76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 331
Sponsored by Senator HASS; Senator BONAMICI, Representatives
HARKER, READ (Presession filed.)
CHAPTER ................
AN ACT
Relating to nationally normed assessments; creating new
provisions; amending ORS 329.488; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 329.488 is amended to read:
329.488. (1) The Department of Education shall contract with a
nonprofit entity to administer a nationally normed assessment, in
collaboration with the department, to all students in grade 10
who are enrolled in a public school. The purpose of the
assessment is to predict the success of students on, and provide
practice for students taking, college entrance exams.
(2) The department shall base the selection of the contractor
under subsection (1) of this section on all of the following
criteria:
(a) The contractor must be able to provide to the department
statewide data containing the results of the assessment;
(b) The contractor shall provide an assessment that:
(A) Identifies students with high potential to excel in
advanced placement (AP) or other honors courses based on a
research-based correlation of scores on the grade 10 assessment
to advanced placement examinations;
(B) Examines students in mathematics, reading and writing; and
(C) Provides results that can be used by Oregon's higher
education institutions to recruit students to attend college;
(c) The contractor must be able to supply schools with an
item-by-item analysis of student performance on the assessment;
and
(d) The contractor must be able to make available to each
student taking the assessment a free career assessment and online
exploration of colleges and career opportunities.
{ + (3)(a) In lieu of using the contractor selected by the
department under subsection (1) of this section, a school
district may apply to the department for a waiver to allow the
district to enter into a contract with a different nonprofit
entity for the purpose of administering a nationally normed
assessment to all students in grade 10 who are enrolled in the
public schools operated by the district. The department shall
grant the waiver if:
(A) The district had entered into a contract with the entity
for the 2007-2008 school year to administer a grade 10
assessment;
Enrolled Senate Bill 331 (SB 331-INTRO) Page 1
(B) The entity, in coordination with the district, administered
a grade 10 assessment during the 2007-2008 school year;
(C) For the most recent school year in which the entity
administered a grade 10 assessment, the entity met the criteria
set forth in subsection (2) of this section as in effect for the
school year in which the entity administered the assessment; and
(D) The entity plans to meet the criteria set forth in
subsection (2) of this section as in effect for the school year
for which the school district seeks a waiver.
(b) A waiver granted by the department under this subsection:
(A) Is valid for one school year; and
(B) May be renewed each school year.
(c) The department shall reimburse a school district for the
cost of assessments allowed under this subsection from funds
available to the department under ORS 327.008 (10). + }
{ - (3) - } { + (4) + } Notwithstanding { - subsection
(1) - } { + subsections (1) and (3) + } of this section:
(a) The department may, under rules adopted by the State Board
of Education, waive the assessment for specific groups of
students; and
(b) Upon request from a student who is enrolled in a public
school operated by a school district or the parent or guardian of
the student, the school district shall waive the assessment for
the student.
SECTION 2. ORS 329.488, as amended by section 1 of this 2011
Act, is amended to read:
329.488. (1) The Department of Education shall contract with a
nonprofit entity to administer a nationally normed assessment, in
collaboration with the department, to all students in grade 10
who are enrolled in a public school. The purpose of the
assessment is to predict the success of students on, and provide
practice for students taking, college entrance exams.
(2) The department shall base the selection of the contractor
under subsection (1) of this section on all of the following
criteria:
(a) The contractor must be able to provide to the department
statewide data containing the results of the assessment;
(b) The contractor shall provide an assessment that:
(A) Identifies students with high potential to excel in
advanced placement (AP) or other honors courses based on a
research-based correlation of scores on the grade 10 assessment
to advanced placement examinations;
(B) Examines students in mathematics, reading and writing; and
(C) Provides results that can be used by Oregon's higher
education institutions to recruit students to attend college;
(c) The contractor must be able to supply schools with an
item-by-item analysis of student performance on the assessment;
and
(d) The contractor must be able to make available to each
student taking the assessment a free career assessment and online
exploration of colleges and career opportunities.
(3)(a) In lieu of using the contractor selected by the
department under subsection (1) of this section, a school
district may apply to the department for a waiver to allow the
district to enter into a contract with a different nonprofit
entity for the purpose of administering a nationally normed
assessment to all students in grade 10 who are enrolled in the
public schools operated by the district. The department shall
grant the waiver if:
Enrolled Senate Bill 331 (SB 331-INTRO) Page 2
(A) The district had entered into a contract with the entity
for the 2007-2008 school year to administer a grade 10
assessment;
(B) The entity, in coordination with the district, administered
a grade 10 assessment during the 2007-2008 school year;
(C) For the most recent school year in which the entity
administered a grade 10 assessment, the entity met the criteria
set forth in subsection (2) of this section as in effect for the
school year in which the entity administered the assessment; and
(D) The entity plans to meet the criteria set forth in
subsection (2) of this section as in effect for the school year
for which the school district seeks a waiver.
(b) A waiver granted by the department under this subsection:
(A) Is valid for one school year; and
(B) May be renewed each school year.
(c) The department shall reimburse a school district for the
cost of assessments allowed under this subsection from funds
available to the department under ORS 327.008 { - (10) - }
{ + (9) + }.
(4) Notwithstanding subsections (1) and (3) of this section:
(a) The department may, under rules adopted by the State Board
of Education, waive the assessment for specific groups of
students; and
(b) Upon request from a student who is enrolled in a public
school operated by a school district or the parent or guardian of
the student, the school district shall waive the assessment for
the student.
SECTION 3. { + The amendments to ORS 329.488 by section 2 of
this 2011 Act become operative June 30, 2012. + }
SECTION 4. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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Passed by Senate March 21, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 26, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 331 (SB 331-INTRO) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 331 (SB 331-INTRO) Page 4