Oregon Revised Statutes
Chapter 329 — Oregon Educational Act for the 21st Century; Educational Improvement and Reform
218 sections
This chapter shall be known as the Oregon Educational Act for the 21st Century.
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.
The appropriate legislative interim committee shall:
Develop the form and content expected of the on…
As used in this chapter, unless the context requires otherwise:
“Academic content standards” means expectations of student knowledge and skills adopted by the State Board of Education under ORS 329.045.
“Administrator” includes all persons whose duties require an administrative license.
“Board” or “state board” means the State Board of Education.
“Commun…
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 i…
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 chara…
In order to achieve the goals contained in ORS 329.025, the State Board of Education shall regularly and periodically review and revise its Common Curriculum Goals, performance indicators and diploma requirements.
The review and revision conducted under this section shall:
Include Essential Learning Skills and rigorous academic content standards in mathema…
Each school district that includes a public high school shall adopt a plan to encourage students to register to vote and vote in elections, including but not limited to:
Posting a link to the electronic voter registration website maintained by the Secretary of State on the Internet home webpage, if any, of each public high school; and
Making materials deve…
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.
The State Board of Education shall adopt rules, in accordance with ORS 183.750 and ORS chapter 183, 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.
The Department of Education shall be responsible for implement…
(Assessing Effectiveness of Schools and Districts)
Each school district shall make available to the students of the school district the following informational surveys:
A survey administered by the Department of Education that is designed to assist the department in gathering information about the education experiences of students in this state, including information on learning, opportunities to learn and …
The Superintendent of Public Instruction shall convene an advisory committee to explore options for expanding or revising the education accountability framework in this state.
The advisory committee convened under this section must include representatives of school districts, teachers’ unions and post-secondary institutions of education.
The advisory commi…
To facilitate the attainment and successful implementation of educational standards under ORS 326.051 (1)(a) and 329.025, the State Board of Education or its designee shall assess the effectiveness of each public school, public charter school and school district. The findings of the assessment shall be reported to the school or school district within six mon…
The Department of Education shall require school districts and schools to conduct self-evaluations and to periodically update their local district continuous improvement plans. Except as provided by paragraph (b)(C) of this subsection, the department may not require school districts or schools to conduct self-evaluations or to update their local district con…
The Superintendent of Public Instruction shall collect data and produce annual school district and school performance reports to provide information to parents and to improve schools.
The superintendent shall include in the school district and school performance reports data for the following areas, for each school or district, that are available to the Dep…
Prior to December 1 of each year, the Superintendent of Public Instruction shall issue an Oregon Report Card on the state of the public schools of this state.
The Oregon Report Card shall include information on the following:
Data required by the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802); and
Any other data identified by the Departm…
As used in this section:
“Proficiency education” means a practice of student-centered education that is based on the following principles:
Students learn in a personalized environment and advance upon demonstrated mastery of industry, state or national standards;
Measurable learning objectives are explicit and empower the students;
Student assessment is …
(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:
School districts provide opportunities for parents or guar…
(Education Programs That Provide Services for Children and Families)
As used in this section:
“Families” means groups 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 pri…
The Department of Education and the Department of Human Services shall support the development and implementation of a network of community learning centers across the state.
Within available funding, the Department of Early Learning and Care, in conjunction with other organizations that provide training and technical assistance to schools or community prog…
Community learning centers shall promote identification and coordination of existing resources including, but not limited to, the following services and activities:
Before-school and after-school enrichment activities linked with the school curriculum;
Youth development and service learning activities;
Child care programs;
Mentoring and tutoring programs…
(Early Childhood Education)
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 the Oregon Prenatal to Kindergarten Program. The Oregon Prenatal to Kindergarten Program shall be operated in coordination with the federal Head Start program in order to avoid…
The Department of Early Learning and Care, in consultation with the Early Learning Council, shall develop a long-range plan for serving eligible children and their families and shall report to each odd-numbered year regular session of the Legislative Assembly on the funds necessary to implement the long-range plan, including but not limited to programming co…
The Preschool Promise Program is established. The Department of Early Learning and Care shall administer the Preschool Promise Program as provided by this section. The Preschool Promise Program shall expand preschool options available to the children of this state.
In administering the Preschool Promise Program, the Department of Early Learning and Care sha…
As used in this section:
“Oregon Prenatal to Kindergarten Program” means the program for which the Department of Early Learning and Care allocates, awards and monitors state funds to provide comprehensive health, education and social services to children and their parents or other key family members, at any time beginning with prenatal care and continuing u…
As used in this section, “early childhood care and education” includes early childhood behavioral and mental health services.
The Higher Education Coordinating Commission and the Department of Early Learning and Care shall jointly administer a scholarship program and a grant program designed to ensure that there is an adequate supply of highly qualified ear…
The Oregon Prenatal to Kindergarten 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 purposes of the trust fund are to:
Assist eligible children with comprehensive services, including educational, social, health a…
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 Prenatal to Kindergarten 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…
The Early Learning Council shall adopt rules for the establishment of the Oregon Prenatal to Kindergarten Program.
Rules adopted under this section specifically shall require:
Performance standards and operating standards that are at a level no less than the level required under the federal Head Start program guidelines.
Processes and procedures for recom…
The Department of Early Learning and Care shall report to the Legislative Assembly on the merits of continuing and expanding the Oregon Prenatal to Kindergarten Program or instituting other means of providing early childhood development assistance.
The department’s report shall include specific recommendations on at least the following issues:
The relation…
The Department of Early Learning and Care, in coordination with the Early Learning Council and in collaboration with the Educator Advancement Council created by ORS 342.940, shall establish and implement policies and practices to achieve vigorous and comprehensive early childhood professional development systems in this state that incorporate improved recrui…
Subject to the approval of the Superintendent of Public Instruction:
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:
Provide early childhood education for such children…
(Child Development and Student-Parent Programs)
The district school board of every school district operating any elementary schools may establish a child development specialist program.
If a district school board establishes a child development specialist program, the school district must meet the following requirements:
The school district shall submit a written plan describing the program to the Depar…
The State Board of Education by rule shall establish guidelines for implementation of ORS 329.255, 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 …
The Department of Education shall prepare operating guides for child development programs and for student-parent programs applicable to programs under this section that are consistent with requirements imposed by the State Board of Education.
The Department of Education shall review applications for approval of child development programs and student-parent …
As used in ORS 329.395 to 329.425:
“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.
“Teenage parent program” means an educational program funded by ORS 329.395 to 329.425 that co…
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.
The department shall review applications for approval of child development programs and teenage parent pro…
An approved school district child development program shall be entitled to receive a grant not to exceed $50,000.
An approved school district teenage parent program shall be entitled to receive a grant not to exceed $25,000.
A district may receive grants under both subsections (1) and (2) of this section but no district is entitled to receive more than $75…
(Diplomas and Certificates)
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.
A school district or public charter school shall award a modified diploma to a student who satisfies the requirements established by subsection (7) of this section, an …
(Student Assessments)
Except as provided by subsection (2) of this section, a school district employee or volunteer may not post, publish or otherwise make publicly available in a nonsecure setting any personally identifiable information in relation to the specific or comparative results of a performance-based assessment.
A school district employee may post, publish or otherwise…
This section shall be known and may be cited as the Student Assessment Bill of Rights.
As used in this section:
“Adult student” means a student of a public school or a public charter school who is 18 years of age or older or who is emancipated pursuant to ORS 419B.550 to 419B.558.
“Parent” means a parent, legal guardian or person in parental relationship,…
As allowed by federal law, the Department of Education shall ensure that standardized summative assessments are administered in the schools of this state to the minimum extent practicable while still appropriately and effectively assessing the academic achievement of the students of this state.
As regularly as required to satisfy subsection (1) of this sect…
As used in this section:
“Content-based assessment” means testing of the understanding of a student of a predetermined body of knowledge.
“Criterion-referenced assessment” means testing of the knowledge or ability of a student with respect to some standard.
“Performance-based assessment” means testing of the ability of a student to use knowledge and skill…
The State Board of Education shall adopt guidelines for the best practices of administering statewide assessments of students. The guidelines must provide that a student who is in any grade from kindergarten through grade eight and who has met or exceeded state standards on a test is excused from being required to retake the test.
Note: 329.486 was enacted …
The Department of Education shall contract with a nonprofit entity to administer a nationally normed assessment, in collaboration with the department, to all students in grade 10 who are enrolled in a public school. The purpose of the assessment is to predict the success of students on, and provide practice for students taking, college entrance exams.
The d…
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.
The State Board of Education is encouraged to continue to:
Coordinate with public…
The Department of Education shall develop academic content standards for Oregon Studies and shall prepare materials to support teacher training and classroom instruction in Oregon Studies.
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…
The Department of Education shall:
Develop a curriculum relating to the Native American experience in Oregon and make the curriculum available to school districts; and
Provide professional development to teachers and administrators relating to the curriculum.
The curriculum required by this section must be:
For students in kindergarten through grade 12;
…
School districts must provide instruction about the Holocaust and genocide.
Instruction required under this section must be designed to:
Prepare students to confront the immorality of the Holocaust, genocide and other acts of mass violence and to reflect on the causes of related historical events;
Develop students’ respect for cultural diversity and help …
Every public school student in kindergarten through grade five, and every public school student in grade six at a school that teaches kindergarten through grade six, shall participate in physical education for the entire school year for at least 150 minutes during each school week.
Except as provided by paragraph (a) of this subsection, every public school …
The Department of Education shall collect data from school districts on:
The number of minutes of physical education that are provided to students in kindergarten through grade eight in each public school within the district, as calculated on a weekly basis or an average weekly basis as prescribed by ORS 329.496 (1);
The physical capacity of public schools…
Prior to February 1 of each odd-numbered year, the Department of Education shall report to the Legislative Assembly on the data collected under ORS 329.498 for the prior two school years.
Note: See note under 329.498.
The Department of Education shall award grants to school districts and public charter schools for the purpose of meeting the physical education requirements of ORS 329.496.
A district or school that receives a grant may use the grant to:
Hire teachers who specialize in physical education; and
Provide in-service training to teachers on the academic content…
For the purpose of implementing programs that link physical activity and academic achievement, the Department of Education shall, to the extent that funding and personnel are available to the department:
Seek public and private funding for programs that link physical activity and academic achievement; and
Provide information to school districts on public a…
(Counseling Program)
Each school district must provide a coordinated comprehensive school counseling program to support the academic, career, personal and social development of each student and to develop the sense of community involvement for each student.
A coordinated comprehensive program may be designed, delivered or otherwise implemented by:
A person who is licensed by t…
SCHOOL COUNCILS AND COMMITTEES
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:
The development of plans to improve the professional growth of the school’s st…
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 district an educational equity advisory committee.
The duties of an educational equity advisory committee shall include:
Advising the school district superintendent about the educational equi…
PROFESSIONAL DEVELOPMENT OF EDUCATORS
(Federal Loans)
For the purpose of federal loan forgiveness programs offered to teachers, the type of school where a teacher teaches shall be determined as follows:
The school shall be considered a secondary school if the school offers instruction in:
Grades 6 through 12, or any part thereof; or
Kindergarten through grade 12, or any part thereof, but the teacher is emplo…
As used in this section:
“Education employer” means a public charter school, a school district, a community college operated under ORS chapter 341, a public university listed in ORS 352.002, a tribal college or university, as defined in 20 U.S.C. 1059c(b)(3), as in effect on September 25, 2021, and any other governmental agency within this state that employ…
A community college operated under ORS chapter 341 or a public university listed in ORS 352.002 that certifies hours worked by a faculty member who teaches for purposes of the public service loan forgiveness program defined in ORS 329.756 must calculate the full-time equivalent work hours engaged in per week by the faculty member who teaches, and determine t…
(Beginning Teacher and Administrator Program)
As used in ORS 329.788 to 329.820:
“Beginning administrator” means a principal or superintendent who:
Possesses an administrative license issued by the Teacher Standards and Practices Commission;
Is employed as a principal or superintendent by a school district; and
Has been assigned for fewer than two school years in the administrator’s present position…
The Legislative Assembly finds that:
The quality of teaching and administration in the public schools is of vital importance to the future of this state;
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 impa…
The Educator Advancement Council 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.
Any school district or educator network is eligible to participate in the mentorship program.
A s…
Each school district or educator network that wishes to participate in the beginning teacher and administrator mentorship program shall submit a formal application to the Educator Advancement Council. The application shall include:
A description of the priorities to be addressed by moneys received by a school district or an educator network for the mentorsh…
Subject to ORS 291.232 to 291.260, the Educator Advancement Council shall distribute grants-in-aid to qualifying school districts or educator networks to offset the costs of beginning teacher and administrator mentorship programs. A qualifying district or educator network shall receive annually an amount that is aligned with evidence-based best practices.
I…
After consulting with representatives of teachers, administrators, school boards, schools of education, the public universities listed in ORS 352.002 and such others as it considers appropriate, the Educator Advancement Council shall approve training for mentors and beginning teachers and administrators in programs qualifying for grants-in-aid under ORS 329.…
Based on the requirements of ORS 329.788 to 329.820, the selection, nature and extent of duties of mentors shall be determined:
By the school district that is the employer of the teacher or administrator and of the mentor;
Jointly by the school district that is the employer of the teacher or administrator and the school district that is the employer of the…
The Educator Advancement Council shall be responsible for the regular and ongoing evaluation of implementation and administration of programs under ORS 329.788 to 329.820 and may contract for such evaluation. The council may not expend in a biennium more than 2.5 percent of the total amount of moneys available for the programs on the evaluation of the progra…
(Educator Professional Development Program)
The Department of Education shall administer an educator professional development program that provides statewide collaborative leadership in educator professional development for prekindergarten through post-secondary education and that emphasizes school improvement. The department shall administer the program with a collaborative group of state, school dis…
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 stude…
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 s…
(School District Collaboration Grant Program)
The School District Collaboration Grant Program is established to provide funding for school districts or educator networks established under ORS 342.943 to improve student achievement through the voluntary collaboration of teachers and administrators to design and implement new approaches to:
Career pathways for teachers and administrators;
Evaluation pro…
The School District Collaboration Grant Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the School District Collaboration Grant Account shall be credited to the account. Moneys in the School District Collaboration Grant Account are continuously appropriated to the Department of Education for the S…
(Statewide Education Plans)
For the purposes of this section, “plan student” means a student enrolled in early childhood through post-secondary education who:
Is Black or African-American; and
Has experienced disproportionate results in education due to historical practices, as identified by the State Board of Education by rule.
The Department of Education shall develop and implemen…
As used in this section, “plan student” means a student enrolled in early childhood through post-secondary education who:
Is an American Indian or Alaska Native; and
Has experienced disproportionate results in education due to historical practices, as identified by the State Board of Education by rule.
The Department of Education shall develop and impleme…
As used in this section, “plan student” means a student enrolled in early childhood through post-secondary education who:
Is Latino or Hispanic, including individuals of Mexican, Cuban, Puerto Rican, South American, Central American or Spanish descent; and
Has experienced disproportionate results in education due to historical practices, as identified by t…
As used in this section, “plan student” means a student enrolled in early childhood through post-secondary education who:
Is an asylum seeker, a refugee or any other immigrant, regardless of status and as identified by the State Board of Education by rule; and
Has experienced disproportionate results in education due to historical practices, as identified …
As used in this section, “plan student” means a student enrolled in early childhood through post-secondary education who:
May be lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation; and
Has experienced disproportionate results in education due to historical practices…
As used in this section, “plan student” means a student enrolled in early childhood through post-secondary education who:
Is Native Hawaiian or Pacific Islander; and
Has experienced disproportionate results in education due to historical practices, as identified by the State Board of Education by rule.
The Department of Education shall develop and impleme…
The Education and Workforce Policy Advisor, in consultation with the Department of Education, the Higher Education Coordinating Commission, the Bureau of Labor and Industries, the Oregon Business Development Department and the Department of Human Services, shall propose policies and strategies consistent with this chapter.
The Education and Workforce Policy…
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 cann…
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.
From funds available, the Department of Education may allocate to any education service district, school district, individual secondary school or c…
As used in this section, “public education program” means an education program provided by any of the following:
A school district;
A public charter school;
An education service district;
A long term care or treatment facility, as described in ORS 343.961;
The Youth Corrections Education Program;
The Oregon School for the Deaf; or
An approved recovery…
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