Bill Text: OR SB1581 | 2012 | Regular Session | Enrolled
Bill Title: Relating to education; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2012-03-13 - Effective date, March 6, 2012. [SB1581 Detail]
Download: Oregon-2012-SB1581-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
Senate Bill 1581
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Oregon Education Investment Board)
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
326.300, 326.375, 351.075 and 351.725 and sections 1, 2 and 4,
chapter 519, Oregon Laws 2011; repealing sections 5 and 6,
chapter ___, Oregon Laws 2012 (Enrolled House Bill 4165); and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2, chapter 519, Oregon Laws 2011, is amended
to read:
{ + Sec. 2. + } (1) The Oregon Education Investment Board
established by section 1 { - of this 2011 Act - } { + ,
chapter 519, Oregon Laws 2011, + } shall appoint a Chief
Education Officer who shall serve at the pleasure 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 { - of this 2011 Act - } { + , chapter
519, Oregon Laws 2011 + }.
{ + (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
Enrolled Senate Bill 1581 (SB 1581-B) Page 1
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 2. { + The amendments to section 2, chapter 519,
Oregon Laws 2011, by section 1 of this 2012 Act do not apply to
any Deputy Superintendent of Public Instruction appointed by the
Superintendent of Public Instruction who was holding office on
August 5, 2011. + }
SECTION 3. ORS 326.375 is amended to read:
326.375. (1) The State Board of Education shall appoint a
Commissioner for Community College Services who shall { + :
(a) + } Serve at the pleasure of the board.
{ + (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. + }
(2) The commissioner shall be a person who by training and
experience is well qualified to perform the duties of the office
and to assist in carrying out the functions of the board under
ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440,
341.455, 341.626, 341.655 and 341.933.
(3) The commissioner shall:
(a) Be the executive head of the Department of Community
Colleges and Workforce Development { - ; - } { + . + }
(b) Direct and supervise all activities of the Department of
Community Colleges and Workforce Development { - ; - }
{ + . + }
(c) Hire staff, as authorized by the State Board of Education
to assist in carrying out the duties of the commissioner. The
staff shall be considered employees of the Department of
Community Colleges and Workforce Development for purposes of ORS
chapters 240 and 243 { - ; and - } { + . + }
(d) Be responsible directly to { + :
(A) + } The State Board of Education for those duties
enumerated in ORS chapter 341.
{ + (B) The Chief Education Officer for matters related to
the design and organization of the state's education system. + }
(4) The commissioner, with approval of the State Board of
Education, shall be responsible for the representation of
community college interests to the Governor, the Legislative
Assembly, state agencies and others. The commissioner, with the
approval of the state board, shall be responsible for submitting
community college budget requests and budget reports for the
Department of Community Colleges and Workforce Development to the
Legislative Assembly. The state board shall { - insure - }
{ + ensure + } that the budget request for community colleges
and for the Department of Community Colleges and Workforce
Development are separate and distinct from its other requests to
the Legislative Assembly.
SECTION 4. ORS 351.075 is amended to read:
351.075. { + (1) + } The State Board of Higher Education shall
appoint a chief executive officer who shall be known as the
Chancellor of the Oregon University System { - and who - }
{ + .
(2) The chancellor + } shall { + :
(a) + } Serve at the pleasure of the board.
Enrolled Senate Bill 1581 (SB 1581-B) Page 2
{ + (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. + }
SECTION 5. Section 4, chapter 519, Oregon Laws 2011, is amended
to read:
{ + Sec. 4. + } (1) The Early Learning Council is
established. The council shall function under the direction and
control of the Oregon Education Investment Board established by
section 1 { - of this 2011 Act - } { + , chapter 519, Oregon
Laws 2011 + }.
(2) The council is established for the purpose of assisting the
board in overseeing a unified system of early childhood services,
including the funding and administration of those services.
(3)(a) The council consists of nine members who are appointed
by the Governor and serve at the pleasure of the Governor.
(b) When determining who to appoint to the council, the
Governor shall:
(A) Ensure that at least one of the members is an appointed
member of the Oregon Education Investment Board;
(B) Ensure that each congressional district of this state is
represented by at least one member of the council;
(C) For a member who is not an appointed member of the Oregon
Education Investment Board, ensure that the member meets the
following qualifications:
(i) Demonstrates leadership skills in civics or the member's
profession;
(ii) To the greatest extent practicable, contributes to the
council's representation of the geographic, ethnic, gender,
racial and economic diversity of this state; and
(iii) Contributes to the council's expertise, knowledge and
experience in early childhood development, early childhood care,
early childhood education, family financial stability,
populations disproportionately burdened by poor education
outcomes and outcome-based best practices; and
(D) 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.
(4) The activities of the council shall be directed and
supervised by the Early Childhood System Director { - , who
is - } { + . The director shall:
(a) Be + } appointed by the Governor and { - serves - }
{ + serve + } at the pleasure of the Governor.
{ + (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. + }
SECTION 6. ORS 351.725 is amended to read:
351.725. (1) The Higher Education Coordinating Commission shall
appoint an executive { - officer - } { + director + }
to { + :
(a) + } Serve at the pleasure of the commission.
{ + (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. + }
(2) The appointment of the executive { - officer - }
{ + director + } must be by written order, filed with the
Secretary of State.
Enrolled Senate Bill 1581 (SB 1581-B) Page 3
(3) Subject to any applicable provisions of ORS chapter 240,
the executive { - officer - } { + director + } shall appoint
all subordinate officers and employees of the commission,
prescribe their duties and fix their compensation.
SECTION 7. ORS 326.300 is amended to read:
326.300. (1) As provided by section 1, Article VIII of the
Oregon Constitution, the Governor is the Superintendent of Public
Instruction.
(2)(a) The Governor, acting as Superintendent of Public
Instruction, shall appoint a Deputy Superintendent of Public
Instruction. The deputy superintendent must have at least five
years of experience in the administration of an elementary school
or a secondary school. The appointment of the deputy
superintendent shall be subject to confirmation by the Senate as
provided by ORS 171.562 and 171.565.
(b) The deputy superintendent shall { + :
(A) + } Perform any act or duty of the office of Superintendent
of Public Instruction that is designated by the Governor, and the
Governor is responsible for any acts of the deputy
superintendent.
{ + (B) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. + }
(3) The deputy superintendent may be removed from office by the
Governor following consultation with the State Board of
Education.
(4) The deputy superintendent shall receive a salary set by the
Governor, and shall be reimbursed for all expenses actually and
necessarily incurred by the deputy superintendent in the
performance of official duties.
SECTION 8. { + The amendments to ORS 326.300 by section 7 of
this 2012 Act do not apply to any Deputy Superintendent of Public
Instruction appointed by the Superintendent of Public Instruction
who was holding office on August 5, 2011. + }
SECTION 9. ORS 326.375, as amended by section 3 of this 2012
Act, is amended to read:
326.375. (1) The State Board of Education shall appoint a
Commissioner for Community College Services who shall { - : - }
{ - (a) - } serve at the pleasure of the board.
{ - (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. - }
(2) The commissioner shall be a person who by training and
experience is well qualified to perform the duties of the office
and to assist in carrying out the functions of the board under
ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440,
341.455, 341.626, 341.655 and 341.933.
(3) The commissioner shall:
(a) Be the executive head of the Department of Community
Colleges and Workforce Development.
(b) Direct and supervise all activities of the Department of
Community Colleges and Workforce Development.
(c) Hire staff, as authorized by the State Board of Education
to assist in carrying out the duties of the commissioner. The
staff shall be considered employees of the Department of
Community Colleges and Workforce Development for purposes of ORS
chapters 240 and 243.
(d) Be responsible directly to { - : - }
Enrolled Senate Bill 1581 (SB 1581-B) Page 4
{ - (A) - } the State Board of Education for those duties
enumerated in ORS chapter 341.
{ - (B) The Chief Education Officer for matters related to
the design and organization of the state's education system. - }
(4) The commissioner, with approval of the State Board of
Education, shall be responsible for the representation of
community college interests to the Governor, the Legislative
Assembly, state agencies and others. The commissioner, with the
approval of the state board, shall be responsible for submitting
community college budget requests and budget reports for the
Department of Community Colleges and Workforce Development to the
Legislative Assembly. The state board shall ensure that the
budget request for community colleges and for the Department of
Community Colleges and Workforce Development are separate and
distinct from its other requests to the Legislative Assembly.
SECTION 10. ORS 351.075, as amended by section 4 of this 2012
Act, is amended to read:
351.075. (1) The State Board of Higher Education shall appoint
a chief executive officer who shall be known as the Chancellor of
the Oregon University System.
(2) The chancellor shall { - : - }
{ - (a) - } serve at the pleasure of the board.
{ - (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. - }
SECTION 11. ORS 351.725, as amended by section 6 of this 2012
Act, is amended to read:
351.725. (1) The Higher Education Coordinating Commission shall
appoint an executive director to { - : - }
{ - (a) - } serve at the pleasure of the commission.
{ - (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. - }
(2) The appointment of the executive director must be by
written order, filed with the Secretary of State.
(3) Subject to any applicable provisions of ORS chapter 240,
the executive director shall appoint all subordinate officers and
employees of the commission, prescribe their duties and fix their
compensation.
SECTION 12. ORS 326.300, as amended by section 7 of this 2012
Act, is amended to read:
326.300. (1) As provided by section 1, Article VIII of the
Oregon Constitution, the Governor is the Superintendent of Public
Instruction.
(2)(a) The Governor, acting as Superintendent of Public
Instruction, shall appoint a Deputy Superintendent of Public
Instruction. The deputy superintendent must have at least five
years of experience in the administration of an elementary school
or a secondary school. The appointment of the deputy
superintendent shall be subject to confirmation by the Senate as
provided by ORS 171.562 and 171.565.
(b) The deputy superintendent shall { - : - }
{ - (A) - } perform any act or duty of the office of
Superintendent of Public Instruction that is designated by the
Governor, and the Governor is responsible for any acts of the
deputy superintendent.
{ - (B) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Enrolled Senate Bill 1581 (SB 1581-B) Page 5
Laws 2011, for matters related to the design and organization of
the state's education system. - }
(3) The deputy superintendent may be removed from office by the
Governor following consultation with the State Board of
Education.
(4) The deputy superintendent shall receive a salary set by the
Governor, and shall be reimbursed for all expenses actually and
necessarily incurred by the deputy superintendent in the
performance of official duties.
SECTION 13. { + The amendments to ORS 326.300, 326.375,
351.075 and 351.725 by sections 9 to 12 of this 2012 Act become
operative on March 15, 2016. + }
SECTION 14. { + (1) For the purposes of this section:
(a) 'Achievement compact' means an agreement entered into
between the Oregon Education Investment Board and the governing
body of an education entity as described in this section.
(b) 'Education entity' means:
(A) A school district, as defined in ORS 332.002;
(B) An education service district operated under ORS chapter
334;
(C) A community college district or community college service
district operated under ORS chapter 341;
(D) The Oregon University System established by ORS 351.011;
(E) A public university of the Oregon University System, as
listed in ORS 352.002; and
(F) The health professions and graduate science programs of the
Oregon Health and Science University operated under ORS chapter
353.
(c) 'Governing body of an education entity' means:
(A) For a school district, the school district board.
(B) For an education service district, the board of directors
of the education service district.
(C) For a community college district or a community college
service district, the board of education of the community college
district.
(D) For the Oregon University System, the State Board of Higher
Education.
(E) For a public university of the Oregon University System,
the president of the university.
(F) For the Oregon Health and Science University, the Oregon
Health and Science University Board of Directors.
(2)(a) Prior to the beginning of each fiscal year, the
governing body of each education entity must enter into an
achievement compact with the Oregon Education Investment Board
for the fiscal year.
(b) Governing bodies of education entities identified in
subsection (1)(b)(A) to (C) of this section shall enter into
achievement compacts as part of the budgeting process under ORS
294.305 to 294.565 and shall submit achievement compacts to the
board prior to July 1 of each year.
(c) The board shall specify a process for adoption and a
timeline for submission of achievement compacts for education
entities identified in subsection (1)(b)(D) to (F) of this
section.
(d) The board shall provide to each school district a number
quantifying the district's estimated level of funding for the
next fiscal year compared to the determination of funding needed
to ensure that the state's system of kindergarten through grade
12 public education meets the quality goals specified under ORS
327.506.
Enrolled Senate Bill 1581 (SB 1581-B) Page 6
(3)(a) The board shall establish the terms for achievement
compacts.
(b) The terms of an achievement compact may include:
(A) A description of goals for outcomes that are consistent
with the educational goals identified in ORS 329.015, the
findings described in ORS 351.003 and the mission of education
provided in ORS 351.009.
(B) A description of the outcomes and measures of progress that
will allow each education entity to quantify:
(i) Completion rates for:
(I) Critical stages of learning and programs of study;
(II) The attainment of diplomas, certificates and degrees; and
(III) Achieving the high school and post-secondary education
goals established in ORS 351.009 and a projection of the progress
needed to achieve those goals by 2025;
(ii) Validations of the quality of knowledge and skills
acquired by students of the education entity; and
(iii) The relevance of the knowledge and skills acquired by the
students of the education entity and the means by which those
skills and knowledge will contribute to the workforce, the
economy and society as described in state policy.
(C) Other information suggested by the governing body of an
education entity and approved by the board.
(c) Notwithstanding the terms described in paragraph (b) of
this subsection, for an achievement compact entered into by an
education entity identified in subsection (1)(b)(F) of this
section, the terms of the achievement compact shall be limited to
the enrollment of, and attainment of degrees by, Oregon residents
in programs for which the state provides funding.
(4)(a) The governing body of each education entity shall
identify a target number and percentage of students for
achievement of the outcomes, measures of progress and goals
specified in the achievement compact for the fiscal year.
(b) The governing body of each education entity shall provide a
target number and percentage of students for the aggregate of all
disadvantaged subgroups, as defined by federal law or specified
by rules adopted by the board. The target number and percentage
of students must reflect the education entity's goals of
improving education outcomes for disadvantaged student groups and
closing any student achievement gaps between disadvantaged
student groups and other student groups.
(5) As part of the process of entering into an achievement
compact, the governing body of an education entity shall ensure
that open communications are provided to parents, students,
teachers or faculty, employees, exclusive bargaining
representatives and community representatives for the purposes of
explaining and discussing the outcomes, measures of progress,
goals and targets specified in the achievement compact for the
fiscal year. The open communications must be provided during each
education entity's public budget process.
(6) The board shall specify the format of the achievement
compacts and provide model achievement compacts to the governing
body of each education entity.
(7) The board may adopt a timeline and method for governing
bodies of education entities to provide the board with a report
at the end of a fiscal year that describes the achievements made
by the education entities during the fiscal year. The report:
(a) Must include disaggregated data for each disadvantaged
student group specified by the board; and
Enrolled Senate Bill 1581 (SB 1581-B) Page 7
(b) May state achievements in numbers and percentages and in
relation to the outcomes, measures of progress, goals and targets
specified in the achievement compact for the fiscal year. + }
SECTION 15. { + (1) For the purpose of entering into
achievement compacts under section 14 of this 2012 Act and
achieving the outcomes, measures of progress, goals and targets
described in achievement compacts, the Oregon Education
Investment Board:
(a) Shall direct the State Board of Education to waive for the
2012-2013 fiscal year compliance reporting requirements that are
adopted by the State Board of Education pursuant to rules adopted
under ORS 327.103 and that are related to standards that school
districts are required to meet.
(b) May direct the Department of Education to waive, as
permitted by federal law, requirements relating to local district
continuous improvement plans specified under ORS 329.095.
(2) If the Oregon Education Investment Board directs that a
compliance reporting requirement or a local district continuous
improvement plan requirement be waived as provided by subsection
(1) of this section, the Superintendent of Public Instruction,
the State Board of Education or the Department of Education may
not find a school district deficient or nonstandard or otherwise
penalize the school district for failure to comply with the
waived requirement. + }
SECTION 16. { + (1) Each school district and education service
district shall form an achievement compact advisory committee.
(2) An achievement compact advisory committee shall be
responsible for developing an achievement compact and ensuring
that an achievement compact is implemented.
(3) The governing body of a district shall appoint the members
of an achievement compact advisory committee. The members shall
consist of teachers, administrators and other appropriate
education personnel who are employed by the district. When an
employee organization represents educators of a district, the
superintendent of the district, at the direction of the governing
board of the district, shall collaborate with the local president
of the employee organization to recommend the appointment of
educators to the achievement compact advisory committee.
(4) An achievement compact advisory committee shall:
(a) Develop plans for achieving the district's outcomes,
measures of progress, goals and targets expressed in an
achievement compact, including methods of assessing and reporting
progress toward the achievement of goals and targets; and
(b) Recommend outcomes, measures of progress, goals and targets
to be contained in the district's achievement compact for the
next fiscal year.
(5) Each achievement compact advisory committee shall present
its recommendations in a report to the governing board of the
district no later than February 1 of each year. An achievement
compact advisory committee's report and recommendations shall be
considered by the governing board of the district when entering
into an achievement compact for the next fiscal year. The
governing board shall file the achievement compact advisory
committee's report with each achievement compact it adopts and
forwards to the Oregon Education Investment Board. + }
SECTION 17. { + (1) The requirements of section 16 of this
2012 Act relating to the implementation of achievement compacts
first apply to achievement compacts entered into for fiscal years
beginning with the 2012-2013 fiscal year.
Enrolled Senate Bill 1581 (SB 1581-B) Page 8
(2) The requirements of section 16 of this 2012 Act relating to
the development of an achievement compact first apply to
achievement compacts entered into for fiscal years beginning with
the 2013-2014 fiscal year. + }
SECTION 18. { + (1) State associations representing educators,
administrators and governing board members of school districts
and education service districts may develop and recommend to the
Oregon Education Investment Board collaborative models and
resources, including professional development opportunities, that
may be used by districts and achievement compact advisory
committees for the achievement of student success.
(2) State associations, organizations and employee
organizations representing educators, administrators, students
and governing board members of community colleges and
universities may develop and recommend to the Oregon Education
Investment Board processes for collaboration in the development
of achievement compacts for their institutions, including
professional development opportunities, for the achievement of
student success.
(3) The entities described in subsections (1) and (2) of this
section must make any recommendations to the Oregon Education
Investment Board no later than September 30, 2012. + }
SECTION 19. { + Sections 14 to 18 of this 2012 Act are
repealed on July 1, 2015. + }
SECTION 20. Section 1, chapter 519, Oregon Laws 2011, as
amended by section 8, chapter 519, Oregon Laws 2011, is amended
to read:
{ + Sec. 1. + } (1) The Oregon Education Investment Board is
established 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.
(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
{ - of this 2011 Act - } { + , chapter 519, Oregon Laws
2011 + }.
Enrolled Senate Bill 1581 (SB 1581-B) Page 9
(B) The Higher Education Coordinating Commission established by
{ - section 1, chapter 637, Oregon Laws 2011 - } { + 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 21. Section 1, chapter 519, Oregon Laws 2011, as
amended by section 8, chapter 519, Oregon Laws 2011, and section
20 of this 2012 Act, is amended to read:
{ + Sec. 1. + } (1) The Oregon Education Investment Board is
established 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.
(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
Enrolled Senate Bill 1581 (SB 1581-B) Page 10
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) - } { + (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 22. { + The amendments to section 1, chapter 519,
Oregon Laws 2011, by section 21 of this 2012 Act become operative
on July 1, 2015. + }
SECTION 22a. { + If House Bill 4165 becomes law, section 5 of
this 2012 Act (amending section 4, chapter 519, Oregon Laws 2011)
is repealed and section 4, chapter 519, Oregon Laws 2011, as
amended by section 3, chapter ___, Oregon Laws 2012 (Enrolled
House Bill 4165), is amended to read: + }
{ + Sec. 4. + } (1) The Early Learning Council is
established. The council shall function under the direction and
control of the Oregon Education Investment Board established by
section 1, chapter 519, Oregon Laws 2011.
(2) The council is established to assist the board in
overseeing a unified system of early learning services for the
purpose of ensuring that children enter school ready to learn.
The Early Learning Council shall ensure that children enter
school ready to learn by:
(a) Serving as the state advisory council for purposes of the
federal Head Start Act, as provided by section 7 { + , chapter
___, Oregon Laws 2012 (Enrolled House Bill 4165) + } { - of
this 2012 Act - } .
(b) Implementing and overseeing a system that coordinates the
delivery of early learning services.
(c) Overseeing the Oregon Early Learning System created by ORS
417.727.
Enrolled Senate Bill 1581 (SB 1581-B) Page 11
(3) The council consists of members appointed as provided by
subsections (4) and (5) of this section.
(4)(a) The Governor shall appoint nine voting members who are
appointed for a term of four years and serve at the pleasure of
the Governor. A person appointed under this subsection may not be
appointed to serve more than two consecutive full terms as a
council member.
(b) When determining whom to appoint to the council under this
subsection, the Governor shall:
(A) Ensure that at least one of the members is an appointed
member of the Oregon Education Investment Board;
(B) Ensure that each congressional district of this state is
represented;
(C) For a member who is not an appointed member of the Oregon
Education Investment Board, ensure that the member meets the
following qualifications:
(i) Demonstrates leadership skills in civics or the member's
profession;
(ii) To the greatest extent practicable, contributes to the
council's representation of the geographic, ethnic, gender,
racial and economic diversity of this state; and
(iii) Contributes to the council's expertise, knowledge and
experience in early childhood development, early childhood care,
early childhood education, family financial stability,
populations disproportionately burdened by poor education
outcomes and outcome-based best practices; and
(D) 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.
(5) In addition to the members appointed under subsection (4)
of this section, the Governor shall appoint voting, ex officio
members who represent the state agencies and other entities that
are required to be represented on a state advisory council for
purposes of the federal Head Start Act and who represent the
tribes of this state.
(6) The activities of the council shall be directed and
supervised by the Early Learning System Director { - , who
is - } { + . The director shall:
(a) Be + } appointed by the Governor and { - serves - }
{ + serve + } at the pleasure of the Governor.
{ + (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. + }
(7) In accordance with applicable provisions of ORS chapter
183, the council may adopt rules necessary for the administration
of the laws that the council is charged with administering.
SECTION 22b. { + If House Bill 4165 becomes law, sections 5
(amending section 4, chapter 519, Oregon Laws 2011) and 6,
chapter ___, Oregon Laws 2012 (Enrolled House Bill 4165), are
repealed and section 4, chapter 519, Oregon Laws 2011, as amended
by section 3, chapter ___, Oregon Laws 2012 (Enrolled House Bill
4165), and section 22a of this 2012 Act, is amended to read: + }
{ + Sec. 4. + } (1) The Early Learning Council is
established.
(2) The council is established to oversee a unified system of
early learning services for the purpose of ensuring that children
enter school ready to learn. The Early Learning Council shall
ensure that children enter school ready to learn by:
Enrolled Senate Bill 1581 (SB 1581-B) Page 12
(a) Serving as the state advisory council for purposes of the
federal Head Start Act, as provided by section 7, chapter ___,
Oregon Laws 2012 (Enrolled House Bill 4165).
(b) Implementing and overseeing a system that coordinates the
delivery of early learning services.
(c) Overseeing the Oregon Early Learning System created by ORS
417.727.
(3) The council consists of members appointed as provided by
subsections (4) and (5) of this section.
(4)(a) The Governor shall appoint nine voting members who are
appointed for a term of four years and serve at the pleasure of
the Governor. A person appointed under this subsection may not be
appointed to serve more than two consecutive full terms as a
council member.
(b) When determining whom to appoint to the council under this
subsection, the Governor shall:
(A) Ensure that each congressional district of this state is
represented;
(B) Ensure that each member meets the following qualifications:
(i) Demonstrates leadership skills in civics or the member's
profession;
(ii) To the greatest extent practicable, contributes to the
council's representation of the geographic, ethnic, gender,
racial and economic diversity of this state; and
(iii) Contributes to the council's expertise, knowledge and
experience in early childhood development, early childhood care,
early childhood education, family financial stability,
populations disproportionately burdened by poor education
outcomes and outcome-based best practices; and
(C) 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.
(5) In addition to the members appointed under subsection (4)
of this section, the Governor shall appoint voting, ex officio
members who represent the state agencies and other entities that
are required to be represented on a state advisory council for
purposes of the federal Head Start Act and who represent the
tribes of this state.
(6) The activities of the council shall be directed and
supervised by the Early Learning System Director { - . The
director shall: - }
{ - (a) Be - } { + who is + } appointed by the Governor and
{ - serve - } { + serves + } at the pleasure of the Governor.
{ - (b) Serve under the direction and control of the Chief
Education Officer appointed under section 2, chapter 519, Oregon
Laws 2011, for matters related to the design and organization of
the state's education system. - }
(7) In accordance with applicable provisions of ORS chapter
183, the council may adopt rules necessary for the administration
of the laws that the council is charged with administering.
SECTION 22c. { + The amendments to section 4, chapter 519,
Oregon Laws 2011, by section 22b of this 2012 Act become
operative on March 15, 2016. + }
SECTION 23. { + 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. + }
----------
Enrolled Senate Bill 1581 (SB 1581-B) Page 13
Passed by Senate March 5, 2012
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House March 5, 2012
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 1581 (SB 1581-B) Page 14
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 1581 (SB 1581-B) Page 15
