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.

Sponsorship: 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

SA to A-Eng. HB 4014

LC 253/HB 4014-A9

                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 4014

       By COMMITTEE ON EDUCATION AND WORKFORCE DEVELOPMENT

                           February 28

  On page 1 of the printed A-engrossed bill, line 2, after '
education' delete the rest of the line and lines 3 and 4 and
insert '; 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.'.
  On page 7, delete lines 32 and 33 and insert:
  '  { +  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. + } ' .
  In line 34, delete '11' and insert '26'.
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