77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 222
Sponsored by Senator HASS, Representatives DEMBROW, READ, Senator
BATES; Senators BEYER, STARR, STEINER HAYWARD, Representatives
BENTZ, GELSER, JOHNSON (Presession filed.)
CHAPTER ................
AN ACT
Relating to accelerated college credit programs; creating new
provisions; amending ORS 329.451 and 341.450; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (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.
Enrolled Senate Bill 222 (SB 222-B) Page 1
(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 2. { + Section 1 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 3. 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
Enrolled Senate Bill 222 (SB 222-B) Page 2
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
Enrolled Senate Bill 222 (SB 222-B) Page 3
(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:
Enrolled Senate Bill 222 (SB 222-B) Page 4
(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 4. { + (1) The amendments to ORS 329.451 by section 3
of this 2013 Act become operative July 1, 2015.
(2) The amendments to ORS 329.451 by section 3 of this 2013 Act
first apply to students graduating on or after July 1, 2015. + }
SECTION 5. 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 6. 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 { + :
Enrolled Senate Bill 222 (SB 222-B) Page 5
(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 7. { + 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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Passed by Senate July 6, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House July 7, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 222 (SB 222-B) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 222 (SB 222-B) Page 7