Bill Text: OR SB222 | 2013 | Regular Session | Amended

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

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Bill Title: Relating to accelerated college credit programs; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB222 Detail]

Download: Oregon-2013-SB222-Amended.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 222

LC 990/SB 222-5

                      SENATE AMENDMENTS TO
                         SENATE BILL 222

       By COMMITTEE ON EDUCATION AND WORKFORCE DEVELOPMENT

                            April 17

  On page 1 of the printed bill, line 2, delete the comma.
  In line 3, delete '340.300, 340.320 and 341.485' and insert '
and 341.450 and section 10, chapter 519, Oregon Laws 2011'.
  Delete lines 24 and 25 and delete pages 2 through 6 and insert:
  '  { +  SECTION 1. + }  { + (1) Strategic investments shall be
made as provided by this section to give students the skills and
resources needed to more quickly earn college credit and be more
likely to be successful in post-secondary education.
  ' (2)(a) The Oregon Student Access Commission shall administer
a scholarship fund to help students pay for first-year college
courses and for expenses incurred in relation to accelerated
college credit programs. The commission shall give priority to
underserved students who meet criteria identified by the
commission by rule.
  ' (b) The Department of Education shall administer a program
that enables consortiums to design and deliver individualized,
innovative and flexible ways of providing academic content,
awarding high school and college credit and providing
developmental education for students in high school or in the
first two years of post-secondary education. Each consortium must
include at least three school districts, at least one education
service district, at least one community college and at least one
public or private university.
  ' (3) The Oregon Education Investment Board shall develop
timelines, performance measures and other requirements related to
the accumulation and evaluation of data collected in relation to
the strategic investments described in subsection (2) of this
section.
  ' (4) Moneys for strategic investments that are made as
provided by this section shall be distributed to the Oregon
Student Access Commission and the Department of Education to:
  ' (a) Further distribute the moneys; or
  ' (b) Administer other programs that are consistent with the
purposes of the moneys.
  ' (5) Any recipient of moneys distributed as a strategic
investment must provide separate accounting for the moneys and
may use the moneys only for the purposes for which the moneys are
provided.
  ' (6)(a) The board shall establish requirements for the
recipients of moneys distributed as strategic investments.
  ' (b) The board may develop timelines, performance measures and
other requirements related to the accumulation and evaluation of
data collected in relation to a recipient that receives moneys as
a strategic investment.
  ' (c) The board may delegate any of the board's authority
established under this section to the Chief Education
Officer. + }
  '  { +  SECTION 2. + } Section 1 of this 2013 Act is amended to
read:

  '  { +  Sec. 1. + } (1) Strategic investments shall be made as
provided by this section to give students the skills and
resources needed to more quickly earn college credit and be more
likely to be successful in post-secondary education.
  ' (2)(a) The Oregon Student Access Commission shall administer
a scholarship fund to help students pay for first-year college
courses and for expenses incurred in relation to accelerated
college credit programs. The commission shall give priority to
underserved students who meet criteria identified by the
commission by rule.
  ' (b) The Department of Education shall administer a program
that enables consortiums to design and deliver individualized,
innovative and flexible ways of providing academic content,
awarding high school and college credit and providing
developmental education for students in high school or in the
first two years of post-secondary education. Each consortium must
include at least three school districts, at least one education
service district, at least one community college and at least one
public or private university.
  ' (3) The   { - Oregon Education Investment Board - }
 { + State Board of Education + } shall develop timelines,
performance measures and other requirements related to the
accumulation and evaluation of data collected in relation to the
strategic investments described in subsection (2) of this
section.
  ' (4) Moneys for strategic investments that are made as
provided by this section shall be distributed to the Oregon
Student Access Commission and the Department of Education to:
  ' (a) Further distribute the moneys; or
  ' (b) Administer other programs that are consistent with the
purposes of the moneys.
  ' (5) Any recipient of moneys distributed as a strategic
investment must provide separate accounting for the moneys and
may use the moneys only for the purposes for which the moneys are
provided.
  ' (6)(a) The board shall establish requirements for the
recipients of moneys distributed as strategic investments.
  ' (b) The board may develop timelines, performance measures and
other requirements related to the accumulation and evaluation of
data collected in relation to a recipient that receives moneys as
a strategic investment.
  ' (c) The board may delegate any of the board's authority
established under this section to the   { - Chief Education
Officer - }  { +  Superintendent of Public Instruction + }.
  '  { +  SECTION 3. + } Section 10, chapter 519, Oregon Laws
2011, as amended by section 1, chapter 37, Oregon Laws 2012, is
amended to read:
  '  { +  Sec. 10. + }  { + (1) + } Sections 1, 2, 3, 5, 6 and 7,
chapter 519, Oregon Laws 2011, are repealed on March 15, 2016.
  '  { +  (2) The amendments to section 1 of this 2013 Act by
section 2 of this 2013 Act become operative on March 15,
2016. + }
  '  { +  SECTION 4. + }  { + (1) The Accelerated Learning
Committee is established.
  ' (2) The committee consists of the following seven members:
  ' (a) The Chief Education Officer.
  ' (b) Six 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.
  ' (C) The Governor shall appoint two members.
  ' (3) The committee shall examine methods to encourage and
enable students to obtain college credits while still in high
school. The committee shall emphasize the alignment of funding,
assessments and procedures between high schools and
post-secondary institutions of higher education to encourage
efficiencies and to make post-secondary education more affordable
for families.
  ' (4) A majority of the members of the committee constitutes a
quorum for the transaction of business.
  ' (5) Official action by the committee requires the approval of
a majority of the members of the committee.
  ' (6) The committee 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 committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the committee.
  ' (9) The committee may adopt rules necessary for the operation
of the committee.
  ' (10) The committee shall submit a report, and may include
recommendations for legislation, to the interim legislative
committees on education no later than October 1, 2014.
  ' (11) The Oregon Education Investment Board shall provide
staff support to the committee.
  ' (12) Notwithstanding ORS 171.072, members of the committee
who are members of the Legislative Assembly are not entitled to
mileage expenses or a per diem and serve as volunteers on the
committee. Other members of the committee are not entitled to
compensation or reimbursement for expenses and serve as
volunteers on the committee.
  ' (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the committee 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 committee consider necessary to perform their
duties. + }
  '  { +  SECTION 5. + }  { + Section 4 of this 2013 Act is
repealed on the date of the convening of the 2015 regular session
of the Legislative Assembly as specified in ORS 171.010. + }
  '  { +  SECTION 6. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Oregon
Student Access Commission, for the biennium beginning July 1,
2013, out of the General Fund, the amount of $3,000,000, which
shall be expended for strategic investments made for the purposes
described in section 1 (2)(a) of this 2013 Act. + }
  '  { +  SECTION 7. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Department
of Education, for the biennium beginning July 1, 2013, out of the
General Fund, the amount of  + }  { +  $5,000,000, which shall be
expended for strategic investments made for the purpose described
in section 1 (2)(b) of this 2013 Act. + }
  '  { +  SECTION 8. + } ORS 329.451 is amended to read:
  ' 329.451. (1)(a) At or before grade 12, a school district or
public charter school shall award a high school diploma to a
student who completes the requirements established by subsection
(2) of this section.
  ' (b) A school district or public charter school shall award a
modified diploma to a student who satisfies the requirements
established by subsection (6) of this section, an extended
diploma to a student who satisfies the requirements established
by subsection (7) of this section or an alternative certificate
to a student who satisfies the requirements established by
subsection (8) of this section.
  ' (c) A school district or public charter school may not deny a
student who has the documented history described in subsection
(6)(b) or (7)(b) and (c) of this section the opportunity to
pursue a diploma with more stringent requirements than a modified

diploma or an extended diploma for the sole reason that the
student has the documented history.
  ' (d) A school district or public charter school may award a
modified diploma or extended diploma to a student only upon
receiving consent as provided by subsection (5) of this section.
  ' (2) { + (a) + } In order to receive a high school diploma
from a school district or public charter school, a student must
satisfy the requirements established by the State Board of
Education and the school district or public charter school and,
while in grades 9 through 12, must complete at least:
  '  { - (a) - }   { + (A) + } Twenty-four total credits;
  '  { - (b) - }   { + (B) + } Three credits of mathematics; and
  '  { - (c) - }   { + (C) + } Four credits of English.
  '  { +  (b) If a school district or public charter school
requires a student to complete more than 24 total credits, as
provided by paragraph (a)(A) of this subsection, the school
district or public charter school may only require the student to
complete additional credits for:
  ' (A) Subjects for which the State Board of Education has
established academic content standards under ORS 329.045;
  ' (B) Courses provided as part of a career and technical
education program; or
  ' (C) Courses that provide, or qualify to provide, credit at
post-secondary institutions of education. + }
  ' (3) A student may satisfy the requirements of subsection (2)
of this section in less than four years. If a student satisfies
the requirements of subsection (2) of this section and a school
district or public charter school has received consent as
provided by subsection (5) of this section, the school district
or public charter school shall award a high school diploma to the
student.
  ' (4) If a school district or public charter school has
received consent as provided by subsection (5) of this section,
the school district or public charter school may advance the
student to the next grade level if the student has satisfied the
requirements for the student's current grade level.
  ' (5)(a) For the purpose of receiving consent as provided by
subsections (1)(d), (3) and (4) of this section, consent shall be
provided by:
  ' (A) The parent or guardian of the student, if the student:
  ' (i) Is under 18 years of age and is not emancipated pursuant
to ORS 419B.550 to 419B.558; or
  ' (ii) Has been determined not to have the ability to give
informed consent regarding the student's education pursuant to a
protective proceeding under ORS chapter 125; or
  ' (B) The student, if the student is 18 years of age or older
or is emancipated pursuant to ORS 419B.550 to 419B.558.
  ' (b) For the purpose of awarding a modified diploma or
extended diploma as provided by subsection (1)(d) of this section
or of awarding a high school diploma as provided by subsection
(3) of this section, consent must be received during the school
year for which the diploma will be awarded.
  ' (6) A school district or public charter school shall award a
modified diploma only to students who have demonstrated the
inability to meet the full set of academic content standards for
a high school diploma with reasonable modifications and
accommodations. To be eligible for a modified diploma, a student
must:
  ' (a) Satisfy the requirements for a modified diploma
established by the State Board of Education; and
  ' (b) Have a documented history of an inability to maintain
grade level achievement due to significant learning and
instructional barriers or have a documented history of a medical
condition that creates a barrier to achievement.
  ' (7) A school district or public charter school shall award an
extended diploma only to students who have demonstrated the
inability to meet the full set of academic content standards for
a high school diploma with reasonable modifications and
accommodations. To be eligible for an extended diploma, a student
must:
  ' (a) While in grade nine through completion of high school,
complete 12 credits, which may not include more than six credits
earned in a self-contained special education classroom and shall
include:
  ' (A) Two credits of mathematics;
  ' (B) Two credits of English;
  ' (C) Two credits of science;
  ' (D) Three credits of history, geography, economics or civics;
  ' (E) One credit of health;
  ' (F) One credit of physical education; and
  ' (G) One credit of the arts or a second language;
  ' (b) Have a documented history of an inability to maintain
grade level achievement due to significant learning and
instructional barriers or have a documented history of a medical
condition that creates a barrier to achievement; and
  ' (c)(A) Participate in an alternate assessment beginning no
later than grade six and lasting for two or more assessment
cycles; or
  ' (B) Have a serious illness or injury that occurs after grade
eight, that changes the student's ability to participate in grade
level activities and that results in the student participating in
alternate assessments.
  ' (8) A school district or public charter school shall award an
alternative certificate to a student who does not satisfy the
requirements for a high school diploma, a modified diploma or an
extended diploma if the student meets requirements established by
the board of the school district or public charter school.
  ' (9) A student shall have the opportunity to satisfy the
requirements of subsection (6), (7) or (8) of this section by the
later of:
  ' (a) Four years after starting grade nine; or
  ' (b) The student reaching the age of 21 years, if the student
is entitled to a public education until the age of 21 years under
state or federal law.
  ' (10)(a) A student may satisfy the requirements described in
subsection (6), (7) or (8) of this section in less than four
years if consent is provided in the manner described in
subsection (5)(a) of this section.
  ' (b) The consent provided under this subsection must be
written and must clearly state that the parent, guardian or
student is waiving the time allowed under subsection (9) of this
section. A consent may not be used to allow a student to satisfy
the requirements of subsection (6), (7) or (8) of this section in
less than three years.
  ' (c) A copy of all consents provided under this subsection for
students in a school district must be forwarded to the district
superintendent.
  ' (d) Each school district must provide to the Superintendent
of Public Instruction information about the number of consents
provided during a school year.
  ' (11)(a) A student who receives a modified diploma, an
extended diploma or an alternative certificate shall:
  ' (A) Have the option of participating in a high school
graduation ceremony with the class of the student; and
  ' (B) Have access to instructional hours, hours of transition
services and hours of other services that are designed to:
  ' (i) Meet the unique needs of the student; and
  ' (ii) When added together, provide a total number of hours of
instruction and services to the student that equals at least the
total number of instructional hours that is required to be
provided to students who are attending a public high school.

  ' (b)(A) The number of instructional hours, hours of transition
services and hours of other services that are appropriate for a
student shall be determined by the student's individualized
education program team. Based on the student's needs and
performance level, the student's individualized education program
team may decide that the student will not access the total number
of hours of instruction and services to which the student has
access under paragraph (a)(B) of this subsection.
  ' (B) A school district may not unilaterally decrease the total
number of hours of instruction and services to which the student
has access under paragraph (a)(B) of this subsection, regardless
of the age of the student.
  ' (c) If a student's individualized education program team
decides that the student will not access the total number of
hours of instruction and services to which the student has access
under paragraph (a)(B) of this subsection, the school district
shall annually:
  ' (A) Provide the following information in writing to the
parent or guardian of the student:
  ' (i) The school district's duty to comply with the
requirements of paragraph (a)(B) of this subsection; and
  ' (ii) The prohibition against a school district's unilaterally
decreasing the total number of hours of instruction and services
to which the student has access.
  ' (B) Obtain a signed acknowledgment from the parent or
guardian of the student that the parent or guardian received the
information described in subparagraph (A) of this paragraph.
  ' (C) Include in the individualized education program for the
student a written statement that explains the reasons the student
is not accessing the total number of hours of instruction and
services to which the student has access under paragraph (a)(B)
of this subsection.
  ' (d) For purposes of paragraph (a)(B) of this subsection,
transition services and other services designed to meet the
unique needs of the student may be provided to the student
through an interagency agreement entered into by the school
district if the individualized education program developed for
the student indicates that the services may be provided by
another agency. A school district that enters into an interagency
agreement as allowed under this paragraph retains the
responsibility for ensuring that the student has access to the
number of service hours required to be provided to the student
under this subsection. An agency is not required to change any
eligibility criteria or enrollment standards prior to entering
into an interagency agreement as provided by this paragraph.
  ' (12) A school district or public charter school shall:
  ' (a) Ensure that students have on-site access to the
appropriate resources to achieve a high school diploma, a
modified diploma, an extended diploma or an alternative
certificate at each high school in the school district or at the
public charter school.
  ' (b) Provide literacy instruction to all students until
graduation.
  ' (c) Beginning in grade five, annually provide information to
the parents or guardians of a student taking an alternate
assessment of the availability of a modified diploma, an extended
diploma and an alternative certificate and the requirements for
the diplomas and certificate.
  '  { +  SECTION 9. + }  { + (1) The amendments to ORS 329.451
by section 8 of this 2013 Act become operative July 1, 2015.
  ' (2) The amendments to ORS 329.451 by section 8 of this 2013
Act first apply to students graduating on or after July 1,
2015. + }
  '  { +  SECTION 10. + } ORS 341.450 is amended to read:

  ' 341.450. Every community college district shall encourage
high school students to start early on a college education
by { + :
  ' (1) + } Implementing two-plus-two programs and other related
programs  { - . Each community college district shall make - }
 { + and making + } at least one such program available to each
interested school district that is within the boundaries of the
community college district.
  '  { +  (2) Collaborating with interested school districts that
are within the boundaries of the community college district to
facilitate the delivery of two-plus-two programs and other
related programs. + }
  '  { +  SECTION 11. + } ORS 341.450, as amended by section 5,
chapter 639, Oregon Laws 2011, is amended to read:
  ' 341.450. Every community college district shall encourage
high school students to start early on a college education
by { + :
  ' (1) + } Implementing a dual credit program, a two-plus-two
program or another accelerated college credit program  { - . Each
community college district shall make - }   { + and making + } at
least one such program available to each interested school
district that is within the boundaries of the community college
district.
  '  { +  (2) Collaborating with interested school districts that
are within the boundaries of the community college district to
facilitate the delivery of a dual credit program, a two-plus-two
program or other accelerated college credit program. + }
  '  { +  SECTION 12. + }  { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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