Bill Text: OR HB3117 | 2011 | Regular Session | Introduced

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Bill Title: Relating to education; declaring an emergency.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3117 Detail]

Download: Oregon-2011-HB3117-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3798

                         House Bill 3117

Sponsored by Representative THOMPSON; Representatives ESQUIVEL,
  FREEMAN, GARRARD, GARRETT, GILLIAM, HUFFMAN, KRIEGER, PARRISH,
  WEIDNER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that school district is not required to comply with
requirement imposed by state unless funding is specifically
provided to facilitate compliance with requirement.
  Provides that district school board is not required to provide
textbooks that are consistent with Common Core State Standards.
  Removes requirement that students earn credit in specific
subjects for high school completion, unless funding is
specifically provided for purpose of employing teachers to
provide instruction in subject.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
  329.451; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Notwithstanding ORS 327.103 or any other
provision of law, a district school board:
  (1) Is not required to comply with any requirements imposed by
the Legislative Assembly or the State Board of Education on or
after the effective date of this 2011 Act unless funding is
specifically provided to facilitate compliance with the
requirement; and
  (2) May not be considered nonstandard and have any funds
withheld for noncompliance with any requirement imposed by the
Legislative Assembly or the State Board of Education for which
funding has not been specifically provided to facilitate
compliance with the requirement. + }
  SECTION 2.  { + Notwithstanding ORS 332.075 (1)(b) and 336.035,
a district school board is not required to provide textbooks that
are consistent with the Common Core State Standards. + }
  SECTION 3. ORS 329.451 is amended to read:
  329.451. (1)(a) At or before grade 12, a school district or
public charter school shall award a high school diploma to a
student who completes the requirements established by subsection
(2) of this section.
  (b) A school district or public charter school shall award a
modified diploma to a student who satisfies the requirements
established by subsection   { - (7) - }   { + (6) + } of this
section, an extended diploma to a student who satisfies the
requirements established by subsection   { - (8) - }
 { + (7) + } of this section or an alternative certificate to a
student who satisfies the requirements established by subsection
 { - (9) - }   { + (8) + } of this section.
  (c) A school district or public charter school may not deny a
student who has the documented history described in subsection
  { - (7)(b) or (8)(b) and (c) - }   { + (6)(b) or (7)(b) and
(c) + } of this section the opportunity to pursue a diploma with
more stringent requirements than a modified diploma or an
extended diploma for the sole reason that the student has the
documented history.
  (d) A school district or public charter school may award a
modified diploma or extended diploma to a student only upon the
consent of the parent or guardian of the student.
  (2) In order to receive a high school diploma from a school
district or public charter school, a student must satisfy the
requirements established by the State Board of Education and the
school district or public charter school and, while in grades 9
through 12, must complete at least { +  24 total credits. + }
 { - : - }
    { - (a) Twenty-four total credits; - }
    { - (b) Three credits of mathematics; and - }
    { - (c) Four credits of English. - }
    { - (3) Notwithstanding subsection (2) of this section, a
school district or public charter school may award a high school
diploma to a student who does not satisfy the requirements of
subsection (2)(b) or (c) of this section if the student: - }
    { - (a) Has met or exceeded the academic content standards
for mathematics or English established by the board, as
demonstrated on Oregon state assessments; or - }
    { - (b) Displays proficiency in mathematics or English at a
level established by the board. - }
    { - (4) - }   { + (3) + } A student may satisfy the
requirements of subsection (2) of this section in less than four
years. If a student satisfies the requirements of subsection (2)
of this section and a school district or public charter school
has the consent of the student's parent or guardian, the school
district or public charter school shall award a high school
diploma to the student upon request from the student.
    { - (5) - }   { + (4) + } If a school district or public
charter school has the consent of a student's parent or guardian,
the school district or public charter school may advance the
student to the next grade level if the student has satisfied the
requirements for the student's current grade level.
    { - (6) - }   { + (5) + } The requirement for obtaining the
consent of a student's parent or guardian under subsections
 { - (4) and (5) - }   { + (3) and (4) + } of this section does
not apply to a student who is:
  (a) Emancipated pursuant to ORS 419B.550 to 419B.558; or
  (b) 18 years of age or older.
    { - (7) - }   { + (6) + } A school district or public charter
school shall award a modified diploma only to students who have
demonstrated the inability to meet the full set of academic
content standards for a high school diploma with reasonable
modifications and accommodations. To be eligible for a modified
diploma, a student must:
  (a) Satisfy the requirements for a modified diploma established
by the State Board of Education; and
  (b) Have a documented history of an inability to maintain grade
level achievement due to significant learning and instructional
barriers or have a documented history of a medical condition that
creates a barrier to achievement.
    { - (8) - }   { + (7) + } A school district or public charter
school shall award an extended diploma only to students who have
demonstrated the inability to meet the full set of academic
content standards for a high school diploma with reasonable
modifications and accommodations. To be eligible for an extended
diploma, a student must:
  (a) While in grade nine through completion of high school,
complete 12 credits, which may not include more than six credits
earned in a self-contained special education classroom { + ; + }
 { - and shall include: - }
    { - (A) Two credits of mathematics; - }
    { - (B) Two credits of English; - }
    { - (C) Two credits of science; - }
    { - (D) Three credits of history, geography, economics or
civics; - }
    { - (E) One credit of health; - }
    { - (F) One credit of physical education; and - }
    { - (G) One credit of the arts or a second language; - }
  (b) Have a documented history of an inability to maintain grade
level achievement due to significant learning and instructional
barriers or have a documented history of a medical condition that
creates a barrier to achievement; and
  (c)(A) Participate in an alternate assessment beginning no
later than grade six and lasting for two or more assessment
cycles; or
  (B) Have a serious illness or injury that occurs after grade
eight, that changes the student's ability to participate in grade
level activities and that results in the student participating in
alternate assessments.
    { - (9) - }   { + (8) + } A school district or public charter
school shall award an alternative certificate to a student who
does not satisfy the requirements for a high school diploma, a
modified diploma or an extended diploma if the student meets
requirements established by the board of the school district or
public charter school.
   { +  (9) Notwithstanding the requirements of subsection (2),
(6), (7) or (8) of this section, the State Board of Education may
not require a student to earn a specified number of credits in a
specific subject prior to receiving a high school diploma,
modified diploma, extended diploma or alternative certificate
unless funding is specifically provided for the purpose of
employing teachers to provide instruction in the subject. + }
  (10) A student who receives a modified diploma, an extended
diploma or an alternative certificate shall have the option of
participating in a high school graduation ceremony with the class
of the student.
  (11) A school district or public charter school shall:
  (a) Ensure that students have access to the appropriate
resources to achieve a high school diploma, a modified diploma,
an extended diploma or an alternative certificate at each high
school in the school district or at the public charter school.
  (b) Provide literacy instruction to all students until
graduation.
  (c) Beginning in grade five, annually provide information to
the parents or guardians of a student taking an alternate
assessment of the availability of a modified diploma, an extended
diploma and an alternative certificate and the requirements for
the diplomas and certificate.
  (12) The State Board of Education shall submit for review by
the legislative committees on education or the interim
legislative committees on education, as appropriate, any proposed
rules to implement requirements for a high school diploma, a
modified diploma, an extended diploma or an alternative
certificate prior to the adoption of those rules by the board.
  SECTION 4.  { + The amendments to ORS 329.451 by section 3 of
this 2011 Act first apply to high school diplomas, modified
diplomas, extended diplomas and alternative certificates awarded
on or after the effective date of this 2011 Act. + }
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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