Bill Text: OR SB711 | 2011 | Regular Session | Introduced

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Bill Title: Relating to children who are not taught in a public school; declaring an emergency.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB711 Detail]

Download: Oregon-2011-SB711-Introduced.html

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     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 3196

                         Senate Bill 711

Sponsored by Senator STARR, Representative BARKER; Senators
  FERRIOLI, GEORGE, GIROD, KRUSE, OLSEN, TELFER, THOMSEN,
  WHITSETT, Representatives BREWER, LINDSAY

                             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.

  Removes notification and certain examination requirements that
apply to children who are taught by private teacher, parent or
legal guardian.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to children who are not taught in a public school;
  creating new provisions; amending ORS 334.175, 336.668,
  339.460, 339.990 and 807.066; repealing ORS 339.035; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 339.460 is amended to read:
  339.460.  { + (1) As used in this section:
  (a) 'Homeschooled student' means a child who is taught by a
private teacher, a parent or a legal guardian as described in ORS
339.030 (1)(d) and (e).
  (b) 'Interscholastic activity' includes athletics, music,
speech and other related activities. + }
    { - (1) Homeschooled students shall not be denied by a school
district the opportunity to participate in all interscholastic
activities if the student fulfills the following conditions: - }
   { +  (2) A school district may not deny a homeschooled student
the opportunity to participate in an interscholastic activity if
the homeschooled student fulfills all of the following
conditions: + }
  (a) The   { - student must meet - }   { + homeschooled student
meets + } all school district eligibility requirements with the
exception of:
  (A) The school district's school or class attendance
requirements; and
  (B) The class requirements of the voluntary association
administering interscholastic activities.
    { - (b)(A) The student must achieve a minimum score on an
examination from the list adopted by the State Board of Education
pursuant to ORS 339.035. The examination shall be taken at the
end of each school year and shall be used to determine
eligibility for the following year. The minimum, composite test
score that a student must achieve shall place the student at or
above the 23rd percentile based on national norms. The parent or
legal guardian shall submit the examination results to the school
district; or - }
    { - (B) A school district may adopt alternative requirements,
in consultation with the parent or legal guardian of a
homeschooled student, that a student must meet to participate in
interscholastic activities, including but not limited to a
requirement that a student submit a portfolio of work samples to
a school district committee for review to determine whether a
student is eligible to participate in interscholastic
activities. - }
   { +  (b) The homeschooled student meets minimum academic
standards. A homeschooled student may fulfill the condition
required by this paragraph by satisfying either of the following:
  (A) Achieving a minimum score on a nationally normed
standardized achievement test from a list adopted by the State
Board of Education by rule. The test must be taken prior to
August 15 each year and shall be used to determine eligibility
for the following school year. The homeschooled student's
composite test score must, at a minimum, place the student at or
above the 23rd percentile, based on national norms. The parent or
legal guardian of the homeschooled student must submit the test
results to the school district.
  (B) Meeting any requirements that a school district may have
adopted in lieu of the test requirements described in
subparagraph (A) of this paragraph after consulting with the
parent or legal guardian of the homeschooled student. A school
district that adopts requirements under this subparagraph may
include a requirement that the homeschooled student submit a
portfolio of work samples to a school district committee for
review to determine whether the homeschooled student is eligible
to participate in an interscholastic activity.
  (c) The homeschooled student meets the same requirements that
must be met by other students participating in the
interscholastic activity, including:
  (A) Standards for acceptance for participation in the
interscholastic activity; and
  (B) Standards of behavior and performance for the
interscholastic activity, including related class or practice
requirements.
  (d) The homeschooled student resides within the attendance
boundaries of the school for which the student participates. + }
    { - (c) - }   { + (3)(a) + }   { - Any - }   { + A + } public
school student who chooses to be homeschooled  { + after a school
year has started + } must also meet the minimum standards
 { - as described in paragraph (b) of this subsection - }  { +
described in subsection (2) of this section + }. The student may
participate  { + in an interscholastic activity + } while
awaiting   { - examination - }   { + test + } results.
    { - (d) - }   { + (b) + }   { - Any - }   { + A + } public
school student who  { + chooses to be homeschooled and who + }
has been unable to maintain academic eligibility   { - shall
be - }   { + while attending public school is + } ineligible to
participate in   { - interscholastic activities - }   { + an
interscholastic activity + } as a homeschooled student for the
duration of the school year in which the student becomes
academically ineligible and for the following year. The
 { + homeschooled + } student must   { - take the required
examinations at - }   { + meet the requirements described in
subsection (2)(b) of this section by  + }the end of the second
year
  { - and meet the standards described in paragraph (b) of this
subsection - }  to become eligible for the third year.
    { - (e) The homeschooled student shall be required to fulfill
the same responsibilities and standards of behavior and
performance, including related class or practice requirements, of
other students participating in the interscholastic activity of
the team or squad and shall be required to meet the same
standards for acceptance on the team or squad. The homeschooled
student must also comply with all public school requirements
during the time of participation. - }
    { - (f) A homeschooled student participating in
interscholastic activities must reside within the attendance
boundaries of the school for which the student participates. - }
    { - (2) As used in this section: - }
    { - (a) 'Board' means the State Board of Education. - }
    { - (b) 'Homeschooled students' are those children taught by
private teachers, parents or legal guardians as described in ORS
339.030. - }
    { - (c) 'Interscholastic activities' includes but is not
limited to athletics, music, speech, and other related
activities. - }
  SECTION 2. ORS 339.990 is amended to read:
  339.990. Violation of ORS 339.020   { - or the requirements of
ORS 339.035 - }  is a Class C violation.
  SECTION 3. ORS 334.175 is amended to read:
  334.175. (1) An education service district shall provide
regionalized core services to component school districts. The
goals of these services are to:
  (a) Assist component school districts in meeting the
requirements of state and federal law;
  (b) Improve student learning;
  (c) Enhance the quality of instruction provided to students;
  (d) Provide professional development to component school
district employees;
  (e) Enable component school districts and the students who
attend schools in those districts to have equitable access to
resources; and
  (f) Maximize operational and fiscal efficiencies for component
school districts.
  (2) The services provided by an education service district
shall be provided according to a local service plan developed by
the education service district and component school districts.
The education service district and component school districts
shall develop the local service plan to meet the goals specified
in subsection (1) of this section. The local service plan must
include services in at least the following areas:
  (a) Programs for children with special needs, including but not
limited to special education services, services for at-risk
students and professional development for employees who provide
those services.
  (b) Technology support for component school districts and the
individual technology plans of those districts, including but not
limited to technology infrastructure services, data services,
instructional technology services, distance learning and
professional development for employees who provide those
services.
  (c) School improvement services for component school districts,
including but not limited to:
  (A) Services designed to support component school districts in
meeting the requirements of state and federal law;
  (B) Services designed to allow the education service district
to participate in and facilitate a review of the state and
federal standards related to the provision of a quality education
by component school districts;
  (C) Services designed to support and facilitate continuous
school improvement planning;
  (D) Services designed to address schoolwide behavior and
climate issues;
  (E) Services designed to support career and technical
education; and
  (F) Professional development for employees who provide the
services described in this paragraph.
  (d) Administrative and support services for component school
districts, including but not limited to services designed to
consolidate component school district business functions
 { - , - }   { + and + } liaison services between the Department
of Education and component school districts   { - and
registration of children being taught by private teachers,
parents or legal guardians pursuant to ORS 339.035 - } .
  (e) Other services that an education service district is
required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
  (3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs.
  (4) A local service plan shall also contain annual performance
measures for the education service district.
  (5) A local service plan must:
  (a) Be adopted by the board of the education service district.
  (b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
  (6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
  (7) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school or a preschool.
  (8) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district. In
addition, an education service district may contract with a
public or private entity for the provision of services.
  SECTION 4. ORS 336.668 is amended to read:
  336.668. As used in ORS 336.668 to 336.675:
  (1) 'Qualified homeschooled child' means a child   { - who is
registered as a child who is taught by a parent, legal guardian
or private teacher under ORS 339.035 - }   { + who is taught by a
private teacher, parent or legal guardian as described in ORS
339.030 (1)(d) and (e) + } and who is:
  (a) A resident of a county with a population of more than
320,000 but less than 325,000 according to the federal decennial
census conducted in 2000; or
  (b) A resident of a school district that contracted with a
qualified private alternative education program prior to the
2007-2008 school year.
  (2) 'Qualified private alternative education program' means a
private alternative education program that:
  (a) First contracted with a qualified school district beginning
with the 1996-1997 school year, and has continued to have a
contract with a qualified school district through the 2006-2007
school year, to provide services to homeschooled students; and
  (b) Is in compliance with ORS 336.615 to 336.675 and rules
adopted by the State Board of Education that relate to private
alternative education programs.
  (3) 'Qualified school district' means a school district:
  (a) With an administrative office located in the county seat of
a county with a population of more than 320,000 but less than
325,000 according to the federal decennial census conducted in
2000; and
  (b) That had a contract with a qualified private alternative
education program during the 2006-2007 school year.
  SECTION 5. ORS 807.066 is amended to read:
  807.066. The Department of Transportation shall not issue
driving privileges to a person who is under 18 years of age
unless the person:
  (1) Has graduated from high school and provides the department
with proof of graduation satisfactory to the department;
  (2) Has received a General Educational Development (GED)
certificate from a community college and provides the department
with proof of the certificate satisfactory to the department;
  (3) Provides the department with a form provided by the
department and signed by the principal, or the designee of the
principal, of the secondary school attended by the person that
declares that the person is enrolled in a secondary school of
this state or any other state;
  (4) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a General
Educational Development (GED) certificate;
  (5) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a high school
diploma;
  (6) Provides the department with a form provided by the
department and signed by   { - the authorized representative of
the education service district or school district having
jurisdiction over the area of the person's residence that
declares that the person is being taught by a private teacher or
parent in compliance with ORS 339.035 - }  { +  a parent or legal
guardian of the person that declares that the person is taught by
a private teacher or by a parent or legal guardian of the
person + };
  (7) Provides the department with documentation satisfactory to
the department that indicates that the person is exempted from
school attendance requirements due to circumstances beyond the
control of the person; or
  (8) Provides the department with documentation satisfactory to
the department that the person is exempt under ORS 339.030 (2)
from the requirement to attend school.
  SECTION 6.  { + ORS 339.035 is repealed. + }
  SECTION 7.  { + (1) The amendments to ORS 334.175, 336.668,
339.460, 339.990 and 807.066 by sections 1 to 5 of this 2011 Act
and the repeal of ORS 339.035 by section 6 of this 2011 Act apply
to children taught by a private teacher, parent or legal guardian
on or after July 1, 2011.
  (2) The amendments to ORS 807.066 by section 5 of this 2011 Act
apply to driving privileges issued on or after July 1, 2011. + }
  SECTION 8.  { + 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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