Bill Text: OR SB4 | 2011 | Regular Session | Introduced
Bill Title: Relating to healthy lifestyles for children; declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB4 Detail]
Download: Oregon-2011-SB4-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2846
Senate Bill 4
Sponsored by Senators COURTNEY, KRUSE; Senator BATES (Presession
filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires school districts to ensure that physical education or
recess time is available each school day for students in
kindergarten through grade 8. Requires school district to ensure
that number of students in kindergarten through grade 8 who are
engaged in at least 60 minutes of physical education each school
day increases each school year.
Encourages school districts to enter into partnerships with
parks and recreation districts and with other community
organizations. Directs Department of Education to establish
annual list that recognizes efforts of schools, school districts
and child care facilities that implement exemplary policies
related to physical activity and nutrition.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to healthy lifestyles for children; creating new
provisions; amending ORS 329.498, 336.631 and 338.115 and
section 9, chapter 839, Oregon Laws 2007, and section 15,
chapter 50, Oregon Laws 2008; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A school district shall ensure that
physical education or recess time is available each school day of
the school year for students in kindergarten through grade 8.
(2) Notwithstanding subsection (1) of this section:
(a) A student with disabilities shall have suitably adapted
physical education or recess time incorporated as part of the
individualized education program developed for the student under
ORS 343.151.
(b) A student who does not have an individualized education
program but has chronic health problems, other disabling
conditions or other special needs that preclude the student from
participating in physical education or recess time shall have
suitably adapted physical education or recess time incorporated
as part of an individualized health plan developed for the
student.
(3)(a) Except as provided in paragraph (b) of this subsection,
a school district shall ensure that the number of students of the
school district in kindergarten through grade 8 who are engaged
in at least 60 minutes of physical education each school day
increases by at least 10 percent each school year.
(b) A school district is not required to satisfy the
requirements described in paragraph (a) of this subsection if:
(A) Students in kindergarten through grade 5 participate in
physical education for at least 150 minutes during each school
week; and
(B) Students in grades 6 through 8 participate in physical
education for at least 225 minutes during each school week. + }
SECTION 2. { + Section 1 of this 2011 Act first applies to the
2011-2012 school year. + }
SECTION 3. { + Section 1 of this 2011 Act is repealed on June
30, 2017. + }
SECTION 4. Section 9, chapter 839, Oregon Laws 2007, is amended
to read:
{ + Sec. 9. + } (1) { - Section 5 of this 2007 Act and the
amendments to ORS 336.631, 338.025 and 338.115 by sections 6 to 8
of this 2007 Act { + + }become - } { + ORS 329.496
becomes + } operative on July 1, 2017.
(2) { - Section 5 of this 2007 Act and the amendments to ORS
336.631, 338.025 and 338.115 by sections 6 to 8 of this 2007 Act
first apply - } { + ORS 329.496 first applies + } to the
2017-2018 school year.
{ + (3) The amendments to ORS 336.631, 338.025 and 338.115 by
sections 6 to 8, chapter 839, Oregon Laws 2007, become operative
on July 1, 2011.
(4) The amendments to ORS 336.631, 338.025 and 338.115 by
sections 6 to 8, chapter 839, Oregon Laws 2007, first apply to
the 2011-2012 school year. + }
SECTION 5. ORS 336.631, as amended by section 6, chapter 839,
Oregon Laws 2007, and section 8, chapter 72, Oregon Laws 2010, is
amended to read:
336.631. (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
(a) Annually approve the private alternative education program;
(b) Determine that the private alternative education program is
registered with the Department of Education; and
(c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c).
(2) The following laws apply to private alternative education
programs that are registered with the Department of Education
under ORS 336.635 in the same manner as the laws apply to school
districts and public schools:
(a) Federal law;
(b) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
{ - (c) ORS 329.496 (physical education); - }
{ + (c) Section 1 of this 2011 Act (physical education); + }
(d) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and
fees);
(e) ORS 659.850, 659.855 and 659.860 (discrimination);
(f) Section 6, chapter 72, Oregon Laws 2010 (advertisement
requirements);
(g) Health and safety statutes and rules; and
(h) Any statute, rule or school district policy that is
specified in a contract between the school district board and the
private alternative education program.
(3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether
the proposed placement best serves the student's educational
needs and interests and assists the student in achieving the
district and state academic standards.
(4) Contracts between a school district and a private
alternative education program shall be included in the assessment
of effectiveness provided for in ORS 329.085.
SECTION 6. ORS 336.631, as amended by section 6, chapter 839,
Oregon Laws 2007, section 8, chapter 72, Oregon Laws 2010, and
section 5 of this 2011 Act, is amended to read:
336.631. (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
(a) Annually approve the private alternative education program;
(b) Determine that the private alternative education program is
registered with the Department of Education; and
(c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c).
(2) The following laws apply to private alternative education
programs that are registered with the Department of Education
under ORS 336.635 in the same manner as the laws apply to school
districts and public schools:
(a) Federal law;
(b) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
{ - (c) Section 1 of this 2011 Act (physical education); - }
{ + (c) ORS 329.496 (physical education); + }
(d) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and
fees);
(e) ORS 659.850, 659.855 and 659.860 (discrimination);
(f) Section 6, chapter 72, Oregon Laws 2010 (advertisement
requirements);
(g) Health and safety statutes and rules; and
(h) Any statute, rule or school district policy that is
specified in a contract between the school district board and the
private alternative education program.
(3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether
the proposed placement best serves the student's educational
needs and interests and assists the student in achieving the
district and state academic standards.
(4) Contracts between a school district and a private
alternative education program shall be included in the assessment
of effectiveness provided for in ORS 329.085.
SECTION 7. { + (1) The amendments to ORS 336.631 by section 6
of this 2011 Act become operative on July 1, 2017.
(2) The amendments to ORS 336.631 by section 6 of this 2011 Act
first apply to the 2017-2018 school year. + }
SECTION 8. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, and section 3, chapter
53, Oregon Laws 2010, is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850, 659.855 and 659.860 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(m) ORS 329.045 (academic content standards and instruction);
{ - (n) ORS 329.496 (physical education); - }
{ + (n) Section 1 of this 2011 Act (physical education); + }
(o) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(p) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(q) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
child abuse and training on prevention and identification of
child abuse);
(r) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(s) ORS chapter 657 (Employment Department Law);
(t) ORS 339.326;
(u) Section 1, chapter 53, Oregon Laws 2010 (consideration for
educational services); and
(v) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 9. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, section 3, chapter 53,
Oregon Laws 2010, and section 8 of this 2011 Act, is amended to
read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850, 659.855 and 659.860 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(m) ORS 329.045 (academic content standards and instruction);
{ - (n) Section 1 of this 2011 Act (physical education); - }
{ + (n) ORS 329.496 (physical education); + }
(o) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(p) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(q) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
child abuse and training on prevention and identification of
child abuse);
(r) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(s) ORS chapter 657 (Employment Department Law);
(t) ORS 339.326;
(u) Section 1, chapter 53, Oregon Laws 2010 (consideration for
educational services); and
(v) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 10. { + (1) The amendments to ORS 338.115 by section 9
of this 2011 Act become operative on July 1, 2017.
(2) The amendments to ORS 338.115 by section 9 of this 2011 Act
first apply to the 2017-2018 school year. + }
SECTION 11. ORS 329.498 is amended to read:
329.498. The Department of Education shall collect data from
school districts on:
(1) The number of minutes of physical education { + and recess
time + } that are provided to students in kindergarten through
grade 8 each { + school day and + } school week in each public
school within the district;
(2) The physical capacity of public schools to provide students
in kindergarten through grade 5 with at least 150 minutes of
physical education during each school week and to provide
students in grades 6 through 8 with at least 225 minutes of
physical education during each school week; and
(3) The additional facilities required by public schools to
provide physical education to students as described in subsection
(2) of this section.
SECTION 12. ORS 329.498, as amended by section 11 of this 2011
Act, is amended to read:
329.498. The Department of Education shall collect data from
school districts on:
(1) The number of minutes of physical education { - and
recess time - } that are provided to students in kindergarten
through grade 8 each { - school day and - } school week in
each public school within the district;
(2) The physical capacity of public schools to provide students
in kindergarten through grade 5 with at least 150 minutes of
physical education during each school week and to provide
students in grades 6 through 8 with at least 225 minutes of
physical education during each school week; and
(3) The additional facilities required by public schools to
provide physical education to students as described in subsection
(2) of this section.
SECTION 13. { + The amendments to ORS 329.498 by section 12 of
this 2011 Act become operative on July 1, 2017. + }
SECTION 14. { + For the purpose of promoting a healthy
lifestyle for the children of this state:
(1) School districts are encouraged to enter into partnerships
with parks and recreation districts and with other community
organizations to provide opportunities for children to be more
physically active and to take advantage of resources available at
local gymnasiums and playgrounds.
(2) The Department of Education shall establish and publicize
an annual list that recognizes the efforts of schools, school
districts and child care facilities that implement exemplary
policies related to physical activity and nutrition. + }
SECTION 15. Section 15, chapter 50, Oregon Laws 2008, is
amended to read:
{ + Sec. 15. + } The amendments to ORS 338.025 and 338.115 by
sections 12 and 14 { + , chapter 50, Oregon Laws 2008, + }
{ - of this 2008 Act - } become operative July 1,
{ - 2017 - } { + 2011 + }, and first apply to the
{ - 2017-2018 - } { + 2011-2012 + } school year.
SECTION 16. { + 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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