless:
  (a) The director's term expires; or
  (b) The education service district board declares the office
vacant for a reason described in subsection (1) of this
section. + }
    { - (2) - }   { + (3) + } A director nominated from a zone
who changes permanent residence from one zone to another zone in
which another director resides shall continue to serve as
director until the next regular election when a successor shall
be elected to serve for the remainder of the unexpired term.
    { - (3) - }   { + (4) + } A director guilty of misfeasance or
malfeasance in office, by the appropriate proceeding, may be
removed from office by a court of competent jurisdiction.
    { - (4) - }   { + (5) + } Members may be recalled in the
manner provided in ORS 249.865 to 249.877. If the member was
elected by a zone, the recall petition shall be signed by
electors from that zone and electors from the zone are the only
electors eligible to vote in the recall election. If the member
was elected at large, the recall petition shall be signed by
electors from the district and electors from the district are
eligible to vote in the recall election.
  SECTION 11. Section 12, chapter 828, Oregon Laws 2005, is
amended to read:
   { +  Sec. 12. + } (1) ORS 334.095 does not apply to a pilot
education service district. However, the board of directors of a
pilot education service district shall declare the office of
 { + a + } director vacant   { - upon the occurrence of any of
the following - }  { +  when the incumbent + }:
  (a)   { - When an incumbent - }  Dies or resigns;
  (b)   { - When an incumbent - }  Is removed from office or
 { + a court declares + } the election or appointment
 { - thereto has been declared void by the judgment of any
court - }  { +  for the office void + };
  (c)   { - When an incumbent - }  Ceases to be a resident of
 { + a school district that is located within the territory
of + } the pilot education service district;
  (d)   { - When an incumbent - }  Ceases to be a resident of the
zone from which elected; or
  (e)   { - When an incumbent - }  Ceases to discharge the duties
of office for two consecutive months unless prevented
 { - therefrom - }  { +  from discharging the duties + } by
sickness or other unavoidable cause.
   { +  (2) Except for a reason described in subsection (1) of
this section, the board of directors of a pilot education service
district may not declare vacant prior to June 30, 2013, the
office of a director who is a resident of a school district that
withdraws from the pilot education service district as provided
by ORS 334.015. + }
    { - (2) - }   { + (3) + } A director guilty of misfeasance or
malfeasance in office, by the appropriate proceeding, may be
removed from office by a court of competent jurisdiction.
  SECTION 12. Section 5, chapter 59, Oregon Laws 2010, is amended
to read:
   { +  Sec. 5. + } (1) The term of office of a director who
serves on the board of directors of the Northwest Regional
Education Service District terminates on June 30, 2013, if:
  (a) The director was elected or appointed under section 11,
chapter 828, Oregon Laws 2005; and
  (b) The director's term of office has not been completed by
June 30, 2013.
    { - (2)(a) The term of office of a director who serves on the
board of directors of the Willamette Education Service District
or the High Desert Education Service District and who was elected
or appointed under section 11, chapter 828, Oregon Laws 2005, for
a term beginning prior to or on June 30, 2010, terminates on June
30, 2010. Vacancies on the board of directors shall be filled
following the process described in section 11, chapter 828,
Oregon Laws 2005. - }
    { - (b) The term of office of a director who serves on the
board of directors of the Willamette Education Service District
or the High Desert Education Service District and who was elected
or appointed under section 11, chapter 828, Oregon Laws 2005, for
a term beginning after June 30, 2010, shall be determined by lot.
The boards of directors of the Willamette Education Service
District and the High Desert Education Service District shall
draw lots to ensure that the term of office of: - }
    { - (A) Two of the directors who were elected under section
11, chapter 828, Oregon Laws 2005, terminate on June 30,
2012; - }
    { - (B) Two of the directors who were appointed under section
11, chapter 828, Oregon Laws 2005, terminate on June 30,
2012; - }
    { - (C) Three of the directors who were elected under section
11, chapter 828, Oregon Laws 2005, terminate on June 30, 2013;
and - }
    { - (D) Two of the directors who were appointed under section
11, chapter 828, Oregon Laws 2005, terminate on June 30,
2013. - }
    { - (c) - }   { + (2) + }   { - Except as provided in
paragraph (b) of this subsection, - }  The term of office of a
director who serves on the board of directors of the Willamette
Education Service District or the High Desert Education Service
District terminates on June 30, 2013 { + , if the director was
elected or appointed under section 11, chapter 828, Oregon Laws
2005 + }.
  SECTION 13. ORS 339.010 is amended to read:
  339.010. Except as provided in ORS 339.030  { - , - }  { + :
  (1) + } All children between the ages of 7 and 18 years who
have not completed the 12th grade are required to attend
regularly a public full-time school   { - of the school district
in which the child resides - }  { +  during the entire school
term + }.
   { +  (2) All children five or six years of age who have been
enrolled in a public school are required to attend regularly the
public school while enrolled in the public school. + }
  SECTION 14. ORS 339.020 is amended to read:
  339.020. Except as provided in ORS 339.030  { - , - }  { + :
  (1) + } Every person having control of   { - any - }
 { + a + } child between the ages of 7 and 18 years who has not
completed the 12th grade is required to send   { - such - }
 { + the + } child to { + , + } and maintain   { - such - }
 { + the + } child in { + , + } regular attendance at a public
full-time school during the entire school term.
   { +  (2) If a person has control of a child five or six years
of age and has enrolled the child in a public school, the person
is required to send the child to, and maintain the child in,
regular attendance at the public school while the child is
enrolled in the public school. + }
  SECTION 15.  { + (1) The amendments to ORS 339.010 and 339.020
by sections 13 and 14 of this 2012 Act become operative on July
1, 2012.
  (2) The amendments to ORS 339.010 and 339.020 by sections 13
and 14 of this 2012 Act first apply to the 2012-2013 school
year. + }
  SECTION 16. ORS 329.025 is amended to read:
  329.025. It is the intent of the Legislative Assembly to
maintain a system of public elementary and secondary schools that
allows students, parents, teachers, administrators, school
district boards and the State Board of Education to be
accountable for the development and improvement of the public
school system.  The public school system shall have the following
characteristics:
  (1) Provides equal and open access and educational
opportunities for all students in the state regardless of their
linguistic background, culture, race, gender, capability or
geographic location;
  (2) Assumes that all students can learn and establishes high,
specific skill and knowledge expectations and recognizes
individual differences at all instructional levels;
  (3) Provides each student an education experience that supports
academic growth beyond proficiency in established academic
content standards and encourages students to attain aspirational
goals that are individually challenging;

  (4) Provides special education, compensatory education,
linguistically and culturally appropriate education and other
specialized programs to all students who need those services;
  (5) Supports the physical and cognitive growth and development
of students;
  (6) Provides students with a solid foundation in the skills of
reading, writing, problem solving and communication;
  (7) Provides opportunities for students to learn, think,
reason, retrieve information, use technology and work effectively
alone and in groups;
  (8) Provides for rigorous academic content standards and
instruction in mathematics, science, English, history, geography,
economics, civics, physical education, health, the arts and
second languages;
   { +  (9) Provides increased learning time; + }
    { - (9) - }   { + (10) + } Provides students an educational
background to the end that they will function successfully in a
constitutional republic, a participatory democracy and a
multicultural nation and world;
    { - (10) - }   { + (11) + } Provides students with the
knowledge and skills that will provide the opportunities to
succeed in the world of work, as members of families and as
citizens;
    { - (11) - }   { + (12) + } Provides students with the
knowledge and skills that lead to an active, healthy lifestyle;
    { - (12) - }   { + (13) + } Provides students with the
knowledge and skills to take responsibility for their decisions
and choices;
    { - (13) - }   { + (14) + } Provides opportunities for
students to learn through a variety of teaching strategies;
    { - (14) - }   { + (15) + } Emphasizes involvement of parents
and the community in the total education of students;
    { - (15) - }   { + (16) + } Transports children safely to and
from school;
    { - (16) - }   { + (17) + } Ensures that the funds allocated
to schools reflect the uncontrollable differences in costs facing
each district;
    { - (17) - }   { + (18) + } Ensures that local schools have
adequate control of how funds are spent to best meet the needs of
students in their communities; and
    { - (18) - }   { + (19) + } Provides for a safe, educational
environment.
  SECTION 17. ORS 329.045 is amended to read:
  329.045. (1) { + (a) + } In order to achieve the goals
contained in ORS 329.025, the State Board of Education shall
regularly and periodically review and revise its Common
Curriculum Goals, performance indicators and diploma
requirements.
   { +  (b) + }   { - This includes - }   { + The review and
revision conducted under this section shall:
  (A) Include + } Essential Learning Skills and rigorous academic
content standards in mathematics, science, English, history,
geography, economics, civics, physical education, health, the
arts and second languages.   { - School districts and public
charter schools shall maintain control over course content,
format, materials and teaching methods. The regular review
shall - }
   { +  (B) + } Involve teachers and other educators, parents of
students and other citizens and shall provide ample opportunity
for public comment.
   { +  (C) Encourage increased learning time. As used in this
subparagraph, 'increased learning time' means a schedule that
encompasses a longer school day, week or year for the purpose of
increasing the total number of school hours available to provide:

  (i) Students with instruction in core academic subjects,
including mathematics, science, English, history, geography,
economics, civics, the arts and second languages;
  (ii) Students with instruction in subjects other than the
subjects identified in sub-subparagraph (i) of this subparagraph,
including health and physical education;
  (iii) Students with the opportunity to participate in
enrichment activities that contribute to a well-rounded
education, including learning opportunities that may be based on
service, experience or work and that may be provided through
partnerships with other organizations; and
  (iv) Teachers with the opportunity to collaborate, plan and
engage in professional development within and across grades and
subjects.
  (c) Nothing in this subsection prevents a school district or
public charter school from maintaining control over course
content, format, materials and teaching methods. + }
  (2) The State Board of Education shall continually review and
revise all adopted academic content standards necessary for
students to successfully transition to the next phase of their
education.
  (3) School districts and public charter schools shall offer
students instruction in mathematics, science, English, history,
geography, economics, civics, physical education, health, the
arts and second languages that meets the academic content
standards adopted by the State Board of Education and meets the
requirements adopted by the State Board of Education and the
board of the school district or public charter school.
  SECTION 18.  { + The amendments to ORS 329.025 and 329.045 by
sections 16 and 17 of this 2012 Act become operative on July 1,
2012. + }
  SECTION 19. ORS 338.005 is amended to read:
  338.005. As used in this chapter, unless the context requires
otherwise:
  (1) 'Applicant' means any person or group that develops and
submits a written proposal for a public charter school to a
sponsor.
  (2) 'Institution of higher education' means a community college
operated under ORS chapter 341,   { - an institution of higher
education - }   { + a public university + } listed in ORS 352.002
or the Oregon Health and Science University.
  (3) 'Public charter school' means an elementary or secondary
school offering a comprehensive instructional program operating
under a written agreement entered into between a sponsor and an
applicant and operating pursuant to this chapter.
  (4) 'Remote and necessary school district' means a school
district that offers kindergarten through grade 12 and has:
  (a) An average daily membership (ADM), as defined in ORS
327.006, in the prior fiscal year of less than 110; and
  (b) A school that is located, by the nearest traveled road,
more than 20 miles from the nearest school or from a city with a
population of more than 5,000.
  (5) 'Sponsor' means:
  (a) The board of the common school district or the union high
school district in which the public charter school is located
that has developed a written charter with an applicant to create
a public charter school.
  (b) The State Board of Education pursuant to ORS 338.075.
  (c) An institution of higher education pursuant to ORS 338.075.
  (6)(a) 'Virtual public charter school' means a public charter
school that provides online courses.
  (b) 'Virtual public charter school' does not include a public
charter school that primarily serves students in a physical
location.
  SECTION 20. Section 9, chapter 609, Oregon Laws 2011, is
amended to read:
   { +  Sec. 9. + } (1) As used in this section, 'Oregon
Coalition for Quality Teaching and Learning' means the
collaborative group of state, school district, educator,
administrator, community and higher education representatives
operating as a unit organized under the National Commission on
Teaching and America's Future.
  (2) The Teacher Standards and Practices Commission and the
Department of Education, working with the Oregon Coalition for
Quality Teaching and Learning, shall propose guidelines to adopt
a uniform set of model core teaching standards for teaching
preparation, new teachers and experienced teachers that align
with updated national teaching standards. The guidelines must
allow the standards to be customized based on the collaborative
efforts of the teachers and administrators of the school district
and the exclusive bargaining representative of the employees of
the school district.
  (3) The guidelines must propose model core teaching standards
that:
  (a) Are research-based;
  (b) Distinguish different levels of proficiency; and
  (c) Include multiple measures of student growth and achievement
using student, school and school district data.
  (4) The commission and the department shall report to the
Legislative Assembly prior to January 1, 2012, on the proposed
guidelines for model core teaching standards.
  (5) The commission shall adopt and distribute the model core
teaching standards to school districts on or before March 1,
2012.
  (6) All school districts shall begin using the model core
teaching standards in annual evaluations of teachers
 { - beginning in the 2012-2013 school year - }  { +  occurring
on or after July 1, 2013 + }.
  SECTION 21. Section 11, chapter 609, Oregon Laws 2011, is
amended to read:
   { +  Sec. 11. + } Sections 8, 9 and 10   { - of this 2011
Act - }  { + , chapter 609, Oregon Laws 2011, + } are repealed on
 { - March 2, 2013 - }   { + July 2, 2013 + }.
  SECTION 22.  { + (1) The Task Force on Accountable Schools is
established, consisting of 14 members appointed as follows:
  (a) The President of the Senate shall appoint two members from
among members of the Senate;
  (b) The Speaker of the House of Representatives shall appoint
two members from among members of the House of Representatives;
and
  (c) The President of the Senate and the Speaker of the House of
Representatives shall jointly appoint:
  (A) Two members who are school district superintendents;
  (B) Two members who are school administrators;
  (C) Two members who are teachers;
  (D) One member from a professional education organization;
  (E) One member representing the Department of Education; and
  (F) Two members from education advocacy groups.
  (2) The task force shall develop a plan to improve
accountability practices for schools.
  (3) The task force shall recommend:
  (a) A new student summative assessment to be used in Oregon
schools that:
  (A) Is based on a national standard; and
  (B) Occurs as required by federal law.
  (b) Measures of college and career readiness to be used in
Oregon schools that evaluate:
  (A) Advanced course and dual enrollment completion;
  (B) National and state assessment results;
  (C) Dropout and graduation rates;
  (D) Post-secondary educational participation; and
  (E) Programs to close any achievement gaps.
  (c) A statewide standardized simple performance report and
rating system based on letter grades that includes:
  (A) Absolute student achievement and growth;
  (B) School trends over time; and
  (C) Comparisons to similar schools.
  (d) Implementation of formative testing and instructionally
useful student performance data systems for student achievement.
  (e) Tools, resources and targeted assistance for schools
needing assistance to meet state standards.
  (4) A majority of the voting members of the task force
constitutes a quorum for the transaction of business.
  (5) Official action by the task force requires the approval of
a majority of the voting members of the task force.
  (6) The task force shall elect one of its members to serve as
chairperson.
  (7) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
  (8) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the voting
members of the task force.
  (9) The task force may adopt rules necessary for the operation
of the task force.
  (10) The task force shall submit a report that includes
recommendations for legislation to an interim committee of the
Legislative Assembly related to education as appropriate no later
than November 1, 2012.
  (11) The Legislative Administration Committee shall provide
staff support to the task force.
  (12) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation or
reimbursement for expenses and serve as volunteers on the task
force.
  (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
  SECTION 23.  { + Section 22 of this 2012 Act is repealed on the
date of the convening of the 2013 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
  SECTION 24. Section 2, chapter 139, Oregon Laws 2011, is
amended to read:
   { +  Sec. 2. + }   { - This 2011 Act - }   { + Chapter 139,
Oregon Laws 2011, + } takes effect July 1,   { - 2012 - }  { +
2013 + }.
  SECTION 25.  { + ORS 326.131, 326.133, 326.136, 336.015,
336.023, 336.025, 336.475 and 337.275 and sections 6 and 7,
chapter 706, Oregon Laws 2009, are repealed. + }
  SECTION 26.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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