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Chapter 329 2009 EDITION Oregon Educational Act for the 21st Century; Educational Improvement and Reform OREGON EDUCATIONAL ACT FOR THE 21st CENTURY (Generally) 329.005 Oregon Educational Act for the 21st Cen- tury; duties of department; evaluation by legislature 329.007 Definitions 329.015 Educational goals 329.025 Characteristics of school system 329.045 Revision of Common Curriculum Goals, performance indicators, diploma require- ments, Essential Learning Skills and aca- demic content standards; instruction in academic content areas 329.049 Plan to encourage voter registration and voting; incorporation into Essential Learning Skills; rules 329.065 Adequate funding required 329.075 Statewide implementation; rules; duties of department (Assessing Effectiveness) 329.085 Assessment of schools and school districts required; report; standards 329.095 School district and school self- evaluations; local district continuous im- provement plans; departments technical assistance 329.105 School district and school performance reports; criteria; included data 329.115 Oregon Report Card (Parental and Community Participation) 329.125 Policy on parental and community partic- ipation (Services for Children and Families) 329.145 Definitions for ORS 329.150 and 329.155 329.150 Services for children and families at school site; policy 329.153 Policy on prevention and cost-effective programs and strategies 329.155 Standards for education programs and programs providing services for children and families; interagency coordination (Community Learning Centers) 329.156 Creation; requirements; technical assist- ance 329.157 Identification and coordination of existing resources 329.159 Evaluation; reporting (Early Childhood Education) 329.160 Policy on early childhood and parenting education; funding goal 329.165 Development of long-range plan for serv- ing children and families 329.170 Definitions for ORS 329.170 to 329.200 329.175 Department to administer prekindergar- ten program; grants; eligibility; coordi- nation with other programs 329.183 Prekindergarten Program Trust Fund 329.185 Expansion of Oregon prekindergarten program 329.190 Advisory committee 329.195 Rules; grant applications 329.200 Report on program by state superinten- dent; department to assess program ef- fectiveness 329.228 Early Childhood Education Trust Fund 329.235 Provision of early childhood education (Pilot Project for Health Literacy Program) (Temporary provisions relating to pilot project for health literacy program are compiled as notes following ORS 329.235) (Child Development and Student-Parent Programs) 329.255 Child development specialist program 329.275 State board guidelines; rules; qualifica- tions for child development specialists 329.385 Child development programs; student- parent programs 329.395 Definitions for ORS 329.395 to 329.425 329.415 Operating guides and grant procedures for ORS 329.395 to 329.425 329.425 Grants under ORS 329.395 to 329.425 (Diplomas and Certificates) 329.451 High school diploma; modified diploma; extended diploma; alternative certificate; grade level advancement (Assessment) 329.485 Statewide assessment system; types of as- sessments; subjects; additional services or alternative educational options 329.488 Nationally normed assessment; contract; waiver; rules (Subjects) 329.489 American Sign Language; proficiency; curricula development; teachers 329.492 Oregon Studies; academic content stan- dards 329.496 Physical education participation; mini- mum requirements; exceptions; profes- sional development 329.498 Data related to physical education; facili- ties 329.499 Report to Legislative Assembly 329.501 Grants for physical education; rules 329.504 Funding for programs that link physical activity and academic achievement Title 30 Page 1 (2009 Edition)

329 - oregonlegislature.gov · Note: 329.840 and 329.842 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329 or any series therein

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Page 1: 329 - oregonlegislature.gov · Note: 329.840 and 329.842 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 329 or any series therein

Chapter 3292009 EDITION

Oregon Educational Act for the 21st Century; Educational Improvement and Reform

OREGON EDUCATIONAL ACT FOR THE 21st CENTURY

(Generally)329.005 Oregon Educational Act for the 21st Cen-

tury; duties of department; evaluation bylegislature

329.007 Definitions329.015 Educational goals329.025 Characteristics of school system329.045 Revision of Common Curriculum Goals,

performance indicators, diploma require-ments, Essential Learning Skills and aca-demic content standards; instruction inacademic content areas

329.049 Plan to encourage voter registration andvoting; incorporation into EssentialLearning Skills; rules

329.065 Adequate funding required329.075 Statewide implementation; rules; duties

of department

(Assessing Effectiveness)329.085 Assessment of schools and school districts

required; report; standards329.095 School district and school self-

evaluations; local district continuous im-provement plans; department′s technicalassistance

329.105 School district and school performancereports; criteria; included data

329.115 Oregon Report Card

(Parental and Community Participation)329.125 Policy on parental and community partic-

ipation

(Services for Children and Families)329.145 Definitions for ORS 329.150 and 329.155329.150 Services for children and families at

school site; policy329.153 Policy on prevention and cost-effective

programs and strategies329.155 Standards for education programs and

programs providing services for childrenand families; interagency coordination

(Community Learning Centers)329.156 Creation; requirements; technical assist-

ance329.157 Identification and coordination of existing

resources329.159 Evaluation; reporting

(Early Childhood Education)329.160 Policy on early childhood and parenting

education; funding goal329.165 Development of long-range plan for serv-

ing children and families

329.170 Definitions for ORS 329.170 to 329.200329.175 Department to administer prekindergar-

ten program; grants; eligibility; coordi-nation with other programs

329.183 Prekindergarten Program Trust Fund329.185 Expansion of Oregon prekindergarten

program329.190 Advisory committee329.195 Rules; grant applications329.200 Report on program by state superinten-

dent; department to assess program ef-fectiveness

329.228 Early Childhood Education Trust Fund329.235 Provision of early childhood education

(Pilot Project for Health Literacy Program)(Temporary provisions relating to pilotproject for health literacy program arecompiled as notes following ORS 329.235)

(Child Development and Student-Parent Programs)329.255 Child development specialist program329.275 State board guidelines; rules; qualifica-

tions for child development specialists329.385 Child development programs; student-

parent programs329.395 Definitions for ORS 329.395 to 329.425329.415 Operating guides and grant procedures for

ORS 329.395 to 329.425329.425 Grants under ORS 329.395 to 329.425

(Diplomas and Certificates)329.451 High school diploma; modified diploma;

extended diploma; alternative certificate;grade level advancement

(Assessment)329.485 Statewide assessment system; types of as-

sessments; subjects; additional services oralternative educational options

329.488 Nationally normed assessment; contract;waiver; rules

(Subjects)329.489 American Sign Language; proficiency;

curricula development; teachers329.492 Oregon Studies; academic content stan-

dards329.496 Physical education participation; mini-

mum requirements; exceptions; profes-sional development

329.498 Data related to physical education; facili-ties

329.499 Report to Legislative Assembly329.501 Grants for physical education; rules329.504 Funding for programs that link physical

activity and academic achievement

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EDUCATION AND CULTURE

SCHOOL COUNCILS ANDPROFESSIONAL DEVELOPMENT

PROGRAMS(School Councils)

329.704 Local 21st Century Schools Councils; du-ties; composition; selection; district sitecommittees

(Teacher Corps)329.757 Oregon Teacher Corps329.765 Administration of corps; rules329.775 Loans; amounts; interest; repayment;

waiver of repayment329.780 Oregon Teacher Corps Account; use

(Beginning Teacher and Administrator Program)

329.788 Definitions for ORS 329.788 to 329.820329.790 Findings on teacher and administrator

programs329.795 Beginning teacher and administrator pro-

gram established; district participation;use of grants

329.800 Application; content329.805 Grants-in-aid; amount; distribution; rules329.810 Training for mentors and beginning

teachers and administrators329.815 Mentors; selection; stipend329.820 Evaluation of programs; donations

(Oregon Educator ProfessionalDevelopment Commission)

329.822 Commission established; members329.824 Public website; assistance to local school

districts

(Successful Schools Program)329.825 Policy on successful and innovative

schools329.830 Establishment; application; incentive re-

wards; rules

(Early Success Reading Initiative)329.832 Legislative findings329.834 Creation; components; reading sites329.837 Report

OREGON VIRTUAL SCHOOL DISTRICT329.840 Creation; purpose; online course stan-

dards; rules329.842 Oregon Virtual School District Fund

MISCELLANEOUS329.850 Duties of Education and Workforce Policy

Advisor329.860 Outreach to students no longer attending

school329.875 District eligibility to receive funds under

chapter329.885 School-to-work transitions and work ex-

perience programs; funding; eligibility forgrants

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ACT FOR 21st CENTURY; REFORM 329.015

OREGON EDUCATIONAL ACT FOR THE 21st CENTURY

(Generally)329.005 Oregon Educational Act for

the 21st Century; duties of department;evaluation by legislature. (1) This chaptershall be known as the Oregon EducationalAct for the 21st Century.

(2) The Department of Education shall bethe coordinating agency for furthering im-plementation of this chapter. This chaptershall be subject to review by the LegislativeAssembly.

(3) The appropriate legislative interimcommittee shall:

(a) Develop the form and content ex-pected of the ongoing review described inthis section;

(b) Notify the appropriate agencies of ex-pectations; and

(c) Receive and evaluate regular reportsfrom the Department of Education and otherpublic agencies.

(4) This review outline may be changedas needed in succeeding years. [Subsections (3)and (4) enacted as 1991 c.693 §1a; 1993 c.45 §22; subsec-tions (1) and (2) formerly 326.705; 2003 c.303 §1]

329.007 Definitions. As used in thischapter, unless the context requires other-wise:

(1) “Academic content standards” meansexpectations of student knowledge and skillsadopted by the State Board of Education un-der ORS 329.045.

(2) “Administrator” includes all personswhose duties require an administrative li-cense.

(3) “Board” or “state board” means theState Board of Education.

(4) “Community learning center” meansa school-based or school-linked program pro-viding informal meeting places and coordi-nation for community activities, adulteducation, child care, information and refer-ral and other services as described in ORS329.157. “Community learning center” in-cludes, but is not limited to, a communityschool program as defined in ORS 336.505,family resource centers as described in ORS417.725, full service schools, lighted schoolsand 21st century community learning cen-ters.

(5) “Department” means the Departmentof Education.

(6) “English” includes, but is not limitedto, reading and writing.

(7) “History, geography, economics andcivics” includes, but is not limited to, OregonStudies.

(8) “Oregon Studies” means history, ge-ography, economics and civics specific to theState of Oregon. Oregon Studies instructionin Oregon government shall include munici-pal, county, tribal and state government, aswell as the electoral and legislative proc-esses.

(9) “Parents” means parents or guardiansof students who are covered by this chapter.

(10) “Public charter school” has themeaning given that term in ORS 338.005.

(11) “School district” means a school dis-trict as defined in ORS 332.002, a state-operated school or any legally constitutedcombination of such entities.

(12) “Second languages” means any for-eign language or American Sign Language.

(13) “Teacher” means any licensed em-ployee of a school district who has direct re-sponsibility for instruction, coordination ofeducational programs or supervision of stu-dents and who is compensated for such ser-vices from public funds. “Teacher” does notinclude a school nurse, as defined in ORS342.455, or a person whose duties require anadministrative license.

(14) “The arts” includes, but is not lim-ited to, literary arts, performing arts andvisual arts.

(15) “21st Century Schools Council”means a council established pursuant to ORS329.704. [1995 c.660 §2; 1999 c.1023 §4; 1999 c.1029 §1;2001 c.759 §1; 2003 c.303 §2; 2007 c.858 §1]

329.010 [Repealed by 1957 c.678 §1]

329.015 Educational goals. (1) The Leg-islative Assembly believes that education isa major civilizing influence on the develop-ment of a humane, responsible and informedcitizenry, able to adjust to and grow in arapidly changing world. Students must beencouraged to learn of their heritage andtheir place in the global society. The Legis-lative Assembly concludes that these goalsare not inconsistent with the goals to be im-plemented under this chapter.

(2) The Legislative Assembly believesthat the goals of kindergarten through grade12 education are:

(a) To equip students with the academicand career skills and information necessaryto pursue the future of their choice througha program of rigorous academic preparationand career readiness;

(b) To provide an environment that moti-vates students to pursue serious scholarshipand to have experience in applying know-ledge and skills and demonstrating achieve-ment;

(c) To provide students with the skillsnecessary to pursue learning throughouttheir lives in an ever-changing world; and

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329.025 EDUCATION AND CULTURE

(d) To prepare students for successfultransitions to the next phase of their educa-tional development. [Formerly 326.710; 1995 c.660§3; 2007 c.858 §2]

329.020 [Repealed by 1957 c.678 §1]

329.025 Characteristics of school sys-tem. It is the intent of the Legislative As-sembly to maintain a system of publicelementary and secondary schools that al-lows students, parents, teachers, administra-tors, school district boards and the StateBoard of Education to be accountable for thedevelopment and improvement of the publicschool system. The public school system shallhave the following characteristics:

(1) Provides equal and open access andeducational opportunities for all students inthe state regardless of their linguistic back-ground, culture, race, gender, capability orgeographic location;

(2) Assumes that all students can learnand establishes high, specific skill andknowledge expectations and recognizes indi-vidual differences at all instructional levels;

(3) Provides each student an educationexperience that supports academic growthbeyond proficiency in established academiccontent standards and encourages studentsto attain aspirational goals that are individ-ually challenging;

(4) Provides special education,compensatory education, linguistically andculturally appropriate education and otherspecialized programs to all students whoneed those services;

(5) Supports the physical and cognitivegrowth and development of students;

(6) Provides students with a solid foun-dation in the skills of reading, writing, prob-lem solving and communication;

(7) Provides opportunities for students tolearn, think, reason, retrieve information,use technology and work effectively aloneand in groups;

(8) Provides for rigorous academic con-tent standards and instruction in mathemat-ics, science, English, history, geography,economics, civics, physical education, health,the arts and second languages;

(9) Provides students an educationalbackground to the end that they will func-tion successfully in a constitutional republic,a participatory democracy and a multicul-tural nation and world;

(10) Provides students with the know-ledge and skills that will provide the oppor-tunities to succeed in the world of work, asmembers of families and as citizens;

(11) Provides students with the know-ledge and skills that lead to an active,healthy lifestyle;

(12) Provides students with the know-ledge and skills to take responsibility fortheir decisions and choices;

(13) Provides opportunities for studentsto learn through a variety of teaching strat-egies;

(14) Emphasizes involvement of parentsand the community in the total education ofstudents;

(15) Transports children safely to andfrom school;

(16) Ensures that the funds allocated toschools reflect the uncontrollable differencesin costs facing each district;

(17) Ensures that local schools have ade-quate control of how funds are spent to bestmeet the needs of students in their commu-nities; and

(18) Provides for a safe, educational en-vironment. [Formerly 326.715; 1995 c.660 §4; 1999c.1029 §2; 2003 c.303 §3; 2007 c.858 §3; 2009 c.101 §2; 2009c.843 §1]

329.030 [Repealed by 1957 c.678 §1]329.035 [Formerly 326.720; 1995 c.660 §5; 2003 c.303

§4; repealed by 2007 c.858 §40]329.040 [Repealed by 1963 c.544 §52]

329.045 Revision of Common Curric-ulum Goals, performance indicators, di-ploma requirements, Essential LearningSkills and academic content standards;instruction in academic content areas. (1)In order to achieve the goals contained inORS 329.025, the State Board of Educationshall regularly and periodically review andrevise its Common Curriculum Goals, per-formance indicators and diploma require-ments. This includes Essential LearningSkills and rigorous academic content stan-dards in mathematics, science, English, his-tory, geography, economics, civics, physicaleducation, health, the arts and second lan-guages. School districts and public charterschools shall maintain control over coursecontent, format, materials and teachingmethods. The regular review shall involveteachers and other educators, parents of stu-dents and other citizens and shall provideample opportunity for public comment.

(2) The State Board of Education shallcontinually review and revise all adopted ac-ademic content standards necessary for stu-dents to successfully transition to the nextphase of their education.

(3) School districts and public charterschools shall offer students instruction inmathematics, science, English, history, ge-ography, economics, civics, physical educa-tion, health, the arts and second languagesthat meets the academic content standardsadopted by the State Board of Education andmeets the requirements adopted by the State

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ACT FOR 21st CENTURY; REFORM 329.095

Board of Education and the board of theschool district or public charter school.[Formerly 326.725; 1995 c.660 §6; 1999 c.200 §29; 1999c.1029 §3; 2003 c.303 §5; 2007 c.858 §4]

329.049 Plan to encourage voter regis-tration and voting; incorporation intoEssential Learning Skills; rules. (1) Eachschool district that includes a public highschool shall adopt a plan to encourage stu-dents to register to vote and vote in elec-tions, including but not limited to:

(a) Posting a link to the electronic voterregistration website maintained by the Sec-retary of State on the Internet homewebpage, if any, of each public high school;and

(b) Making materials developed by theSecretary of State relating to voting andvoter registration readily available to stu-dents at each public high school.

(2) The State Board of Education shall byrule incorporate voter registration skills intothe Essential Learning Skills. [2009 c.702 §1]

Note: Section 2, chapter 702, Oregon Laws 2009,provides:

Sec. 2. Each school district that includes a publichigh school shall adopt the plan required by section 1of this 2009 Act [329.049] not later than February 1,2010. [2009 c.702 §2]

Note: 329.049 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 329 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

329.050 [Repealed by 1963 c.544 §52]329.055 [Formerly 326.735; repealed by 1995 c.660

§50]329.060 [Repealed by 1963 c.544 §52]

329.065 Adequate funding required.Nothing in this chapter is intended to bemandated without adequate funding support.Therefore, those features of this chapterwhich require significant additional fundsshall not be implemented statewide untilfunding is available. [Formerly 326.740]

329.070 [Repealed by 1963 c.544 §52]

329.075 Statewide implementation;rules; duties of department. (1) The StateBoard of Education shall adopt rules, in ac-cordance with ORS 183.750 and ORS chapter183, as necessary for the statewide imple-mentation of this chapter. The rules shall beprepared in consultation with appropriaterepresentatives from the educational andbusiness and labor communities.

(2) The Department of Education shall beresponsible for implementing the provisionsof this chapter. Actions by the department tofulfill this responsibility and to increase stu-dent achievement may include, but are notlimited to:

(a) Developing academic content stan-dards;

(b) Updating Common Curriculum Goalsto meet rigorous academic content standardsand updating performance indicators and di-ploma requirements;

(c) Developing criterion-referenced as-sessments including performance-based,content-based and other assessment mech-anisms to test knowledge and skills andwhether students meet the performance ex-pectations as determined by the board; and

(d) Establishing criteria for early child-hood education programs.

(3) The department shall make schooldistricts and the public aware of publicschool choice options available within ourcurrent public education framework.[Formerly 326.745; 1995 c.660 §8; 1997 c.652 §21; 1999 c.871§1; 2003 c.303 §6; 2007 c.858 §5]

329.077 [1995 c.660 §30; 2001 c.448 §1; repealed by2007 c.858 §40]

329.080 [Repealed by 1963 c.544 §52]

(Assessing Effectiveness)329.085 Assessment of schools and

school districts required; report; stan-dards. (1) To facilitate the attainment andsuccessful implementation of educationalstandards under ORS 326.051 (1)(a) and329.025, the State Board of Education or itsdesignee shall assess the effectiveness ofeach public school, public charter school andschool district. The findings of the assess-ment shall be reported to the school orschool district within six months.

(2) The board shall establish the stan-dards, including standards of accessibility toeducational opportunities, upon which theassessment is based.

(3) On a periodic basis, the board shallreview school and school district standardsand credit and performance requirements.The board shall seek public input in thisprocess. [Formerly 326.755; 1995 c.660 §10a; 1997 c.17§1; 2007 c.858 §6]

329.090 [Repealed by 1963 c.544 §52]

329.095 School district and schoolself-evaluations; local district continuousimprovement plans; department′s techni-cal assistance. (1) The Department of Edu-cation shall require school districts andschools to conduct self-evaluations and up-date their local district continuous improve-ment plans on a biennial basis. Theself-evaluation process shall involve the pub-lic in the setting of local goals. The schooldistricts shall ensure that representativesfrom the demographic groups of their schoolpopulation are invited to participate in thedevelopment of local district continuous im-provement plans to achieve the goals.

(2) As part of setting local goals, schooldistricts shall undertake a communications

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329.105 EDUCATION AND CULTURE

process that involves parents, students,teachers, school employees and communityrepresentatives to explain and discuss thelocal goals and their relationship to pro-grams under this chapter.

(3) At the request of the school district,department staff shall provide ongoing tech-nical assistance in the development and im-plementation of the local district continuousimprovement plan.

(4) The local district continuous im-provement plan shall include:

(a) Goals to implement the following:(A) A rigorous curriculum aligned with

state standards;(B) High-quality instructional programs;(C) Short-term and long-term professional

development plans;(D) Programs and policies that achieve a

safe educational environment;(E) A plan for family and community en-

gagement;(F) Staff leadership development;(G) High-quality data systems;(H) Improvement planning that is data-

driven;(I) Education service plans for students

who have or have not exceeded all of theacademic content standards; and

(J) A strong school library program;(b) A review of demographics, student

performance, staff characteristics and stu-dent access to, and use of, educational op-portunities; and

(c) A description of district efforts toachieve local efficiencies and efforts to makebetter use of resources. [Formerly 326.760; 1995c.660 §11; 2007 c.858 §7; 2009 c.840 §2]

Note: Section 3 (2), chapter 840, Oregon Laws 2009,provides:

Sec. 3. (2) The amendments to ORS 329.095 by sec-tion 2 of this 2009 Act first apply to local district con-tinuous improvement plans updated on or after theeffective date of this 2009 Act [January 1, 2010]. [2009c.840 §3(2)]

329.100 [Repealed by 1963 c.544 §52]

329.105 School district and school per-formance reports; criteria; included data.(1) The Superintendent of Public Instructionshall collect data and produce annual schooldistrict and school performance reports con-taining information on student performance,student behavior and school characteristics.The purpose of the performance reports is toprovide information to parents and to im-prove schools through greater parental in-volvement.

(2)(a) In consultation with represen-tatives of parents, teachers, school districtboards and school administrators, the State

Board of Education shall adopt, by rule, cri-teria for identifying outstanding schools, sat-isfactory schools and schools in need ofimprovement. Such criteria shall take intoaccount student performance, improvementin student performance, the participationrate of students on the statewide assess-ments, student attendance rates and gradu-ation rates. The Superintendent of PublicInstruction, based on the criteria adopted bythe State Board of Education, shall assign arating to each school that identifies theschool as outstanding, satisfactory or in needof improvement.

(b) The ratings received by a school shallbe included in the school district and schoolperformance reports.

(c) If a school is designated as in need ofimprovement, the school shall file a schoolimprovement plan with the Superintendentof Public Instruction and with the schooldistrict board.

(d) The Department of Education shallwork with stakeholders to design and imple-ment an accountability system of progressiveinterventions for and provide technical as-sistance to schools and school districts thatdo not demonstrate improvement.

(3) The Superintendent of Public Instruc-tion shall include in the school performancereports data for the following areas, for eachschool, that are available to the Departmentof Education from the most recent schoolyear:

(a) Enrollment in English as a secondlanguage courses under ORS 336.079;

(b) Attendance rates;(c) School safety, such as expulsions in-

volving weapons in the school;(d) Disaggregated data on students who

met or exceeded the academic content stan-dards established by the board;

(e) Dropout rates and the number of stu-dents who dropped out of school;

(f) Parent and community involvementsuch as volunteer hours;

(g) The percentage of classes taught by ateacher identified as highly qualified underrules adopted by the United States Depart-ment of Education; and

(h) School staff, identified by category.(4) The Superintendent of Public Instruc-

tion shall include in the school district per-formance reports data for the followingareas, for each school district, that areavailable to the Department of Educationfrom the most recent school year:

(a) Resident students who attend a publicschool in another school district;

(b) Facilities used for distance learning;

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ACT FOR 21st CENTURY; REFORM 329.145

(c) Election results of any bond levy pro-posed to the electors of the district;

(d) Expenditures;(e) Level of support from the education

service district;(f) Administrators not assigned to a spe-

cific school;(g) School district staff, identified by cat-

egory; and(h) Students who are eligible for special

education.(5) The Superintendent of Public Instruc-

tion shall notify the public and the media byJanuary 30 of each year that school districtand school performance reports are availableat schools and school districts and at theDepartment of Education website and offices.The superintendent shall also include noticethat copies of school improvement plans anddistrict continuous improvement plans canbe obtained from school and school districtoffices. Each school district shall send a copyof the school district and applicable schoolperformance reports to each parent of a childenrolled in a public school in the school dis-trict. [Formerly 326.765; 1995 c.660 §12; 1999 c.938 §1;2001 c.959 §2; 2007 c.858 §8]

329.110 [Repealed by 1963 c.544 §52]

329.115 Oregon Report Card. (1) Priorto December 1 of each year, the Superinten-dent of Public Instruction shall issue an Or-egon Report Card on the state of the publicschools and progress toward achieving thegoals contained in ORS 329.025. The purposeof the Oregon Report Card is to monitortrends among school districts and Oregon′sprogress toward achieving the goals stated inthis chapter and the Department of Educa-tion key performance measures establishedby the Oregon Progress Board.

(2) The Oregon Report Card shall includeinformation on the following:

(a) Student performance on Oregon stateassessments and national assessments;

(b) Data required by the federal No ChildLeft Behind Act of 2001 (P.L. 107-110, 115Stat. 1425);

(c) Public school funding, expendituresand 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 specialneeds. [Formerly 326.770; 1995 c.660 §13; 2007 c.858 §9]

329.120 [Repealed by 1963 c.544 §52]

(Parental and Community Participation)329.125 Policy on parental and com-

munity participation. The Legislative As-sembly recognizes that students in publicelementary and secondary schools can bestreach the levels of performance expected un-der the provisions of this chapter with par-ental and community participation in theeducation process. It is, therefore, recom-mended but not required that:

(1) School districts provide opportunitiesfor parents or guardians to be involved inestablishing and implementing educationalgoals and to participate in decision-makingat the school site;

(2) Employers recognize the need forparents or guardians and members of thecommunity to participate in the educationprocess not only for their own children butfor the educational system;

(3) Employers be encouraged to extendappropriate leave to parents or guardians toallow greater participation in that processduring school hours;

(4) School districts enter into partner-ships with business, labor and other groupsto provide workplace-based professional de-velopment opportunities for their educationalstaff; and

(5) School districts enter into partner-ships with recreation groups, faith-based or-ganizations, social service and health careagencies, businesses, child care providers andother groups that support children and fami-lies to create community learning centers forstudents, parents and members of the sur-rounding community. [Formerly 326.775; 1995 c.660§14; 2001 c.759 §2]

329.130 [Repealed by 1963 c.544 §52]

(Services for Children and Families)329.145 Definitions for ORS 329.150

and 329.155. As used in ORS 329.150 and329.155:

(1) “Families” means a group of individ-uals related by blood, marriage or adoption,or individuals whose functional relationshipsare similar to those found in such associ-ations. The family′s purpose is the security,support, nurturance, love, transmission ofvalues and facilitation of each member′sgrowth and development, and is the primarysocial unit affecting a child′s well-being.

(2) “Services” means education and allother programs and services addressing oneor more of a child′s six basic needs as fol-

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329.150 EDUCATION AND CULTURE

lows: stimulus, nutrition, health, safety,nurturance and shelter.

(3) “Young children” means children zerothrough eight years of age. [Formerly 326.785]

329.150 Services for children and fam-ilies at school site; policy. A school districtmay provide services for children and fami-lies at the school site, which may include acommunity learning center. If the districtchooses to provide services, the design of ed-ucational and other services to children andtheir families shall be the responsibility ofthe school district. School districts may co-ordinate services with programs providedthrough the local commissions on childrenand families to provide services to families.To ensure that all educational and otherservices for young children and their familiesoffer the maximum opportunity possible forthe personal success of the child and familymembers, it is the policy of this state thatthe following principles for serving childrenshould be observed to the maximum extentpossible in all of its educational and otherprograms serving young children and theirfamilies, including those programs deliveredat community learning centers:

(1) Services for young children and theirfamilies should be located as close to thechild and the family′s community as possible,encouraging community support and owner-ship of such services;

(2) Services for young children and theirfamilies should reflect the importance of in-tegration and diversity to the maximum ex-tent possible in regard to characteristicssuch as race, economics, gender, creed, ca-pability and cultural differences;

(3) Services should be designed to supportand strengthen the welfare of the child andthe family and be planned in considerationof the individual family′s values;

(4) Services should be designed to ensurecontinuity of care among care givers in agiven day and among service plans from yearto year;

(5) Service systems should address themost urgent needs in a timely manner in-cluding health, intervention and support ser-vices; and

(6) Service providers and sources of sup-port should be coordinated and collaborative,to reflect the knowledge that no single sys-tem can serve all of the needs of the childand family. [Formerly 326.790; 1995 c.660 §15; 2001c.759 §3]

329.153 Policy on prevention and cost-effective programs and strategies. (1) It isthe policy of the Legislative Assembly thatprograms and strategies that can substanti-ate a claim to prevention and cost-effectiveness be of high priority.

(2) The Legislative Assembly finds thatdollars invested in quality programs, such asthe Head Start program after which the Or-egon prekindergarten is modeled, return thecosts thereof several times over in costssaved in the areas of remedial education,corrections and human services. [Formerly336.005]

329.155 Standards for education pro-grams and programs providing servicesfor children and families; interagency co-ordination. (1) State agencies that adminis-ter education programs and other programsthat provide services for children and fami-lies shall:

(a) Evaluate the effectiveness of the pro-gram as related to the principles stated inORS 329.025 and 417.305 in the earlieststages of the budget process, including com-ponents within programs as appropriate;

(b) Articulate ways in which the programis an effective component of agency and statepriorities, goals and strategies, such as thosedeveloped by the Oregon Progress Board, orto relevant research and professional stan-dards;

(c) Establish plans, interagency partner-ships, implementation practices and interac-tions with local coordinated comprehensiveplans;

(d) Utilize the information generated byapplicable state advisory groups and by thelocal planning process administered by theState Commission on Children and Familiesin the program assessment of needs and de-cisions as to service delivery in a givencommunity; and

(e) Identify barriers to improving pro-gram capability to serve the needs of youngchildren and related recommendations, ifany.

(2) The processes listed in subsection (1)of this section are for the purpose of gener-ating interagency coordination so as to serveto the greatest extent possible young chil-dren and their families in a comprehensiveand developmentally appropriate fashion. Theinformation generated by these processesshall be considered as a contribution to sub-sequent budget decisions by state and localagencies, the Oregon Department of Admin-istrative Services and Legislative Assembly,and as a contribution to the planning andcoordination tasks of the State Commissionon Children and Families. [Formerly 326.795; 1999c.59 §80; 1999 c.1053 §26]

(Community Learning Centers)329.156 Creation; requirements; tech-

nical assistance. (1) The Department of Ed-ucation, the Department of Human Servicesand the State Commission on Children and

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ACT FOR 21st CENTURY; REFORM 329.159

Families shall support the development andimplementation of a network of communitylearning centers across the state.

(2) Within available funding, the statecommission, in conjunction with local com-missions on children and families or otherorganizations that provide training and tech-nical assistance to schools or communityprograms, shall provide training and techni-cal assistance to promote the developmentand implementation of community learningcenters. To the extent possible, the statecommission shall use voluntary organizationsto provide the training and technical assist-ance.

(3) If a community learning center iscreated by a school district, the school dis-trict shall coordinate with the local commis-sion on children and families to ensure thatthe community learning center is referencedin the local coordinated comprehensive plan,implemented pursuant to ORS 417.775.

(4) Community learning centers createdpursuant to this section shall:

(a) Be located in or near a school or acluster of schools;

(b) Involve parents in the care and edu-cation of their children;

(c) Involve the local community in devel-oping and overseeing community learningcenter programs;

(d) Incorporate the principles of familysupport services described in ORS 329.150and 417.342;

(e) In partnership with the local schooldistrict board, create or designate an advi-sory committee to offer guidance on programdevelopment and implementation, with mem-bership that is representative of the diversityof community interests, including represen-tatives of businesses, schools, faith-based or-ganizations, social service and health careagencies, cultural groups, recreation groups,municipal governments, community colleges,libraries, child care providers, parents andyouths;

(f) Conduct an assessment of strengths,needs and assets within the community to beserved by the community learning centerthat identifies services being delivered in thecommunity, defines and clarifies servicesthat are missing or overlapping and buildson any existing community assessments; and

(g) Coordinate the community assessmentwith the local commission on children andfamilies.

(5) The Department of Human Servicesand the Department of Education shall pro-vide technical assistance to communitylearning centers to develop policies ensuringthat confidential information is disclosed

only in accordance with state and federallaws. [2001 c.759 §5; 2005 c.503 §16]

329.157 Identification and coordinationof existing resources. (1) Communitylearning centers shall promote identificationand coordination of existing resources in-cluding, but not limited to, the followingservices and activities:

(a) Before-school and after-schoolenrichment activities linked with the schoolcurriculum;

(b) Youth development and service learn-ing activities;

(c) Child care programs;(d) Mentoring and tutoring programs;(e) Parent literacy and adult education

programs;(f) Prenatal and early childhood support

programs;(g) Parent education and support groups;(h) Cultural activities and English as a

second language programs;(i) School-to-work and workforce develop-

ment programs;(j) Intergenerational activities connecting

senior citizens with children;(k) Referrals for health care and other

social and educational services;(L) Primary health care services, includ-

ing immunizations, sports physicals andwell-child checkups; and

(m) Counseling services.(2) School districts that create commu-

nity learning centers shall encourage exist-ing family resource centers to becomeinvolved in the development and implemen-tation of the community learning centers. Anexisting family resource center developedunder ORS 417.725 may be designated as acommunity learning center if the family re-source center meets the standards specifiedin this section and ORS 329.156.

(3) Community learning centers shall fol-low best practice standards to ensure theireffectiveness. [2001 c.759 §6]

329.159 Evaluation; reporting. (1)Within available funding, the Department ofEducation shall, in conjunction with the De-partment of Human Services, the State Com-mission on Children and Families,representatives of local commissions on chil-dren and families, and the Juvenile CrimePrevention Advisory Committee, explore thefeasibility of conducting a statewide evalu-ation of the effectiveness of communitylearning centers. The evaluation may con-sider the following outcomes:

(a) Student attendance;

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329.160 EDUCATION AND CULTURE

(b) Test scores;(c) Parent involvement;(d) Family mobility;(e) Disciplinary referrals; and(f) Referrals to the juvenile justice sys-

tem.(2) The Department of Education, in con-

sultation with the Department of HumanServices, the State Commission on Childrenand Families, representatives of local com-missions on children and families, and theJuvenile Crime Prevention Advisory Com-mittee, shall create a form for reporting andmonitoring information collected by commu-nity learning centers. The form shall be de-signed to collect the following data:

(a) Unduplicated number of children andunduplicated number of adults served incommunity learning center programs;

(b) Number of requests for informationand other referrals;

(c) Level of parent or customer satisfac-tion;

(d) Increases in or reductions of collab-oration among agencies and departments;

(e) Increases in or reductions of the useof public facilities for community and familyprograms; and

(f) Outcomes listed in subsection (1) ofthis section. [2001 c.759 §7]

(Early Childhood Education)329.160 Policy on early childhood and

parenting education; funding goal. It isthe policy of this state to implement pro-grams for early childhood education, for par-enting education including instruction aboutprenatal care, for child-parent centers andfor extended Oregon prekindergarten pro-grams. The Oregon prekindergarten programshall be operated in coordination with thefederal Head Start program in order to avoidduplication of services and so as to ensuremaximum use of resources. The state shallcontinue funding Oregon prekindergartenprograms with a goal to have full funding forall eligible children. [Formerly 326.810; 1995 c.660§17; 2007 c.858 §10]

329.165 Development of long-rangeplan for serving children and families. (1)In consultation with the advisory committeefor the Oregon prekindergarten program, theDepartment of Education shall develop along-range plan for serving eligible childrenand their families and shall report to eachregular session of the Legislative Assemblyon the funds necessary to implement thelong-range plan, including but not limited toregular programming costs, salary enhance-ments and program improvement grants. The

department shall determine the rate of in-crease in funding for programs necessaryeach biennium to provide service to all chil-dren eligible for the prekindergarten pro-gram.

(2) Each biennial report shall include butnot be limited to estimates of the number ofeligible children and families to be served,projected cost of programs and evaluation ofthe programs. [Formerly 326.813; 1995 c.660 §18; 2007c.858 §11]

329.170 Definitions for ORS 329.170 to329.200. (1) As used in ORS 329.170 to329.200:

(a) “Advisory committee” means the ad-visory committee established specifically forthe Oregon prekindergarten program estab-lished by ORS 329.170 to 329.200.

(b) “Oregon prekindergartens” meansprograms that are recognized by the depart-ment as meeting the minimum program rulesto be adopted by the State Board of Educa-tion and that provide comprehensive health,education and social services in order tomaximize the potential of children three andfour years of age.

(c) “Oregon prekindergarten program”means the statewide administrative activitiescarried on within the Department of Educa-tion to allocate, award and monitor statefunds appropriated to create or assist localOregon prekindergartens.

(2) For purposes of ORS 329.175, “eligiblechild” means an at-risk child who is not aparticipant in a federal, state or local pro-gram providing like comprehensive servicesand may include children who are eligibleunder rules adopted by the State Board ofEducation. As used in this subsection, “at-risk child” means a child at least three yearsof age and not eligible for kindergartenwhose family circumstances would qualifythat child for eligibility under the federalHead Start program. [Formerly 326.600; 2001 c.831§15; 2005 c.209 §10]

329.175 Department to administerprekindergarten program; grants; eligi-bility; coordination with other programs.(1) The Department of Education shall ad-minister the Oregon prekindergarten pro-gram to assist eligible children withcomprehensive services including educa-tional, social, health and nutritional develop-ment to enhance their chances for success inschool and life. Eligible children, upon re-quest of parent or guardian, shall be admit-ted to approved Oregon prekindergartens tothe extent that the Legislative Assemblyprovides funds.

(2) Nonsectarian organizations includingschool districts and Head Start grantees areeligible to compete for funds to establish an

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ACT FOR 21st CENTURY; REFORM 329.195

Oregon prekindergarten. Grant recipientsshall serve children eligible according tofederal Head Start guidelines and other chil-dren who meet criteria of eligibility adoptedby rule by the State Board of Education.However, not more than 20 percent of thetotal enrollment shall consist of childrenwho do not meet Head Start guidelines.School districts may contract with othergovernmental or nongovernmental nonsec-tarian organizations to conduct a portion ofthe program. Funds appropriated for the pro-gram shall be used to establish and maintainnew or expanded Oregon prekindergartensand shall not be used to supplant federallysupported Head Start programs. Oregon pre-kindergartens also may accept gifts, grantsand other funds for the purposes of this sec-tion.

(3) Applicants shall identify how theywill serve the target population and provideall components as specified in the federalHead Start performance standards andguidelines, including staff qualifications andtraining, facilities and equipment, transpor-tation and fiscal management.

(4) Oregon prekindergartens shall coordi-nate with each other and with federal HeadStart programs to ensure efficient deliveryof services and prevent overlap. Oregon pre-kindergartens shall also work with local or-ganizations such as local educationassociations serving young children andmake the maximum use of local resources.

(5) Oregon prekindergartens shall:(a) Participate in the planning process

under ORS 417.777 to develop a voluntarylocal early childhood system plan; and

(b) Coordinate services with other ser-vices that are coordinated through the plan.The coordination of services shall be con-sistent with federal and state law. [Formerly326.605; 2001 c.831 §16]

329.180 [Formerly 326.610; repealed by 2001 c.831§30]

329.183 Prekindergarten ProgramTrust Fund. (1) The Prekindergarten Pro-gram Trust Fund is established as a fund inthe State Treasury, separate and distinctfrom the General Fund. Interest earned bythe trust fund shall be credited to the trustfund. The primary purpose of the trust fundis to assist eligible children with comprehen-sive services including educational, social,health and nutritional development to en-hance their chances for success in schooland life. For this purpose, the trust fund iscontinuously appropriated to the Departmentof Education for the Oregon prekindergartenprogram described in ORS 329.170 to 329.200.

(2) The department may solicit and ac-cept money in the form of gifts, contributions

and grants to be deposited in the trust fund.Except as provided in ORS 329.185, the ac-ceptance of federal grants for purposes ofORS 329.170 to 329.200 does not commit statefunds nor place an obligation upon the Leg-islative Assembly to continue the purposesfor which the federal funds are made avail-able.

(3) The trust fund may be listed, if oth-erwise qualified, on the Oregon income taxreturn for checkoff pursuant to applicationmade to the Oregon Charitable CheckoffCommission under ORS 305.690 to 305.753 bythe department. [1995 c.636 §4; 2001 c.831 §17; 2007c.858 §12]

329.185 Expansion of Oregon prekin-dergarten program. When the federal HeadStart program provides funding for programsfor eligible children at or greater than the1990-1991 per child level, eligibility for thestate funded Oregon prekindergarten pro-gram shall be expanded to include programsfor children whose family income exceeds thefederal Head Start limits or who are in anunderserved or unserved age category. Afterdetermining the increase in income limits orage level that would make children most inneed of state programs eligible for them, theState Board of Education may direct expend-iture of any unexpended or unobligated fundsappropriated for the biennium for eligiblechildren to be expended for the additionalchildren considered to be most in need. Inthe following biennium, the State Board ofEducation shall include the cost of any addedprogram for the children most in need in itsbiennial budget. [Formerly 326.815; 1995 c.660 §19;2001 c.831 §18]

Note: 329.185 was added to and made a part ofORS chapter 329 by legislative action but was not addedto 329.170 to 329.200. See Preface to Oregon RevisedStatutes for further explanation.

329.190 Advisory committee. The De-partment of Education shall establish an ad-visory committee composed of interestedparents and representatives from the StateCommission on Children and Families, healthcare profession, early childhood educationand development staff preparation programs,Oregon Head Start Association, school dis-tricts, community colleges, Early Interven-tion Council, child care and otherorganizations. The purpose of the advisorycommittee is to provide advice to the depart-ment on matters related to the Oregon pre-kindergarten program. [Formerly 326.615; 1999 c.39§5; 2001 c.831 §19; 2007 c.858 §13]

329.195 Rules; grant applications. (1)The State Board of Education shall adoptrules for the establishment of the Oregonprekindergarten program. Rules specificallyshall require the Oregon prekindergartenprogram to provide for parental involvementand performance standards at a level no less

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329.200 EDUCATION AND CULTURE

than that provided under the federal HeadStart program guidelines. Federal Head Startprogram guidelines shall be considered asguidelines for the Oregon prekindergartenprogram.

(2) In developing rules for the Oregonprekindergarten program, the board shallconsult with the advisory committee estab-lished under ORS 329.190 and shall considersuch factors as coordination with existingprograms, the preparation necessary for in-structors, qualifications of instructors, train-ing of staff, adequate space and equipmentand special transportation needs.

(3) The Department of Education shallreview applications for the Oregon prekin-dergarten program received and designatethose programs as eligible to commence op-eration by July 1 of each year. When ap-proving grant applications, to the extentpracticable, the board shall distribute fundsregionally based on percentages of unmetneeds as identified in the voluntary localearly childhood system plans that are partof the local coordinated comprehensive plansdeveloped under ORS 417.775 for the countyor region. [Formerly 326.620; 2001 c.831 §20; 2007 c.858§14]

329.200 Report on program by statesuperintendent; department to assessprogram effectiveness. (1) The Superinten-dent of Public Instruction shall report to theLegislative Assembly on the merits of con-tinuing and expanding the Oregon prekin-dergarten program or instituting other meansof providing early childhood development as-sistance.

(2) The superintendent′s report shall in-clude specific recommendations on at leastthe following issues:

(a) The relationship of the state-fundedOregon prekindergarten program with thecommon school system;

(b) The types of children and their needsthat the program should serve;

(c) The appropriate level of state supportfor implementing the program for all eligiblechildren, including related projects to pre-pare instructors and provide facilities, equip-ment and transportation;

(d) The state administrative structurenecessary to implement the program; and

(e) Licensing or endorsement of earlychildhood teachers.

(3) The Department of Education shallexamine, monitor and assess the effective-ness of the Oregon prekindergarten program.The superintendent shall make biennial re-ports to the Legislative Assembly on the ef-fectiveness of the program. [Formerly 326.625;2001 c.831 §21; 2005 c.209 §11; 2007 c.858 §15]

329.210 [Repealed by 1953 c.306 §18]329.215 [Formerly 343.415; repealed by 2007 c.858

§40]329.220 [Repealed by 1953 c.306 §18]329.225 [Formerly 343.425; 2001 c.831 §22; repealed

by 2007 c.858 §40]

329.228 Early Childhood EducationTrust Fund. (1) The Early Childhood Edu-cation Trust Fund is established as a fund inthe State Treasury, separate and distinctfrom the General Fund. Interest earned bythe trust fund shall be credited to the trustfund. The primary purpose of the trust fundis to assist public school districts in provid-ing programs designed to improve educa-tional services for children enrolled inkindergarten through grade three. For thispurpose, the trust fund is continuously ap-propriated to the Department of Educationfor programs described in ORS 329.235.

(2) The State Board of Education maysolicit and accept money in the form of gifts,contributions and grants to be deposited inthe trust fund. The acceptance of federalgrants for purposes of ORS 329.235 does notcommit state funds nor place an obligationupon the Legislative Assembly to continuethe purposes for which the federal funds aremade available.

(3) The trust fund may be listed, if oth-erwise qualified, on the Oregon income taxreturn for checkoff pursuant to applicationmade to the Oregon Charitable CheckoffCommission under ORS 305.690 to 305.753 bythe State Board of Education. [1995 c.636 §2;2005 c.209 §12; 2007 c.858 §16]

329.230 [Repealed by 1953 c.306 §18]

329.235 Provision of early childhoodeducation. Subject to the approval of theSuperintendent of Public Instruction:

(1) The district school board of anyschool district in which there are residentchildren who are three years of age or olderbut who have not attained compulsory at-tendance age and who are not enrolled in akindergarten of the district may:

(a) Provide early childhood education forsuch children as part of the district′s educa-tional program; or

(b) When the board considers a contractto be economically feasible and in the inter-ests of the learning opportunities of eligiblechildren, contract for instruction of suchchildren in a school district operating an ap-proved early childhood education program,subject to such reimbursement as the dis-tricts may agree.

(2) An education service district may op-erate an approved early childhood educationprogram in the same manner as programs areprovided under ORS 334.175 or 334.185.[Formerly 343.435]

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ACT FOR 21st CENTURY; REFORM 329.385

(Pilot Project for Health LiteracyProgram)

Note: Sections 1 and 2, chapter 573, Oregon Laws2009, provide:

Sec. 1. (1) The Department of Education may es-tablish a pilot project for the purpose of assisting fed-eral Head Start program providers located in Oregonwith adopting and implementing a health literacy pro-gram that empowers consumers of health care to bettercommunicate with health care professionals and to moreeffectively seek appropriate levels of care.

(2) The department may select one or more federalHead Start program providers in Oregon to participatein the pilot project established under this section. Thedepartment may establish an application process for thepurpose of the selection.

(3) The department may provide assistance to fed-eral Head Start program providers as allowed by thissection by:

(a) Seeking contributions of funds and assistancefrom the United States Government and its agencies orfrom any other source, public or private; and

(b) Facilitating communication among the partic-ipating federal Head Start program providers regardingthe adoption and implementation of a health literacyprogram.

(4) For purposes of this section, the departmentmay accept contributions of funds and assistance fromthe United States Government and its agencies or fromany other source, public or private, and agree to con-ditions placed on the funds that are not inconsistentwith the purposes of this section.

(5) The department may use funds received underthis section for the costs of administering this section.All remaining funds received by the department underthis section shall be paid into the Department of Edu-cation Account established in ORS 326.115 to the creditof the pilot project established under this section. [2009c.573 §1]

Sec. 2. Section 1 of this 2009 Act is repealed on thedate of the convening of the next regular biennial leg-islative session [January 10, 2011]. [2009 c.573 §2]

329.237 [Formerly 336.435; 1995 c.660 §20; 1999 c.59§81; 1999 c.1053 §27; repealed by 2007 c.858 §40]

329.240 [Repealed by 1953 c.306 §18]329.245 [Formerly 336.437; repealed by 2007 c.858

§40]329.250 [Repealed by 1953 c.306 §18]

(Child Development and Student-Parent Programs)

329.255 Child development specialistprogram. (1) The district school board ofevery school district operating any elemen-tary schools may establish a child develop-ment specialist program.

(2) If a district school board establishesa child development specialist program, theschool district must meet the following re-quirements:

(a) The school district shall submit awritten plan describing the program to theDepartment of Education and the programmust be approved by the department.

(b) Upon approval of a program, a schooldistrict shall submit child development spe-

cialist candidate applications for departmentapproval.

(c) The school district shall conduct anannual review of the program and submit anupdated plan to the department for reauthor-ization of the program.

(d) Each child development specialistemployed by a school district shall completean annual evaluation of the specialist′s childdevelopment plan to be included with theschool district′s updated plan.

(3) The department shall review the plansannually.

(4) School districts may provide the childdevelopment specialist program by contractwith qualified state or local programs.[Formerly 343.125; 1995 c.660 §21; 1999 c.871 §§2,3; 2007c.858 §17]

329.260 [Repealed by 1953 c.306 §18]329.265 [Formerly 343.135; 2007 c.858 §18; repealed

by 2009 c.76 §1]

329.275 State board guidelines; rules;qualifications for child development spe-cialists. (1) The State Board of Education byrule shall establish guidelines for implemen-tation of ORS 329.255, including but not lim-ited to qualifications for child developmentspecialists and procedures for community co-ordination of efforts. Such qualifications andprocedures shall not be limited to traditionaltreatment oriented disciplines or the variousdisciplines requiring certification.

(2) Exceptions to the qualifications es-tablished by the state board may be made ifthe state board determines after a hearingthat an individual is capable of performingthe required functions. [Formerly 343.145; 1999c.871 §§4,5; 2009 c.76 §2]

329.280 [Repealed by 1953 c.306 §18]329.290 [Repealed by 1953 c.306 §18]329.300 [Repealed by 1953 c.306 §18]329.310 [Repealed by 1953 c.306 §18]329.320 [Repealed by 1953 c.306 §18]329.330 [Repealed by 1953 c.306 §18]329.350 [Repealed by 1953 c.306 §18]329.360 [Repealed by 1953 c.306 §18]

329.385 Child development programs;student-parent programs. (1) The Depart-ment of Education shall prepare operatingguides for child development programs andfor student-parent programs applicable toprograms under this section that are con-sistent with requirements imposed by theState Board of Education.

(2) The Department of Education shallreview applications for approval of child de-velopment programs and student-parent pro-grams and may approve up to 20 childdevelopment and up to 20 student-parentprograms after considering:

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329.395 EDUCATION AND CULTURE

(a) The educational adequacy and type ofprograms.

(b) The number of students and childrenwho are to be served by the program.

(c) The availability of trained personneland facilities.

(d) The need for the programs in the ap-plying district.

(3) In approving applications for childdevelopment programs, the department shallrequire that the school district use the con-tributions described in ORS 315.234 (2003 orearlier edition) for child development curric-ulum and in the formulation and initiationof on-site child development centers. Eachcenter must be able to accommodate notmore than 30 full-time equivalent spaces forchildren, distributed according to needs ofthe community.

(4) In approving applications for student-parent programs, the department shall re-quire that the school district use thecontributions described in ORS 315.234 (2003or earlier edition) for appropriate educationfor student-parents leading to graduation andin the formulation and development of ap-propriate on-site child care facilities. Eachfacility must be able to accommodate notmore than 30 full-time equivalent spaces forchildren, distributed according to the needsof the student-parents.

(5) As used in this section:(a) “Child development program” means

an educational program that conforms tostandards adopted by the State Board of Ed-ucation and that consists of an educationcomponent and a child care component.

(b) “Student-parent program” means aneducational program that conforms to stan-dards adopted by the State Board of Educa-tion and that consists of education for thestudent-parent and child care for thestudent-parent′s child. [Formerly 336.850; 1995c.278 §38; 2005 c.94 §113]

329.390 [Repealed by 1953 c.306 §18]

329.395 Definitions for ORS 329.395 to329.425. As used in ORS 329.395 to 329.425:

(1) “Child development program” meansan educational program funded by ORS329.395 to 329.425 that conforms to standardsadopted by the State Board of Education andthat consists of an education component anda child care component.

(2) “Teenage parent program” means aneducational program funded by ORS 329.395to 329.425 that conforms to standardsadopted by the State Board of Education andthat consists of education for the student-parent and child care for the student-parent′schild. [Formerly 336.870; 1995 c.278 §39]

329.400 [Repealed by 1953 c.306 §18]329.405 [Formerly 336.875; repealed by 2007 c.858

§40]

329.415 Operating guides and grantprocedures for ORS 329.395 to 329.425. (1)The Department of Education shall prepareoperating guides for child development pro-grams and for teenage parent programs ap-plicable to programs under ORS 329.395 to329.425 that are consistent with requirementsimposed by the State Board of Education.

(2) The department shall review applica-tions for approval of child development pro-grams and teenage parent programs and mayapprove those programs after considering:

(a) The educational adequacy and type ofprograms.

(b) The number of students and childrenwho are to be served by the program.

(c) The availability of trained personneland facilities.

(d) The need for the programs in the ap-plying district.

(3) In approving applications for childdevelopment programs, the department shallrequire that the school district use its grantfor child development curriculum and in theformulation and initiation of on-site childdevelopment centers. Each center must beable to accommodate from 15 to 30 full-timeequivalent spaces for children, distributedaccording to needs of the community.

(4) In approving applications for teenageparent programs, the department shall re-quire that the school district use the grantin connection with appropriate education forteenage parents leading to graduation and inthe formulation and development of appro-priate on-site child care centers. Each centermust be able to accommodate from 15 to 30full-time equivalent spaces for children, dis-tributed according to the needs of the teen-age student-parents. [Formerly 336.880; 2007 c.858§19]

329.420 [Repealed by 1953 c.306 §18]

329.425 Grants under ORS 329.395 to329.425. (1) An approved school district childdevelopment program shall be entitled to re-ceive a grant not to exceed $50,000.

(2) An approved school district teenageparent program shall be entitled to receive agrant not to exceed $25,000.

(3) A district may receive grants underboth subsections (1) and (2) of this sectionbut no district is entitled to receive morethan $75,000 for the grant period. [Formerly336.885]

329.430 [Repealed by 1953 c.306 §18]329.440 [Repealed by 1953 c.306 §18]329.445 [Formerly 326.730; 1995 c.660 §22; repealed

by 2007 c.858 §40]

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ACT FOR 21st CENTURY; REFORM 329.451

329.447 [1995 c.660 §25; 2003 c.303 §7; repealed by2007 c.858 §40]

329.450 [Repealed by 1953 c.306 §18]

(Diplomas and Certificates)329.451 High school diploma; modified

diploma; extended diploma; alternativecertificate; grade level advancement.(1)(a) At or before grade 12, a school districtor public charter school shall award a highschool diploma to a student who completesthe requirements established by subsection(2) of this section.

(b) A school district or public charterschool shall award a modified diploma to astudent who satisfies the requirements es-tablished by subsection (7) of this section, anextended diploma to a student who satisfiesthe requirements established by subsection(8) of this section or an alternative certif-icate to a student who satisfies the require-ments established by subsection (9) of thissection.

(c) A school district or public charterschool may not deny a student who has thedocumented history described in subsection(7)(b) or (8)(b) and (c) of this section the op-portunity to pursue a diploma with morestringent requirements than a modified di-ploma or an extended diploma for the solereason that the student has the documentedhistory.

(d) A school district or public charterschool may award a modified diploma or ex-tended diploma to a student only upon theconsent of the parent or guardian of the stu-dent.

(2) In order to receive a high school di-ploma from a school district or public char-ter school, a student must satisfy therequirements established by the State Boardof Education and the school district or publiccharter school and, while in grades 9through 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 charterschool may award a high school diploma toa student who does not satisfy the require-ments of subsection (2)(b) or (c) of this sec-tion if the student:

(a) Has met or exceeded the academiccontent standards for mathematics or Eng-lish established by the board, as demon-strated on Oregon state assessments; or

(b) Displays proficiency in mathematicsor English at a level established by theboard.

(4) A student may satisfy the require-ments of subsection (2) of this section in lessthan four years. If a student satisfies the re-quirements of subsection (2) of this sectionand a school district or public charter schoolhas the consent of the student′s parent orguardian, the school district or public char-ter school shall award a high school diplomato the student upon request from the student.

(5) If a school district or public charterschool has the consent of a student′s parentor guardian, the school district or publiccharter school may advance the student tothe next grade level if the student has satis-fied the requirements for the student′s cur-rent grade level.

(6) The requirement for obtaining theconsent of a student′s parent or guardianunder subsections (4) and (5) of this sectiondoes not apply to a student who is:

(a) Emancipated pursuant to ORS419B.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 onlyto students who have demonstrated the ina-bility to meet the full set of academic con-tent standards for a high school diploma withreasonable modifications and accommo-dations. To be eligible for a modified diploma,a student must:

(a) Satisfy the requirements for a modi-fied diploma established by the State Boardof Education; and

(b) Have a documented history of an ina-bility to maintain grade level achievementdue to significant learning and instructionalbarriers or have a documented history of amedical condition that creates a barrier toachievement.

(8) A school district or public charterschool shall award an extended diploma onlyto students who have demonstrated the ina-bility to meet the full set of academic con-tent standards for a high school diploma withreasonable modifications and accommo-dations. To be eligible for an extended di-ploma, a student must:

(a) While in grade nine through com-pletion of high school, complete 12 credits,which may not include more than six creditsearned in a self-contained special educationclassroom 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

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329.451 EDUCATION AND CULTURE

(G) One credit of the arts or a secondlanguage;

(b) Have a documented history of an ina-bility to maintain grade level achievementdue to significant learning and instructionalbarriers or have a documented history of amedical condition that creates a barrier toachievement; and

(c)(A) Participate in an alternate assess-ment beginning no later than grade six andlasting for two or more assessment cycles; or

(B) Have a serious illness or injury thatoccurs after grade eight, that changes thestudent′s ability to participate in grade levelactivities and that results in the studentparticipating in alternate assessments.

(9) A school district or public charterschool shall award an alternative certificateto a student who does not satisfy the re-quirements for a high school diploma, amodified diploma or an extended diploma ifthe student meets requirements establishedby the board of the school district or publiccharter school.

(10) A student who receives a modifieddiploma, an extended diploma or an alterna-tive certificate shall have the option of par-ticipating in a high school graduationceremony with the class of the student.

(11) A school district or public charterschool shall:

(a) Ensure that students have access tothe appropriate resources to achieve a highschool diploma, a modified diploma, an ex-tended diploma or an alternative certificateat each high school in the school district orat the public charter school.

(b) Provide literacy instruction to allstudents until graduation.

(c) Beginning in grade five, annuallyprovide information to the parents or guard-ians of a student taking an alternate assess-ment of the availability of a modifieddiploma, an extended diploma and an alter-native certificate and the requirements forthe diplomas and certificate.

(12) The State Board of Education shallsubmit for review by the legislative commit-tees on education or the interim legislativecommittees on education, as appropriate, anyproposed rules to implement requirements fora high school diploma, a modified diploma,an extended diploma or an alternative certif-icate prior to the adoption of those rules bythe board. [2005 c.827 §1; 2007 c.407 §1; 2007 c.660 §12;2009 c.618 §1]

Note: Section 3, chapter 827, Oregon Laws 2005,provides:

Sec. 3. (1)(a) Except as provided in paragraph (b)of this subsection, the requirements of ORS 329.451 (2)

and (3) apply to students who receive a high school di-ploma from a school district on or after July 1, 2009.

(b) In the case of a student who begins grade nineduring the 2005-2006 school year and who attends schoolduring the 2006-2007, 2007-2008 and 2008-2009 schoolyears, the requirements of ORS 329.451 (2) and (3) donot apply if the student receives a high school diplomafrom a school district prior to July 1, 2010.

(2) ORS 329.451 (4) applies to students who satisfythe requirements for a high school diploma on or afterJuly 1, 2007.

(3) ORS 329.451 (5) first applies to the 2007-2008school year.

(4)(a) Except as provided in paragraph (b) of thissubsection, the requirements of ORS 329.451 (2) and (3)apply to students who receive a high school diplomafrom a public charter school:

(A) On or after July 1, 2009, if the charter of thepublic charter school specified that ORS 329.451 appliedto the school prior to July 1, 2007; or

(B) On or after July 1, 2011.(b) The requirements of ORS 329.451 (2) and (3) do

not apply to a student who receives a high school di-ploma from a public charter school that has a charterthat specified that ORS 329.451 applied to the schoolprior to July 1, 2007, if the student:

(A) Begins grade nine during the 2005-2006 schoolyear;

(B) Attends school during the 2006-2007, 2007-2008and 2008-2009 school years; and

(C) Receives a high school diploma from a publiccharter school prior to July 1, 2010.

(5)(a) School districts and public charter schoolsshall make modified diplomas and alternative certif-icates as required by ORS 329.451 (7) and (9) firstavailable to students during the 2008-2009 school year.

(b) School districts and public charter schools shallmake extended diplomas as required by ORS 329.451 (8)first available to students during the 2009-2010 schoolyear.

(c) On or after July 1, 2009, school districts andpublic charter schools may not award a modified di-ploma that does not comply with the provisions of ORS329.451 (7).

(6) Notwithstanding subsections (4) and (5) of thissection, ORS 329.451, as amended by section 12, chapter660, Oregon Laws 2007, applies to public charter schoolsthat enter into a charter or renew a charter on or afterJuly 1, 2007. [2005 c.827 §3; 2007 c.407 §2; 2007 c.660 §15;2009 c.55 §1; 2009 c.618 §2]

Note: 329.451 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 329 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

329.455 [Formerly 335.125; repealed by 1995 c.660§50]

329.460 [Repealed by 1953 c.306 §18]329.465 [Formerly 335.140; 1995 c.660 §23; 1999 c.717

§3; 1999 c.1029 §4; 2003 c.303 §8; repealed by 2007 c.858§40]

329.467 [1995 c.660 §24a; repealed by 2007 c.858 §40]329.470 [Repealed by 1953 c.306 §18]329.475 [Formerly 335.150; 1995 c.660 §28; 1995 c.769

§1; 1997 c.353 §1; 2003 c.303 §9; repealed by 2007 c.858§40]

329.480 [Repealed by 1953 c.306 §18]

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ACT FOR 21st CENTURY; REFORM 329.488

(Assessment)329.485 Statewide assessment system;

types of assessments; subjects; additionalservices or alternative educationaloptions. (1) As used in this section:

(a) “Content-based assessment” meanstesting of the understanding of a student ofa predetermined body of knowledge.

(b) “Criterion-referenced assessment”means testing of the knowledge or ability ofa student with respect to some standard.

(c) “Performance-based assessment”means testing of the ability of a student touse knowledge and skills to create a complexor multifaceted product or complete a com-plex task.

(2)(a) The Department of Education shallimplement statewide a valid and reliable as-sessment system for all students that meetstechnical adequacy standards. The assess-ment system shall include criterion-referenced assessments includingperformance-based assessments, content-based assessments, and other valid methodsto measure the academic content standardsand to identify students who meet or exceedthe standards.

(b) The department shall develop thestatewide assessment system in mathematics,science, English, history, geography, eco-nomics and civics.

(3) In addition to the assessment systemimplemented under subsection (2) of thissection, the department may make availableto school districts and public charter schoolsan assessment system that uses criterion-referenced assessments includingperformance-based assessments and content-based assessments to:

(a) Measure a student′s progress inachieving the academic content standards forthe student′s current grade level;

(b) Determine the grade level of theunderstanding, knowledge or ability of a stu-dent, which shall be determined regardlessof the actual grade level of the student andmay be determined by adapting the assess-ment during the assessment process as a re-sult of the performance of the student;

(c) Track and provide reports on theprogress of a student based on the informa-tion provided under paragraphs (a) and (b) ofthis subsection; and

(d) Provide predictions of anticipatedstudent progress that are based on the infor-mation provided under this subsection andnot on the current grade level of the student.

(4)(a) School districts and public charterschools shall implement the statewide as-sessment system in mathematics, science andEnglish. In addition, school districts and

public charter schools may implement thestatewide assessment system in history, ge-ography, economics and civics.

(b) School districts and public charterschools may implement the assessment sys-tem described in subsection (3) of this sec-tion.

(5) Each year the resident district shallbe accountable for determining the student′sprogress toward achieving the academic con-tent standards. Progress toward the academiccontent standards shall be measured in amanner that clearly enables the student andparents to know whether the student ismaking progress toward meeting or exceed-ing the academic content standards. In addi-tion, the district shall adopt a grading systembased on the local school district boardadopted course content of the district′s cur-riculum. The grading system shall clearlyenable the student and parents to know howwell the student is achieving course require-ments.

(6) If a student has not met or has ex-ceeded all of the academic content standards,the school district shall make additional ser-vices or alternative educational or publicschool options available to the student.

(7) If the student to whom additionalservices or alternative educational optionshave been made available does not meet orexceed the academic content standardswithin one year, the school district, with theconsent of the parents, shall make an appro-priate placement, which may include an al-ternative education program or the transferof the student to another public school in thedistrict or to a public school in another dis-trict that agrees to accept the student. Thedistrict that receives the student shall beentitled to payment. The payment shall con-sist of:

(a) An amount equal to the district ex-penses from its local revenues for each stu-dent in average daily membership, payableby the resident district in the same year; and

(b) Any state and federal funds the at-tending district is entitled to receive payableas provided in ORS 339.133 (2). [Formerly335.160; 1995 c.660 §29; 2001 c.269 §1; 2003 c.303 §10; 2005c.220 §1; 2007 c.858 §22; 2009 c.101 §1]

329.487 [1995 c.660 §26; 1999 c.806 §1; 2001 c.443 §1;repealed by 2003 c.303 §17]

329.488 Nationally normed assess-ment; contract; waiver; rules. (1) The De-partment of Education shall contract with anonprofit entity to administer a nationallynormed assessment, in collaboration with thedepartment, to all students in grade 10 whoare enrolled in a public school. The purposeof the assessment is to predict the successof students on, and provide practice for stu-dents taking, college entrance exams.

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329.489 EDUCATION AND CULTURE

(2) The department shall base the se-lection of the contractor under subsection (1)of this section on all of the following crite-ria:

(a) The contractor must be able to pro-vide to the department statewide data con-taining the results of the assessment;

(b) The contractor shall provide an as-sessment that:

(A) Identifies students with high poten-tial to excel in advanced placement (AP) orother honors courses based on a research-based correlation of scores on the grade 10assessment to advanced placement examina-tions;

(B) Examines students in mathematics,reading and writing; and

(C) Provides results that can be used byOregon′s higher education institutions to re-cruit students to attend college;

(c) The contractor must be able to supplyschools with an item-by-item analysis of stu-dent performance on the assessment; and

(d) The contractor must be able to makeavailable to each student taking the assess-ment a free career assessment and onlineexploration of colleges and career opportu-nities.

(3) Notwithstanding subsection (1) of thissection:

(a) The department may, under rulesadopted by the State Board of Education,waive the assessment for specific groups ofstudents; and

(b) Upon request from a student who isenrolled in a public school operated by aschool district or the parent or guardian ofthe student, the school district shall waivethe assessment for the student. [2007 c.858 §42;2008 c.20 §1]

Note: 329.488 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 329 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

Note: Sections 1 and 2, chapter 824, Oregon Laws2009, provide:

Sec. 1. (1) Notwithstanding ORS 329.488 and forthe purpose of administering a nationally normed as-sessment to students in a school district who are ingrade 10, the Department of Education shall grant awaiver to a school district to enter into a contract witha nonprofit entity other than the contractor selected bythe department under ORS 329.488 if:

(a) The district had entered into a contract withthe entity for the 2007-2008 school year to administeran assessment to students in the district who are ingrade 10;

(b) The entity, in coordination with the district,administered an assessment during the 2007-2008 schoolyear to students in the district who are in grade 10;

(c) For the most recent school year in which theentity administered an assessment, the entity met thecriteria established under ORS 329.488 (2) as in effect for

the school year in which the entity administered theassessment; and

(d) The entity plans to meet the criteria establishedunder ORS 329.488 (2) for the school year for which theschool district seeks a waiver.

(2) A waiver granted by the department under thissection:

(a) Is valid for one school year; and(b) May be renewed each school year.(3) The department shall reimburse a school district

for the cost of assessments allowed under this sectionfrom funds available to the department under ORS327.008 (10). [2009 c.824 §1]

Sec. 2. Section 1 of this 2009 Act is repealed onJune 30, 2011. [2009 c.824 §2]

(Subjects)329.489 American Sign Language; pro-

ficiency; curricula development; teachers.(1) Within the State of Oregon′s kindergartenthrough grade 12 education system, profi-ciency for students in American Sign Lan-guage shall be in accordance with rulesadopted by the State Board of Educationpursuant to ORS chapter 329 and any otherapplicable state or federal law.

(2) The State Board of Education is en-couraged to continue to:

(a) Coordinate with the State Board ofHigher Education and the Oregon School forthe Deaf to develop curricula for AmericanSign Language courses;

(b) Implement programs to locate andprepare qualified teachers and interpretersof American Sign Language; and

(c) Assist public high schools in identify-ing local and regional needs and resourcesavailable for American Sign Languagecourses. [1995 c.687 §1; 2007 c.858 §64]

Note: 329.489 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 329 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

329.490 [Repealed by 1953 c.306 §18]

329.492 Oregon Studies; academiccontent standards. (1) The Department ofEducation shall develop academic contentstandards for Oregon Studies. The depart-ment shall consult with the Oregon Histor-ical Society in the development of theacademic content standards in OregonStudies and in the preparation of materialsto support teacher training and classroominstruction in Oregon Studies. The materialsshall include a balanced presentation of therelevant contributions to society by men andwomen of African-American, Hispanic, Na-tive American, Asian-American and otherracial groups in Oregon.

(2) The Oregon Historical Society mayuse any public funds allocated to the OregonHistorical Society for the purposes of this

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ACT FOR 21st CENTURY; REFORM 329.501

section. In addition, the Oregon HistoricalSociety may raise additional funds from pri-vate sources for the purposes of this section.[1999 c.1023 §3; 2003 c.303 §11]

329.495 [Formerly 335.170; repealed by 1995 c.660§50]

329.496 Physical education partic-ipation; minimum requirements; excep-tions; professional development. (1) Everypublic school student in kindergartenthrough grade 8 shall participate in physicaleducation for the entire school year. Stu-dents in kindergarten through grade 5 shallparticipate in physical education for at least150 minutes during each school week. Stu-dents in grades 6 through 8 shall participatein physical education for at least 225 minutesduring each school week.

(2) School districts and public charterschools shall offer instruction in physicaleducation that meets the academic contentstandards for physical education adopted bythe State Board of Education under ORS329.045. The instruction shall be a sequen-tial, developmentally appropriate curriculumthat is designed, implemented and evaluatedto help students develop the knowledge, mo-tor skills, self-management skills, attitudesand confidence needed to adopt and maintainphysical activity throughout their lives.

(3) School districts and public charterschools shall devote at least 50 percent ofphysical education class time to actual phys-ical activity in each school week, with asmuch class time as possible spent in moder-ate physical activity.

(4)(a) Notwithstanding subsections (1)and (3) of this section, a student with disa-bilities shall have suitably adapted physicaleducation incorporated as part of the indi-vidualized education program developed forthe student under ORS 343.151.

(b) Notwithstanding subsections (1) and(3) of this section, a student who does nothave an individualized education programbut has chronic health problems, other disa-bling conditions or other special needs thatpreclude the student from participating inregular physical education instruction shallhave suitably adapted physical education in-corporated as part of an individualized healthplan developed for the student by the schooldistrict or public charter school.

(5) School districts and public charterschools shall assess school curricula at reg-ular intervals to measure the attainment ofthe minimum number of minutes that stu-dents are required to participate in physicaleducation under this section.

(6) All teachers of physical education forpublic school students in kindergartenthrough grade 8 shall be adequately prepared

and shall regularly participate in profes-sional development activities to effectivelydeliver the physical education program. [2007c.839 §5]

Note: 329.496 becomes operative July 1, 2017, andfirst applies to the 2017-2018 school year. See section 9,chapter 839, Oregon Laws 2007.

329.498 Data related to physical edu-cation; facilities. The Department of Edu-cation shall collect data from school districtson:

(1) The number of minutes of physicaleducation that are provided to students inkindergarten through grade 8 each schoolweek in each public school within the dis-trict;

(2) The physical capacity of publicschools to provide students in kindergartenthrough grade 5 with at least 150 minutes ofphysical education during each school weekand to provide students in grades 6 through8 with at least 225 minutes of physical edu-cation during each school week; and

(3) The additional facilities required bypublic schools to provide physical educationto students as described in subsection (2) ofthis section. [2007 c.839 §1]

Note: 329.498 to 329.501 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 329 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

329.499 Report to Legislative Assem-bly. Prior to February 1 of each odd-numbered year, the Department of Educationshall report to the Legislative Assembly onthe data collected under ORS 329.498 for theprior two school years. [2007 c.839 §2]

Note: See note under 329.498.329.500 [Repealed by 1953 c.306 §18]

329.501 Grants for physical education;rules. (1) The Department of Education shallaward grants to school districts and publiccharter schools for the purpose of meetingthe physical education requirements of ORS329.496.

(2) A district or school that receives agrant may use the grant to:

(a) Hire teachers who specialize in phys-ical education; and

(b) Provide in-service training to teacherson the academic content standards for phys-ical education and the requirements of ORS329.496.

(3) The department shall determine:(a) The amount of a grant;(b) The criteria for awarding a grant; and(c) The process for awarding grants.(4) The State Board of Education may

adopt any rules necessary to administer thissection. [2007 c.839 §10]

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329.504 EDUCATION AND CULTURE

Note: See note under 329.498.

329.504 Funding for programs thatlink physical activity and academicachievement. (1) For the purpose of imple-menting programs that link physical activityand academic achievement, the Departmentof Education shall, to the extent that fundingand personnel are available to the depart-ment:

(a) Seek public and private funding forprograms that link physical activity and aca-demic achievement; and

(b) Provide information to school districtson public and private funding opportunitiesthat are directly available to school districtsfor programs that link physical activity andacademic achievement.

(2) For the purpose of funding programsdescribed in subsection (1) of this section,the department may accept contributions offunds and assistance from the United StatesGovernment and its agencies or from anyother source, public or private, and agree toconditions placed on funds not inconsistentwith the purpose described in subsection (1)of this section.

(3) All funds received by the departmentunder this section shall be paid into the De-partment of Education Account establishedin ORS 326.115 to the credit of the depart-ment for the purpose of this section. [2009c.495 §1]

Note: 329.504 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 329 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

Note: Section 2, chapter 495, Oregon Laws 2009,provides:

Sec. 2. The Department of Education shall reportto the Seventy-sixth Legislative Assembly in the mannerdescribed in ORS 192.245 regarding:

(1) Funding applied for and received under section1 of this 2009 Act [329.504];

(2) Information provided to school districts on di-rect funding opportunities as described in section 1 ofthis 2009 Act; and

(3) Programs funded as provided by section 1 ofthis 2009 Act. [2009 c.495 §2]

329.505 [Formerly 335.180; repealed by 1995 c.660§50]

329.510 [Repealed by 1953 c.306 §18]329.520 [Repealed by 1953 c.306 §18]329.530 [Repealed by 1953 c.306 §18]329.535 [Formerly 336.530; repealed by 1995 c.660

§50]329.537 [1991 c.693 §13; 1995 c.660 §49; repealed by

2007 c.858 §40]329.540 [Repealed by 1953 c.306 §18]329.545 [Formerly 336.535; repealed by 2007 c.858

§40]329.555 [Formerly 336.540; 1995 c.278 §40; 1995 c.343

§28; 1995 c.660 §31; repealed by 2007 c.858 §40]329.560 [Repealed by 1953 c.306 §18]

329.565 [Formerly 336.545; repealed by 2007 c.858§40]

329.570 [Formerly 336.550; 1995 c.660 §32; repealedby 2007 c.858 §40]

329.575 [Formerly 336.555; 1997 c.864 §20; 2001 c.448§2; repealed by 2007 c.858 §40]

329.585 [Formerly 336.557; 1995 c.660 §33; 1997 c.864§21; repealed by 2007 c.858 §40]

329.595 [Formerly 336.560; 1997 c.864 §22; repealedby 2007 c.858 §40]

329.600 [Formerly 336.565; 1997 c.864 §23; repealedby 2007 c.858 §40]

329.605 [Formerly 336.570; repealed by 2007 c.858§40]

329.610 [Repealed by 1963 c.22 §2]329.620 [Repealed by 1963 c.22 §2]329.630 [Repealed by 1963 c.22 §2]329.640 [Repealed by 1963 c.22 §2]329.650 [Repealed by 1963 c.22 §2]329.660 [Repealed by 1963 c.22 §2]329.670 [Repealed by 1963 c.22 §2]329.675 [Formerly 336.705; 1995 c.660 §34; 1997 c.249

§95; 1997 c.383 §7; 2001 c.317 §1; 2007 c.858 §24; 2007 c.863§1; renumbered 329.788 in 2007]

329.680 [Repealed by 1963 c.22 §2]329.685 [Formerly 336.710; repealed by 2007 c.858

§40]329.690 [Formerly 336.715; 1995 c.660 §35; repealed

by 2007 c.858 §40]329.695 [Formerly 336.720; repealed by 2007 c.858

§40]329.700 [Formerly 336.730; 1995 c.660 §36; 2001 c.317

§2; repealed by 2007 c.858 §40]

SCHOOL COUNCILS ANDPROFESSIONAL DEVELOPMENT

PROGRAMS(School Councils)

329.704 Local 21st Century SchoolsCouncils; duties; composition; selection;district site committees. (1) Nothing inthis section shall interfere with the duties,responsibilities and rights of duly electedschool district boards. There shall be estab-lished at each school a 21st Century SchoolsCouncil. The duties of a 21st CenturySchools Council shall include but not belimited to:

(a) The development of plans to improvethe professional growth of the school′s staff;

(b) The improvement of the school′s in-structional program;

(c) The development and coordination ofplans for the implementation of programsunder this chapter at the school; and

(d) The administration of grants-in-aid forthe professional development of teachers andclassified district employees.

(2) A 21st Century Schools Council shallbe composed of teachers, parents, classifiedemployees and principals or the principal′sdesignee, as follows:

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(a) Not more than half of the membersshall be teachers;

(b) Not more than half of the membersshall be parents of students attending thatschool;

(c) At least one member shall be a clas-sified employee; and

(d) One member shall be the principal ofthe building or the principal′s designee.

(3) In addition, other members may be asthe school district shall designate, includingbut not limited to local school committeemembers, business leaders, students andmembers of the community at large.

(4) Members of a 21st Century SchoolsCouncil shall be selected as follows:

(a) Teachers shall be licensed teacherselected by licensed teachers at the schoolsite;

(b) Classified employees shall be electedby classified employees at the school site;

(c) Parents shall be selected by parentsof students attending the school; and

(d) Other representatives shall be se-lected by the council.

(5) If a school district board determinesthat a school site is unable to fulfill the re-quirements of this section or if the needs ofa school site require a different composition,the school district board shall establish the21st Century Schools Council in a mannerthat best meets the educational needs of thedistrict.

(6) All 21st Century Schools Councilmeetings shall be subject to the open meet-ings law pursuant to ORS 192.610 to 192.690.

(7) A school district may establish a dis-trict site committee to assist in the adminis-tration of grants or in the district-widecoordination of programs. [1995 c.660 §39 (enactedin lieu of 329.705); 2001 c.618 §7; 2007 c.858 §25]

329.705 [Formerly 336.745; repealed by 1995 c.660§38 (329.704 enacted in lieu of 329.705)]

329.709 [Formerly 336.755; repealed by 2007 c.858§40]

329.710 [Amended by 1961 c.522 §1; 1963 c.282 §10;1963 c.544 §23; renumbered 330.080]

329.715 [Formerly 336.765; 1995 c.343 §29; repealedby 2007 c.858 §40]

329.720 [Amended by 1961 c.522 §2; 1963 c.544 §24;renumbered 330.085]

329.725 [Formerly 336.775; repealed by 2001 c.317§11]

329.730 [Amended by 1957 c.310 §6; 1959 c.518 §1;1961 c.522 §3; repealed by 1963 c.282 §16]

329.735 [Formerly 336.780; repealed by 2007 c.858§40]

329.740 [Renumbered 330.115]329.745 [Formerly 336.785; repealed by 2007 c.858

§40]329.750 [Renumbered 330.125]

329.753 [Formerly 342.017; repealed by 1995 c.660§50]

329.755 [1955 c.22 §1; 1957 c.89 §3; renumbered330.135]

(Teacher Corps)329.757 Oregon Teacher Corps. (1)

There is hereby created an Oregon TeacherCorps program within the Oregon StudentAssistance Commission to encourage theentry of certain qualified persons into theteaching profession through the use offorgivable student loans for those who com-plete three years of successful teaching in apublic school in this state.

(2) All programs in ORS 329.757 to329.780 are subject to the availability offunds appropriated therefor. [Formerly 348.120;1999 c.704 §5]

329.760 [Amended by 1953 c.538 §2; renumbered330.145]

329.765 Administration of corps; rules.(1) The Oregon Student Assistance Commis-sion shall administer the Oregon TeacherCorps program insofar as practicable in thesame manner as the loan program under ORS348.050 is administered and make rules forthe selection of qualified applicants.

(2) Eligibility for the Oregon TeacherCorps is limited to those prospective teacherswhom the Oregon Student Assistance Com-mission determines to have graduated, orcurrently rank, in the top 20 percent of theirhigh school or college class. The commissionshall assess each applicant′s potential forteaching through such means as essays writ-ten by the applicant, letters of recommen-dations from teachers and others,descriptions of relevant teaching experiences,and other appropriate measures. Allowanceshall be given for those applicants whom thecommission determines to be in at least oneof the following categories:

(a) Minority individuals as defined inORS 200.005;

(b) Prospective teachers in scarceendorsement areas, as defined by the TeacherStandards and Practices Commission; or

(c) Prospective teachers who agree toteach in remote and difficult to serve schooldistricts in this state.

(3) Recipients of loans under ORS 329.757to 329.780 shall be enrolled at least half-timein an approved teacher education program atan Oregon institution of higher education.[Formerly 348.125; 1999 c.704 §6; 2005 c.209 §13]

329.770 [Amended by 1953 c.513 §3; renumbered330.155]

329.775 Loans; amounts; interest; re-payment; waiver of repayment. (1) Uponapproval of the loan application of an eligiblestudent by the Oregon Student Assistance

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Commission, the commission may lend anamount from the Oregon Teacher Corps Ac-count to the student in compliance with thissection. The loan shall be evidenced by awritten obligation but no additional securityshall be required. Notwithstanding any pro-vision in this section, the commission mayrequire cosigners on the loans.

(2) Loans granted under this section toeligible students by the commission shall:

(a) Not exceed $2,000 in a single aca-demic year to an undergraduate student en-rolled in a teacher education programleading to a basic or initial license.

(b) Not exceed $4,000 in a single aca-demic year to a graduate student enrolled ina teacher education program leading to abasic or initial license.

(c) Not exceed $8,000 for all loans madeto a student under this section.

(3) Borrowers are required to pay at leastseven percent interest per annum on the un-paid balance from the date of the loan asprovided in subsection (4) of this section.

(4)(a) Repayment of the principal and ac-cruing and deferred interest on loans shallbe commenced not later than 12 months afterthe student′s completion of the teacher edu-cation program or other termination of thestudent′s education. Repayment of loans un-der ORS 329.765 shall be delayed for the pe-riod of time the student is teaching at leasthalf-time in a public school in this state butbecomes payable under the usual terms if thestudent ceases teaching before completingthree full years. Repayment of loans shall bedelayed up to three years upon applicationof the borrower showing inability to locatesuitable employment.

(b) Repayment shall be completed in amaximum of 120 months from the time re-payment is commenced. However, nothing inthis section is intended to prevent repaymentwithout penalty at an earlier date than pro-vided in this section or to prohibit the com-mission from extending the repayment periodto a date other than permitted by this sub-section.

(5)(a) An eligible student who receives aloan under this section, preparing to be anelementary or secondary school teacher inthis state, is not required to repay a loanmade under this section if the student com-pletes:

(A) At least three years of equivalentfull-time teaching in a public elementary orsecondary school within the five-year periodfollowing completion of the teacher educa-tion program in this state; or

(B) At least three years of teaching un-der a full-time contract working at least

three-fourths time in classroom teaching andno more than one-fourth time not in class-room teaching duties during regular schoolhours in a public elementary or secondaryschool within the five-year period followingcompletion of the teacher education programin this state, as approved by the OregonStudent Assistance Commission upon writtenrequest of the borrower.

(b) Repayment of remaining principal andinterest shall be waived upon the death ortotal and permanent disability of the bor-rower. [Formerly 348.130; 1997 c.383 §8; 1999 c.704 §7]

329.780 Oregon Teacher Corps Ac-count; use. (1) There is established in theState Treasury separate from the GeneralFund an account to be known as the OregonTeacher Corps Account into which shall bedeposited all repayments of loans with inter-est to the Oregon Student Assistance Com-mission pursuant to ORS 329.775. Anyinterest accruing to the account shall becredited thereto.

(2) Amounts in the account establishedunder subsection (1) of this section are con-tinuously appropriated to the Oregon StudentAssistance Commission for the purposes ofORS 329.757 to 329.780 and the Oregon Op-portunity Grant program under ORS 348.260.[Formerly 348.135; 1997 c.28 §1; 1999 c.704 §8; 1999 c.1070§10]

(Beginning Teacher and Administrator Program)

329.788 Definitions for ORS 329.788 to329.820. As used in ORS 329.788 to 329.820:

(1) “Beginning administrator” means aprincipal or superintendent who:

(a) Possesses an administrative licenseissued by the Teacher Standards and Prac-tices Commission;

(b) Is employed as a principal or super-intendent by a school district; and

(c) Has been assigned for fewer than twoschool years in the administrator′s presentposition.

(2) “Beginning teacher” means a teacherwho:

(a) Possesses a teaching license issued bythe Teacher Standards and Practices Com-mission;

(b) Is employed at least half-time, prima-rily as a classroom teacher, by a school dis-trict; and

(c) Has taught fewer than two schoolyears as a licensed probationary teacher inany public, private or state-operated school.

(3) “Mentor” means an individual who:(a) Is an acting or retired teacher, prin-

cipal or superintendent;

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(b) Has met established best practice andresearched-based criteria as defined by theState Board of Education by rule;

(c) Possesses a teaching or administrativelicense issued by the Teacher Standards andPractices Commission;

(d) Has successfully served for five ormore years as a licensed teacher, principalor superintendent in any public school; and

(e) Has been selected and trained as de-scribed in ORS 329.815.

(4) “Mentorship program” means a pro-gram provided by a mentor to a beginningteacher or administrator that includes, but isnot limited to, direct classroom observationand consultation, assistance in instructionalplanning and preparation, support in imple-mentation and delivery of classroom instruc-tion, development of school leadership skillsand other assistance intended to assist thebeginning teacher or administrator to be-come a confident and competent professionaleducator who makes a positive impact onstudent learning. [Formerly 329.675]

329.790 Findings on teacher and ad-ministrator programs. The Legislative As-sembly finds that:

(1) The quality of teaching and adminis-tration in the public schools is of vital im-portance to the future of this state;

(2) This state has a special interest inensuring that the induction of beginningteachers and administrators into their pro-fession enhances their professional growthand development by making a positive impacton student learning;

(3) The formal assignment of mentorswho have demonstrated the appropriate sub-ject matter knowledge and teaching and ad-ministrative skills will substantially improvethe induction and professional growth of be-ginning teachers and administrators in thisstate, as well as provide mentors with addi-tional and valuable opportunities to enhancetheir own professional growth;

(4) Teachers and administrators who re-ceive research-based, relevant mentoringproduce students with a higher rate ofachievement;

(5) School districts that have teachermentoring have a higher rate of retentionamong teachers; and

(6) Administrators who receive mentoringimprove their effectiveness as administratorsand continue to improve throughout theircareers. [Formerly 342.784; 2001 c.317 §3; 2007 c.863§2]

329.795 Beginning teacher and admin-istrator program established; districtparticipation; use of grants. (1) The State

Board of Education shall establish a begin-ning teacher and administrator mentorshipprogram to provide eligible beginning teach-ers and administrators in this state with acontinued and sustained mentorship programfrom a formally assigned mentor.

(2) Any district is eligible to participatein the mentorship program.

(3) A school district may enter into apartnership with another school district, aninstitution of higher education, an educationservice district or another organization tooperate jointly a mentorship program if:

(a) All moneys received as grants-in-aidfor the mentorship program are administeredby the participating school district to providedirect services to beginning teachers and ad-ministrators; and

(b) All other requirements of ORS 329.788to 329.820 are met.

(4) All programs in ORS 329.788 to329.820 are subject to the availability offunds appropriated therefor. [Formerly 342.786;2001 c.317 §4; 2007 c.863 §3]

329.800 Application; content. (1) Eachschool district that wishes to participate inthe beginning teacher and administratormentorship program shall submit a formalapplication to the Department of Education.The application shall include:

(a) The names of all eligible beginningteachers and administrators employed by theschool district and a description of their as-signments; and

(b) A description of the proposedmentorship program, which must providefrequent contact, totaling a minimum of 90hours, between the mentors and beginningteachers and administrators throughout theschool year.

(2) The school district shall certify in theapplication that no eligible beginning profes-sional educators are or may be under a con-ditional license, except as provided in rulesof the Teacher Standards and PracticesCommission. [Formerly 342.788; 2001 c.317 §6; 2007c.863 §4]

329.805 Grants-in-aid; amount; dis-tribution; rules. (1) Subject to ORS 291.232to 291.260, the Department of Educationshall distribute grants-in-aid to qualifyingschool districts to offset the costs of begin-ning teacher and administrator mentorshipprograms. A qualifying district shall receiveannually up to $5,000 for each full-timeequivalent beginning teacher and adminis-trator approved for support. Each biennium,the department shall adjust the amountspecified for each teacher or administratorbased on the Consumer Price Index, as de-fined in ORS 327.006.

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329.810 EDUCATION AND CULTURE

(2) If the funds are insufficient for all el-igible proposals, the Department of Educa-tion shall award grants on a competitivebasis, taking into consideration geographicand demographic diversity.

(3) The State Board of Education mayadopt such rules as it considers appropriatefor the distribution of grants-in-aid underthis section.

(4) A district that is determined by theDepartment of Education to be in violationof one or more of the requirements of ORS329.788 to 329.820 may be required to refundall grants-in-aid moneys distributed underORS 329.788 to 329.820. The amount of pen-alty shall be determined by the State Boardof Education. [Formerly 342.790; 2001 c.317 §7; 2007c.863 §5]

329.810 Training for mentors and be-ginning teachers and administrators. (1)After consulting with representatives ofteachers, administrators, school boards,schools of education, the Oregon UniversitySystem and such others as it considers ap-propriate, the Department of Education shallapprove training for mentors and beginningteachers and administrators in programsqualifying for grants-in-aid under ORS329.788 to 329.820.

(2) The training curriculum for mentorsshall be based on research and knowledge ofthe needs of beginning teachers and admin-istrators.

(3) Mentors shall be trained to build re-lationships of trust and mutual collaborationwith beginning teachers and administrators.

(4) Mentors shall receive professional de-velopment before the school year begins andthroughout the school year. [Formerly 342.792;2001 c.317 §8; 2001 c.382 §5; 2007 c.863 §6]

329.815 Mentors; selection; stipend. (1)Based on the requirements of ORS 329.788 to329.820, the selection, nature and extent ofduties of mentors shall be determined by theschool district.

(2) A teacher, principal or superintendentmay not be designated as a mentor unlesswilling to perform in that role.

(3) For purposes of actions taken underORS 342.805 to 342.937:

(a) A mentor may not participate in theevaluation of a beginning teacher or admin-istrator assigned to the mentor; and

(b) Any written or other reports of amentor regarding a beginning teacher or ad-ministrator assigned to the mentor may notbe used in the evaluation of the beginningteacher or administrator.

(4) Each mentor shall complete success-fully training provided or approved by theDepartment of Education while participating

in the beginning teacher and administratormentorship program.

(5) The stipend received for each begin-ning teacher or administrator may be usedby the school district to compensate mentorsor to compensate other individuals assignedduties to provide release time for teachers,principals or superintendents acting as men-tors. [Formerly 342.794; 2001 c.317 §9; 2007 c.863 §7]

329.820 Evaluation of programs; do-nations. (1) The Department of Educationshall be responsible for the regular and on-going evaluation of programs under ORS329.788 to 329.820 and may contract for suchevaluation. The department may not expendin a biennium more than 2.5 percent of thetotal amount of moneys available for theprograms on the evaluation of the programs.The evaluation may include assessments ofthe following:

(a) The effectiveness of the mentorshipprogram in the retention of beginning teach-ers and administrators in the school districtand in the profession; and

(b) Student performance on statewide andother assessments.

(2) The department may accept contrib-utions of moneys and assistance for the pur-pose of the evaluation of programs from anysource, public or private, and agree to con-ditions placed on the moneys not inconsist-ent with ORS 329.788 to 329.820. All moneysreceived by the department under this sub-section shall be deposited into the Depart-ment of Education Account to be used forthe evaluation of programs conducted underthis section. [Formerly 342.796; 2001 c.317 §10; 2007c.863 §8]

(Oregon Educator ProfessionalDevelopment Commission)

329.822 Commission established; mem-bers. (1) The Oregon Educator ProfessionalDevelopment Commission is establishedwithin the Department of Education for thepurpose of providing statewide collaborativeleadership for prekindergarten through post-secondary education in the areas of schoolimprovement.

(2) The commission consists of 16 mem-bers appointed as follows:

(a) The President of the Senate shall ap-point one member of the Senate.

(b) The Speaker of the House of Repre-sentatives shall appoint one member of theHouse of Representatives.

(c) The Governor shall appoint 14 mem-bers as follows:

(A) Two members who represent educa-tion service districts.

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(B) One member who represents the De-partment of Education.

(C) One member who represents a com-munity college.

(D) One member who represents a publicinstitution of higher education.

(E) One member who represents a not-for-profit private institution of higher educa-tion.

(F) One member who represents theTeacher Standards and Practices Commis-sion.

(G) One member who represents theGovernor′s office.

(H) Six members who represent publicschools for kindergarten through grade 12,including:

(i) One superintendent of a school dis-trict.

(ii) Two principals of schools.(iii) Two teachers licensed or certified by

the Teacher Standards and Practices Com-mission.

(iv) One classified employee of a school.(3) Members of the Legislative Assembly

appointed to the commission are nonvotingmembers of the commission and may act inan advisory capacity only.

(4)(a) The term of office of each memberof the commission is three years, but amember serves at the pleasure of the ap-pointing authority.

(b) Before the expiration of the term ofa member, the appointing authority shall ap-point a successor.

(c) A member is eligible for reappoint-ment.

(d) If there is a vacancy for any cause,the appointing authority shall make an ap-pointment to become immediately effectivefor the unexpired term.

(5) Members of the commission who aremembers of the Legislative Assembly are en-titled to mileage expenses and a per diem asprovided by ORS 171.072. Other members ofthe commission are not entitled to compen-sation but a member may be reimbursed foractual and necessary travel and other ex-penses incurred by the member in the per-formance of the member′s official duties inthe manner and amount provided in ORS292.495.

(6) The commission shall select fromamong its members a chairperson, vicechairperson and secretary, for such termsand with such duties and powers necessaryfor the performance of the functions of theoffices.

(7) A majority of the voting members ofthe commission constitutes a quorum for thetransaction of business.

(8) Official action by the commission re-quires the approval of a majority of the vot-ing members of the commission.

(9) The commission shall meet at leastonce each calendar quarter at a place, dayand hour determined by the commission. Thecommission may also meet at other times andplaces specified by the call of the chairper-son.

(10) The Department of Education mayaccept, on behalf of the commission, contrib-utions of moneys and assistance from theUnited States Government or its agencies orfrom any other source, public or private, andagree to conditions placed on the moneys notinconsistent with the duties of the commis-sion.

(11) All moneys received by the depart-ment under subsection (10) of this sectionshall be paid into the Department of Educa-tion Account established in ORS 326.115 tothe credit of the commission. The moneys arecontinuously appropriated to the commissionfor the purposes of carrying out the dutiesof the commission.

(12) The Department of Education shallsolicit and award a public contract for ser-vices provided by the commission, includingthe maintenance of the public website andthe provision of assistance to local schooldistricts. A contract may be procured onlyas provided by ORS 279B.060 and may not beprocured as a sole-source procurement underORS 279B.075, an emergency procurementunder ORS 279B.080 or a special procure-ment under ORS 279B.085. [2009 c.802 §1]

Note: Section 2, chapter 802, Oregon Laws 2009,provides:

Sec. 2. Notwithstanding the term of office specifiedby section 1 of this 2009 Act [329.822], of the membersfirst appointed to the Oregon Educator ProfessionalDevelopment Commission:

(1) Five shall serve for terms ending January 1,2011.

(2) Five shall serve for terms ending January 1,2012.

(3) Six shall serve for terms ending January 1, 2013.[2009 c.802 §2]

Note: 329.822 and 329.824 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 329 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

329.824 Public website; assistance tolocal school districts. (1)(a) The OregonEducator Professional Development Commis-sion established under ORS 329.822 shall:

(A) Develop and maintain a publicwebsite for posting and sharing professionaldevelopment opportunities.

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329.825 EDUCATION AND CULTURE

(B) Assist local school districts in devel-oping professional development plans to meetschool improvement objectives.

(b) The commission is not restricted toperforming the activities described in para-graph (a) of this subsection.

(2) The website developed and maintainedunder this section shall:

(a) Display a calendar of professional de-velopment programs being offered across thestate and be categorized by topics.

(b) Post feedback from users of profes-sional development programs, with an em-phasis on identifying successes, challengesand lessons learned.

(c) Provide contact information for pro-fessional development programs.

(d) Publish professional developmentstandards adopted by the State Board of Ed-ucation and relevant national professionalassociations to ensure that professional de-velopment program offerings are aligned withquality standards that support best practicesfor access to and delivery of professional de-velopment. [2009 c.802 §3]

Note: See note under 329.822.

(Successful Schools Program)329.825 Policy on successful and inno-

vative schools. It shall be the policy of theState of Oregon to promote and encouragesuccessful and innovative schools. Successshall be determined by establishing standardsof improvement in student learning andmeasuring each school′s performance inmeeting those standards. Schools that meetthose standards will be rewarded with addi-tional tools to further improve studentlearning. [1997 c.864 §1]

Note: 329.825 and 329.830 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 329 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

329.830 Establishment; application; in-centive rewards; rules. (1) The State Boardof Education shall establish a system of de-termining successful schools and dispensingappropriate incentive rewards to thoseschools. The system shall be based on aschool being the measurement unit to deter-mine success. School success shall be deter-mined by measuring a school′s improvementover a specific assessment period. The suc-cessful schools program shall be voluntary.

(2) A school may submit an applicationto the Department of Education for the suc-cessful schools program. The applicationshall include a short statement from theschool requesting consideration for the suc-cessful schools program. The applicationshall also include a copy of the district con-

tinuous improvement plan implemented pur-suant to ORS 329.095 for the school.

(3) A school may not amend its applica-tion after the application is submitted with-out approval by the state board. A schoolthat has submitted an application may notsubmit a new application until the assess-ment period has ended, unless the schoolwithdraws the previous application.

(4) The department shall distribute in-centive rewards to schools that are deter-mined to be successful schools. The boardshall establish criteria for determining suc-cessful schools. The criteria shall include,but not be limited to:

(a) The results from the statewide as-sessment system developed pursuant to ORS329.485;

(b) The achievement of measurable aca-demic goals from district continuous im-provement plans; and

(c) Other criteria relating to improve-ment in student learning.

(5) The department shall base the amountof the reward to each successful school onthe number of teachers employed by theschool. The minimum reward for each full-time teacher shall be $1,000. Part-timeteachers shall receive a percentage of thereward based on the amount of time thepart-time teacher worked. Teachers hiredduring the assessment period shall receive apercentage of the reward based on the lengthof time the teacher worked at the schoolduring the assessment period.

(6) Each teacher shall individually decidehow to use the reward. A reward shall beused by a teacher for classroom enhance-ments or professional development. As usedin this subsection, “classroomenhancements” means items and activitiesthat will improve student learning, including,but not limited to, books, instructional mate-rials, multimedia equipment and software,supplies and field trips.

(7) The State Board of Education shalladopt any rules necessary to implement thesuccessful schools program. [1997 c.864 §2; 2007c.858 §25a]

Note: See note under 329.825.

(Early Success Reading Initiative)329.832 Legislative findings. The Legis-

lative Assembly finds that:(1) Reading is the gateway to learning

and a key to building a child′s self-esteem.(2) Children who read below grade level

after third grade are at significantly greaterrisk of truancy, school failure, criminal andat-risk behaviors, early pregnancy and sub-stance abuse.

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(3) Research shows that children whohave academic problems and exhibit at-riskbehavior can be helped most effectivelythrough prevention programs designed spe-cifically to strengthen the collaborative andcollective decision-making skills ofkindergarten through grade three teachersand administrators within each individualschool.

(4) Scientifically based assessment meth-ods can identify as early as kindergartenthose children needing extra help to success-fully learn to read.

(5) Scientifically based instructionalreading materials can provide the readingskills children need to successfully learn toread. [2001 c.861 §1]

Note: 329.832 to 329.837 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 329 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

329.834 Creation; components; readingsites. (1) There is created the Early SuccessReading Initiative for the State of Oregon.

(2) The purpose of the initiative is torecognize the essential need of elementaryschools to effectively use research-basedteaching practices and learning strategies.

(3) The components of the Early SuccessReading Initiative include, but are not lim-ited to:

(a) Providing research-based assessmentsystems to administrators, teachers and thepublic in order to provide the decision-making and accountability informationneeded to monitor children′s progress as theylearn to read.

(b) Screening and continuously monitor-ing the reading progress of all children fromkindergarten through the completion of thethird grade.

(c) Using scientific, research-based read-ing systems to create school cultures andprocesses that enable all children to readsuccessfully, including children with disabili-ties and children with linguistic and culturaldiversity and other learning needs.

(d) Enabling administrators and teacherswithin each individual school to collect, in-terpret and use student learning data to:

(A) Guide kindergarten through gradethree teachers and administrators in instruc-tional decisions;

(B) Implement a kindergarten throughgrade three schoolwide reading action plan;

(C) Provide strategies for student groups;and

(D) Provide structured interaction withparents.

(e) Establishing a relationship betweenschool districts and the University of Oregonto provide instructional and research supportto assist school administrators, teachers andparents to enable students in kindergartenthrough grade three to learn to read effec-tively and successfully through means thatare in congruence with state standards forreading and common curriculum goals.

(4) The University of Oregon may design,implement and monitor the Early SuccessReading Initiative. The University of Oregonmay provide consultation services to schooldistricts that establish early success readingsites.

(5) The goal of the initiative is to enableeach school district to establish early successreading sites at individual elementaryschools. An elementary school that is ini-tially selected as an early success readingsite shall serve as a model and as a resourceto other elementary schools within its schooldistrict as those schools implement the initi-ative. [2001 c.861 §2]

Note: See note under 329.832.

329.837 Report. The University of Ore-gon shall report annually on the implemen-tation, longitudinal progress and results ofthe Early Success Reading Initiative to theGovernor, the Superintendent of Public In-struction and the appropriate legislativecommittees. [2001 c.861 §3]

Note: See note under 329.832.

OREGON VIRTUAL SCHOOL DISTRICT329.840 Creation; purpose; online

course standards; rules. (1) There is cre-ated the Oregon Virtual School Districtwithin the Department of Education. Thepurpose of the Oregon Virtual School Dis-trict is to provide online courses tokindergarten through grade 12 public schoolstudents.

(2) The Oregon Virtual School Districtshall provide online courses that meet aca-demic content standards as defined in ORS329.007 and meet other criteria adopted bythe State Board of Education. Any personwho teaches an online course must be prop-erly licensed or registered as required byORS 338.135 and 342.173 for a person em-ployed by a school district or public charterschool. All school districts and public char-ter schools may allow students to access theonline courses offered by the Oregon VirtualSchool District.

(3) The Superintendent of Public Instruc-tion may contract with education servicedistricts, school districts, public charterschools, community colleges, state insti-tutions of higher education or any other

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329.842 EDUCATION AND CULTURE

public entity to provide online coursesthrough the Oregon Virtual School District.

(4) Statutes and rules that apply to otherschool districts do not apply to the OregonVirtual School District except as providedunder this section or by rule of the StateBoard of Education. The Oregon VirtualSchool District is not considered a schooldistrict for purposes of apportionment of theState School Fund and the department maynot receive a direct apportionment underORS 327.008 from the State School Fund forthe Oregon Virtual School District.

(5) The board may adopt the rules neces-sary for the administration of the OregonVirtual School District and shall adopt rulesto establish:

(a) The procedure and criteria to be usedfor the selection of online courses to be of-fered through the Oregon Virtual SchoolDistrict;

(b) The qualifications of students whomay access online courses through the Ore-gon Virtual School District;

(c) The number of credits for which stu-dents may access online courses through theOregon Virtual School District; and

(d) The student-to-teacher ratio for onlinecourses offered through the Oregon VirtualSchool District. [2005 c.834 §1]

Note: 329.840 and 329.842 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 329 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

329.842 Oregon Virtual School DistrictFund. (1) The Oregon Virtual School Dis-trict Fund is established in the State Treas-ury, separate and distinct from the GeneralFund. Interest earned by the Oregon VirtualSchool District Fund shall be credited to thefund. All moneys in the fund are contin-uously appropriated to the Department ofEducation for the administration of the Ore-gon Virtual School District created underORS 329.840.

(2) Any moneys received by the depart-ment for the purpose of the Oregon VirtualSchool District shall be deposited in thefund. [2005 c.834 §3]

Note: See note under 329.840.

MISCELLANEOUS329.850 Duties of Education and

Workforce Policy Advisor. (1) The Educa-tion and Workforce Policy Advisor, in con-sultation with the Department of Education,the Department of Community Colleges andWorkforce Development, the Bureau of Laborand Industries, the Oregon Business Devel-opment Department and the Department of

Human Services, shall propose policies andstrategies consistent with this chapter.

(2) The Education and Workforce PolicyAdvisor′s policies and strategies must takeinto account that:

(a) The state must promote innovativethinking with respect to the curriculum andeducational delivery system of Oregon publicschools;

(b) The state must require of all youth alevel of achievement that prepares them topursue college, career and technical educa-tion programs, apprenticeships, work-basedtraining and school-to-work programs;

(c) Greater employer investment is es-sential in the ongoing training of all workersto meet workforce needs;

(d) The state must encourage Oregonbusinesses to improve productivity by creat-ing high performance work organizationsthat provide high skills and high wage op-portunities for youth and adults; and

(e) All employment-related training, edu-cation and job placement services andsources of funds must be coordinated amongstate agencies and boards and must comple-ment the state′s overall efforts on behalf ofyouth and adults. [Formerly 326.830; 1997 c.652 §22;2009 c.94 §4]

329.855 [Formerly 326.835; 1995 c.660 §42; 1997 c.652§23; 2001 c.684 §23; 2003 c.303 §12; repealed by 2007 c.858§40]

329.860 Outreach to students nolonger attending school. Education servicedistricts, school districts or schools, or anycombination thereof, may contact any eligi-ble elementary or secondary school studentand the student′s family if the student hasceased to attend school to encourage thestudent′s enrollment in an education pro-gram that may include alternative learningoptions. If the student or the family cannotbe located, the name and last-known addressshall be reported to the school nearest theaddress. The school shall attempt to deter-mine if that student or family is being pro-vided services by this state and shall seek toassist the student or family in any appropri-ate manner. [Formerly 336.157; 1995 c.278 §41; 1995c.660 §44; 1997 c.652 §24; 2003 c.303 §13; 2007 c.858 §26]

329.875 District eligibility to receivefunds under chapter. (1) Public school dis-tricts or consortia of such districts with ed-ucation service districts are eligible toreceive funds under this chapter.

(2) The Department of Education shallevaluate the programs that receive grantsunder this chapter and report the results ofthe evaluation to the Legislative Assembly inthe manner prescribed in ORS 192.245. [1993c.45 §94a]

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ACT FOR 21st CENTURY; REFORM 329.885

329.885 School-to-work transitions andwork experience programs; funding; el-igibility for grants. (1) It is the policy ofthe State of Oregon to encourage educationalinstitutions and businesses to develop, inpartnership, models for programs related toschool-to-work transitions and work experi-ence internships.

(2) From funds available, the Departmentof Education may allocate to any educationservice district, school district, individualsecondary school or community collegegrants to develop programs such as thosedescribed in subsection (1) of this section.

(3) To receive a grant to operate a pro-gram described in subsection (1) of this sec-tion, a business shall demonstrate to thesatisfaction of the department that the pro-gram shall:

(a) Identify groups that have been tradi-tionally underrepresented in the programsand internships, particularly in health care,business and high technology employmentpositions.

(b) Encourage students who belong togroups identified in paragraph (a) of thissubsection, particularly students in second-ary schools and community colleges, to applyfor consideration and acceptance into amodel program described in subsection (1) ofthis section.

(c) Promote an awareness of career op-portunities in the school-to-work transitionand the work experience internships amongstudents sufficiently early in their educa-tional careers to permit and encourage stu-dents to apply for the model programs.

(d) Promote cooperation among busi-nesses, school districts and community col-leges in working toward the goals of theOregon Educational Act for the 21st Cen-tury.

(e) Develop academic skills, attitudes andself-confidence necessary to allow students tosucceed in the work environment, includingattitudes of curiosity and perseverance andthe feelings of positive self-worth that resultfrom sustained effort.

(f) Provide a variety of experiences thatreinforce the attitudes needed for success inthe business world.

(4) The department shall direct fund re-cipients to adopt rules establishing standardsfor approved programs under this section,including criteria for eligibility of organiza-tions to receive grants, and standards to de-termine the amount of grants.

(5) The department may seek and receivegifts, grants, endowments and other fundsfrom public or private sources as may bemade from time to time, in trust or other-wise, for the use and benefit of the purposesof the school-to-work transition and the workexperience internship programs and may ex-pend the same or any income therefrom ac-cording to the terms of such gifts, grants,endowments or other funds. [1993 c.765 §46; 1999c.59 §82; 2001 c.104 §108; 2007 c.858 §27]

329.900 [1993 c.765 §9; 1995 c.660 §45; repealed by1997 c.652 §63]

329.905 [Formerly 285.200; 2005 c.209 §14; repealedby 2007 c.858 §40]

329.910 [1993 c.765 §21; repealed by 1997 c.652 §63]329.915 [Formerly 285.203; repealed by 2007 c.858

§40]329.920 [1993 c.765 §5; 1997 c.652 §25; repealed by

2007 c.858 §40]329.925 [Formerly 285.205; repealed by 2007 c.858

§40]329.930 [1993 c.765 §18; 2005 c.209 §15; repealed by

2007 c.858 §40]329.935 [Formerly 285.207; repealed by 1995 c.660

§50]329.940 [1993 c.765 §10; repealed by 1997 c.652 §63]329.945 [Formerly 285.213; 2001 c.104 §109; repealed

by 2001 c.684 §38]329.950 [Formerly 285.225; repealed by 2007 c.858

§40]329.955 [Formerly 285.230; 1997 c.652 §26; 2001 c.525

§2; renumbered 657.736 in 2001]329.960 [1993 c.765 §19; 1997 c.652 §27; repealed by

2001 c.684 §38]329.965 [1993 c.765 §19a; 1997 c.61 §8; 1997 c.652 §28;

2001 c.524 §2; 2001 c.684 §24; renumbered 657.732 in 2001]329.970 [Formerly 285.243; repealed by 1997 c.652

§63]329.975 [Formerly 285.247; 1997 c.652 §29; 2001 c.684

§25; repealed by 2007 c.858 §40]329.990 [Amended by 1963 c.22 §1; renumbered as

part of 330.990]

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EDUCATION AND CULTURE

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