Chapter 329 — Oregon Educational Act for the 21st Century; Educational Improvement

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Chapter 329 — Oregon Educational Act for the 21st Century;

Educational Improvement and Reform

2001 EDITION

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 chapter shall be known as the Oregon Educational Act for the 21st Century.

(2) The Department of Education shall be the coordinating agency for furthering implementation of this chapter. This chapter shall be subject to review by the Legislative Assembly until the year 2001 for purposes of evaluating progress toward achieving the various mandates of this chapter and also effecting any necessary changes.

(3) The appropriate legislative interim committee shall:

(a) Develop the form and content expected of the ongoing review described in this section;

(b) Notify the appropriate agencies of expectations; and

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

329.007 Definitions. As used in this chapter, unless the context requires otherwise:

(1) "Academic content standards" or "academic standards" means expectations of student knowledge and skills in identified content areas adopted by the State Board of Education under ORS 329.045.

(2) "Administrator" includes all persons whose duties require an administrative license.

(3) "Board" or "state board" means the State Board of Education.

(4) "Community learning center" means a school-based or school-linked program providing informal meeting places and coordination for community activities, adult education, child care, information and referral and other services as described in ORS 329.157. "Community learning center" includes, but is not limited to, a community school program as defined in ORS 336.505, family resource centers as described in ORS 417.725, full service schools, lighted schools and 21st century community learning centers.

(5) "Content areas" includes mathematics, science, history, geography, economics, civics, English, second languages, the arts and physical education. English includes, but is not limited to, reading and writing. The arts include, but are not limited to, literary arts, performing arts and visual arts. History, geography, economics and civics include, but are not limited to, Oregon Studies.

(6) "Department" means the Department of Education.

(7) "District planning committee" means a committee composed of teachers, administrators and public members established for the purposes of ORS 329.537 to 329.605.

(8) "Oregon Studies" means history, geography, economics and civics specific to the State of Oregon. Oregon Studies instruction in Oregon government shall include municipal, county, tribal and state government, as well as the electoral and legislative processes.

(9) "Parents" means parents or guardians of students who are covered by this chapter.

(10) "School district" means a school district as defined in ORS 332.002, an education service district, a state-operated school or any legally constituted combination of such entities.

(11) "School Improvement and Professional Development program" means a formal plan submitted by a school district and approved by the Department of Education according to criteria specified in ORS 329.675 to 329.745 and 329.790 to 329.820.

(12) "Second languages" means any foreign language or American Sign Language.

(13) "Teacher" means any licensed employee of a school district who has direct responsibility for instruction, coordination of educational programs or supervision of students and who is compensated for such services from public funds. "Teacher" does not include a school nurse, as defined in ORS 342.455, or a person whose duties require an administrative license.

(14) "21st Century Schools Council" means a council established pursuant to ORS 329.704.

(15) "Work-related learning experiences" means opportunities in which all students may participate in high quality programs that provide industry related and subject matter related learning experiences that prepare students for further education, future employment and lifelong learning. [1995 c.660 §2; 1999 c.1023 §4; 1999 c.1029 §1; 2001 c.759 §1]

Note: 329.007 was added to and made a part of ORS chapter 329 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

329.010 [Repealed by 1957 c.678 §1]

329.015 Educational goals. (1) The Legislative Assembly believes that education is a major civilizing influence on the development of a humane, responsible and informed citizenry, able to adjust to and grow in a rapidly changing world. Students must be encouraged to learn of their heritage and their place in the global society. The Legislative Assembly concludes that these goals are not inconsistent with the goals to be implemented under this chapter.

(2) The Legislative Assembly believes that the goals of kindergarten through grade 12 education are:

(a) To demand academic excellence through a rigorous academic program that equips students with the information and skills necessary to pursue the future of their choice;

(b) To provide an environment that motivates students to pursue serious scholarship and to have experience in applying knowledge and skills and demonstrating achievement; and

(c) To provide students with lifelong academic skills that will prepare them for the ever-changing world. [Formerly 326.710; 1995 c.660 §3]

329.020 [Repealed by 1957 c.678 §1]

329.025 Characteristics of school system. It is the intent of the Legislative Assembly to maintain a system of public elementary and secondary schools that allows students, parents, teachers, administrators, school district boards and the State Board of Education to be accountable for the development and improvement of the public school system. The public school system shall have the following characteristics:

(1) Provides equal and open access and educational opportunities for all students in the state regardless of their linguistic background, culture, race, gender, capability or geographic location;

(2) Assumes that all students can learn and establishes high, specific skill and knowledge expectations and recognizes individual differences at all instructional levels;

(3) Provides special education, compensatory education, linguistically and culturally appropriate education and other specialized programs to all students who need those services;

(4) Provides students with a solid foundation in the skills of reading, writing, problem solving and communication;

(5) Provides opportunities for students to learn, think, reason, retrieve information, use technology and work effectively alone and in groups;

(6) Provides for rigorous academic content standards and instruction in mathematics, science, history, geography, economics, civics and English;

(7) Provides students an educational background to the end that they will function successfully in a constitutional republic, a participatory democracy and a multicultural nation and world;

(8) Provides students with instruction in, but not limited to, health, physical education, second languages and the arts;

(9) Provides students with the knowledge and skills that will provide the opportunities to succeed in the world of work, as members of families and as citizens;

(10) Provides students with the knowledge, skills and positive attitude that lead to an active, healthy lifestyle;

(11) Provides students with the knowledge and skills to take responsibility for their decisions and choices;

(12) Provides opportunities for students to learn through a variety of teaching strategies;

(13) Emphasizes involvement of parents and the community in the total education of students;

(14) Transports children safely to and from school;

(15) Ensures that the funds allocated to schools reflect the uncontrollable differences in costs facing each district;

(16) Ensures that local schools have adequate control of how funds are spent to best meet the needs of students in their communities; and

(17) Provides for a safe, educational environment. [Formerly 326.715; 1995 c.660 §4; 1999 c.1029 §2]

329.030 [Repealed by 1957 c.678 §1]

329.035 Findings; objectives. The Legislative Assembly declares that:

(1) The State of Oregon believes that all students can learn and should be held to rigorous academic content standards and expected to succeed.

(2) Access to a quality education must be provided for all of Oregon’s youth regardless of linguistic background, culture, race, gender, capability or geographic location.

(3) A restructured educational system is necessary to achieve the state’s goals of the best educated citizens in the nation and the world.

(4) The specific objectives of this chapter and ORS 329.905 to 329.975 are:

(a) To achieve the highest standards of academic content and performance;

(b) In addition to a diploma, to establish the Certificates of Initial Mastery and Advanced Mastery as evidence of new high academic standards of performance for all students;

(c) To establish alternative learning environments and services for students who experience difficulties in achieving state or local academic standards;

(d) To establish early childhood programs and academic professional technical programs as part of a comprehensive educational system; and

(e) To establish partnerships among business, labor and the educational community in the development of standards for academic professional technical indorsements and provide work-related learning experiences necessary to achieve those standards. [Formerly 326.720; 1995 c.660 §5]

329.040 [Repealed by 1963 c.544 §52]

329.045 Revision of Common Curriculum Goals including Essential Learning Skills and academic content standards; instruction in academic content areas. (1) In order to achieve the goals contained in ORS 329.025 and 329.035, the State Board of Education shall regularly and periodically review and revise its Common Curriculum Goals. This includes Essential Learning Skills and rigorous academic content standards in mathematics, science, history, geography, economics, civics, English and physical education. School districts and public charter schools shall maintain control over course content, format, materials and teaching methods but shall ensure that students receive instruction in the academic content areas. The rigorous academic content standards shall reflect the knowledge and skills necessary for achieving Certificates of Mastery and diplomas pursuant to ORS 329.025 and as described in ORS 329.447. The regular review shall involve teachers and other educators, parents of students and other citizens and shall provide ample opportunity for public comment.

(2) The State Board of Education shall continually review all adopted standards and shall raise the standards in academic content areas to the highest levels possible.

(3) The Common Curriculum Goals reviewed and revised by the board under subsection (1) of this section shall also include goals in health. In accordance with the Common Curriculum Goals, school districts shall offer instruction in content areas and health. [Formerly 326.725; 1995 c.660 §6; 1999 c.200 §29; 1999 c.1029 §3]

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 be mandated without adequate funding support. Therefore, those features of this chapter which require significant additional funds shall not be implemented statewide until funding is available. [Formerly 326.740]

329.070 [Repealed by 1963 c.544 §52]

329.075 Statewide implementation; rules; duties of department; pilot programs; assessments defined. (1) The State Board of Education shall adopt rules, in accordance with ORS 183.025 and 183.310 to 183.550, as necessary for the statewide implementation of this chapter. The rules shall be prepared in consultation with appropriate representatives from the educational and business and labor communities.

(2) The Department of Education shall be responsible for coordinating research, planning and public discussion so that activities necessary to the implementation of this chapter can be achieved. Actions by the department to fulfill this responsibility and to increase student achievement may include, but are not limited to:

(a) Updating Common Curriculum Goals to meet rigorous academic standards;

(b) Developing criterion-referenced assessments including performance-based, content-based and other assessment mechanisms to test knowledge and skills;

(c) Establishing criteria for Certificates of Initial Mastery and Advanced Mastery, and for benchmarks at grades 3, 5, 8 and 10;

(d) Establishing criteria for early childhood improvement programs;

(e) Amending the application process for school improvement grants;

(f) Researching and developing public school choice plans;

(g) Working with the Education and Workforce Policy Advisor and the Department of Community Colleges and Workforce Development to develop no fewer than six broad career indorsement areas of study; and

(h) Establishing criteria for learning options that may include alternative learning centers.

(3) The State Board of Education shall create, by rule, a process for school districts to initiate and propose pilot programs. The rules shall include a process for waivers of rules and regulations and a process for approval of the proposed pilot programs.

(4) The Department of Education shall make school districts and the public aware of public school choice options available within our current public education framework.

(5) The Department of Education shall:

(a) Evaluate pilot programs developed pursuant to ORS 329.690 using external evaluators to provide data that specify the educational effectiveness, implementation requirements and costs of the programs and to describe what training, funding and related factors are required to replicate pilot programs that are shown to be effective;

(b) Present to the State Board of Education and the appropriate legislative committee an annual evaluation of all pilot programs; and

(6) As used in this section:

(a) "Criterion-referenced assessment" means testing of the knowledge or ability of a student with respect to some standard.

(b) "Content-based assessment" means testing of the understanding of a student of a predetermined body of knowledge.

(c) "Performance-based assessment" means testing of the ability of a student to use knowledge and skills to create a complex or multifaceted product or complete a complex task. [Formerly 326.745; 1995 c.660 §8; 1997 c.652 §21; 1999 c.871 §1]

Note: Section 7, chapter 660, Oregon Laws 1995, provides:

Sec. 7. Implementation of extended school year. Prior to implementation of an extended school year, the Department of Education shall study the fiscal, academic, societal and emotional impact of extended school year models being used in Oregon, the United States and other countries. The department shall report the findings of the study to the Legislative Assembly. [1995 c.660 §7]

329.077 Waiver or extension of timelines; requirements; process. (1) A school district may submit a request to the State Board of Education for a waiver or an extension of any timeline or timelines for program implementation in this chapter or chapter 693, Oregon Laws 1991. The request shall state the reasons the district needs the waiver or cannot meet the statutory timeline or timelines. The request must also include a written plan detailing the steps the district will take to achieve full implementation of the program or programs for which the waiver or extension is requested. The written plan shall be for a period of one to five years and shall include a method to measure the progress toward implementation of the program or programs for which a waiver or an extension is sought. The waiver or extension shall not exceed five school years.

(2) Upon receipt of a request for a waiver or an extension, the board shall grant the waiver or extension if it determines that the district has good cause to request a delay in the implementation of the program or programs and determines that the written plan is likely to achieve program implementation within the time requested for the waiver or extension.

(3) The board shall establish by rule the process for applying for and obtaining a waiver or an extension of a timeline, including the criteria for the approval of a written plan of implementation and the grounds constituting good cause for granting the delay in implementation of the program. [1995 c.660 §30; 2001 c.448 §1]

Note: 329.077 was added to and made a part of ORS chapter 329 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

329.080 [Repealed by 1963 c.544 §52]

(Assessing Effectiveness)

329.085 Assessment required; report to school district; standards. (1) To facilitate the attainment and successful implementation of educational standards under ORS 326.051 (1)(a), 329.025 and 329.035, the State Board of Education or its designee shall assess the effectiveness of each public school district. The findings of the assessment shall be reported to the school district within six months.

(2) The board shall establish the standards, including standards of accessibility to educational opportunities, upon which the assessment is based.

(3) On a periodic basis, the board shall review existing standards and, after public hearings and consultation with local school officials, shall adopt by rule a revised set of standards. [Formerly 326.755; 1995 c.660 §10a; 1997 c.17 §1]

329.090 [Repealed by 1963 c.544 §52]

329.095 School district self-evaluations; local district improvement plans; department’s technical assistance. (1) The State Board of Education shall require school districts and schools to conduct self-evaluations and update their local district improvement plans on a biennial basis. The self-evaluation process shall involve the public in the setting of local goals. The school districts shall ensure that representatives from the demographic groups of their school population are invited to participate in the development of local district improvement plans to achieve the goals.

(2) As part of setting local goals, school districts are encouraged to undertake a communications process that involves parents, students, teachers, school employees and community representatives to explain and discuss the local goals and their relationship to programs under this chapter.

(3) At the request of the school district, Department of Education staff shall provide ongoing technical assistance in the development and implementation of the local district improvement plan.

(4) The local district improvement plan shall include district efforts to achieve local efficiencies and efforts to make better use of resources. Efficiencies may include, but are not limited to, use of magnet schools, energy programs, public and private partnerships, staffing and other economies.

(5) All school districts shall, as part of their local district improvement plan, develop programs and policies to achieve a safe, educational environment.

(6) Local district improvement plans shall include the district’s and school’s short-term and long-term plans for staff development.

(7) Local district and school goals and district and school improvement plans shall be made available to the public.

(8) The self-evaluations shall include a review of demographics, student performance, student access to and utilization of educational opportunities and staff characteristics. However, failure to complete the self-evaluation process shall not constitute grounds for withholding of state moneys. [Formerly 326.760; 1995 c.660 §11]

329.100 [Repealed by 1963 c.544 §52]

329.105 School district and school performance reports; criteria for grading schools; included data. (1) The Superintendent of Public Instruction shall collect data and produce annual school district and school performance reports containing information on student performance, student behavior and school characteristics. The purpose of the performance reports is to provide information to parents and to improve schools through greater parental involvement.

(2)(a) In consultation with representatives of parents, teachers, school district boards and school administrators, the State Board of Education shall adopt, by rule, criteria for grading schools. Such criteria shall take into account student performance, improvement in student performance and the participation rate of students on the statewide assessments. The Superintendent of Public Instruction, based on the criteria adopted by the State Board of Education, shall assign a grade to each school for student performance, student behavior and school characteristics and also shall assign an overall grade to the school. The grades shall include classifications for exceptional performance, strong performance, satisfactory performance, low performance and unacceptable performance.

(b) The grades received by a school shall be included in the school district and school performance reports.

(c) If a school is within the low performance or unacceptable performance classification in any category, the school shall file a school improvement plan with the Superintendent of Public Instruction and with the school district board and the 21st Century Schools Council for the school.

(3) The Superintendent of Public Instruction shall include in the school performance reports data for the following areas, for each school, that are available to the Department of Education from the most recent school year:

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

(b) Attendance rates;

(d) Students who met or exceeded standards leading to the Certificate of Initial Mastery;

(e) Dropout rates and the number of students who dropped out of school;

(f) Parent and community involvement such as volunteer hours;

(g) Classes taught by a teacher outside the teacher’s area of certification; and

(h) School staff, identified by category.

(4) The Superintendent of Public Instruction shall include in the school district performance reports data for the following areas, for each school district, that are available to the Department of Education from the most recent school year:

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

(b) Facilities used for distance learning;

(d) Expenditures;

(e) Level of support from the education service district;

(f) Administrators not assigned to a specific school;

(g) School district staff, identified by category; and

(h) Students who are eligible for special education.

(5) The Superintendent of Public Instruction shall notify the public and the media by January 30 of each year that school district and school performance reports are available at schools and school districts and at the Department of Education website and offices. The superintendent shall also include notice that copies of school and district improvement plans can be obtained from school and school district offices. Each school district shall send a copy of the school district and applicable school performance reports to each parent of a child enrolled in a public school in the school district. [Formerly 326.765; 1995 c.660 §12; 1999 c.938 §1; 2001 c.959 §2]

329.110 [Repealed by 1963 c.544 §52]

329.115 Oregon Report Card. (1) Prior to September 30 of each year, the Superintendent of Public Instruction shall issue an Oregon Report Card on the state of the public schools and progress toward achieving the goals contained in ORS 329.025 and 329.035.

(2) The purpose of the Oregon Report Card is to monitor trends among school districts and Oregon’s progress toward achieving the goals stated in this chapter. The report on the state of the public schools shall be designed to:

(a) Allow educators and local citizens to determine and share successful and unsuccessful school programs;

(b) Allow educators to sustain support for reforms demonstrated to be successful;

(d) Facilitate the use of educational resources and innovations in the most effective manner.

(3) The report shall contain, but need not be limited to:

(a) Demographic information on public school children in this state.

(b) Information pertaining to student achievement, including statewide assessment data, graduation rates and dropout rates, including progress toward achieving the education benchmarks established by the Oregon Progress Board, with arrangements by minority groupings where applicable.

(d) Information pertaining to the characteristics of the school and school staff, including assignment of teachers, experience of staff and the proportion of minorities and women represented on the teaching and administrative staff.

(e) Budget information, including source and disposition of school district operating funds and salary data.

(f) Examples of exemplary programs, proven practices, programs designed to reduce costs or other innovations in education being developed by school districts in this state that show improved student learning.

(g) Such other information as the superintendent obtains under ORS 329.105.

(4) In the second and subsequent years that the report is issued, the report shall include a comparison between the current and previous data and an analysis of trends in public education. [Formerly 326.770; 1995 c.660 §13]

329.120 [Repealed by 1963 c.544 §52]

(Parental and Community Participation)

329.125 Policy on parental and community participation. The Legislative Assembly recognizes that students in public elementary and secondary schools can best reach the levels of performance expected under the provisions of this chapter with parental and community participation in the education process. It is, therefore, recommended but not required that:

(1) School districts provide opportunities for parents or guardians to be involved in establishing and implementing educational goals and to participate in decision-making at the school site;

(2) Employers recognize the need for parents or guardians and members of the community to participate in the education process not only for their own children but for the educational system;

(3) Employers be encouraged to extend appropriate leave to parents or guardians to allow greater participation in that process during school hours;

(4) School districts enter into partnerships with business, labor and other groups to provide workplace-based professional development opportunities for their educational staff; and

(5) School districts enter into partnerships with recreation groups, faith-based organizations, social service and health care agencies, businesses, child care providers and other groups that support children and families to create community learning centers for students, parents and members of the surrounding 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 and 329.155:

(1) "Families" means a group of individuals related by blood, marriage or adoption, or individuals whose functional relationships are similar to those found in such associations. The family’s purpose is the security, support, nurturance, love, transmission of values and facilitation of each member’s growth and development, and is the primary social unit affecting a child’s well-being.

(2) "Services" means education and all other programs and services addressing one or more of a child’s six basic needs as follows: stimulus, nutrition, health, safety, nurturance and shelter.

(3) "Young children" means children zero through eight years of age. [Formerly 326.785]

329.150 Services for children and families at school site; policy. A school district may provide services for children and families at the school site, which may include a community learning center. If the district chooses to provide services, the design of educational and other services to children and their families shall be the responsibility of the school district. School districts may coordinate services with programs provided through the local commissions on children and families to provide services to families. To ensure that all educational and other services for young children and their families offer the maximum opportunity possible for the personal success of the child and family members, it is the policy of this state that the following principles for serving children should be observed to the maximum extent possible in all of its educational and other programs serving young children and their families, including those programs delivered at community learning centers:

(1) Services for young children and their families should be located as close to the child and the family’s community as possible, encouraging community support and ownership of such services;

(2) Services for young children and their families should reflect the importance of integration and diversity to the maximum extent possible in regard to characteristics such as race, economics, gender, creed, capability and cultural differences;

(3) Services should be designed to support and strengthen the welfare of the child and the family and be planned in consideration of the individual family’s values;

(4) Services should be designed to ensure continuity of care among care givers in a given day and among service plans from year to year;

(5) Service systems should address the most urgent needs in a timely manner including health, intervention and support services; and

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

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

(2) The Legislative Assembly finds that dollars invested in quality programs, such as the Head Start program after which the Oregon prekindergarten is modeled, return the costs thereof several times over in costs saved in the areas of remedial education, corrections and human services. [Formerly 336.005]

Note: 329.153 was added to and made a part of ORS chapter 329 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

329.155 Standards for education programs and programs providing services for children and families; interagency coordination. (1) State agencies that administer education programs and other programs that provide services for children and families shall:

(a) Evaluate the effectiveness of the program as related to the principles stated in ORS 329.025 and 417.305 in the earliest stages of the budget process, including components within programs as appropriate;

(b) Articulate ways in which the program is an effective component of agency and state priorities, goals and strategies, such as those developed by the Oregon Progress Board, or to relevant research and professional standards;

(c) Establish plans, interagency partnerships, implementation practices and interactions with local coordinated comprehensive plans;

(d) Utilize the information generated by applicable state advisory groups and by the local planning process administered by the State Commission on Children and Families in the program assessment of needs and decisions as to service delivery in a given community; and

(e) Identify barriers to improving program capability to serve the needs of young children and related recommendations, if any.

(2) The processes listed in subsection (1) of this section are for the purpose of generating interagency coordination so as to serve to the greatest extent possible young children and their families in a comprehensive and developmentally appropriate fashion. The information generated by these processes shall be considered as a contribution to subsequent budget decisions by state and local agencies, the Oregon Department of Administrative Services and Legislative Assembly, and as a contribution to the planning and coordination tasks of the State Commission on Children and Families. [Formerly 326.795; 1999 c.59 §80; 1999 c.1053 §26]

(Community Learning Centers)

329.156 Creation; requirements; technical assistance. (1) The Department of Education, the Department of Human Services, the State Commission on Children and Families and the Oregon Criminal Justice Commission shall support the development and implementation of a network of community learning centers across the state.

(2) Within available funding, the State Commission on Children and Families, in conjunction with local commissions on children and families or other organizations that provide training and technical assistance to schools or community programs, shall provide training and technical assistance to promote the development and implementation of community learning centers. To the extent possible, the State Commission on Children and Families shall use voluntary organizations to provide the training and technical assistance.

(3) If a community learning center is created by a school district, the school district shall coordinate with the local commission on children and families to ensure that the community learning center is referenced in the local coordinated comprehensive plan, implemented pursuant to ORS 417.775.

(4) Community learning centers created pursuant to this section shall:

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

(b) Involve parents in the care and education of their children;

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

(e) In partnership with the local school district board, create or designate an advisory committee to offer guidance on program development and implementation, with membership that is representative of the diversity of community interests, including representatives of businesses, schools, faith-based organizations, social service and health care agencies, cultural groups, recreation groups, municipal governments, community colleges, libraries, child care providers, parents and youths;

(f) Conduct an assessment of strengths, needs and assets within the community to be served by the community learning center that identifies services being delivered in the community, defines and clarifies services that are missing or overlapping and builds on any existing community assessments; and

(g) Coordinate the community assessment with the local commission on children and families.

(5) The Department of Human Services and the Department of Education shall provide technical assistance to community learning centers to develop policies ensuring that confidential information is disclosed only in accordance with state and federal laws. [2001 c.759 §5]

Note: 329.156 to 329.159 were added to and made a part of ORS chapter 329 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

329.157 Identification and coordination of existing resources. (1) Community learning centers shall promote identification and coordination of existing resources including, but not limited to, the following services and activities:

(a) Before-school and after-school enrichment activities linked with the school curriculum;

(b) Youth development and service learning activities;

(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 development 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, including immunizations, sports physicals and well-child checkups; and

(m) Counseling services.

(2) School districts that create community learning centers shall encourage existing family resource centers to become involved in the development and implementation of the community learning centers. An existing family resource center developed under ORS 417.725 may be designated as a community learning center if the family resource center meets the standards specified in this section and ORS 329.156.

(3) Community learning centers shall follow best practice standards to ensure their effectiveness. [2001 c.759 §6]

Note: See note under 329.156.

329.159 Evaluation; reporting. (1) Within available funding, the Department of Education shall, in conjunction with the Department of Human Services, the State Commission on Children and Families, representatives of local commissions on children and families, and the Juvenile Crime Prevention Advisory Committee, explore the feasibility of conducting a statewide evaluation of the effectiveness of community learning centers. The evaluation may consider the following outcomes:

(a) Student attendance;

(b) Test scores;

(d) Family mobility;

(e) Disciplinary referrals; and

(f) Referrals to the juvenile justice system.

(2) The Department of Education, in consultation with the Department of Human Services, the State Commission on Children and Families, representatives of local commissions on children and families, and the Juvenile Crime Prevention Advisory Committee, shall create a form for reporting and monitoring information collected by community learning centers. The form shall be designed to collect the following data:

(a) Unduplicated number of children and unduplicated number of adults served in community learning center programs;

(b) Number of requests for information and other referrals;

(d) Increases in or reductions of collaboration among agencies and departments;

(e) Increases in or reductions of the use of public facilities for community and family programs; and

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

Note: See note under 329.156.

Note: Sections 8 and 9, chapter 759, Oregon Laws 2001, provide:

Sec. 8. The Department of Education shall report on the progress of exploring the feasibility of the statewide evaluation described in section 7 of this 2001 Act [329.159] to the relevant legislative committees of the Seventy-second Legislative Assembly. [2001 c.759 §8]

Sec. 9. For the 2001-2003 biennium, the Legislative Fiscal Office shall consult with the Department of Human Services and the Oregon Criminal Justice Commission to identify the resources in the budget that have been awarded to community learning centers. Prior to November 30, 2002, the Legislative Fiscal Office shall report to the Emergency Board on those resources and the programs and services the resources support. [2001 c.759 §9]

(Early Childhood Education)

329.160 Policy on early childhood and parenting education; funding goals. It is the policy of this state to implement programs for early childhood education, for parenting education including instruction about prenatal care, for child-parent centers and for extended Oregon prekindergarten programs. By 1999, funding for programs shall be available for 50 percent of children eligible for Oregon prekindergarten programs, and, by 2004, full funding for programs shall be available for all eligible children. The Oregon prekindergarten program shall continue to be operated in coordination with the federal Head Start program in order to avoid duplication of services and so as to ensure maximum use of resources. The state shall continue funding Oregon prekindergarten programs with a goal to have full funding for all eligible children. [Formerly 326.810; 1995 c.660 §17]

329.165 Development of long-range plan for serving children and families. (1) In consultation with the advisory committee for the Oregon prekindergarten program, the Department of Education and the Department of Community Colleges and Workforce Development shall develop a long-range plan for serving eligible children and their families and shall report to each regular session of the Legislative Assembly on the funds necessary to implement the long-range plan, including but not limited to regular programming costs, salary enhancements and program improvement grants. The department shall determine the rate of increase in funding for programs necessary each biennium to provide service to all children eligible for the prekindergarten program by 2004.

(2) The Department of Education and the Department of Community Colleges and Workforce Development shall include in their budget requests to the Governor funds sufficient to implement each two-year phase of the long-range plan.

(3) Each biennial report shall include but not be limited to estimates of the number of eligible children and families to be served, projected cost of programs and evaluation of the programs. [Formerly 326.813; 1995 c.660 §18]

329.170 Definitions for ORS 329.170 to 329.200. As used in ORS 329.170 to 329.200:

(1) "Advisory committee" means the advisory committee established specifically for the Oregon prekindergarten program established by ORS 329.170 to 329.200.

(2) "Oregon prekindergartens" means those programs which are recognized by the department as meeting the minimum program rules to be adopted by the State Board of Education and provide comprehensive health, education and social services in order to maximize the potential of children three and four years of age.

(3) "Oregon prekindergarten program" means the statewide administrative activities carried on within the Department of Education to allocate, award and monitor state funds appropriated to create or assist local Oregon prekindergartens.

(4) For purposes of ORS 329.175, "eligible child" means an at-risk child who is not a participant in a federal, state or local program providing like comprehensive services and may include children who are eligible under rules adopted by the State Board of Education. As used in this subsection, "at-risk child" means a child at least three years of age and not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal Head Start program.

(5) "Department" means the Department of Education. [Formerly 326.600; 2001 c.831 §15]

329.175 Department to administer prekindergarten program; grants; eligibility; coordination with other programs. (1) The Department of Education shall administer the Oregon prekindergarten program to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. Eligible children, upon request of parent or guardian, shall be admitted to approved Oregon prekindergartens to the extent that the Legislative Assembly provides funds.

(2) Nonsectarian organizations including school districts and Head Start grantees are eligible to compete for funds to establish an Oregon prekindergarten. Grant recipients shall serve children eligible according to federal Head Start guidelines and other children who meet criteria of eligibility adopted by rule by the State Board of Education. However, not more than 20 percent of the total enrollment shall consist of children who do not meet Head Start guidelines. School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the program. Funds appropriated for the program shall be used to establish and maintain new or expanded Oregon prekindergartens and shall not be used to supplant federally supported Head Start programs. Oregon prekindergartens also may accept gifts, grants and other funds for the purposes of this section.

(3) Applicants shall identify how they will serve the target population and provide all components as specified in the federal Head Start performance standards and guidelines, including staff qualifications and training, facilities and equipment, transportation and fiscal management.

(4) Oregon prekindergartens shall coordinate with each other and with federal Head Start programs to ensure efficient delivery of services and prevent overlap. Oregon prekindergartens shall also work with local organizations such as local education associations serving young children and make the maximum use of local resources.

(5) Oregon prekindergartens shall:

(a) Participate in the planning process under ORS 417.777 to develop a voluntary local early childhood system plan; and

(b) Coordinate services with other services that are coordinated through the plan. The coordination of services shall be consistent with federal and state law. [Formerly 326.605; 2001 c.831 §16]

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

329.183 Prekindergarten Program Trust Fund. (1) The Prekindergarten Program Trust Fund is established as a fund in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust fund shall be credited to the trust fund. The primary purpose of the trust fund is to assist eligible children with comprehensive services including educational, social, health and nutritional development to enhance their chances for success in school and life. For this purpose, the trust fund is continuously appropriated for and shall be expended only for the Oregon prekindergarten program described in ORS 329.170 to 329.200.

(2) The State Board of Education may solicit and accept money in the form of gifts, contributions and grants to be deposited in the trust fund. Except as provided in ORS 329.185, the acceptance of federal grants for purposes of ORS 329.170 to 329.200 does not commit state funds nor place an obligation upon the Legislative Assembly to continue the purposes for which the federal funds are made available.

(3) The trust fund may be listed, if otherwise qualified, on the Oregon income tax return for checkoff pursuant to application made to the Oregon Charitable Checkoff Commission under ORS 305.690 to 305.753 by the State Board of Education. [1995 c.636 §4; 2001 c.831 §17]

329.185 Expansion of Oregon prekindergarten program. When the federal Head Start program provides funding for programs for eligible children at or greater than the 1990-1991 per child level, eligibility for the state funded Oregon prekindergarten program shall be expanded to include programs for children whose family income exceeds the federal Head Start limits or who are in an underserved or unserved age category. After determining the increase in income limits or age level that would make children most in need of state programs eligible for them, the State Board of Education may direct expenditure of any unexpended or unobligated funds appropriated for the biennium for eligible children to be expended for the additional children considered to be most in need. In the following biennium, the State Board of Education shall include the cost of any added program for the children most in need in its biennial budget. [Formerly 326.815; 1995 c.660 §19; 2001 c.831 §18]

Note: 329.185 was added to and made a part of ORS chapter 329 by legislative action but was not added to 329.170 to 329.200. See Preface to Oregon Revised Statutes for further explanation.

329.190 Advisory committee. The Department of Education and the Department of Community Colleges and Workforce Development shall establish an advisory committee composed of interested parents and representatives from the State Commission on Children and Families, health care profession, early childhood education and development staff preparation programs, Oregon Head Start Association, school districts, community colleges, Early Intervention Council, child care and other organizations as considered necessary by the Department of Education and the Department of Community Colleges and Workforce Development to assist with the establishment of the Oregon prekindergarten program. [Formerly 326.615; 1999 c.39 §5; 2001 c.831 §19]

329.195 Rules; grant applications. (1) The State Board of Education shall adopt rules for the establishment of the Oregon prekindergarten program. Rules specifically shall require the Oregon prekindergarten program to provide for parental involvement and performance standards at a level no less than that provided under the federal Head Start program guidelines. Federal Head Start program guidelines shall be considered as guidelines for the Oregon prekindergarten program.

(2) In developing rules for the Oregon prekindergarten program, the board shall consult with the advisory committee and shall consider such factors as coordination with existing programs, the preparation necessary for instructors, qualifications of instructors, training of staff, adequate space and equipment and special transportation needs.

(3) The Department of Education and the Department of Community Colleges and Workforce Development shall review applications for the Oregon prekindergarten program received and designate those programs as eligible to commence operation by July 1 of each year. When approving grant applications, to the extent practicable, the State Board of Education shall distribute funds regionally based on percentages of unmet needs as identified in the voluntary local early childhood system plans that are part of the local coordinated comprehensive plans developed under ORS 417.775 for the county or region. [Formerly 326.620; 2001 c.831 §20]

329.200 Report on program by state superintendent; department to assess program effectiveness. (1) The Superintendent of Public Instruction shall report to the Legislative Assembly on the merits of continuing and expanding the Oregon prekindergarten program or instituting other means of providing early childhood development assistance.

(2) The superintendent’s report shall include specific recommendations on at least the following issues:

(a) The relationship of the state-funded Oregon prekindergarten program with the common school system;

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

(c) The appropriate level of state support for implementing the program for all eligible children, including related projects to prepare instructors and provide facilities, equipment and transportation;

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

(e) Licensing or indorsement of early childhood teachers.

(3) The Department of Education, in consultation with the Department of Community Colleges and Workforce Development, shall examine, monitor and assess the effectiveness of the Oregon prekindergarten program. The superintendent shall make biennial reports to the Legislative Assembly on the effectiveness of the program. [Formerly 326.625; 2001 c.831 §21]

329.210 [Repealed by 1953 c.306 §18]

(Early Childhood Improvement Program)

329.215 Definitions for ORS 329.215 to 329.235. As used in ORS 329.215 to 329.235:

(1) "Approved program" means an early childhood education program approved by the Department of Education.

(2) "At-risk children" means children who may have difficulty achieving in school and who meet criteria established by the State Board of Education by rule.

(3) "Early childhood education" means educational programs that conform to the standards adopted by the State Board of Education by rule and that are designed for the education and training of children who are at least three years of age but have not passed their ninth birthday, and includes all special educational programs established and operated under this chapter.

(4) "Early Childhood Improvement Program" means those programs meeting the criteria included in ORS 329.237 and complying with rules adopted by the State Board of Education.

(5) "Extended day services" means programs that serve young children and operate during hours beyond regular school time. [Formerly 343.415]

329.220 [Repealed by 1953 c.306 §18]

329.225 Operating guides for programs; approval of programs; program requirements. (1) The Department of Education shall prepare operating guides for early childhood education programs applicable to programs under ORS 329.215 to 329.235 that are consistent with requirements imposed by the State Board of Education by rule for kindergarten through grade three.

(2) The Department of Education shall review applications for approval of early childhood education programs and may approve those prekindergarten programs after considering:

(a) The educational adequacy and type of program.

(b) The number of children who will be served by the program.

(d) The need for the program in the applying district.

(3) Providers of early childhood education programs shall:

(a) Participate in the planning process under ORS 417.777 to develop a voluntary local early childhood system plan; and

(b) Coordinate services with other services that are coordinated through the plan. The coordination of services shall be consistent with federal and state law. [Formerly 343.425; 2001 c.831 §22]

329.228 Early Childhood Education Trust Fund. (1) The Early Childhood Education Trust Fund is established as a fund in the State Treasury, separate and distinct from the General Fund. Interest earned by the trust fund shall be credited to the trust fund. The primary purpose of the trust fund is to assist public school districts in providing programs designed to improve educational services for children enrolled in kindergarten through grade three. For this purpose, the trust fund is continuously appropriated for and shall be expended only for programs described in ORS 329.215 to 329.235.

(2) The State Board of Education may solicit and accept money in the form of gifts, contributions and grants to be deposited in the trust fund. The acceptance of federal grants for purposes of ORS 329.215 to 329.235 does not commit state funds nor place an obligation upon the Legislative Assembly to continue the purposes for which the federal funds are made available.

329.230 [Repealed by 1953 c.306 §18]

329.235 How district may provide early childhood education. Subject to the approval of the Superintendent of Public Instruction:

(1) The district school board of any school district in which there are resident children who are three years of age or older but who have not attained compulsory attendance age and who are not enrolled in a kindergarten of the district may:

(a) Provide early childhood education for such children as part of the district’s educational program; or

(b) When the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for instruction of such children in a school district operating an approved early childhood education program, subject to such reimbursement as the districts may agree.

(2) An education service district may operate an approved early childhood education program in the same manner as programs are provided under ORS 334.175 or 334.185. [Formerly 343.435]

329.237 Administration; program design; components. (1) The Department of Education shall administer the Early Childhood Improvement Program to assist public school districts in providing programs designed to improve educational services for children enrolled in kindergarten through grade three. Programs shall be based on research and proven successful practices.

(2) The programs shall include the following planned components:

(a) Targeted services for "at-risk" children that may be in cooperation with local commissions on children and families to provide services to families, which may include but are not limited to remedial and alternative academic programs, child care, parent participation and child development services.

(b) Efforts to improve the kindergarten through third grade curriculum and educational practices so that they:

(A) Are consistent with research findings on how children learn;

(B) Are sensitive to individual differences such as cultural background and learning styles; and

(C) Encourage parent participation. Such efforts may include but are not limited to adapting curricula and training administrators and other staff in early childhood education and child development.

(c) Comprehensive education, health care and social services for children to be provided through interagency agreements among school districts, health care and social service providers.

(d) Evaluation of programs by goals set by the district for the program.

(e) Planned transition from prekindergarten programs to kindergarten through grade three.

(3) In addition to the components listed in subsection (2) of this section, Early Childhood Improvement Programs may include but are not limited to the following components:

(a) Extended day services for school age children who need care or enrichment opportunities; and

(b) Programs designed to improve the adult to child ratios in kindergarten through grade three.

(4) The district application shall include:

(a) Plans developed by 21st Century Schools Councils at the school building level as described in ORS 329.704; and

(b) Demonstrated consistency with the local assessments and local coordinated comprehensive plans resulting from ORS 417.705 to 417.797.

(5) Funds shall be available to districts with approved applications on a per child basis for the district’s children enrolled in kindergarten through grade three. Funds not allocated shall be prorated to the districts with approved applications not later than the end of the fiscal year for which the allocation is made.

(6) If the district plan proposes use of innovative instructional materials, the State Board of Education, pursuant to ORS 337.050, may waive the use of such instructional materials as might otherwise have been required. [Formerly 336.435; 1995 c.660 §20; 1999 c.59 §81; 1999 c.1053 §27]

329.240 [Repealed by 1953 c.306 §18]

329.245 Rules; applications. (1) The State Board of Education shall adopt rules for the establishment of the Early Childhood Improvement Program. Rules shall require school districts to include in their applications cooperative efforts with other programs for young children.

(2) The Department of Education shall review and approve applications by July 1 of each year. [Formerly 336.437]

329.250 [Repealed by 1953 c.306 §18]

(Child Development and Student-Parent Programs)

329.255 Child development specialists; services provided. (1) The district school board of every school district operating any elementary schools may make the services of a child development specialist available to the pupils enrolled in the elementary schools and their families.

(2) A child development specialist shall provide primary prevention services directly or in cooperation with others in settings in addition to the school setting:

(a) To pupils enrolled in the elementary school, with priority given at the primary level, including kindergarten, to assist them in developing positive attitudes toward themselves and others in relation to life career roles and to ensure that appropriate assessment and screening procedures that recognize academic and individual differences are provided for the early identification of talents and strengths on which to base a positive learning experience for each child.

(b) To the professional staff of the elementary school to assist them in early identification of pupils enrolled therein with learning or developmental problems.

(c) To parents of pupils enrolled in elementary schools to assist them in understanding their children’s unique aptitudes and needs and to aid in relating home, school and neighborhood experiences.

(d) To refer pupils enrolled in the elementary school and their families to appropriate state or local agencies for additional assistance as needed.

(e) To coordinate resources available through the community and the school.

(3) The district school board of every school district operating any elementary schools may make the services of a child development specialist, as described in subsection (2) of this section available to children four years of age or younger and their families residing in its district. If such children need assessment, the child development specialist shall ensure that appropriate assessment and screening procedures that recognize academic and individual differences are provided for early identification of barriers or needs that prevent successful transition to early education programs.

(4) School districts may provide the services authorized or required under this section by contract with qualified state or local programs. [Formerly 343.125; 1995 c.660 §21; 1999 c.871 §§2,3]

329.260 [Repealed by 1953 c.306 §18]

329.265 State reimbursement for costs. (1) Following the close of each fiscal quarter for which reimbursement is claimed, any district making the services of a child development specialist available pursuant to ORS 329.255 in a state approved program shall file a verified claim with the Superintendent of Public Instruction for the reimbursement as designated in the notice of allotment for the costs incurred by the district in providing the services of the child development specialist.

(2) If the Superintendent of Public Instruction approves the application for reimbursement, the superintendent shall cause the district to be reimbursed in the amount claimed in accordance with the state approved program provided in subsection (1) of this section. In no case shall the state reimbursement from funds available for the child development specialist program exceed 75 percent of the approved annual cost of the program nor shall the state’s expenditure exceed the amount appropriated by the Legislative Assembly for this purpose. [Formerly 343.135]

329.275 State board guidelines; qualifications for child development specialists. (1) The State Board of Education by rule shall establish guidelines for implementation of ORS 329.255 and 329.265, including but not limited to qualifications for child development specialists and procedures for community coordination of efforts. Such qualifications and procedures shall not be limited to traditional treatment oriented disciplines or the various disciplines requiring certification.

(2) Exceptions to the qualifications established by the state board may be made if the state board determines after a hearing that an individual is capable of performing the required functions. [Formerly 343.145; 1999 c.871 §§4,5]

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; grants. (1) The Department of Education shall prepare operating guides for child development programs and for student-parent programs applicable to programs under ORS 315.234, 318.031 and this section that are consistent with requirements imposed by the State Board of Education.

(2) The Department of Education shall review applications for approval of child development programs and student-parent programs and may approve up to 20 child development and up to 20 student-parent programs after considering:

(a) The educational adequacy and type of programs.

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

(d) The need for the programs in the applying district.

(3) In approving applications for child development programs, the department shall require that the school district use the contributions described in ORS 315.234 and 318.031 for child development curriculum and in the formulation and initiation of on-site child development centers. Each center must be able to accommodate not more than 30 full-time equivalent spaces for children, distributed according to needs of the community.

(4) In approving applications for student-parent programs, the department shall require that the school district use the contributions described in ORS 315.234 and 318.031 for appropriate education for student-parents leading to graduation and in the formulation and development of appropriate on-site child care facilities. Each facility must be able to accommodate not more than 30 full-time equivalent spaces for children, distributed according to the needs of the student-parents.

(5) As used in this section:

(a) "Child development program" means an educational program that conforms to standards adopted by the State Board of Education and that consists of an education component and a child care component.

(b) "Student-parent program" means an educational program that conforms to standards adopted by the State Board of Education and that consists of education for the student-parent and child care for the student-parent’s child. [Formerly 336.850; 1995 c.278 §38]

329.390 [Repealed by 1953 c.306 §18]

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

(1) "Child development program" means an educational program funded by ORS 329.395 to 329.425 that conforms to standards adopted by the State Board of Education and that consists of an education component and a child care component.

(2) "Teenage parent program" means an educational program funded by ORS 329.395 to 329.425 that conforms to standards adopted by the State Board of Education and that consists of education for the student-parent and child care for the student-parent’s child. [Formerly 336.870; 1995 c.278 §39]

329.400 [Repealed by 1953 c.306 §18]

329.405 Study of existing program. The Department of Education shall study the child development program and the teenage parent program at Churchill High School in Eugene and other programs that provide services of a similar nature to determine how these programs could be replicated in other high schools. [Formerly 336.875]

329.415 Grant procedures for ORS 329.395 to 329.425. (1) The Department of Education shall prepare operating guides for child development programs and for teenage parent programs applicable to programs under ORS 329.395 to 329.425 that are consistent with requirements imposed by the State Board of Education.

(2) The Department of Education shall review applications for approval of child development programs and teenage parent programs and may approve those programs after considering:

(a) The educational adequacy and type of programs.

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

(d) The need for the programs in the applying district.

(3) In approving applications for child development programs, the department shall require that the school district use its grant for child development curriculum and in the formulation and initiation of on-site child development centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to needs of the community.

(4) In approving applications for teenage parent programs, the department shall require that the school district use the grant in connection with appropriate education for teenage parents leading to graduation and in the formulation and development of appropriate on-site child care centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to the needs of the teenage student-parents.

(5) Results of the study required by ORS 329.405 shall be used as a basis for school district planning. [Formerly 336.880]

329.420 [Repealed by 1953 c.306 §18]

329.425 Grants under ORS 329.395 to 329.425. (1) An approved school district child development program shall be entitled to receive a grant not to exceed $50,000.

(2) An approved school district teenage parent program shall be entitled to receive a grant not to exceed $25,000.

(3) A district may receive grants under both subsections (1) and (2) of this section but no district is entitled to receive more than $75,000 for the grant period. [Formerly 336.885]

329.430 [Repealed by 1953 c.306 §18]

329.440 [Repealed by 1953 c.306 §18]

(Diplomas; Certificates of Mastery)

329.445 Recognition of needs of middle educational levels. The Department of Education shall review district improvement plans to ensure that the school restructuring efforts framed in this chapter address the unique learning and developmental needs of the middle educational levels between the early childhood education and Certificate of Initial Mastery levels detailed in this chapter. [Formerly 326.730; 1995 c.660 §22]

329.447 Diploma; certificates; career indorsements. School districts shall continue to issue diplomas to students as evidence that students have completed their public school education. At or before grade 12, a diploma shall be conferred upon all students completing the requirements established by the State Board of Education and the school districts. In addition to the diploma, the following shall be available:

(1) A certificate, to be conferred upon students who with additional services and accommodations do not meet the Certificate of Initial Mastery standards.

(2) Certificate of Initial Mastery, to be conferred upon all students meeting state and local standards and requirements required for the Certificate of Initial Mastery pursuant to ORS 329.465.

(3) Certificate of Advanced Mastery, to be conferred upon all students meeting state and local standards and requirements for the Certificate of Advanced Mastery in one of the areas pursuant to ORS 329.475.

(4) Career indorsements, which are focus areas that identify a high quality career related course of study which informs students about future choices and simultaneously prepares them for further education, lifelong learning and employment. [1995 c.660 §25]

329.450 [Repealed by 1953 c.306 §18]

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

329.460 [Repealed by 1953 c.306 §18]

329.465 Certificate of Initial Mastery. (1) By the end of the 1995-1996 school year, the State Board of Education shall revise and adopt standards and requirements for the Certificate of Initial Mastery and design a plan that enables school districts to phase in academic standards so that students have opportunities to obtain a Certificate of Initial Mastery by no later than the 1998-1999 school year, in the manner designated in the state board’s plan.

(2) The State Board of Education shall prescribe the standards, pursuant to ORS 329.025 and 329.035, that a student must meet in order to obtain a Certificate of Initial Mastery. The Certificate of Initial Mastery shall be based on a series of performance-based assessments and content assessments benchmarked to mastery levels at approximately grades 3, 5, 8 and 10. The assessment methods shall include work samples and tests and may include portfolios. The state board shall establish a certificate for students who, with additional services and accommodations, do not meet the Certificate of Initial Mastery standards. Students shall be allowed to collect credentials over a period of years, culminating in a project or exhibition that demonstrates attainment of the required knowledge and skills that have been measured by a variety of valid assessment methods.

(3) Requirements for the Certificate of Initial Mastery shall:

(a) Ensure that students have the necessary knowledge and demonstrate the skills to read, write, problem solve, reason and communicate;

(b) Ensure that students have the opportunity to demonstrate the ability to learn, think, retrieve information and use technology;

(c) Ensure that students have the opportunity to demonstrate that they can work effectively as individuals and as an individual in group settings; and

(d) Ensure that student assessment is based on academic content standards in mathematics, science, history, geography, economics, civics, English, second languages, the arts and physical education.

(4) Prior to July 1, 1997, school districts shall submit plans to the Department of Education setting forth the steps the district will take to ensure that its programs meet the requirements necessary for students to obtain a Certificate of Initial Mastery. Each district’s plan shall demonstrate how alternative learning program options will be available for students working toward a Certificate of Initial Mastery and a diploma.

(5) The provisions of this section may be applied individually as appropriate to students enrolled in special education programs under ORS chapter 343.

(6) The Department of Education shall develop procedures to accommodate out-of-state students, students taught by a parent, legal guardian or private teacher as described in ORS 339.030, private school students transferring into public schools and migrant children from other states and countries.

(7) Nothing in this section is intended to apply the Certificates of Mastery programs or standards to private school students or students taught by a parent, legal guardian or private teacher as described in ORS 339.030. [Formerly 335.140; 1995 c.660 §23; 1999 c.717 §3; 1999 c.1029 §4]

Note: Sections 6 and 7, chapter 1029, Oregon Laws 1999, provide:

Sec. 6. Academic content standards in physical education. Pursuant to ORS 329.465 (3)(d), as part of the implementation of the Certificate of Initial Mastery, the State Board of Education shall develop academic content standards in physical education to be implemented by the 2001-2002 school year. [1999 c.1029 §6]

Sec. 7. Assessments for physical education. School districts shall develop and administer assessments for physical education to be implemented by the 2003-2004 school year. [1999 c.1029 §7]

329.467 Submission of Certificate of Initial Mastery materials. The State Board of Education shall submit Certificate of Initial Mastery standards, requirements and plans for implementation to the legislative interim committees on education for input and direction before administrative rules for the Certificate of Initial Mastery are adopted. [1995 c.660 §24a]

329.470 [Repealed by 1953 c.306 §18]

329.475 Certificate of Advanced Mastery with indorsements. (1) After the State Board of Education adopts standards and rules for the Certificate of Advanced Mastery, each school district shall institute programs that allow students to qualify for a Certificate of Advanced Mastery with indorsements that prepare students for post-secondary academic pursuits and professional technical careers.

(2) School districts may implement the programs in a public education institution such as a public school, education service district, community college, public professional technical school or institution of higher education, or any combination thereof, that enrolls the student and meets the requirements of the State Board of Education.

(3) The programs must provide a combination of work-related learning experiences and study in accordance with ORS 329.855. The program shall include a comprehensive educational component that meets rigorous academic standards.

(4) All courses necessary for a Certificate of Advanced Mastery shall be available to all students.

(5) The State Board of Education shall adopt a framework for the Certificate of Advanced Mastery programs and timelines for implementation of the programs for the school districts to follow as resources become available to the school districts. The Department of Education may provide technical assistance to assist school districts in the implementation of the Certificate of Advanced Mastery programs.

(6) In establishing the requirements for Certificates of Advanced Mastery with indorsements, the State Board of Education shall adopt rules that facilitate movement among the indorsements and shall encourage public school choice and mobility so as to enhance a student’s opportunities for a full range of educational experiences.

(7) The public education institution shall be reimbursed for the student’s tuition by the district in which the student resides pursuant to ORS 339.115 and rules of the State Board of Education, in an amount not to exceed the student’s tuition or the amount the district receives for the student from state funds, whichever is less. A school district shall not receive state funds for the student in an amount that exceeds the student’s tuition. Any adult who wishes to pursue an indorsement, or any student having earned the Certificate of Advanced Mastery or a diploma or who has attained 19 years of age and who wishes to continue a program, may do so by paying tuition. As used in this section, "public education institution" does not include a public school to which a student has transferred under ORS 329.485.

(8) Programs developed under this section shall meet the highest academic standards possible and provide students with opportunities for a broad range of quality work-related learning experiences.

(9) A high school diploma issued by a private or out-of-state secondary school as signifying successful completion of grade 12 shall be considered equivalent to a high school diploma issued by an Oregon public school. [Formerly 335.150; 1995 c.660 §28; 1995 c.769 §1; 1997 c.353 §1]

Note: Section 27, chapter 660, Oregon Laws 1995, provides:

Sec. 27. Submission of standards and rules for Certificate of Advanced Mastery; implementation by school districts; incentive programs. (1) Prior to March 1, 1999, the Department of Education shall submit standards and rules for the Certificate of Advanced Mastery adopted by the State Board of Education pursuant to ORS 329.475 to the Legislative Assembly.

(2) Pursuant to the standards and rules adopted by the State Board of Education, each school district prior to September 1, 2004, shall institute programs that allow students to qualify for the Certificate of Advanced Mastery. However, a school district shall not be required to award any Certificate of Advanced Mastery prior to September 1, 2004.

(3) The Department of Education shall establish incentive programs to encourage school districts to implement the Certificate of Advanced Mastery prior to September 1, 2004. The incentive programs shall provide a variety of models for implementation of the Certificate of Advanced Mastery in school districts that vary in size and location in the state. The incentive programs shall also provide a variety of models for career indorsement areas.

(4) Notwithstanding subsection (2) of this section, school districts shall demonstrate continued progress toward development and implementation of the Certificate of Advanced Mastery prior to statewide implementation. [1995 c.660 §27; 1997 c.353 §2]

329.480 [Repealed by 1953 c.306 §18]

329.485 Statewide assessment system; types of assessments; subjects; rules; additional services or alternative educational options. (1)(a) The Department of Education shall implement statewide a valid and reliable assessment system for all students that meets technical adequacy standards. The assessment system, to be completed by the year 2000, shall include criterion-referenced assessments including performance-based assessments, content-based assessments, as those terms are defined in ORS 329.075, and other valid methods to measure the academic content standards and to identify students who meet or exceed the standards for each mastery level leading to the Certificate of Initial Mastery and the Certificate of Advanced Mastery. However, until this plan is operational, assessment shall continue at grades 3, 5, 8 and 10.

(b) The Department of Education shall develop the statewide assessment system in:

(A) Mathematics, to be implemented by the 1995-1996 school year.

(B) English, to be implemented by the 1996-1997 school year.

(D) History, geography, economics and civics, to be implemented by the 1998-1999 school year.

(2) Prior to full statewide implementation of the assessment system pursuant to subsection (1) of this section, the State Board of Education by rule shall establish criteria for determining whether students have demonstrated the knowledge and skills necessary to perform successfully at each level in the manner described in ORS 329.465, 329.475 and 329.855.

(3) An assessment shall be administered to students on or after March 1 of a school year if the assessment is:

(a)(A) A mathematics assessment that tests problem solving skills; or

(B) An English assessment that tests writing skills; and

(b) Administered as part of the statewide assessment in grades 3, 5 or 8.

(4) The State Board of Education shall establish by rule a process for granting a waiver to a school district of the testing dates established by the Department of Education for the statewide assessment. The rules adopted by the board shall include the criteria for a waiver.

(5) Each year the resident district shall be accountable for determining the student’s progress toward achieving the standards at grades 3, 5, 8 and 10. Progress toward the standards shall be measured in a manner that clearly enables the student and parents to know whether the student is making progress toward meeting or exceeding the standards at grades 3, 5, 8 and 10. In addition, the district shall adopt a grading system based on the local school district board adopted course content of the district’s curriculum. The grading system shall clearly enable the student and parents to know how well the student is achieving course requirements.

(6) If a student has not met or has exceeded all of the standards at grades 3, 5, 8 and 10, the school district shall make additional services or alternative educational or public school options available to the student.

(7) If the student to whom additional services or alternative educational options have been made available does not meet or exceed the standards within one year, the school district, with the consent of the parents, shall make an appropriate placement, which may include an alternative education program or the transfer of the student to another public school in the district or to a public school in another district that agrees to accept the student. The district that receives the student shall be entitled to payment. The payment shall consist of:

(a) An amount equal to the district expenses from its local revenues for each student in average daily membership, payable by the resident district in the same year; and

(b) Any state and federal funds the attending district is entitled to receive payable as provided in ORS 339.133 (2). [Formerly 335.160; 1995 c.660 §29; 2001 c.269 §1]

329.487 Second language proficiency; arts proficiency; music opportunities; waivers. (1) In the 21st century, all Oregonians should be able to communicate in a second language. School districts shall make available to all students the opportunity to achieve this goal.

(2) All students who have met the requirements for a Certificate of Initial Mastery shall demonstrate a level of proficiency in a second language as determined by the school district board.

(3) In the 21st century, all Oregon students should have the opportunity to participate in a music curriculum. School districts shall make available to all students the opportunity to demonstrate a level of proficiency in the arts, including music, as determined by the school district board.

(4) Each school district board shall determine the method of implementation of the second language and music requirements of this section.

(5) Each school district board shall adopt criteria for granting individual students a waiver of the second language and music requirements of this section. [1995 c.660 §26; 1999 c.806 §1; 2001 c.443 §1]

Note: Section 2, chapter 443, Oregon Laws 2001, provides:

Sec. 2. The amendments to ORS 329.487 by section 1 of this 2001 Act relating to the second language requirement first apply to students in the 2004-2005 school year. [2001 c.443 §2]

329.489 American Sign Language; proficiency; curricula development; teachers. (1) Within the State of Oregon’s kindergarten through grade 12 education system, proficiency for students in American Sign Language shall be in accordance with rules adopted by the State Board of Education pursuant to ORS chapter 329 and any other applicable state or federal law.

(2) The State Board of Education is encouraged to continue to:

(a) Coordinate with the State Board of Higher Education and the Oregon State School for the Deaf to develop curricula for American Sign Language courses;

(b) Implement programs to locate and prepare qualified teachers and interpreters of American Sign Language; and

(c) Assist public high schools in identifying local and regional needs and resources available for American Sign Language courses. [1995 c.687 §1]

Note: 329.489 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 329 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

329.490 [Repealed by 1953 c.306 §18]

329.492 Oregon Studies; development of academic content standards. (1) The Department of Education shall develop academic content standards for Oregon Studies by the 2001-2002 school year. The department shall consult with the Oregon Historical Society in the development of the academic content standards in Oregon Studies and in the preparation of materials to support teacher training and classroom instruction in Oregon Studies. The materials shall include a balanced presentation of the relevant contributions to society by men and women of African-American, Hispanic, Native American, Asian-American and other racial groups in Oregon.

(2) The Oregon Historical Society may use any public funds allocated to the Oregon Historical Society for the purposes of this section. In addition, the Oregon Historical Society may raise additional funds from private sources for the purposes of this section. [1999 c.1023 §3]

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

329.500 [Repealed by 1953 c.306 §18]

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]

OREGON 21st CENTURY SCHOOLS PROGRAM

329.537 Funding for Oregon 21st Century Schools Program and School Improvement and Professional Development program. (1) There is a high priority given to the Oregon 21st Century Schools Program under ORS 329.537 to 329.605 and the School Improvement and Professional Development program under ORS 329.675 to 329.745. Therefore, in addition to other funds available for the purposes of the Oregon 21st Century Schools Program and the School Improvement and Professional Development program, as funds become available, an additional amount may be allocated by the Legislative Assembly for the purposes of these programs. The amount shall be distributed to eligible school districts at the same time and in the same manner as the State School Fund is distributed. The amount distributed to any eligible school district depends on the amount approved in the school district’s application.

(2) The decision to distribute funds under this section shall be made by the State Board of Education on advice of the Oregon 21st Century Schools Advisory Committee. [1991 c.693 §13; 1995 c.660 §49]

329.540 [Repealed by 1953 c.306 §18]

329.545 Policy for program. The Legislative Assembly finds that:

(1) Because American society and the American student are changing dramatically, schools and schooling must be altered significantly in order to sustain their relevance and their vitality in an increasingly challenging world;

(2) Real and fundamental change in the structure of schools and education must emerge from the school site rather than be imposed externally or unilaterally and should be based on professional knowledge and a solid foundation of research;

(3) To encourage the restructuring of schools in Oregon, the state should establish a process to allow teachers, administrators and the public to modify or waive, or both, certain statutes, rules and local policies and agreements in order to promote greater flexibility in the way schools are organized, managed and financed; and

(4) In exchange for such flexibility, teachers, administrators and the public should be held accountable to clear and measurable standards of student learning and other educational performance. [Formerly 336.535]

329.555 Oregon 21st Century Schools Program established; purposes. (1) There is established a program to be known as the "Oregon 21st Century Schools Program."

(2) The purposes of this program include the following:

(a) To encourage the restructuring of school operations and formal relationships among teachers, administrators, other school personnel and local citizens for purposes of improving student achievement, including but not limited to modifications of the following:

(A) The length and structure of the school day and the school year;

(B) Curriculum requirements;

(D) The licensing, assignment and formal responsibilities of teachers, administrators and other school personnel;

(E) State statutes and rules and local policies and agreements relating to educational practices, with the exception of those that affect health, safety or constitutional rights under state or federal law;

(F) The formal and informal relationships between school districts and other entities, including community colleges, four-year colleges and universities, businesses and other institutions; and

(G) The integration of traditional services to kindergarten through grade 12 with public and privately sponsored services, such as early childhood education, child care and assistance for teenage parents and other at-risk youth.

(b) To encourage educators, school districts and local citizens to establish measurable goals for educational attainment and increased expectations for student performance, including but not limited to improvement in such performance measures as:

(A) Student dropout rates;

(B) District, state and national standardized tests and other assessments of student learning and educational progress;

(D) Student conduct and disciplinary actions;

(E) Student expectations and attitudes towards learning; and

(F) Student success in college, professional and other post-secondary programs. [Formerly 336.540; 1995 c.278 §40; 1995 c.343 §28; 1995 c.660 §31]

329.560 [Repealed by 1953 c.306 §18]

329.565 District eligibility for program. (1) Any district school board is eligible to submit an application for the Oregon 21st Century Schools Program.

(2) Applications may be made on behalf of the following:

(a) An individual school building;

(b) Two or more school buildings within a district;

(d) A consortium consisting of two or more school districts. [Formerly 336.545]

329.570 Application; district planning committee; eligibility. (1) To the extent practicable, the development of the application and the administration of programs under ORS 329.537 to 329.605 shall be delegated by the state and school districts to the 21st Century Schools Councils.

(2) If more than one school building is part of an application, the 21st Century Schools Councils may elect to establish a district planning committee to facilitate the development of its application. A district planning committee shall consist of:

(a) Administrators and at least one school board member to be chosen by the school board.

(b) Teachers, chosen by the exclusive representative, in a number equal to those appointed under paragraph (a) of this subsection.

(3) To participate in the Oregon 21st Century Schools Program, and prior to submission of an application by the school board, a school district shall have accomplished the following:

(a) Identified the school building or buildings and, if appropriate, the school district or districts on whose behalf the application is submitted.

(b) Established, in each school building affected by the proposal, a 21st Century Schools Council.

(c) Agreed, at the direction of the 21st Century Schools Councils and, if applicable, the district planning committee, upon the following:

(A) The major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships as described in ORS 329.555 (2).

(B) The specified measures of student learning and achievement, including but not limited to those described in ORS 329.555 (2) for each building affected by the application.

(C) The process by which each 21st Century Schools Council and, where applicable, the district planning committee will collect data and assess the progress and final performance of its program.

(4) The local district school board shall be responsible for submitting the application and certifying that all appropriate requirements of ORS 329.537 to 329.605 have been met. [Formerly 336.550; 1995 c.660 §32]

329.575 Application content. (1) All applications for the Oregon 21st Century Schools Program shall be submitted to the Department of Education, and shall contain the following:

(a) A letter of support from the school board and the exclusive representative of teachers in the buildings affected if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required.

(b) An abstract of the nature and objectives of the project and a description of the changes projected to occur in the school or district, or any combination thereof, as a result of the proposal.

(c) A description of the goals and major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships as described in ORS 329.555 (2). The application shall also describe the process used to identify the goals and major activities of the project.

(d) A list of the major student learning and educational outcomes that are projected to occur as a result of the project, including but not limited to those outcomes described in ORS 329.555 (2).

(e) A description of all statutes and rules to be modified or waived to complete the activities of the project. For each provision, the application shall include a statement describing why the modification or waiver is warranted.

(f) A description of all district rules and agreements that are to be modified or waived. All such provisions shall be approved by a majority vote of each 21st Century Schools Council, the affirmative vote of at least two-thirds of the licensed teachers in the affected school buildings and the approval of the local district school board and the exclusive representative of the teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required.

(g) A budget plan for the project and additional anticipated sources of funding, if any, including private grants and contributions.

(h) A description of the process by which data will be collected and assessed to measure student learning and other educational performance attributable to the project.

(i) Letters expressing support and a willingness to participate from community colleges and other post-secondary institutions, where appropriate.

(j) The number of school years for which approval is sought. The period shall be no less than one year and no more than five years.

(k) A description of how the district intends to share and disseminate to other school districts those practices that prove effective.

(2) Applications shall contain all the components of subsection (1) of this section to be eligible for approval.

(3) The application may also contain written statements of support from parents, citizens, local businesses and other interested individuals and organizations. [Formerly 336.555; 1997 c.864 §20; 2001 c.448 §2]

329.585 District proposals. (1) In addition to the application described in ORS 329.575 for the Oregon 21st Century Schools Program or ORS 329.695 for the School Improvement and Professional Development program, a school district may submit proposals to:

(a) Modify laws, rules or policies; and

(b) Implement district or school improvement plans.

(2) A district that applies under this section shall submit a proposal in accordance with rules adopted by the State Board of Education. When more than one school building is part of an application, the board may require a demonstration in the application process of coordination among such school buildings.

(3) A proposal submitted under this section shall be approved by the school district board and by the exclusive representatives of the teachers in the district if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required. [Formerly 336.557; 1995 c.660 §33; 1997 c.864 §21]

329.595 Rules on applications; review of applications; recommendations to state board. (1) The Oregon 21st Century Schools Advisory Committee, appointed by the State Board of Education under ORS 329.700, shall propose rules, for adoption by the state board, to govern the submission and approval of applications under ORS 329.537 to 329.605.

(2) The advisory committee shall review all applications submitted under ORS 329.537 to 329.605 and recommend applications for approval by the state board including but not limited to the following criteria:

(a) The existence of significant, measurable and achievable goals based on student performance;

(b) The extent to which the district has demonstrated the need for the requested modifications and waiver of specified statutes and rules and local policies and agreements;

(c) The extent to which the application proposes significant changes in the structure of school operations and the formal relationships between teachers, administrators, other school personnel and public citizens, as described in ORS 329.555;

(d) The clarity of purpose and values underlying the proposal;

(e) Evidence of thoroughness in identifying, developing and projecting implementation of the proposed activities;

(f) Evidence of potential transferability of the proposed activities and practices that are judged to be successful;

(g) A determination that modification or waiver of statutes and rules and local policies and agreements will not be detrimental to the health, safety or constitutional rights of students, teachers, administrators, other school personnel or the public under state or federal law; and

(h) A demonstration of support and commitment from all parties to support and faithfully implement the proposal.

(3) The advisory committee may suggest modifications in submitted applications, subject to the approval of the school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required, and each 21st Century Schools Council involved in the project.

(4) The state board shall consider the recommendations of the advisory committee and make the final decisions on approval of the applications, using the criteria contained in subsection (2) of this section. Before making these decisions, the state board shall allow opportunity for comment by persons submitting the applications and by the public. [Formerly 336.560; 1997 c.864 §22]

329.600 District annual report; proposed plan amendment. (1) Each district that receives approval for a project under the Oregon 21st Century Schools Program shall submit an annual report to the advisory committee appointed under ORS 329.700 and to the local community. The report shall include specific data that reflect the nature and extent of changes in student learning and other performance as described in its application.

(2) Along with its annual report, a district may submit proposed amendments to its approved program describing additional statutes, rules or local policies and agreements that it proposes to waive. Such amendments must be accompanied by a statement of support from the local school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required, and each 21st Century Schools Council involved in the project. The advisory committee may recommend approval of such amendments upon a finding of satisfactory progress by the district and a determination that all other provisions of ORS 329.537 to 329.605 have been met.

(3) If, based upon these annual reports, the advisory committee determines that a district’s progress is unsatisfactory, the advisory committee may recommend to the State Board of Education that the district be placed on probation for a one-year period. During the probationary year, the district shall be eligible for special assistance from the Department of Education. During the probationary year, the district shall also prepare a contingency plan in the event it is ordered to terminate its project prematurely.

(4) If, after the probationary period described in subsection (3) of this section, the district’s progress is still unsatisfactory in the judgment of the advisory committee, the advisory committee may recommend that the state board terminate the project and implement its plan for returning to compliance with previously waived statutes, rules and local policies and agreements.

(5) A district may terminate its application by submitting to the board a request for termination that has been approved by the school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required, and the 21st Century Schools Councils. [Formerly 336.565; 1997 c.864 §23]

329.605 Department oversight function. The Department of Education shall be responsible for oversight in the implementation of approved projects. In carrying out this oversight function, the department shall:

(1) Maintain regular contact with educators, school building personnel and school district personnel through site visitations, reports and other appropriate contacts.

(2) Develop and coordinate linkages between participating school districts and other educational institutions, including community colleges, four-year colleges and universities.

(3) Regularly collect relevant information from participating educators, school building personnel and district personnel. [Formerly 336.570]

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]

SCHOOL IMPROVEMENT AND PROFESSIONAL DEVELOPMENT PROGRAM

(Generally)

329.675 Definitions for ORS 329.675 to 329.745 and 329.790 to 329.820. As used in ORS 329.675 to 329.745 and 329.790 to 329.820:

(1) "Beginning administrator" means an administrator who:

(a) Is employed as an administrator by a school district; and

(b) Has been assigned for fewer than three successive school years as a licensed or acting administrator in any public, private or state-operated school.

(2) "Beginning teacher" means a teacher who:

(a) Possesses a teaching license issued by the Teacher Standards and Practices Commission;

(b) Is employed at least half time, primarily as a classroom teacher, by a school district; and

(c) Has taught fewer than three successive school years as a licensed probationary teacher in any public, private or state-operated school.

(3) "Mentor" means a teacher or administrator who:

(a) Possesses a teaching, personnel service or administrative license issued by the Teacher Standards and Practices Commission;

(b) Has successfully served for three or more years as a licensed teacher or administrator in any public school;

(d) Has demonstrated mastery of the appropriate subject matter knowledge and teaching and administrative skills.

(4) "Mentorship program" means a program provided by a mentor teacher or administrator to a beginning teacher or administrator that includes, but is not limited to, direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, development of school leadership skills and other assistance intended to assist the beginning teacher or administrator to become a confident and competent professional educator who makes a positive impact on student learning. [Formerly 336.705; 1995 c.660 §34; 1997 c.249 §95; 1997 c.383 §7; 2001 c.317 §1]

329.680 [Repealed by 1963 c.22 §2]

329.685 Policy on school goals. (1) Further initiatives to promote educational excellence in the public schools are of vital importance in increasing student learning and strengthening Oregon’s economy.

(2) The state should encourage and assist local school districts in their efforts to establish school goals through a process that involves educators and members of the community and to develop effective tools to measure progress against those goals that will increase the public accountability of educational programs.

(3) New career opportunities for professional development are desirable to recognize and reward those teachers who have demonstrated mastery of teaching skills, knowledge of their subject matter and other appropriate indicators of professional growth.

(4) The establishment of 21st Century Schools Councils for the school district and for individual schools is desirable to encourage new initiatives in school-based management and the assessment of educational progress, to provide new and expanded career opportunities for teachers and to facilitate efforts to restructure the school workplace to provide educators with greater responsibility while increasing their accountability. [Formerly 336.710]

(School Improvement and Professional Development)

329.690 School Improvement and Professional Development program established. (1) Oregon hereby establishes a School Improvement and Professional Development program to encourage the following:

(a) The development of educational goals for individual schools and school districts;

(b) The assessment of the educational progress of school programs and students;

(d) The restructuring of the school workplace to provide teachers with responsibilities and authority commensurate with their status as professionals;

(e) The development and coordination of pilot programs to evaluate the viability of proposed rules, policies or recommendations that affect professional practices associated with teaching methods, curricula, instructional materials, instructional format and organization, assessment and testing related to this chapter; and

(f) The identification of validated educational research used to substantiate the rationale for initiating pilot programs.

(2) All programs in ORS 329.675 to 329.745 and 329.790 to 329.820 are subject to the availability of funds appropriated therefor. [Formerly 336.715; 1995 c.660 §35]

329.695 Grant applications; evaluation; duration of grant; representation in selection. (1) The School Improvement and Professional Development program shall be administered by the Department of Education according to rules established pursuant to ORS 329.675 to 329.745 and 329.790 to 329.820 by the State Board of Education.

(2) A school district or an education service district, or a combination of such entities, may submit an application to the Department of Education to receive a School Improvement and Professional Development grant.

(3) The Department of Education shall be responsible for evaluating district proposals according to rules and criteria established by the State Board of Education.

(4) Grants under this program shall be effective for one or two calendar years and are renewable. A district may apply to continue its grant for one or two years but in no event is the district entitled to receive more than $1,000 for each teacher for whom a grant is received during the continuation period.

(5) In awarding grants, the Department of Education shall work to insure a representation of school districts of different sizes and in different geographical locations. [Formerly 336.720]

329.700 Oregon 21st Century Schools Advisory Committee; membership; application deadlines for grants; amount; distribution. (1) The State Board of Education shall appoint an Oregon 21st Century Schools Advisory Committee to propose rules for the submission and approval of grants and programs, including but not limited to rules for the Oregon 21st Century Schools Program under ORS 329.537 to 329.605, the School Improvement and Professional Development program under ORS 329.675 to 329.745 and the beginning teacher and administrator mentorship program under ORS 329.790 to 329.820.

(2)(a) The advisory committee shall include teachers, who shall constitute a majority of the 15 members, and one member from each of the following groups, at least one of whom must be a member of a minority:

(A) School administrators;

(B) School board members;

(D) Classified district employees;

(E) Parents of children currently in prekindergarten through grade 12 of the public school system; and

(F) Members of the business and labor community.

(b) The board may appoint other citizens as considered appropriate by the board.

(3) The deadline for applications submitted by districts for the School Improvement and Professional Development program under ORS 329.675 to 329.745 and the mentorship program under ORS 329.790 to 329.820 shall be April 1 preceding the school year for which they are proposed. The Department of Education shall review all applications and shall approve or reject them no later than June 1 preceding the school year for which they are proposed.

(4) Districts that qualify for 21st Century Schools grants under ORS 329.537 to 329.605, School Improvement and Professional Development program grants under ORS 329.675 to 329.745 and mentorship program grants under ORS 329.790 to 329.820 shall receive up to $3,000 per year for every full-time equivalent beginning teacher and administrator deemed eligible for this program.

(5) Subject to ORS 291.232 to 291.260, the Superintendent of Public Instruction shall distribute grants-in-aid to eligible school districts so that at least three-quarters of the allocation due to each eligible district is received no later than February 1 of each fiscal year and the remainder when all required reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year. [Formerly 336.730; 1995 c.660 §36; 2001 c.317 §2]

329.704 Local 21st Century Schools Councils; duties; composition; selection; district site committees. (1) Nothing in this section shall interfere with the duties, responsibilities and rights of duly elected school district boards. There shall be established at each school a 21st Century Schools Council. The duties of a 21st Century Schools Council shall include but not be limited to:

(a) The development of plans to improve the professional growth of the school’s staff;

(b) The improvement of the school’s instructional program;

(d) The administration of grants-in-aid for the professional development of teachers and classified district employees; and

(e) Advising the school district board in the development of a plan for school safety and student discipline under section 5, chapter 618, Oregon Laws 2001.

(2) A 21st Century Schools Council shall be composed of teachers, parents, classified employees and principals or the principal’s designee, as follows:

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

(b) Not more than half of the members shall be parents of students attending that school;

(d) One member shall be the principal of the building or the principal’s designee.

(3) In addition, other members may be as the school district shall designate, including but not limited to local school committee members, business leaders, students and members of the community at large.

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

(a) Teachers shall be licensed teachers elected by licensed teachers at the school site;

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

(d) Other representatives shall be selected by the council.

(5) If a school district board determines that a school site is unable to fulfill the requirements of this section or if the needs of a school site require a different composition, the school district board shall establish the 21st Century Schools Council in a manner that best meets the educational needs of the district.

(6) All 21st Century Schools Council meetings shall be subject to the open meetings law pursuant to ORS 192.610 to 192.690.

(7) A school district may establish a district site committee to assist in the administration of grants or in the district-wide coordination of programs. [1995 c.660 §39 (enacted in lieu of 329.705); 2001 c.618 §7]

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

329.709 Rules for grant applications. (1) An eligible grant application must be submitted by a school district according to rules prescribed by the State Board of Education. The rules shall include, but not be limited to, the following:

(a) Except for state-operated schools, the school district in its application shall certify that its proposal has been approved by the school board and is consistent with existing district policies, rules and contracts bargained under ORS 243.650 to 243.782.

(b) The administration of grant programs under ORS 329.675 to 329.745 and 329.790 to 329.820 shall be consistent with existing district policies, rules and contracts bargained under ORS 243.650 to 243.782.

(2) Nothing in this section is intended to make grants under ORS 329.675 to 329.745 and 329.790 to 329.820 subject to collective bargaining. [Formerly 336.755]

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

329.715 Application content. To be eligible for funding, a district’s application shall include the following:

(1) A description of a process to formulate and adopt district and individual school building educational goals so that such goals reflect input from a wide range of citizens in the community.

(2) A description of how the district will formulate and use indexes of teaching and learning conditions to measure progress according to those goals. The indexes of teaching and learning conditions may include, but are not limited to, such indicators as:

(a) Class size and teaching loads;

(b) A profile of the teaching and administrative personnel, including such characteristics as years of experience, rate of turnover and absenteeism;

(d) The socioeconomic status of the community;

(e) The ability and willingness of a school district to provide financial support for the schools;

(f) Measures of student progress as measured on school district or state assessments, or both;

(g) Attendance and drop out rates;

(h) Student conduct and disciplinary actions;

(i) Measures of student success in professional, college and other post-secondary programs; and

(j) Student expectations and attitudes toward learning.

(3) A description of how the proposed program will address the identified needs for professional growth and career opportunities of teachers in the district.

(4) Certification by the school district that none of the moneys received through ORS 329.675 to 329.745 and 329.790 to 329.820 shall be used to replace expenditures for existing programs for professional growth and career opportunities.

(5) A description of how the district will evaluate the effectiveness of its School Improvement and Professional Development grant, using educational goals and an index of teaching and learning conditions. [Formerly 336.765; 1995 c.343 §29]

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 Evaluation of district programs. (1) The Department of Education shall be responsible for conducting a comprehensive evaluation of all district programs under ORS 329.675 to 329.745 and 329.790 to 329.820 and reporting to the Legislative Assembly.

(2) The evaluations shall include an assessment of the performance of district programs as measured against those requirements outlined in ORS 329.715. [Formerly 336.780]

329.740 [Renumbered 330.115]

329.745 Dedication of available funds for professional development centers. To administer ORS 329.675 to 329.745, the Department of Education shall dedicate a portion of its funds, not to exceed 10 percent of the total appropriated for the purposes of ORS 329.675 to 329.745 to provide for the establishment of professional development centers to:

(1) Assist school districts, teachers, 21st Century Schools Council members and others to formulate goals and indexes of teaching and learning conditions;

(2) Provide additional professional growth and career opportunities for teachers; and

(3) Carry out other purposes of ORS 329.675 to 329.745. [Formerly 336.785]

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; renumbered 330.135]

(Teacher Corps)

329.757 Oregon Teacher Corps. (1) There is hereby created an Oregon Teacher Corps program within the Oregon Student Assistance Commission to encourage the entry of certain qualified persons into the teaching profession through the use of forgivable student loans for those who complete three years of successful teaching in a public school in this state.

(2) All programs in ORS 329.757 to 329.780 are subject to the availability of funds appropriated therefor. [Formerly 348.120; 1999 c.704 §5]

329.760 [Amended by 1953 c.538 §2; renumbered 330.145]

329.765 Administration of corps. (1) The Oregon Student Assistance Commission shall administer the Oregon Teacher Corps program insofar as practicable in the same manner as the loan program under ORS 348.050 is administered and make rules for the selection of qualified applicants.

(2) Eligibility for the Oregon Teacher Corps is limited to those prospective teachers whom the Oregon Student Assistance Commission determines to have graduated, or currently rank, in the top 20 percent of their high school or college class. The commission shall assess each applicant’s potential for teaching through such means as essays written by the applicant, letters of recommendations from teachers and others, descriptions of relevant teaching experiences, and other appropriate measures. Allowance shall be given for those applicants whom the commission determines to be in at least one of the following categories:

(a) Minority individuals as defined in ORS 200.005;

(b) Prospective teachers in scarce indorsement areas, as defined by the Teacher Standards and Practices Commission; or

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

329.770 [Amended by 1953 c.513 §3; renumbered 330.155]

329.775 Loans; amounts; interest; repayment; waiver of repayment. (1) Upon approval of the loan application of an eligible student by the Oregon Student Assistance Commission, the commission may lend an amount from the Oregon Teacher Corps Account to the student in compliance with this section. The loan shall be evidenced by a written obligation but no additional security shall be required. Notwithstanding any provision in this section, the commission may require cosigners on the loans.

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

(a) Not exceed $2,000 in a single academic year to an undergraduate student enrolled in a teacher education program leading to a basic or initial license.

(b) Not exceed $4,000 in a single academic year to a graduate student enrolled in a teacher education program leading to a basic or initial license.

(3) Borrowers are required to pay at least seven percent interest per annum on the unpaid balance from the date of the loan as provided in subsection (4) of this section.

(4)(a) Repayment of the principal and accruing and deferred interest on loans shall be commenced not later than 12 months after the student’s completion of the teacher education program or other termination of the student’s education. Repayment of loans under ORS 329.765 shall be delayed for the period of time the student is teaching at least half time in a public school in this state but becomes payable under the usual terms if the student ceases teaching before completing three full years. Repayment of loans shall be delayed up to three years upon application of the borrower showing inability to locate suitable employment.

(b) Repayment shall be completed in a maximum of 120 months from the time repayment is commenced. However, nothing in this section is intended to prevent repayment without penalty at an earlier date than provided in this section or to prohibit the commission from extending the repayment period to a date other than permitted by this subsection.

(5)(a) An eligible student who receives a loan under this section, preparing to be an elementary or secondary school teacher in this state, is not required to repay a loan made under this section if the student completes:

(A) At least three years of equivalent full-time teaching in a public elementary or secondary school within the five-year period following completion of the teacher education program in this state; or

(B) At least three years of teaching under a full-time contract working at least three-fourths time in classroom teaching and no more than one-fourth time not in classroom teaching duties during regular school hours in a public elementary or secondary school within the five-year period following completion of the teacher education program in this state, as approved by the Oregon Student Assistance Commission upon written request of the borrower.

(b) Repayment of remaining principal and interest shall be waived upon the death or total and permanent disability of the borrower. [Formerly 348.130; 1997 c.383 §8; 1999 c.704 §7]

329.780 Oregon Teacher Corps Account; use. (1) There is established in the State Treasury separate from the General Fund an account to be known as the Oregon Teacher Corps Account into which shall be deposited all repayments of loans with interest to the Oregon Student Assistance Commission pursuant to ORS 329.775. Any interest accruing to the account shall be credited thereto.

(2) Amounts in the account established under subsection (1) of this section are continuously appropriated to the Oregon Student Assistance Commission for the purposes of ORS 329.757 to 329.780 and the Oregon Opportunity 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)

329.790 Findings on teacher and administrator programs. The Legislative Assembly finds that:

(1) The quality of teaching and administration in the public schools is of vital importance to the future of this state;

(2) This state has a special interest in ensuring that the induction of beginning teachers and administrators into their profession enhances their professional growth and development by making a positive impact on student learning; and

(3) The formal assignment of mentors who have demonstrated the appropriate subject matter knowledge and teaching and administrative skills should substantially improve the induction and professional growth of beginning teachers and administrators in this state, as well as provide mentors with additional and valuable opportunities to enhance their own professional growth. [Formerly 342.784; 2001 c.317 §3]

329.795 Beginning teacher and administrator program established; district participation; use of grants. (1) The State Board of Education shall establish a beginning teacher and administrator mentorship program to provide eligible beginning teachers and administrators in this state with a continued and sustained mentorship program from a formally assigned mentor teacher or administrator.

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

(3) Two or more school districts may operate jointly a mentorship program if they meet all the requirements of ORS 329.790 to 329.820.

(4) Educational consortia established for approved teacher or administrator education credentialing programs pursuant to rules of the Teacher Standards and Practices Commission are eligible to operate a mentorship program to serve beginning teachers and administrators in a participating school district if:

(a) All moneys received as grants-in-aid for the mentorship program are administered by the participating school district to provide direct services to beginning teachers and administrators; and

(b) All other requirements of ORS 329.790 to 329.820 are met.

(5) To the extent practicable, school districts may coordinate with institutions of higher education in the design, implementation and evaluation of mentorship programs.

(6) All programs in ORS 329.790 to 329.820 are subject to the availability of funds appropriated therefor. [Formerly 342.786; 2001 c.317 §4]

329.800 Application; content. (1) Each school district that wishes to participate in the beginning teacher and administrator mentorship program shall submit a formal application to the Department of Education. The application shall include:

(a) The names of all eligible beginning teachers and administrators employed by the school district and a description of their assignments and extracurricular duties;

(b) The names of mentors selected by a school district and a description of their assignments and the endorsement area in which they are licensed; and

(c) A description of the proposed mentorship program, which must provide a minimum of 90 hours of direct contact between the mentors and beginning teachers and administrators, including observation of or assistance with assigned duties.

(2) The school district shall certify in the application that no eligible beginning professional educators are or may be under a conditional license, except as provided in rules of the Teacher Standards and Practices Commission. [Formerly 342.788; 2001 c.317 §6]

329.805 Grants-in-aid; amount; distribution; rules. (1) Subject to ORS 291.232 to 291.260, the Department of Education shall distribute grants-in-aid to qualifying school districts to offset the costs of beginning teacher and administrator mentorship programs. A qualifying district shall receive annually up to $3,000 for each full-time equivalent beginning teacher and administrator approved for support.

(2) If the funds are insufficient for all eligible proposals, the Department of Education shall award grants on a competitive basis, taking into consideration geographic and demographic diversity.

(3) The State Board of Education may adopt such rules as it considers appropriate for the distribution of grants-in-aid under this section.

(4) A district that is determined by the Department of Education to be in violation of one or more of the requirements of ORS 329.790 to 329.820 may be required to refund all grants-in-aid moneys distributed under ORS 329.790 to 329.820. The amount of penalty shall be determined by the State Board of Education. [Formerly 342.790; 2001 c.317 §7]

329.810 Workshops for mentors and beginning teachers and administrators. After consulting with representatives of teachers, administrators, school boards, schools of education, the Oregon University System and such others as it considers appropriate, the Department of Education shall develop or approve workshops to provide training for mentors and beginning teachers and administrators in programs qualifying for grants-in-aid under ORS 329.790 to 329.820. [Formerly 342.792; 2001 c.317 §8; 2001 c.382 §5]

329.815 Mentor teachers and administrators; selection; stipend. The selection, nature and extent of duties of mentor teachers and administrators shall be determined by the school district. The following guidelines shall apply:

(1) A teacher or administrator may not be designated as a mentor unless willing to perform in that role;

(2) For purposes of actions taken under ORS 342.805 to 342.937:

(a) A mentor teacher or administrator may not participate in the evaluation of a beginning teacher or administrator assigned to the mentor; and

(b) Any written or other reports of a mentor regarding a beginning teacher or administrator assigned to the mentor may not be used in the evaluation of the beginning teacher or administrator;

(3) Each mentor shall complete successfully a training workshop provided or approved by the Department of Education while participating in the beginning teacher and administrator mentorship program; and

(4) The stipend received for each beginning teacher or administrator may be used by the school district to compensate mentors in addition to their regular duties or to compensate other individuals assigned duties to provide release time for teachers or administrators acting as mentors. [Formerly 342.794; 2001 c.317 §9]

329.820 Evaluation of programs. The Department of Education shall be responsible for the regular and ongoing evaluation of programs under ORS 329.790 to 329.820 and may contract for such evaluation. The evaluation shall include, but not be limited to, assessments of the following:

(1) A survey and follow-up of all eligible mentors, beginning teachers and administrators and appropriate school district officials, to assess satisfaction with and the effectiveness of the beginning teacher and administrator mentorship program;

(2) The amount and quality of the contact time between mentors and beginning teachers and administrators;

(3) The effectiveness of workshops and other training;

(4) The effectiveness of the mentorship program in the retention of new teachers and administrators in the school district;

(5) The desirability of extending this assistance program to students participating in teacher and administrator preparation programs; and

(6) Student performance on statewide and other assessments. [Formerly 342.796; 2001 c.317 §10]

(Successful Schools Program)

329.825 Policy on successful and innovative schools. It shall be the policy of the State of Oregon to promote and encourage successful and innovative schools. Success shall be determined by establishing standards of improvement in student learning and measuring each school’s performance in meeting those standards. Schools that meet those standards will be rewarded with additional tools to further improve student learning. [1997 c.864 §1]

Note: 329.825 and 329.830 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 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

329.830 Establishment; application; incentive rewards. (1) The State Board of Education shall establish a system of determining successful schools and dispensing appropriate incentive rewards to those schools. The system shall be based on a school being the measurement unit to determine success. School success shall be determined by measuring a school’s improvement over a specific assessment period. The successful schools program shall be voluntary.

(2) A school may submit an application to the Department of Education for the successful schools program. The application shall include a short statement from the school requesting consideration for the successful schools program. The application shall also include a copy of the school improvement plan implemented pursuant to ORS 329.095.

(3) A school may not amend its application after the application is submitted without approval by the state board. A school that has submitted an application may not submit a new application until the assessment period has ended, unless the school withdraws the previous application.

(4) The department shall distribute incentive rewards to schools that are determined to be successful schools. The board shall establish criteria for determining successful schools. The criteria shall include, but not be limited to:

(a) The results from the statewide assessment system developed pursuant to ORS 329.485;

(b) The achievement of measurable academic goals from school improvement plans; and

(5) The department shall base the amount of the reward to each successful school on the number of teachers employed by the school. The minimum reward for each full-time teacher shall be $1,000. Part-time teachers shall receive a percentage of the reward based on the amount of time the part-time teacher worked. Teachers hired during the assessment period shall receive a percentage of the reward based on the length of time the teacher worked at the school during the assessment period.

(6) Each teacher shall individually decide how to use the reward. A reward shall be used by a teacher for classroom enhancements or professional development. As used in this subsection, "classroom enhancements" means items and activities that will improve student learning, including, but not limited to, books, instructional materials, multimedia equipment and software, supplies and field trips.

(7) The State Board of Education shall adopt any rules necessary to implement the successful schools program. [1997 c.864 §2]

Note: See note under 329.825.

(Early Success Reading Initiative)

329.832 Legislative findings. The Legislative 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 greater risk of truancy, school failure, criminal and at-risk behaviors, early pregnancy and substance abuse.

(3) Research shows that children who have academic problems and exhibit at-risk behavior can be helped most effectively through prevention programs designed specifically to strengthen the collaborative and collective decision-making skills of kindergarten through grade three teachers and administrators within each individual school.

(4) Scientifically based assessment methods can identify as early as kindergarten those children needing extra help to successfully learn to read.

(5) Scientifically based instructional reading materials can provide the reading skills children need to successfully learn to read. [2001 c.861 §1]

Note: 329.832 to 329.837 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 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

329.834 Creation; components; reading sites. (1) There is created the Early Success Reading Initiative for the State of Oregon.

(2) The purpose of the initiative is to recognize the essential need of elementary schools to effectively use research-based teaching practices and learning strategies.

(3) The components of the Early Success Reading Initiative include, but are not limited to:

(a) Providing research-based assessment systems to administrators, teachers and the public in order to provide the decision-making and accountability information needed to monitor children’s progress as they learn to read.

(b) Screening and continuously monitoring the reading progress of all children from kindergarten through the completion of the third grade.

(c) Using scientific, research-based reading systems to create school cultures and processes that enable all children to read successfully, including children with disabilities and children with linguistic and cultural diversity and other learning needs.

(d) Enabling administrators and teachers within each individual school to collect, interpret and use student learning data to:

(A) Guide kindergarten through grade three teachers and administrators in instructional decisions;

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

(D) Provide structured interaction with parents.

(e) Establishing a relationship between school districts and the University of Oregon to provide instructional and research support to assist school administrators, teachers and parents to enable students in kindergarten through grade three to learn to read effectively and successfully through means that are in congruence with state standards for reading and common curriculum goals.

(4) The University of Oregon may design, implement and monitor the Early Success Reading Initiative. The University of Oregon may provide consultation services to school districts that establish early success reading sites.

(5) The goal of the initiative is to enable each school district to establish early success reading sites at individual elementary schools. An elementary school that is initially selected as an early success reading site shall serve as a model and as a resource to other elementary schools within its school district as those schools implement the initiative. [2001 c.861 §2]

Note: See note under 329.832.

Note: Section 5, chapter 861, Oregon Laws 2001, provides:

Sec. 5. (1) During the 2001-2003 and 2003-2005 biennia, as part of the Early Success Reading Initiative, the Department of Education may award grants to school districts for a pilot project to establish early success reading sites in individual schools as provided under section 2 of this 2001 Act [329.834].

(2) If grants are awarded, the grants shall be awarded to the 30 school districts with the lowest scores on the statewide assessment in reading administered to third grade students during the 2000-2001 school year. Each school district that receives a grant shall use the grant to establish one early success reading site at an elementary school in the district.

(3) The State Board of Education may adopt any rules necessary for the implementation of this section.

(4) The Department of Education may seek and accept gifts, grants and donations from any source and federal funds to support the Early Success Reading Initiative. [2001 c.861 §5]

329.837 Report. The University of Oregon shall report annually on the implementation, longitudinal progress and results of the Early Success Reading Initiative to the Governor, the Superintendent of Public Instruction and the appropriate legislative committees. [2001 c.861 §3]

Note: See note under 329.832.

Note: Section 4, chapter 861, Oregon Laws 2001, provides:

Sec. 4. During the 2001-2003 and 2003-2005 biennia, the University of Oregon shall include in the reports required by section 3 of this 2001 Act [329.837] a review of the pilot project created pursuant to section 5 of this 2001 Act. [2001 c.861 §4]

MISCELLANEOUS

329.850 Duties of Education and Workforce Policy Advisor under chapter. (1) The Education and Workforce Policy Advisor, in consultation with the Department of Education, the Department of Community Colleges and Workforce Development, the Bureau of Labor and Industries, the Economic and Community Development Department and the Department of Human Services, shall propose policies and strategies consistent with this chapter.

(2) The Education and Workforce Policy Advisor’s policies and strategies must take into account that:

(a) The state must promote innovative thinking with respect to the curriculum and educational delivery system of Oregon public schools;

(b) The state must require of all youth a level of achievement that prepares them to pursue college, professional technical programs, apprenticeships, work-based training and school-to-work programs;

(d) The state must encourage Oregon businesses to improve productivity by creating high performance work organizations that provide high skills and high wage opportunities for youth and adults; and

(e) All employment-related training, education and job placement services and sources of funds must be coordinated among state agencies and boards and must complement the state’s overall efforts on behalf of youth and adults. [Formerly 326.830; 1997 c.652 §22]

329.855 Development of comprehensive education and training programs for indorsements and degrees; career related studies. (1) The Department of Education, the Department of Community Colleges and Workforce Development and the Oregon University System in consultation with the Education and Workforce Policy Advisor shall develop comprehensive education and training programs in accordance with ORS 329.475 for two-year to six-year academic professional technical indorsements, associate degrees and baccalaureate degrees.

(2) There may be established a process for industrial certification and a sequence of advanced certification that could be obtained throughout a person’s career.

(3) Work groups, including teachers, community members and representatives of business and labor, may be appointed to offer specialized information concerning knowledge and skill requirements for occupations.

(4) No fewer than six broad career categories shall be identified, with additional categories added in future years. The education and training curriculum and achievement standards for each occupation and trade selected for students to achieve indorsements, associate degrees or baccalaureate degrees in the occupational categories selected shall be developed and available for school districts, community colleges and other training sites.

(5) In addition to academic content, the curriculum developed for indorsements, associate degrees and baccalaureate degrees shall ensure that every student has the option of a high quality career related course of study that provides the student with experience in and understanding of future career choices. Career related studies shall include a structured series of real or simulated activities that in combination with rigorous academic studies shall simultaneously prepare students for further education, lifelong learning and employment. These activities shall include but not be limited to:

(a) Job shadowing;

(b) Workplace mentoring;

(d) School based enterprises;

(e) Structured work experiences;

(f) Cooperative work and study programs;

(g) On-the-job training;

(h) Apprenticeship programs; or

(i) Other school-to-work opportunities.

(6) In considering where a student can most effectively and economically obtain the knowledge and skills required for the indorsement or post-secondary study, the Education and Workforce Policy Advisor may recommend integrating 2 + 2 Programs, apprenticeship programs and any other state or federal job training program.

(7) Until full statewide implementation, school districts are encouraged to use Certificate of Advanced Mastery programs that are currently being developed, but modified, if necessary, to best fit their students’ and community’s needs. [Formerly 326.835; 1995 c.660 §42; 1997 c.652 §23; 2001 c.684 §23]

329.860 Alternative learning options; Learning Centers; scope of services; outreach. (1) The Department of Education in consultation with the Department of Community Colleges and Workforce Development and the Education and Workforce Policy Advisor shall develop models for school districts of alternative learning options that may include Learning Centers designed to assist students who have left school in obtaining the Certificate of Initial Mastery through the use of teaching strategies, technology and curricula that emphasize the latest research and best practice.

(2) The Learning Centers may also provide for the integration of existing local and community programs that provide any part of the services needed to assist individuals in obtaining the Certificate of Initial Mastery.

(3) The centers may promote means of identifying, coordinating and integrating existing resources and may include:

(a) Child care services during school hours;

(b) After-school child care;

(d) Parent and child education;

(e) English as a second language or bilingual services for limited proficiency students;

(f) Health services or referral to health services;

(g) Housing assistance;

(h) Employment counseling, training and placement;

(i) Summer and part-time job development;

(j) Drug and alcohol abuse counseling; and

(k) Family crisis and mental health counseling.

(4) Education service districts, school districts or schools, or any combination thereof, may contact any eligible elementary or secondary school student and the student’s family if the student has ceased to attend school to encourage the student’s enrollment in an education program that may include alternative learning options. If the student or the family cannot be located, the name and last-known address shall be reported to the school nearest the address. The school shall attempt to determine if that student or family is being provided services by this state and shall seek to assist the student or family in any appropriate manner. [Formerly 336.157; 1995 c.278 §41; 1995 c.660 §44; 1997 c.652 §24]

329.875 District eligibility to receive funds under chapter. (1) Public school districts or consortia of such districts with education service districts are eligible to receive funds under this chapter.

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

329.885 School-to-work transitions and work experience programs; funding; eligibility for grants. (1) It is the policy of the State of Oregon to encourage educational institutions and businesses to develop, in partnership, models for programs related to school-to-work transitions and work experience internships directed by the Oregon Educational Act for the 21st Century as described in ORS 329.005 to 329.165, 329.185, 329.445, 329.850 and 329.855.

(2) From funds available, the Department of Education may allocate to any education service district, school district, individual secondary school or community college grants to develop programs such as those described in subsection (1) of this section.

(3) To receive a grant to operate a program described in subsection (1) of this section, a business shall demonstrate to the satisfaction of the department that the program shall:

(a) Identify groups that have been traditionally underrepresented in the programs and internships, particularly in health care, business and high technology employment positions.

(b) Encourage students who belong to groups identified in paragraph (a) of this subsection, particularly students in secondary schools and community colleges, to apply for consideration and acceptance into a model program described in subsection (1) of this section.

(c) Promote an awareness of career opportunities in the school-to-work transition and the work experience internships among students sufficiently early in their educational careers to permit and encourage students to apply for the model programs.

(d) Promote cooperation among businesses, school districts and community colleges in working toward the goals of the Oregon Educational Act for the 21st Century.

(e) Develop academic skills, attitudes and self-confidence necessary to allow students to succeed in the work environment, including attitudes of curiosity and perseverance and the feelings of positive self-worth that result from sustained effort.

(f) Provide a variety of experiences that reinforce the attitudes needed for success in the business world.

(4) The department shall direct fund recipients to adopt rules establishing standards for approved programs under this section, including criteria for eligibility of organizations to receive grants, and standards to determine the amount of grants.

(5) The department may seek and receive gifts, grants, endowments and other funds from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the school-to-work transition and the work experience internship programs and may expend the same or any income therefrom according to the terms of such gifts, grants, endowments or other funds. [1993 c.765 §46; 1999 c.59 §82; 2001 c.104 §108]

329.900 [1993 c.765 §9; 1995 c.660 §45; repealed by 1997 c.652 §63]

LITERACY, EDUCATION AND PROFESSIONAL TECHNICAL JOB TRAINING

329.905 Economic development policy to support literacy, education and professional technical job training; goals. (1) The Legislative Assembly finds that a highly skilled, well-educated workforce is critical to the present and future competitiveness of Oregon’s economy. Curricular and institutional change throughout the educational process is imperative to achieve Oregon’s economic and education reform goals. To accomplish fully education reform at the elementary and secondary levels, it is essential that Oregon’s citizens gain a thorough understanding of the significant value of professional technical education and the vital role it plays in preparing Oregon’s citizens for entry into the workforce, further training or entry into higher education. The Legislative Assembly, therefore, declares that it is the economic development policy of the state to support and promote literacy, education and professional technical job training for Oregon’s citizens. Further, the Legislative Assembly declares that it is the goal of the state to achieve the following by the year 2000:

(a) Measurably increase the knowledge and improve the skills of Oregon workers;

(b) Promote and sponsor effective and responsive training programs for employed and unemployed Oregonians who need literacy and other job-related training;

(c) Promote and increase youth enrollment in secondary, post-secondary and apprenticeship programs that lead to family wage jobs;

(d) Secure the active participation and full cooperation of Oregon industry leaders and business owners in developing programs to increase and improve worker education and performance;

(e) Promote and increase the coordination of Oregon’s education and job training systems to more fully respond to the increasingly complex training needs of workers; and

(f) Promote and increase access to education and job training programs for all Oregonians regardless of their economic status or geographic location within the state.

(2) The Legislative Assembly declares that it is the policy of this state to integrate employment, training and development programs into its economic development efforts.

(3) The Legislative Assembly further declares that the employment development and training activities provided for in ORS 329.905 to 329.975 are job creation and economic development activities within the meaning of subsection (3), section 4, Article XV of the Oregon Constitution.

(4) The Legislative Assembly further declares that the State of Oregon must dedicate the talents, resources and energies of its people to having the best trained workforce in the United States by the year 2000 and a workforce equal to any in the world by 2010. When this workforce exists, Oregon will have a highly skilled workforce that is:

(a) Engaged by competitive, diversified industries;

(b) Supported by education and training;

(d) Reflective of the diversity of Oregon’s population.

(5) The Legislative Assembly further declares that the role of business and industry is critical to the implementation of education reform and that the goals of ORS 329.905 to 329.975 are:

(a) Coordinated and complementary education, training and employment programs.

(b) A high performance workforce characterized by diversity, technical competence and economic self-sufficiency.

(d) Assurance of educational attention necessary for attainment of high academic standards for all students.

(e) An education and employment training system that has the capacity to meet the training needs of individuals and employers.

(f) Assurance of workforce preparedness for all students through covenants between business and education. [Formerly 285.200]

Note: 329.905 to 329.975 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 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

329.910 [1993 c.765 §21; repealed by 1997 c.652 §63]

329.915 Objectives of ORS 329.905 to 329.975. The Legislative Assembly intends that the specific objectives of ORS 329.905 to 329.975 include:

(1) Restructuring elementary and secondary schools in this state to teach a higher level of knowledge leading to more effective job skills to all students and to have students attain this knowledge earlier.

(2) Developing comprehensive, professional technical education programs for students that lead to industry certification and:

(a) Emphasize work-based learning experiences, including apprenticeships and youth apprenticeship programs;

(b) Involve business and labor in the development and delivery of such programs;

(c) Recognize and implement standards approved by industry and establish new industry approved standards, equal to the highest international standards for achievement;

(d) Provide an articulated education program carrying all students to their maximum potential and including appropriate support services for students and their families;

(e) Deliver the support those students most at risk need to succeed; and

(f) Produce the high level technical, personal and leadership skills needed by competitive businesses and industries.

(3) Helping businesses and industries transform their operations to high performance work organizations where:

(a) Frontline workers have higher skills, work in teams and are given greater responsibility for the development and production of a product or service, and receive necessary training for these purposes; and

(b) Public and private investment support improved management practices, competitive production processes and worker training.

(4) Encouraging managers and workers to play key roles in preparing and implementing state education and training policy, programs and standards, including support of employee involvement in schools. [Formerly 285.203]

Note: See note under 329.905.

329.920 Duties of Education and Workforce Policy Advisor and regional committees. (1) The Education and Workforce Policy Advisor and the regional workforce committees, with the advice and participation of partner agencies, are responsible for furthering the policies, goals and objectives of this state as described in ORS 329.905 and 329.915.

(2) The advisor and the committees shall help ensure achievement of this state’s goals and objectives by effective and efficient coordination and oversight of all the employment-related training, education and job placement programs of this state.

(3) As used in this section, "partner agencies" means those agencies that are recipients of workforce development funds under ORS 329.905 to 329.920, 329.930 to 329.975 and 657.337. [1993 c.765 §5; 1997 c.652 §25]

Note: See note under 329.905.

329.925 Workplace training for key industries. (1) The Legislative Assembly finds that efficiency and higher productivity in all sectors of the economy are important to the maintenance of the state’s economic health. The Legislative Assembly further finds that a trained, productive and flexible workforce is critical to competitiveness, efficiency and higher productivity. Therefore, the Legislative Assembly declares that it is the policy of the State of Oregon to promote the development and improvement of the work skills and basic literacy skills of employees working in all sectors of the state’s economy.

(2) To implement the policy stated in subsection (1) of this section, the Key Industry Employe Training Program shall be established within the Economic and Community Development Department. Through the program, the department shall:

(a) Provide matching grants through community colleges in partnership with employers for the purpose of providing employees with literacy or customized skills training.

(b) Restrict grant awards to training program proposals submitted by two or more firms in a single business, professional or industry sector, with preference given to programs developed in cooperation with business, professional or industry association.

(d) Award grants only to those proposals that lead to, sustain or create family wage jobs. [Formerly 285.205]

Note: See note under 329.905.

329.930 Business, industry and education partnerships; Industrial Extension Service; Oregon Advanced Technology Center. (1) Pursuant to rules adopted by the Economic and Community Development Department, a program is established to organize business, industry and education partnerships to develop the most competent workforce in America by the year 2000, specifically:

(a) To provide targeted training grants for customized training programs for new or expanding firms;

(b) To provide industry training grants to community colleges or others for training programs addressing the common needs of two or more businesses within an industry, with special emphasis on Key Industries as designated by "Oregon Shines" and the Legislative Assembly; and

(c) To provide capacity building grants to trade associations and business and labor organizations to build capacity for addressing long-term workforce and workplace training and education needs.

(2) Pursuant to rules adopted by the Economic and Community Development Department, an Industrial Extension Service is established, using public and private expertise, to assist Oregon firms in traded sectors in adopting the appropriate technology, management techniques, work organization and workforce development strategies to remain competitive in a global economy.

(3) The Department of Community Colleges and Workforce Development shall support the Oregon Advanced Technology Center, for the purpose of enhancing Oregon’s economic competitiveness by assisting Oregon manufacturers with the adoption and implementation of modern manufacturing technologies and processes. [1993 c.765 §18]

Note: See note under 329.905.

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 Statewide literacy hotline. (1) Pursuant to rules adopted by the State Board of Education, the Department of Community Colleges and Workforce Development shall provide for a statewide literacy "hotline" for literacy program referrals and for the statewide coordination of literacy programs pursuant to ORS 344.760 and 344.765.

(2) Gifts and grants for the support of the literacy hotline shall be deposited with and administered by a nonprofit organization selected by the Commissioner for Community College Services. The nonprofit organization that is selected must show a history of similar experience with fiduciary responsibilities.

(3) The Department of Community Colleges and Workforce Development may contract with any public body or nonprofit organization to accomplish the purposes of this section. [Formerly 285.225]

Note: See note under 329.905.

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 Matching literacy hotline grant funds; application. (1) When expended for grants to programs described in ORS 329.950, grant moneys shall be matched in the manner described in subsections (2) and (3) of this section.

(2) In any biennium, each state agency administering a grant program described in ORS 329.950 shall be required to secure matching funds, on a dollar-for-dollar basis, for not less than 75 percent of the total amount reserved by law for the program for that biennium.

(3) An applicant for a grant from a program described in ORS 329.950 shall be required to match, on a dollar-for-dollar basis, the amount of the grant. However, the agency administering the program may exempt the applicant from the 100 percent matching requirement when the agency determines that the grant applicant is undergoing economic hardship and that the purposes of ORS 329.905 to 329.975 will be more readily accomplished by a lower matching requirement. In any biennium, the total amount of exemptions provided to grant applicants under this subsection shall not exceed 25 percent of the amount reserved by law for a program for that biennium.

(4) In determining whether a grant applicant is undergoing economic hardship for the purposes of this section, a state agency shall consider:

(a) An applicant’s ability to match the grant amount based on both the assessed value per student, if applicable, and the actual expenditure per student;

(b) The proportion or other measure of economically disadvantaged persons residing within the district or area of the applicant; and

(5) A state agency shall credit an applicant’s matching funds in an amount that does not exceed 100 percent of the amount of the grant given to the applicant. Moneys of an applicant that are available to operate a program described in ORS 329.950 and that exceed 100 percent of the grant sought or given to the applicant shall not be available for use as matching funds by any other applicant. [Formerly 285.247; 1997 c.652 §29; 2001 c.684 §25]

Note: See note under 329.905.

329.990 [Amended by 1963 c.22 §1; renumbered as part of 330.990]