Bill Text: OR SB800 | 2011 | Regular Session | Enrolled
Bill Title: Relating to education.
Spectrum: Slight Partisan Bill (Democrat 19-10)
Status: (Passed) 2011-06-09 - Effective date, January 1, 2012. [SB800 Detail]
Download: Oregon-2011-SB800-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 800
Sponsored by Senator BONAMICI, Representative WINGARD; Senators
BURDICK, DEVLIN, EDWARDS, GEORGE, GIROD, HASS, JOHNSON, KRUSE,
MONNES ANDERSON, MORSE, SHIELDS, STARR, VERGER, Representatives
BERGER, BUCKLEY, CANNON, DEMBROW, DOHERTY, GARRETT, GREENLICK,
HOLVEY, HUFFMAN, HUNT, KOMP, READ, SPRENGER, WHISNANT (at the
request of Department of Education, Oregon Education
Association, Oregon School Boards Association, Oregon
Association of Education Service Districts, Confederation of
Oregon School Administrators, Oregon School Employees
Association, American Federation of Teachers?Oregon)
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
326.051, 326.320, 326.575, 327.023, 327.297, 329.105, 329.115,
329.451, 330.095, 330.113, 332.075, 332.172, 336.479, 337.030,
337.060, 337.110, 338.095, 339.250, 339.270, 339.315, 342.664
and 342.726; and repealing ORS 329.159, 329.228, 329.875,
330.425, 330.430, 330.435, 332.593, 335.105, 335.515, 336.088,
336.116, 336.135, 336.176, 336.177, 336.181, 336.245, 336.375,
336.390, 336.400, 336.410, 336.420, 336.668, 336.670, 336.673,
336.675, 337.100, 337.285, 337.288, 338.185, 339.260, 339.430
and 340.085 and section 4, chapter 846, Oregon Laws 2007.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 326.320 is amended to read:
326.320. { - The Superintendent of Public Instruction
shall: - }
{ - (1) Prepare and distribute to the various school officers
materials necessary for the administration of the school laws and
cause to be printed materials necessary for the information of
school officers and teachers. - }
{ - (2) Annotate and compile all school laws ordered
published by the State Board of Education. - }
{ - (3) - } { + (1) + } Except as otherwise provided by law
or by rules of the State Board of Education, { + the
Superintendent of Public Instruction shall + } establish and
collect fees for supplies and publications compiled and furnished
by the Department of Education and distributed or sold to other
persons or groups. { - Such charges shall - } { + The fees
may + } not exceed costs of production plus mailing and other
distribution costs.
{ - (4) - } { + (2) The superintendent shall + } deposit
all moneys received under subsection { - (3) - } { + (1) + }
of this section in the { - State Treasury. Such moneys shall be
credited to the Education Cash Account of the Department of
Education and are continuously appropriated - } { + Education
Enrolled Senate Bill 800 (SB 800-INTRO) Page 1
Cash Account established by ORS 327.485 + }. The Department of
Education shall keep a record of all moneys deposited in
{ - such - } { + the + } account. The record shall indicate by
separate cumulative accounts the source from which the moneys are
derived and the individual activity against which each withdrawal
is charged.
SECTION 2. ORS 326.575 is amended to read:
326.575. (1) Within 10 days of a student's seeking initial
enrollment in a public or private school or when a student is
placed in a state institution, other than an institution of
post-secondary education, or a private agency, detention facility
or youth care center, the school, institution, agency, facility
or center shall notify the public or private school or the
institution, agency, facility or center in which the student was
formerly enrolled and shall request the student's education
records.
(2) { - Subject to ORS 339.260, - } Any public or private
school, state institution, private agency, detention facility or
youth care center receiving the request described in subsection
(1) of this section shall transfer all student education records
relating to the particular student to the requesting school,
institution, agency, facility or center no later than 10 days
after the receipt of the request. The education records shall
include any education records relating to the particular student
retained by an education service district.
(3) Notwithstanding subsections (1) and (2) of this section,
for students who are in substitute care programs:
(a) A school, institution, agency, facility or center shall
notify the school, institution, agency, facility or center in
which the student was formerly enrolled and shall request the
student's education records within five days of the student
seeking initial enrollment; and
(b) Any school, institution, agency, facility or center
receiving a request for a student's education records shall
transfer all student education records relating to the particular
student to the requesting school, institution, agency, facility
or center no later than five days after the receipt of the
request.
(4) Each educational institution that has custody of the
student's education records shall annually notify parents and
eligible students of their right to review and propose amendments
to the records. The State Board of Education shall specify by
rule the procedure for reviewing and proposing amendments to a
student's education records. If a parent's or eligible student's
proposed amendments to a student's education records are rejected
by the educational institution, the parent or eligible student
shall receive a hearing on the matter. The State Board of
Education shall specify by rule the procedure for the hearing.
(5) As used in this section:
(a) 'Detention facility' has the meaning given that term in ORS
419A.004.
(b) 'Educational institution' means a public or private school,
education service district, state institution, private agency or
youth care center.
(c) 'Private agency' means an agency with which the Department
of Education contracts under ORS 343.961.
(d) 'Substitute care program' has the meaning given that term
in ORS 339.133.
(e) 'Youth care center' means a center as defined in ORS
420.855.
Enrolled Senate Bill 800 (SB 800-INTRO) Page 2
SECTION 3. ORS 327.023 is amended to read:
327.023. In addition to those moneys distributed through the
State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or support for
special and compensatory education programs including:
(1) The Oregon School for the Deaf.
(2) Medicaid match for administration efforts to secure
Medicaid funds for services provided to children with
disabilities.
(3) Hospital programs for education services to children who
are hospitalized for extended periods of time or who require
hospitalization due to severe disabilities as described in ORS
343.261.
(4) Private agency programs for education services to children
who are placed by the state in long term care or treatment
facilities as described in ORS 343.961.
(5) Regional services provided to children with low-incidence
disabling conditions as described in ORS 343.236.
(6) Early childhood special education provided to preschool
children with disabilities from age three until age of
eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7) Early intervention services for preschool children from
birth until age three as described in ORS 339.185, 343.035,
343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services for children with disabilities to
determine program eligibility and needs as described in ORS
343.146.
(9) Education services to children residing at state hospitals.
(10) Disadvantaged children program under ORS 343.680.
(11) Early childhood education under ORS { - 329.228 and - }
329.235.
(12) Child development specialist program under ORS 329.255.
(13) Youth care centers under ORS 420.885.
(14) Staff development and mentoring.
(15) Career and technical education grants.
(16) Special science education programs.
(17) Talented and Gifted children program under ORS 343.391 to
343.413.
SECTION 4. ORS 327.297 is amended to read:
327.297. (1) In addition to those moneys distributed through
the State School Fund, the Department of Education shall award
grants to school districts, education service districts, the
Youth Corrections Education Program and the Juvenile Detention
Education Program for activities that relate to increases in
student achievement, including:
(a) Early childhood support including establishing, maintaining
or expanding quality prekindergarten programs and full-day
kindergarten programs;
(b) Class size reduction with an emphasis on the reduction of
kindergarten through grade three class sizes;
(c) Increases in instructional time including summer programs
and before- and after-school programs;
(d) Mentoring, teacher retention and professional development;
(e) Remediation, alternative learning and student retention;
(f) Services to at-risk youth;
(g) Programs to improve a student achievement gap between
student groups identified by culture, poverty, language and race
and other student groups;
Enrolled Senate Bill 800 (SB 800-INTRO) Page 3
(h) Vocational education programs;
(i) Literacy programs;
(j) School library programs; and
(k) Other research-based student improvement strategies
approved by the State Board of Education.
(2)(a) Each school district, each education service district,
the Youth Corrections Education Program and the Juvenile
Detention Education Program may apply to the Department of
Education for a grant.
(b) The department shall review and approve applications based
on criteria established by the State Board of Education. In
establishing the criteria, the State Board of Education shall
consider the recommendations of the Quality Education Commission
established under ORS 327.500.
(c) The applications shall include the activities to be funded
and the goals of the district or program for increases in student
performance. The applications shall become part of the local
district continuous improvement plan described in ORS 329.095.
{ - (3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section
toward the performance targets established by the Quality
Education Commission. The evaluation shall become part of the
requirements of the department for assessing the effectiveness of
the district under ORS 329.085, 329.095 and 329.105. The
department shall ensure district and program accountability by
providing appropriate assistance, intervening and establishing
consequences in order to support progress toward the performance
targets. - }
{ - (4) Each biennium the Department of Education shall issue
a report to the Legislative Assembly on the grant program and the
results of the grant program. - }
{ - (5)(a) - } { + (3)(a) + } Notwithstanding ORS 338.155
(9), the Department of Education may not award a grant under this
section directly to a public charter school.
(b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities
specified in subsection (1) of this section.
{ - (6)(a) - } { + (4)(a) + } The amount of each grant for
a program or school district = the program's or school district's
ADMw X (the total amount available for distribution to programs
and school districts as grants in each fiscal year : the total
ADMw of all programs and school districts that receive a grant).
(b) The amount of each grant for an education service district
= the education service district's ADMw X (the total amount
available for distribution to education service districts as
grants in each fiscal year : the total ADMw of all education
service districts that receive a grant).
(c) As used in this subsection, 'ADMw' means:
(A) For a school district, the extended weighted average daily
membership as calculated under ORS 327.013, 338.155 (1) and
338.165 (3);
(B) For the Youth Corrections Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 2.0;
(C) For the Juvenile Detention Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 1.5; and
Enrolled Senate Bill 800 (SB 800-INTRO) Page 4
(D) For an education service district, the sum of the ADMw of
the component school districts of the education service district.
{ - (7) - } { + (5) + } Each district or program shall
deposit the grant amounts it receives under this section in a
separate account, and shall apply amounts in that account to pay
for activities described in the district's or program's
application.
{ - (8) - } { + (6) + } The State Board of Education may
adopt any rules necessary for the administration of the grant
program.
SECTION 5. ORS 329.105 is amended to read:
329.105. (1) The Superintendent of Public Instruction shall
collect data and produce annual school district and school
performance reports { - containing information on student
performance, student behavior and school characteristics. The
purpose of the performance reports is - } to provide information
to parents and to improve schools { - through greater parental
involvement - } .
{ - (2)(a) In consultation with representatives of parents,
teachers, school district boards and school administrators, the
State Board of Education shall adopt, by rule, criteria for
identifying outstanding schools, satisfactory schools and schools
in need of improvement. Such criteria shall take into account
student performance, improvement in student performance, the
participation rate of students on the statewide assessments,
student attendance rates and graduation rates. The Superintendent
of Public Instruction, based on the criteria adopted by the State
Board of Education, shall assign a rating to each school that
identifies the school as outstanding, satisfactory or in need of
improvement. - }
{ - (b) The ratings received by a school shall be included in
the school district and school performance reports. - }
{ - (c) If a school is designated as in need of improvement,
the school shall file a school improvement plan with the
Superintendent of Public Instruction and with the school district
board. - }
{ - (d) The Department of Education shall work with
stakeholders to design and implement an accountability system of
progressive interventions for and provide technical assistance to
schools and school districts that do not demonstrate
improvement. - }
{ - (3) The Superintendent of Public Instruction shall
include in the school performance reports data for the following
areas, for each school, that are available to the Department of
Education from the most recent school year: - }
{ - (a) Enrollment in English as a second language courses
under ORS 336.079; - }
{ - (b) Attendance rates; - }
{ - (c) School safety, such as expulsions involving weapons
in the school; - }
{ - (d) Disaggregated data on students who met or exceeded
the academic content standards established by the board; - }
{ - (e) Dropout rates and the number of students who dropped
out of school; - }
{ - (f) Parent and community involvement such as volunteer
hours; - }
{ - (g) The percentage of classes taught by a teacher
identified as highly qualified under rules adopted by the United
States Department of Education; and - }
{ - (h) School staff, identified by category. - }
Enrolled Senate Bill 800 (SB 800-INTRO) Page 5
{ - (4) The Superintendent of Public Instruction shall
include in the school district performance reports data for the
following areas, for each school district, that are available to
the Department of Education from the most recent school year: - }
{ - (a) Resident students who attend a public school in
another school district; - }
{ - (b) Facilities used for distance learning; - }
{ - (c) Election results of any bond levy proposed to the
electors of the district; - }
{ - (d) Expenditures; - }
{ - (e) Level of support from the education service
district; - }
{ - (f) Administrators not assigned to a specific school; - }
{ - (g) School district staff, identified by category;
and - }
{ - (h) Students who are eligible for special education. - }
{ - (5) The Superintendent of Public Instruction shall notify
the public and the media by January 30 of each year that school
district and school performance reports are available at schools
and school districts and at the Department of Education website
and offices. The superintendent shall also include notice that
copies of school improvement plans and district continuous
improvement plans can be obtained from school and school district
offices. Each school district shall send a copy of the school
district and applicable school performance reports to each parent
of a child enrolled in a public school in the school
district. - }
{ + (2) The superintendent shall include in the school
district and school performance reports data for the following
areas, for each school or district, that are available to the
Department of Education from the most recent school year:
(a) Data required by the federal No Child Left Behind Act of
2001 (P.L. 107-110, 115 Stat. 1425); and
(b) Any other data identified by the Department of Education as
required by federal law to be in the reports.
(3) In addition to the data required by subsection (2) of this
section, the superintendent may include other data on the school
district and school performance reports.
(4) The department shall work with stakeholders to:
(a) Design and implement an accountability system of
progressive interventions for schools and school districts that
do not demonstrate improvement; and
(b) Provide technical assistance to schools and school
districts that do not demonstrate improvement. + }
SECTION 6. ORS 329.115 is amended to read:
329.115. (1) Prior to December 1 of each year, the
Superintendent of Public Instruction shall issue an Oregon Report
Card on the state of the public schools { + of this state. + }
{ - and progress toward achieving the goals contained in ORS
329.025. The purpose of the Oregon Report Card is to monitor
trends among school districts and Oregon's progress toward
achieving the goals stated in this chapter and the Department of
Education key performance measures established by the Oregon
Progress Board. - }
{ - (2) The Oregon Report Card shall include information on
the following: - }
{ - (a) Student performance on Oregon state assessments and
national assessments; - }
Enrolled Senate Bill 800 (SB 800-INTRO) Page 6
{ - (b) Data required by the federal No Child Left Behind Act
of 2001 (P.L. 107-110, 115 Stat. 1425); - }
{ - (c) Public school funding, expenditures and employee
salary information; - }
{ - (d) Instructional hours; - }
{ - (e) School staff information; - }
{ - (f) District size, student demographics and student
enrollment; - }
{ - (g) Dropout rates; - }
{ - (h) Alternative education programs; - }
{ - (i) Public charter schools; - }
{ - (j) Early childhood education and Oregon prekindergarten;
and - }
{ - (k) Programs for students with special needs. - }
{ + (2) The Oregon Report Card shall include information on
the following:
(a) Data required by the federal No Child Left Behind Act of
2001 (P.L. 107-110, 115 Stat. 1425); and
(b) Any other data identified by the Department of Education as
required by federal law.
(3) In addition to the information required under subsection
(2) of this section, the superintendent may include other
information in the Oregon Report Card. + }
SECTION 7. 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 (7) of this section, an extended
diploma to a student who satisfies the requirements established
by subsection (8) of this section or an alternative certificate
to a student who satisfies the requirements established by
subsection (9) of this section.
(c) A school district or public charter school may not deny a
student who has the documented history described in subsection
(7)(b) or (8)(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 the
consent of the parent or guardian of the student.
(2) 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) Twenty-four total credits;
(b) Three credits of mathematics; and
(c) Four credits of English.
(3) Notwithstanding subsection (2) of this section, a school
district or public charter school may award a high school diploma
to a student who does not satisfy the requirements of subsection
(2)(b) or (c) of this section if the student:
(a) Has met or exceeded the academic content standards for
mathematics or English established by the board, as demonstrated
on Oregon state assessments; or
Enrolled Senate Bill 800 (SB 800-INTRO) Page 7
(b) Displays proficiency in mathematics or English at a level
established by the board.
(4) 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 the consent of the
student's parent or guardian, the school district or public
charter school shall award a high school diploma to the student
upon request from the student.
(5) If a school district or public charter school has the
consent of a student's parent or guardian, 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.
(6) The requirement for obtaining the consent of a student's
parent or guardian under subsections (4) and (5) of this section
does not apply to a student who is:
(a) Emancipated pursuant to ORS 419B.550 to 419B.558; or
(b) 18 years of age or older.
(7) 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.
(8) 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.
Enrolled Senate Bill 800 (SB 800-INTRO) Page 8
(9) 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.
(10) A student who receives a modified diploma, an extended
diploma or an alternative certificate shall have the option of
participating in a high school graduation ceremony with the class
of the student.
(11) A school district or public charter school shall:
(a) Ensure that students have 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.
{ - (12) The State Board of Education shall submit for review
by the legislative committees on education or the interim
legislative committees on education, as appropriate, any proposed
rules to implement requirements for a high school diploma, a
modified diploma, an extended diploma or an alternative
certificate prior to the adoption of those rules by the
board. - }
SECTION 8. ORS 330.095 is amended to read:
330.095. (1) Subject to ORS 332.118, the request or petition
for proposed change or merger in school districts shall:
(a) Be directed to the district boundary board of the county or
counties having jurisdiction over the affected school districts;
(b) Contain the names and numbers of districts affected by the
change;
(c) Contain a concise statement of the type of change requested
and, if only a portion of the school district is involved,
contain a legal description thereof; and
(d) If a petition of electors from affected districts is
involved, contain the signatures and residence addresses or
mailing addresses of the petitioners and the names of the school
districts in which they reside.
(2) If a merger is requested or petitioned, the request or
petition shall also contain proposals for distribution of debt.
(3) When any proposed boundary change or merger affects school
districts under the jurisdiction of different district boundary
boards, the proposed change or merger shall first be acted upon
by the district boundary board of the county in which lies the
most populous district, and must be submitted to the district
boundary board of the other affected county or counties.
(4) Any proposed merger may contain a recommendation that the
new district retain the same name and number as the most populous
school district in the merger or a recommendation for a new name
for the district { - , a request for the formation of school
committees as described in ORS 330.425 - } and a request that
the number of members of the district school board be increased
to seven members.
SECTION 9. ORS 330.113 is amended to read:
Enrolled Senate Bill 800 (SB 800-INTRO) Page 9
330.113. (1) When two or more school districts are merged as
provided by law, the affected districts shall be considered
merged into the most populous district and:
(a) Unless the district school boards or the petitioners
requesting the merger recommend that the enlarged school district
retain the same name and number which was previously assigned to
the most populous district included in the merger, the district
boundary board shall give the enlarged district the new name
recommended under ORS 330.095, and the county assessor shall
assign a new number that has not previously been used. However,
if the boundaries of the enlarged school district are the same as
the boundaries of the county, the official name of the enlarged
school district shall be ____ (name of county) County School
District.
(b) The school districts included in the merger shall become
identified with the newly named district or the most populous
district.
(c) The employees of the component districts shall be
considered to be employees of the enlarged district, which shall
succeed the other districts in such merger as a party to their
respective contracts of employment.
(d) No school district employee shall be deprived of seniority
or accumulated sick leave solely because the duties of the
employee have been assumed or acquired by another school district
as a result of a merger or boundary change.
(2) The board of directors of the most populous district shall
constitute the board of directors of the enlarged district and
the terms of all other directors of component districts shall
expire on the effective date of the merger except that the number
of directors may be increased to seven members { - and school
committees may be authorized pursuant to ORS 330.425 - } .
(3) All real and personal property belonging to the districts
within the enlarged district shall become the property of the
enlarged district.
(4) When a petition or request for a merger of school districts
contains proposals for distribution of debt as provided in ORS
330.095 and the district boundary board in the manner provided in
ORS 330.101 declares such merger effective, the district school
board of the enlarged district is authorized to levy taxes in
conformity with such proposals.
(5) Notwithstanding ORS 328.555, school districts requesting a
boundary change in response to chapter 393, Oregon Laws 1991,
shall, as part of the boundary change request under ORS 330.092,
provide for the distribution of existing debt, if any.
SECTION 10. ORS 332.172 is amended to read:
332.172. (1) { - Subject to ORS 330.430, - } The district
school board may permit the use of school buildings and grounds
for civic and recreational purposes, including use for:
(a) Supervised recreational activities;
(b) Meeting places for discussion of all subjects and questions
which in the judgment of the residents may relate to the
educational, political, economic, artistic and moral interests of
the residents, giving equal rights and privileges to all
religious denominations and political parties; and
(c) Such other proper purposes as may be determined by the
board.
(2) The district school board may appoint a special supervising
officer to have charge of the buildings and grounds, preserve
order, protect school property and do all things necessary in the
Enrolled Senate Bill 800 (SB 800-INTRO) Page 10
capacity of a peace officer to carry out the provisions of this
section.
(3) The district school board may establish a schedule of fees
and collect fees pursuant to the schedule for use of school
buildings and grounds and other facilities, including but not
limited to gymnasium equipment, swimming pools, athletic fields
and tennis courts.
(4) Expenses for light, heat, janitor services and services of
the special supervising officer provided in connection with use
of buildings and grounds under this section which are not covered
by the fees charged under subsection (3) of this section shall be
paid out of the county or special school funds of the district in
the same manner that other similar services are paid.
(5) The district school board shall make rules governing the
use of school buildings and grounds under this section.
SECTION 11. ORS 337.030 is amended to read:
337.030. The Superintendent of Public Instruction
{ - shall - } , under the direction of the State Board of
Education, { - mail a copy of a circular to all the leading
school textbook publishers in the United States. The circular
shall contain: - } { + shall provide annual notice to school
textbook and instructional materials publishers in the United
States about the textbook and instructional materials review and
selection process. The superintendent may satisfy the requirement
of this section by publishing the notice on the website of the
Department of Education. The notice shall contain: + }
{ - (1) The name and post-office address of the State Board
of Education. - }
{ - (2) - } { + (1) + } The time and place of meeting of
the board to review and adopt textbooks { + and instructional
materials + }.
{ - (3) - } { + (2) + } The general form of the proposal to
be followed by publishers in submitting textbooks { + and
instructional materials + } for review and adoption.
{ - (4) - } { + (3) + } The general form of contract to be
entered into between the board and a publisher whose textbooks
{ + or instructional materials + } may be adopted.
{ - (5) - } { + (4) + } The { - branches of study - }
{ + subject areas + } for which textbooks { + or instructional
materials + } are to be adopted.
{ - (6) - } { + (5) + } The statutory provisions relating
to the review and adoption of textbooks { + and instructional
materials + }.
{ - (7) - } { + (6) + } Such additional information as may
be considered useful.
SECTION 12. ORS 337.060 is amended to read:
337.060. (1) The proposals of each publisher shall be submitted
to the Department of Education in writing and shall be responsive
to the requirements of ORS 337.030 { - (3) and (4) - } { +
(2) and (3) + }, and such other information relating to the terms
and conditions under which the publisher proposes to furnish
textbooks { + or instructional materials + } as the State Board
of Education may require.
(2) In addition to the material required under subsection (1)
of this section, the proposal shall include documentation and
analysis on each textbook { + or instructional material + }
showing how it conforms to the guidelines and criteria adopted by
the State Board of Education for the review and adoption of
textbooks { + and instructional materials + }.
SECTION 13. ORS 337.110 is amended to read:
Enrolled Senate Bill 800 (SB 800-INTRO) Page 11
337.110. If at any time during the period for which a textbook
or other instructional material is on the approved list adopted
under ORS 337.050, it becomes necessary for the State Board of
Education to adopt any textbook or other instructional material
instead of those regularly adopted, the chairperson of the board
may call a special session of the board. It may, upon convening,
adopt such textbook or other instructional material in the same
manner as other textbooks or other instructional materials are
required to be adopted { - ; except the Superintendent of Public
Instruction need not in such case cause circulars described in
ORS 337.030 to be sent to publishers - } .
SECTION 14. ORS 338.095 is amended to read:
338.095. (1) A public charter school shall report to the
sponsor and the { - State Board - } { + Department + } of
Education at least annually on the performance of the school and
its students. A public charter school shall disclose in its
report information necessary to make a determination of
compliance with the requirements of this chapter. The sponsor or
the sponsor's designee at least annually shall visit the public
charter school site and review the public charter school's
compliance with the terms and provisions of the charter.
(2) The public charter school shall have an annual audit of the
accounts of the public charter school prepared in accordance with
the Municipal Audit Law, ORS 297.405 to 297.555 and 297.990.
{ + The school shall forward a copy of the annual audit to the
Department of Education.
(3) + } After an audit, the following shall be forwarded to the
sponsor { + : + } { - , the State Board of Education and the
Department of Education: - }
(a) A copy of the annual audit;
(b) Any statements from the public charter school that show the
results of all operations and transactions affecting the
financial status of the public charter school during the
preceding annual audit period for the school; and
(c) A balance sheet containing a summary of the assets and
liabilities of the public charter school as of the closing date
of the preceding annual audit period for the school.
(3) The State Board of Education may require public charter
schools to file reports with the Department of Education as
necessary to enable the department to gather information on
public charter schools for inclusion in the Oregon Report Card
issued pursuant to ORS 329.115.
SECTION 15. ORS 339.270 is amended to read:
339.270. (1) If a school district finds that a student is
responsible for damaging school district property, the school
district { - shall - } { + may + } determine the reasonable
cost of repairing or replacing the school district property. If
the cost is $50 or more, the school district { - shall - }
{ + may + } notify the student and the parent or guardian of the
student about the cost and { - shall - } { + may + } charge
the student or the parent or guardian of the student for the cost
of repairing or replacing the school district property. If the
amount is not paid by the student or the parent or guardian of
the student, or if other arrangements have not been made, within
10 days of receiving the notice under this subsection, the amount
shall become a debt owed by the student or the parent or guardian
of the student { + . + } { - , and the school district shall
withhold the grade reports, diploma and records of the student
pursuant to ORS 339.260. - }
Enrolled Senate Bill 800 (SB 800-INTRO) Page 12
{ - (2) If the cost of repairing or replacing school district
property is less than $50, the school district may proceed under
this section to collect the debt. - }
{ - (3) - } { + (2) + } If the debt owed to the school
district is not paid as demanded, the school district board, in
addition to any other remedy provided by law, may bring an action
under this section against the student or parent or guardian of
the student in a court of competent jurisdiction for the amount
owed to the school district plus costs and reasonable attorney
fees.
SECTION 16. ORS 342.664 is amended to read:
342.664. (1) The State Board of Education shall establish by
rule the ratio of the number of pupils to the number of staff
members who must hold current, recognized first aid cards in each
school.
(2) In order to attain or maintain the ratio set under
subsection (1) of this section, the district may require any
staff member as a condition of employment to hold a current,
recognized first aid card. The staff member shall have 90 days
from the date on which the district imposes the requirement to
obtain the first aid card.
(3) The district may waive the requirement of subsection (2) of
this section for any staff member who is unable by reason of
disability to obtain a recognized first aid card.
{ - (4) The district shall certify annually to the Department
of Education that it complies with the ratio requirement set
under subsection (1) of this section. - }
SECTION 17. ORS 326.051 is amended to read:
326.051. Subject to ORS 417.300 and 417.305:
(1) In addition to such other duties as are prescribed by law
and pursuant to the requirement of ORS chapter 183, the State
Board of Education shall:
(a) Establish state standards for public kindergartens and
public elementary and secondary schools consistent with the
policies stated in ORS 326.011.
(b) Adopt rules for the general governance of public
kindergartens and public elementary and secondary schools and
public community colleges.
(c) Prescribe required or minimum courses of study.
(d) Adopt rules regarding school and interscholastic activities
{ - in accordance with standards established pursuant to
paragraph (f) of this subsection - } .
(e) Adopt rules that provide that no public elementary or
secondary school shall discriminate in determining participation
in interscholastic activities. As used in this paragraph, '
discrimination' has the meaning given that term in ORS 659.850.
{ - (f) Adopt standards applicable to voluntary organizations
that administer interscholastic activities as provided in ORS
339.430. - }
{ - (g) - } { + (f) + } Adopt rules that will eliminate the
use and purchase of elemental mercury, mercury compounds and
mercury-added instructional materials by public elementary and
secondary schools.
(2) The State Board of Education may:
(a) Consistent with the laws of this state, accept money or
property not otherwise provided for under paragraph (b) of this
subsection, which is donated for the use or benefit of the public
kindergartens and public elementary and secondary schools and
public community colleges and use such money or property for the
purpose for which it was donated. Until it is used, the board
Enrolled Senate Bill 800 (SB 800-INTRO) Page 13
shall deposit any money received under this paragraph in a
special fund with the State Treasurer as provided in ORS 293.265
to 293.275.
(b) Apply for federal funds and accept and enter into any
contracts or agreements on behalf of the state for the receipt of
such funds from the federal government or its agencies for:
(A) Educational purposes, including but not limited to any
funds available for the school lunch program;
(B) Career and technical education programs;
(C) Adult education programs;
(D) Workforce training programs; and
(E) Any grants available to the state or its political
subdivisions for general federal aid for public kindergartens,
public elementary schools, public secondary schools and public
community colleges and their auxiliary services, improvement of
teacher preparation, teacher salaries, construction of school
buildings, administration of the Department of Education and any
other educational activities under the jurisdiction of the State
Board of Education.
(c) Adopt rules to administer the United States Department of
Agriculture's National School Lunch Program and School Breakfast
Program for public and private prekindergarten through grade 12
schools and residential child care facilities.
(3) The State Board of Education shall provide a separate,
identifiable place on its agenda six times a year for community
college issues. The state board may also consider matters
affecting community colleges at any regular or special meeting.
SECTION 18. ORS 332.075 is amended to read:
332.075. (1) Any district school board may:
(a) Fix the days of the year and the hours of the day when
schools shall be in session.
(b) Adopt textbooks and other instructional materials as
provided in ORS 337.120 and 337.141 and courses of study for the
use of such schools as provided in ORS 336.035.
(c) Authorize the use of the schools for purposes of training
students of an approved teacher education institution, as defined
in ORS 342.120, and for such purposes may enter into contracts
with the approved teacher education institutions on such terms as
may be agreed upon. Such contracts as they relate to student
teachers shall have the same effect and be subject to the same
regulations as a contract between a licensed teacher and a
district school board.
(d) Develop and operate with other school districts or
community college districts secondary career and technical
education programs for pupils of more than one district and fix
by agreement the duration of the district's obligation to
continue such activity, subject to the availability of funds
therefor.
(e) Authorize the school district to be a member of and pay
fees, if any, to any voluntary organization { - , approved under
ORS 339.430, - } that administers interscholastic activities or
that facilitates the scheduling and programming of
interscholastic activities.
(f) Accept money or property donated for the use or benefit of
the school district and, consistent with the laws of this state,
use such money or property for the purpose for which it was
donated.
(2) All contracts of the school district must be approved by
the district school board before an order can be drawn for
payment. If a contract is made without the authority of the
Enrolled Senate Bill 800 (SB 800-INTRO) Page 14
district school board, the individual making such contract shall
be personally liable.
(3) Notwithstanding subsection (2) of this section, a district
school board may, by resolution or policy, authorize its
superintendent or the superintendent's designee to enter into and
approve payment on contracts for products, materials, supplies,
capital outlay, equipment and services that are within
appropriations made by the district school board pursuant to ORS
294.435. A district school board may not authorize its
superintendent or the superintendent's designee under this
subsection to enter into and approve payment on contracts that
are collective bargaining agreements or service contracts that
include the provision of labor performed by employees of the
school district.
SECTION 19. ORS 336.479 is amended to read:
336.479. (1) As used in this section, 'participation' means
participation in sports practices and actual interscholastic
sports competition.
(2) Each school district shall require students who participate
in extracurricular sports in grades 7 through 12 in the schools
of the district to have a physical examination prior to
participation. A person conducting the physical examination shall
use a form and protocol prescribed by rule of the State Board of
Education pursuant to subsection (6) of this section.
(3) A school district shall require students who continue to
participate in extracurricular sports in grades 7 through 12 to
have a physical examination once every two years.
(4) Notwithstanding subsection (3) of this section, a school
district shall require a student who is diagnosed with a
significant illness or has had a major surgery to have a physical
examination prior to further participation in extracurricular
sports.
(5) Any physical examination required by this section shall be
conducted by a:
(a) Physician possessing an unrestricted license to practice
medicine;
(b) Licensed naturopathic physician;
(c) Licensed physician assistant;
(d) Certified nurse practitioner; or
(e) Licensed chiropractic physician who has clinical training
and experience in detecting cardiopulmonary diseases and defects.
(6) The State Board of Education shall by rule prescribe the
form and protocol to be used for physical examinations required
by this section. { - The board shall consult with a voluntary
organization approved by the State Board of Education under ORS
339.430 in adopting rules under this section. - }
SECTION 20. ORS 339.250 is amended to read:
339.250. (1) Public school students shall comply with rules for
the government of such schools, pursue the prescribed course of
study, use the prescribed textbooks and submit to the teachers'
authority.
(2) Pursuant to the written policies of a district school
board, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force
upon a student when and to the extent the individual reasonably
believes it necessary to maintain order in the school or
classroom or at a school activity or event, whether or not it is
held on school property. The district school board shall adopt
written policies to implement this subsection and shall inform
such individuals of the existence and content of these policies.
Enrolled Senate Bill 800 (SB 800-INTRO) Page 15
(3) The district school board may authorize the discipline,
suspension or expulsion of any refractory student and may suspend
or expel any student who assaults or menaces a school employee or
another student. The age of a student and the past pattern of
behavior of a student shall be considered prior to a suspension
or expulsion of a student. As used in this subsection 'menace '
means by word or conduct the student intentionally attempts to
place a school employee or another student in fear of imminent
serious physical injury.
(4)(a) Willful disobedience, willful damage or injury to school
property, use of threats, intimidation, harassment or coercion
against any fellow student or school employee, open defiance of a
teacher's authority or use or display of profane or obscene
language is sufficient cause for discipline, suspension or
expulsion from school.
(b) District school boards shall develop policies on managing
students who threaten violence or harm in public schools. The
policies adopted by a school district shall include staff
reporting methods and shall require an administrator to consider:
(A) Immediately removing from the classroom setting any student
who has threatened to injure another person or to severely damage
school property.
(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the
office of the school principal, vice principal, assistant
principal or counselor or a school psychologist licensed by the
Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
(C) Requiring the student to be evaluated by a licensed mental
health professional before allowing the student to return to the
classroom setting.
(c) The administrator shall notify the parent or legal guardian
of the student's behavior and the school's response.
(d) District school boards may enter into contracts with
licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection.
(e) District school boards shall allocate any funds necessary
for school districts to implement the policies adopted under
paragraph (b) of this subsection.
(5) Expulsion of a student shall not extend beyond one calendar
year and suspension shall not extend beyond 10 school days.
(6)(a) Notwithstanding subsection (5) of this section, a school
district shall have a policy that requires the expulsion from
school for a period of not less than one year of any student who
is determined to have:
(A) Brought a weapon to a school, to school property under the
jurisdiction of the district or to an activity under the
jurisdiction of the school district;
(B) Possessed, concealed or used a weapon in a school or on
school property or at an activity under the jurisdiction of the
district; or
(C) Brought to or possessed, concealed or used a weapon at an
interscholastic activity administered by a voluntary organization
{ - approved by the State Board of Education under ORS
339.430 - } .
(b) The policy shall allow an exception for courses, programs
and activities approved by the school district that are conducted
on school property, including but not limited to hunter safety
courses, Reserve Officer Training Corps programs, weapons-related
sports or weapons-related vocational courses. In addition, the
Enrolled Senate Bill 800 (SB 800-INTRO) Page 16
State Board of Education may adopt by rule additional exceptions
to be included in school district policies.
(c) The policy shall allow a superintendent to modify the
expulsion requirement for a student on a case-by-case basis.
(d) The policy shall require a referral to the appropriate law
enforcement agency of any student who is expelled under this
subsection.
(e) For purposes of this subsection, 'weapon' includes a:
(A) 'Firearm' as defined in 18 U.S.C. 921;
(B) 'Dangerous weapon' as defined in ORS 161.015; or
(C) 'Deadly weapon' as defined in ORS 161.015.
(7) The Department of Education shall collect data on any
expulsions required pursuant to subsection (6) of this section
including:
(a) The name of each school;
(b) The number of students expelled from each school; and
(c) The types of weapons involved.
(8) Notwithstanding ORS 336.010, a school district may require
a student to attend school during nonschool hours as an
alternative to suspension.
(9) Unless a student is under expulsion for an offense that
constitutes a violation of a school district policy adopted
pursuant to subsection (6) of this section, a school district
board shall consider and propose to the student prior to
expulsion or leaving school, and document to the parent, legal
guardian or person in parental relationship, alternative programs
of instruction or instruction combined with counseling for the
student that are appropriate and accessible to the student in the
following circumstances:
(a) When a student is expelled pursuant to subsection (4) of
this section;
(b) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with a
student;
(c) When it has been determined that a student's attendance
pattern is so erratic that the student is not benefiting from the
educational program; or
(d) When a parent or legal guardian applies for a student's
exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2).
(10) A school district board may consider and propose to a
student who is under expulsion or to a student prior to expulsion
for an offense that constitutes a violation of a school district
policy adopted pursuant to subsection (6) of this section, and
document to the parent, legal guardian or person in parental
relationship, alternative programs of instruction or instruction
combined with counseling for the student that are appropriate and
accessible to the student.
(11) Information on alternative programs provided under
subsections (9) and (10) of this section shall be in writing. The
information need not be given to the student and the parent,
guardian or person in parental relationship more often than once
every six months unless the information has changed because of
the availability of new programs.
(12)(a) The authority to discipline a student does not
authorize the infliction of corporal punishment. Every
resolution, bylaw, rule, ordinance or other act of a district
school board, a public charter school or the Department of
Education that permits or authorizes the infliction of corporal
punishment upon a student is void and unenforceable.
Enrolled Senate Bill 800 (SB 800-INTRO) Page 17
(b) As used in this subsection, 'corporal punishment' means the
willful infliction of, or willfully causing the infliction of,
physical pain on a student.
(c) As used in this subsection, 'corporal punishment' does not
mean:
(A) The use of physical force authorized by ORS 161.205 for the
reasons specified therein; or
(B) Physical pain or discomfort resulting from or caused by
participation in athletic competition or other such recreational
activity, voluntarily engaged in by a student.
SECTION 21. ORS 339.315 is amended to read:
339.315. (1)(a) Any employee of a public school district, an
education service district or a private school who has reasonable
cause to believe that a person, while in a school, is or within
the previous 120 days has been in possession of a firearm or
destructive device in violation of ORS 166.250, 166.370 or
166.382 shall report the person's conduct immediately to a school
administrator, school director, the administrator's or director's
designee or law enforcement agency within the county. A school
administrator, school director or the administrator's or
director's designee, who has reasonable cause to believe that the
person, while in a school, is or within the previous 120 days has
been in possession of a firearm or destructive device in
violation of ORS 166.250, 166.370 or 166.382, shall promptly
report the person's conduct to a law enforcement agency within
the county. If the school administrator, school director or
employee has reasonable cause to believe that a person has been
in possession of a firearm or destructive device as described in
this paragraph more than 120 days previously, the school
administrator, school director or employee may report the
person's conduct to a law enforcement agency within the county.
(b) Anyone participating in the making of a report under
paragraph (a) of this subsection who has reasonable grounds for
making the report is immune from any liability, civil or
criminal, that might otherwise be incurred or imposed with
respect to the making or content of the report. Any participant
has the same immunity with respect to participating in any
judicial proceeding resulting from the report.
(c) Except as required by ORS 135.805 to 135.873 and 419C.270
(5) or (6), the identity of a person participating in good faith
in the making of a report under paragraph (a) of this subsection
who has reasonable grounds for making the report is confidential
and may not be disclosed by law enforcement agencies, the
district attorney or any public or private school administrator,
school director or employee.
(2) When a law enforcement agency receives a report under
subsection (1) of this section, the law enforcement agency shall
promptly conduct an investigation to determine whether there is
probable cause to believe that the person, while in a school, did
possess a firearm or destructive device in violation of ORS
166.250, 166.370 or 166.382.
(3) As used in this section, 'school' means:
(a) A public or private institution of learning providing
instruction at levels kindergarten through grade 12, or their
equivalents, or any part thereof;
(b) The grounds adjacent to the institution; and
(c) Any site or premises that at the time is being used
exclusively for a student program or activity that is sponsored
or sanctioned by the institution, a public school district, an
education service district or a voluntary organization
Enrolled Senate Bill 800 (SB 800-INTRO) Page 18
{ - approved by the State Board of Education under ORS
339.430 - } and that is posted as such.
(4) For purposes of subsection (3)(c) of this section, a site
or premises is posted as such when the sponsoring or sanctioning
entity has posted a notice identifying the sponsoring or
sanctioning entity and stating, in substance, that the program or
activity is a school function and that the possession of firearms
or dangerous weapons in or on the site or premises is prohibited
under ORS 166.370.
SECTION 22. ORS 342.726 is amended to read:
342.726. (1) School districts shall include information on
anabolic steroids and performance-enhancing substances, including
prevention strategies, strength-building alternatives and the
understanding of health food labels, in health and physical
education curricula for kindergarten through grade 12 students.
(2) The Department of Education shall ensure that school
districts are utilizing evidence-based programs such as the
Oregon Health and Science University's Athletes Training and
Learning to Avoid Steroids (ATLAS) and Athletes Targeting Healthy
Exercise and Nutrition Alternatives (ATHENA), which have
demonstrated effectiveness in reducing anabolic steroid and
performance-enhancing substance use by high school athletes.
(3) The department shall work with voluntary organizations
{ - approved to - } { + that + } administer interscholastic
activities { - under ORS 339.430 - } to require school
district employees who are coaches or athletic directors to
receive training once every four years on identifying the
components of anabolic steroid abuse and use and prevention
strategies for the use of performance-enhancing substances.
SECTION 23. { + The Early Childhood Education Trust Fund is
abolished. Any moneys in the fund on the effective date of this
2011 Act shall be transferred to the Department of Education
Account established by ORS 326.115. + }
SECTION 24. { + The term of office of any member of a local
school committee, as described in ORS 330.425 and 335.515,
terminates on the effective date of this 2011 Act. + }
SECTION 25. { + ORS 329.159, 329.228, 329.875, 330.425,
330.430, 330.435, 332.593, 335.105, 335.515, 336.088, 336.116,
336.135, 336.176, 336.177, 336.181, 336.245, 336.375, 336.390,
336.400, 336.410, 336.420, 336.668, 336.670, 336.673, 336.675,
337.100, 337.285, 337.288, 338.185, 339.260, 339.430 and 340.085,
and section 4, chapter 846, Oregon Laws 2007, are repealed. + }
----------
Enrolled Senate Bill 800 (SB 800-INTRO) Page 19
Passed by Senate April 12, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 24, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 800 (SB 800-INTRO) Page 20
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 800 (SB 800-INTRO) Page 21
