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

2023 EDITION

ACT FOR 21st CENTURY; REFORM

EDUCATION AND CULTURE

OREGON EDUCATIONAL ACT FOR THE 21st CENTURY

(Generally)

329.005 Oregon Educational Act for the 21st Century; duties of department; evaluation by legislature

329.007 Definitions for chapter

329.015 Educational goals

329.025 Characteristics of school system

329.045 Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards; instruction in academic content areas

(Temporary provisions relating to reviews of standards are compiled as notes following ORS 329.045)

329.049 Plan to encourage voter registration and voting; incorporation into Essential Learning Skills; rules

329.065 Adequate funding required

329.075 Statewide implementation; rules; duties of department

(Assessing Effectiveness of Schools and Districts)

329.078 Informational surveys; notice; ability to decline participation

329.079 Advisory committee on education accountability framework

329.085 Assessment of schools and school districts required; report; standards

329.095 School district and school self-evaluations; local district continuous improvement plans; technical assistance

329.105 School district and school performance reports

329.115 Oregon Report Card

(Proficiency Education)

329.119 Implementation of proficiency education; advisory committee

(Parental and Community Participation)

329.125 Policy on parental and community participation

(Education Programs That Provide Services for Children and Families)

329.155 Standards for education programs and programs providing services for children and families; interagency coordination

(Community Learning Centers)

329.156 Creation; requirements; technical assistance

329.157 Identification and coordination of existing resources

(Early Childhood Education)

329.160 Policy on early childhood and parenting education; funding goal

329.165 Development of long-range plan for serving children and families

329.172 Preschool Promise Program; grants and contracts; report

329.175 Oregon Prenatal to Kindergarten Program; funding; providers

329.181 Scholarship and grant programs for early childhood care and education; rules

329.183 Oregon Prenatal to Kindergarten Program Trust Fund; charitable checkoff eligibility

329.185 Expansion of Oregon Prenatal to Kindergarten Program

329.195 Rules for Oregon Prenatal to Kindergarten Program; applications to be provider

329.200 Report on Oregon Prenatal to Kindergarten Program; assessment of program effectiveness

329.219 Department of Early Learning and Care to implement policies and practices related to early childhood professional development systems

329.235 Provision of early childhood education

(Child Development and Student-Parent Programs)

329.255 Child development specialist program

329.275 State board guidelines; rules; qualifications for child development specialists

329.385 Child development programs; student-parent programs

329.395 Definitions for ORS 329.395 to 329.425

329.415 Operating guides and grant procedures for ORS 329.395 to 329.425

329.425 Grants under ORS 329.395 to 329.425

(Diplomas and Certificates)

329.451 High school diploma; modified diploma; extended diploma; certificate of attendance; grade level advancement

(Temporary provisions relating to a study on a high school equivalency diploma are compiled as notes following ORS 329.451)

(Student Assessments)

329.471 Availability of personally identifiable information in relation to results of performance-based assessment

329.479 Student Assessment Bill of Rights; excusal from statewide summative assessment; notice

329.482 Department duties related to state assessment requirements

329.485 Statewide assessment system; additional services or alternative educational options

329.486 Guidelines for best practices of administering assessments

329.488 Nationally normed assessment; rules

(Subjects)

329.489 American Sign Language

329.492 Oregon Studies

329.493 Curriculum relating to Native American experience in Oregon

329.494 Instruction about the Holocaust and genocide

329.496 Physical education participation; professional development; instruction without endorsement; rules

(Temporary provisions relating to the implementation of time requirements for physical education are compiled as notes following ORS 329.496)

329.498 Data related to physical education; facilities; technical assistance

329.499 Report to Legislative Assembly on physical education

329.501 Grants for physical education; rules

329.504 Funding for programs that link physical activity and academic achievement

(Counseling Program)

329.603 Coordinated comprehensive school counseling program; rules

SCHOOL COUNCILS AND COMMITTEES

329.704 Local 21st Century Schools Councils; district site committees

329.711 Educational equity advisory committees; rules

PROFESSIONAL DEVELOPMENT OF EDUCATORS

(Federal Loans)

329.752 Determination of school type for purpose of federal loan forgiveness programs

329.756 Materials and assistance provided to employees who qualify for public service loan forgiveness program; calculation of work hours

329.759 Calculation of work hours over duration of employment for purposes of public service loan forgiveness program

(Beginning Teacher and Administrator Program)

329.788 Definitions for ORS 329.788 to 329.820

329.790 Findings on teacher and administrator programs

329.795 Beginning teacher and administrator program established; district and educator network participation; use of grants

329.800 Application; content

329.805 Grants-in-aid; rules

329.810 Training for mentors and beginning teachers and administrators

329.815 Mentors

329.820 Evaluation of programs; donations

(Educator Professional

Development Program)

329.824 Educator professional development program

IMPROVEMENTS IN STUDENT ACHIEVEMENT

(Successful Schools Program)

329.825 Policy on successful and innovative schools

329.830 Establishment; application; incentive rewards; rules

(Early Success Reading Initiative)

329.832 Legislative findings

329.837 Report

(School District Collaboration Grant Program)

329.838 School District Collaboration Grant Program; student achievement results; rules

329.839 School District Collaboration Grant Account

(Statewide Education Plans)

329.841 Statewide education plan for students who are Black or African-American; advisory group; report; grants; rules

329.843 Statewide education plan for students who are American Indian or Alaska Native; advisory group; report; distribution of funds; rules

329.845 Statewide education plan for students who are Latino or Hispanic; advisory group; report; grants; rules

329.847 Statewide education plan for students who are minority gender identity or sexual orientation; advisory group; report; grants; rules

329.849 Statewide education plan for students who are Native Hawaiian or Pacific Islander; advisory group; report; grants; rules

MISCELLANEOUS

329.850 Duties of Education and Workforce Policy Advisor

329.860 Outreach to students no longer attending school

329.885 School-to-work transitions and work experience programs; funding; eligibility for grants

329.901 Collection of student and teacher information; report; rules

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.

(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. [Subsections (3) and (4) enacted as 1991 c.693 §1a; 1993 c.45 §22; subsections (1) and (2) formerly 326.705; 2003 c.303 §1]

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

(1) “Academic content standards” means expectations of student knowledge and skills 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) “Department” means the Department of Education.

(6) “Higher education and career path skills” means instruction that provides guidance on:

(a) Applying for jobs, including preparing a resume or filling out a job application and developing job interview skills;

(b) Applying for admission to a post-secondary institution of education, including applying for financial aid and scholarships;

(c) Applying for post-secondary learning and job training opportunities and programs that do not require a four-year degree, including apprenticeships and how to meet the prerequisites for those opportunities and programs;

(d) Developing career-related skills, including improving employability skills, taking advantage of community-based experiential learning and gaining knowledge of career opportunities; and

(e) Seeking assistance, including accessing community resources and acting as a self-advocate for mental, physical and financial well-being.

(7) “History, geography, economics and civics” includes, but is not limited to, Oregon Studies.

(8) “Language arts” includes reading, writing and other communications in any language, including English.

(9) “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.

(10) “Parents” means parents or guardians of students who are covered by this chapter.

(11) “Personal financial education” means instruction that provides guidance on:

(a) Credit scores, including how to build credit, the costs and benefits of borrowing money on credit and the long-term impacts of high or low credit scores;

(b) Investments, asset building and debt, including how to open a bank account, different types of bank accounts, compound interest, the total cost of loan repayment, comparing investment options and types of investments and understanding different types of retirement accounts;

(c) Strategies for creating a budget, tracking and modifying spending patterns and understanding insurance products, including exploring common costs associated with rentals and home ownership;

(d) Taxes, including accessing tax credits, understanding tax cycles, being familiar with state and federal tax forms and being familiar with federal, state, regional and local taxes; and

(e) Building financial well-being, including evaluating the impact of behavioral economics and the psychology of money, explaining trends in financial health and evaluating consumer skills, including fraud and identity theft prevention.

(12) “Public charter school” has the meaning given that term in ORS 338.005.

(13) “School district” means a school district as defined in ORS 332.002, a state-operated school or any legally constituted combination of such entities.

(14) “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.

(15) “The arts” includes, but is not limited to, literary arts, performing arts and visual arts.

(16) “World languages” includes sign language, heritage languages and languages other than a student’s primary language.

(17) “21st Century Schools Council” means a council established pursuant to ORS 329.704. [1995 c.660 §2; 1999 c.1023 §4; 1999 c.1029 §1; 2001 c.759 §1; 2003 c.303 §2; 2007 c.858 §1; 2013 c.15 §1; 2021 c.178 §2; 2023 c.564 §3]

Note: The amendments to 329.007 by section 6, chapter 253, Oregon Laws 2019, become operative September 30, 2026. See section 7, chapter 253, Oregon Laws 2019, as amended by section 2, chapter 588, Oregon Laws 2023. The text that is operative on and after September 30, 2026, including amendments by section 3, chapter 178, Oregon Laws 2021, and section 4, chapter 564, Oregon Laws 2023, is set forth for the user’s convenience.

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

(1) “Academic content standards” means expectations of student knowledge and skills 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.

(5) “Department” means the Department of Education.

(6) “Higher education and career path skills” means instruction that provides guidance on:

(a) Applying for jobs, including preparing a resume or filling out a job application and developing job interview skills;

(b) Applying for admission to a post-secondary institution of education, including applying for financial aid and scholarships;

(d) Developing career-related skills, including improving employability skills, taking advantage of community-based experiential learning and gaining knowledge of career opportunities; and

(e) Seeking assistance, including accessing community resources and acting as a self-advocate for mental, physical and financial well-being.

(7) “History, geography, economics and civics” includes, but is not limited to, Holocaust and genocide studies and Oregon Studies.

(8) “Holocaust and genocide studies” means studies on the Holocaust, genocide and other acts of mass violence that comply with the requirements described in ORS 329.494.

(9) “Language arts” includes reading, writing and other communications in any language, including English.

(10) “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.

(11) “Parents” means parents or guardians of students who are covered by this chapter.

(12) “Personal financial education” means instruction that provides guidance on:

(a) Credit scores, including how to build credit, the costs and benefits of borrowing money on credit and the long-term impacts of high or low credit scores;

(c) Strategies for creating a budget, tracking and modifying spending patterns and understanding insurance products, including exploring common costs associated with rentals and home ownership;

(d) Taxes, including accessing tax credits, understanding tax cycles, being familiar with state and federal tax forms and being familiar with federal, state, regional and local taxes; and

(13) “Public charter school” has the meaning given that term in ORS 338.005.

(14) “School district” means a school district as defined in ORS 332.002, a state-operated school or any legally constituted combination of such entities.

(15) “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.

(16) “The arts” includes, but is not limited to, literary arts, performing arts and visual arts.

(17) “World languages” includes sign language, heritage languages and languages other than a student’s primary language.

(18) “21st Century Schools Council” means a council established pursuant to ORS 329.704.

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 equip students with the academic and career skills and information necessary to pursue the future of their choice through a program of rigorous academic preparation and career readiness;

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

(c) To provide students with the skills necessary to pursue learning throughout their lives in an ever-changing world; and

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

329.020 [Repealed by 1957 c.678 §1]

329.025 Characteristics of school 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 each student an education experience that supports academic growth beyond proficiency in established academic content standards and encourages students to attain aspirational goals that are individually challenging;

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

(5) Supports the physical and cognitive growth and development of students;

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

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

(8) Provides for rigorous academic content standards and instruction in mathematics, science, language arts, history, geography, economics, civics, higher education and career path skills, personal financial education, physical education, health, the arts and world languages;

(9) Provides increased learning time;

(10) 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;

(11) 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;

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

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

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

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

(16) Transports children safely to and from school;

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

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

(19) Provides for a safe, educational environment. [Formerly 326.715; 1995 c.660 §4; 1999 c.1029 §2; 2003 c.303 §3; 2007 c.858 §3; 2009 c.101 §2; 2009 c.843 §1; 2012 c.91 §16; 2013 c.15 §2; 2021 c.178 §4; 2023 c.564 §5]

329.030 [Repealed by 1957 c.678 §1]

329.035 [Formerly 326.720; 1995 c.660 §5; 2003 c.303 §4; repealed by 2007 c.858 §40]

329.040 [Repealed by 1963 c.544 §52]

329.045 Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards; instruction in academic content areas. (1)(a) 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.

(b) The review and revision conducted under this section shall:

(A) Include Essential Learning Skills and rigorous academic content standards in mathematics, science, language arts, history, geography, economics, civics, higher education and career path skills, personal financial education, physical education, health, the arts and world languages.

(B) Involve teachers and other educators, parents of students and other citizens and shall provide ample opportunity for public comment.

(C) Encourage increased learning time. As used in this subparagraph, “increased learning time” means a schedule that encompasses a longer school day, week or year for the purpose of increasing the total number of school hours available to provide:

(i) Students with instruction in core academic subjects, including mathematics, science, language arts, history, geography, economics, civics, higher education and career path skills, personal financial education, the arts and world languages;

(ii) Students with instruction in subjects other than the subjects identified in sub-subparagraph (i) of this subparagraph, including health and physical education;

(iii) Students with the opportunity to participate in enrichment activities that contribute to a well-rounded education, including learning opportunities that may be based on service, experience or work and that may be provided through partnerships with other organizations; and

(iv) Teachers with the opportunity to collaborate, plan and engage in professional development within and across grades and subjects.

(c) Nothing in this subsection prevents a school district or public charter school from maintaining control over course content, format, materials and teaching methods.

(2) The State Board of Education shall continually review and revise all adopted academic content standards necessary for students to successfully transition to the next phase of their education.

(3)(a) School districts and public charter schools must offer students instruction in mathematics, science, language arts, history, geography, economics, civics, higher education and career path skills, personal financial education, physical education, health, the arts and world languages.

(b) Instruction required under paragraph (a) of this subsection must:

(A) Meet the academic content standards adopted by the State Board of Education; and

(B) Meet the requirements adopted by the State Board of Education and the board of the school district or public charter school. [Formerly 326.725; 1995 c.660 §6; 1999 c.200 §29; 1999 c.1029 §3; 2003 c.303 §5; 2007 c.858 §4; 2012 c.91 §17; 2013 c.15 §3; 2017 c.133 §1; 2017 c.263 §1a; 2021 c.178 §5; 2023 c.564 §6]

Note: The amendments to 329.045 by section 1, chapter 202, Oregon Laws 2019, become operative September 30, 2026. See section 2, chapter 202, Oregon Laws 2019. The text that is operative on and after September 30, 2026, including amendments by section 6, chapter 178, Oregon Laws 2021, section 1, chapter 328, Oregon Laws 2023, and section 7, chapter 564, Oregon Laws 2023, is set forth for the user’s convenience.

329.045. (1)(a) 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.

(b) The review and revision conducted under this section shall:

(B) Ensure that the academic content standards for history, geography, economics and civics include sufficient instruction on the histories, contributions and perspectives of individuals who:

(i) Are Native American;

(ii) Are of African, Asian, Pacific Island, Chicano, Latino, Middle Eastern or Jewish descent;

(iii) Are women;

(iv) Have disabilities;

(v) Are immigrants or refugees; or

(vi) Are lesbian, gay, bisexual or transgender.

(C) Involve teachers and other educators, parents of students and other citizens and shall provide ample opportunity for public comment.

(D) Encourage increased learning time. As used in this subparagraph, “increased learning time” means a schedule that encompasses a longer school day, week or year for the purpose of increasing the total number of school hours available to provide:

(ii) Students with instruction in subjects other than the subjects identified in sub-subparagraph (i) of this subparagraph, including health and physical education;

(iv) Teachers with the opportunity to collaborate, plan and engage in professional development within and across grades and subjects.

(c) Nothing in this subsection prevents a school district or public charter school from maintaining control over course content, format, materials and teaching methods.

(2) The State Board of Education shall continually review and revise all adopted academic content standards necessary for students to successfully transition to the next phase of their education.

(b) Instruction required under paragraph (a) of this subsection must:

(A) Meet the academic content standards adopted by the State Board of Education; and

(B) Meet the requirements adopted by the State Board of Education and the board of the school district or public charter school.

Note: Sections 2 and 5, chapter 202, Oregon Laws 2019, provide:

Sec. 2. (1) The amendments to ORS 329.045 by section 1 of this 2019 Act become operative on September 30, 2026.

(2) Notwithstanding the operative date set forth in subsection (1) of this section, the State Board of Education, no later than September 30, 2024, shall:

(a) Review existing academic content standards to determine if the academic content standards comply with the requirements of ORS 329.045 (1)(b)(B), as amended by section 1 of this 2019 Act; and

(b) If applicable, adopt or revise any academic content standards as necessary to ensure compliance with the requirements of ORS 329.045 (1)(b)(B), as amended by section 1 of this 2019 Act.

(3)(a) A school district must first offer instruction that meets the academic content standards of ORS 329.045 (1)(b)(B), as amended by section 1 of this 2019 Act, no later than the 2026-2027 school year.

(b) Nothing in paragraph (a) of this subsection prevents a school district from first offering instruction that meets the academic content standards of ORS 329.045, as amended by section 1 of this 2019 Act, at any time from the beginning of the social sciences instructional materials cycle adopted by the State Board of Education until the school year set forth in paragraph (a) of this subsection. [2019 c.202 §2]

Sec. 5. (1) The Department of Education shall provide professional development to teachers and administrators relating to:

(a) Academic content standards developed pursuant to ORS 329.494 (1), as amended by section 4, chapter 253, Oregon Laws 2019, to ensure that school districts are able to offer instruction that meets the academic content standards of ORS 329.494 (1), as amended by section 4, chapter 253, Oregon Laws 2019, no later than the 2026-2027 school year.

(b) Academic content standards adopted pursuant to ORS 329.045 (1)(b)(B), as amended by section 1, chapter 202, Oregon Laws 2019, and to the selection of textbooks under ORS 337.260, as amended by section 3, chapter 202, Oregon Laws 2019, to ensure that school districts are able to offer instruction that meets the academic content standards of ORS 329.045 (1)(b)(B), as amended by section 1, chapter 202, Oregon Laws 2019, no later than the 2026-2027 school year.

(2) The department may contract for the provision of professional development required by this section.

(3) The State Board of Education shall adopt rules that establish standards and any other criteria for the professional development required under this section. [2019 c.202 §5; 2023 c.588 §3]

(Temporary provisions relating to reviews of standards)

Note: Sections 4 to 6, chapter 518, Oregon Laws 2021, provide:

Sec. 4. Social emotional learning standards and statewide social emotional framework; advisory group. (1) The Department of Education, in consultation with the Department of Early Learning and Care and the Teacher Standards and Practices Commission, shall convene an advisory group to propose for adoption by the State Board of Education:

(a) Social emotional learning standards for public school students in kindergarten through grade 12; and

(b) A statewide social emotional framework for public school students in kindergarten through grade 12.

(2) The standards and framework proposed by the advisory group must:

(a) Be developmentally appropriate;

(b) Align with other models and practices of the Department of Education related to mental health;

(c) Include racial equity and trauma-informed principles and practices within strengths-based multitiered systems of support;

(d) Increase public school students’ social emotional development;

(e) Promote self-awareness, awareness of others, critical thinking and understanding regarding the interaction between systemic social structures and histories, contributions and perspectives of individuals who:

(A) Are Alaska Native, Native American, Black, African American, Asian, Native Hawaiian, Pacific Islander, Latinx or Middle Eastern;

(B) Are women;

(D) Are immigrants or refugees;

(E) Are lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation; or

(F) Have experienced disproportionate results in education due to historical practices; and

(f) Promote the creation of school cultures that support kindness, care, connection, equity, diversity and inclusion.

(3) The advisory group shall submit a report to the board that describes the proposed standards and framework. The board shall consider the report when adopting the standards and framework.

(4) Subject to the direction from the board, the Department of Education shall determine the number and frequency of meetings to be held by the advisory group prior to the submission of the report required under subsection (3) of this section. [2021 c.518 §4]

Sec. 5. Timelines for standards and framework. (1) The Department of Education shall convene the advisory group required by section 4 of this 2021 Act no later than September 1, 2021.

(2) The report required under section 4 of this 2021 Act must be submitted to the State Board of Education no later than September 15, 2022.

(3) The board shall adopt social emotional learning standards and the social emotional framework described in section 4 of this 2021 Act no later than September 15, 2023.

(4) The board shall require school districts to implement the standards and framework no later than July 1, 2024. [2021 c.518 §5]

Sec. 6. Sunset. Sections 4 and 5 of this 2021 Act are repealed on January 2, 2025. [2021 c.518 §6]

Note: Section 1, chapter 406, Oregon Laws 2021, provides:

Sec. 1. Review of social studies standards. (1) No later than December 31, 2025, the State Board of Education shall review the social studies standards for kindergarten through grade 12.

(2) As part of the review required under subsection (1) of this section, the board shall consult with any combination of the following but must include at least one person who is:

(a) A public school student in any grade from grade 9 through 12;

(b) The parent of a public school student in any grade;

(d) A public school teacher in any grade from grade 9 through 12;

(e) An education advocate;

(f) A voting rights advocate;

(g) A representative of a culturally specific organization; and

(h) A representative of the Department of Education.

(3) When conducting the review, the board shall consider emphasizing civics education and making more accessible instruction related to:

(a) Voting rights and how to vote;

(b) Current and historical social movements;

(d) The United States Constitution, the Oregon Constitution and the constitutional form of government in this country. [2021 c.406 §1]

329.049 Plan to encourage voter registration and voting; incorporation into Essential Learning Skills; rules. (1) 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:

(a) 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

(b) Making materials developed by the Secretary of State relating to voting and voter registration readily available to students at each public high school.

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

Note: 329.049 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.

329.050 [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. (1) 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.

(2) The Department of Education shall be responsible for implementing the provisions of this chapter. Actions by the department to fulfill this responsibility and to increase student achievement may include, but are not limited to:

(a) Developing academic content standards;

(b) Updating Common Curriculum Goals to meet rigorous academic content standards and updating performance indicators and diploma requirements;

(c) Developing criterion-referenced assessments including performance-based, content-based and other assessment mechanisms to test knowledge and skills and whether students meet the performance expectations as determined by the board; and

(d) Establishing criteria for early childhood education programs governed by the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.

(3) The department shall make school districts and the public aware of public school choice options available within our current public education framework. [Formerly 326.745; 1995 c.660 §8; 1997 c.652 §21; 1999 c.871 §1; 2003 c.303 §6; 2007 c.858 §5; 2013 c.624 §2]

329.077 [1995 c.660 §30; 2001 c.448 §1; repealed by 2007 c.858 §40]

(Assessing Effectiveness of Schools and Districts)

329.078 Informational surveys; notice; ability to decline participation. (1) Each school district shall make available to the students of the school district the following informational surveys:

(a) 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 school culture and climate; and

(b) A survey administered by the Oregon Health Authority in collaboration with the department that is designed to improve the health and well-being of all students in this state and to help them succeed.

(2)(a) At least five days prior to the administration of a survey identified in subsection (1) of this section, the school district must provide:

(A) Notice of the survey to the parents or guardians of the students to whom the survey will be administered; and

(B) The opportunity for parents or guardians to review the survey before it is administered.

(b) Parents or guardians must be allowed to decline, either verbally or in writing, to have their children participate in a survey identified in subsection (1) of this section.

(3) Students may decline, at any time and either verbally or in writing, to participate in a survey identified in subsection (1) of this section.

(4) Students who participate in a survey identified in subsection (1) of this section may decline to answer individual questions on the survey.

(5) The department shall annually review the surveys identified in subsection (1) of this section and make any revisions in the collection of data and the distribution of data to enable school districts to assist schools in providing an environment that encourages healthy and successful learners. [2023 c.505 §2]

329.079 Advisory committee on education accountability framework. (1) The Superintendent of Public Instruction shall convene an advisory committee to explore options for expanding or revising the education accountability framework in this state.

(2) The advisory committee convened under this section must include representatives of school districts, teachers’ unions and post-secondary institutions of education.

(3) The advisory committee convened under this section must review accountability programs in other states and make recommendations to the superintendent on the expansion or revision of the education accountability framework. [2023 c.505 §3]

Note: 329.079 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.

329.080 [Repealed by 1963 c.544 §52]

329.085 Assessment of schools and school districts required; report; standards. (1) 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 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 school and school district standards and credit and performance requirements. The board shall seek public input in this process. [Formerly 326.755; 1995 c.660 §10a; 1997 c.17 §1; 2007 c.858 §6]

329.090 [Repealed by 1963 c.544 §52]

329.095 School district and school self-evaluations; local district continuous improvement plans; technical assistance. (1)(a) 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 continuous improvement plans more frequently than biennially.

(b) The department may require a school district to:

(A) File, periodically, or at the department’s request, its local district continuous improvement plan with the department;

(B) Notify the department of any substantial changes, as defined by rule of the State Board of Education, to the school district; or

(C) Update its local district continuous improvement plan when there has been a substantial change, as defined by rule of the board, to the school district.

(c) The self-evaluation process conducted as provided by this subsection 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 continuous improvement plans to achieve the goals.

(2) As part of setting local goals, school districts shall undertake a communications process that involves parents, students, teachers, school employees, the educational equity advisory committee 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 staff shall provide ongoing technical assistance in the development and implementation of the local district continuous improvement plan.

(4) The local district continuous improvement plan shall include:

(a) Goals to implement the following:

(A) A rigorous curriculum aligned with state standards;

(B) High-quality instructional programs;

(D) Programs and policies that achieve a safe educational environment;

(E) A plan for family and community engagement;

(F) Staff leadership development;

(G) High-quality data systems;

(H) Improvement planning that is data-driven;

(I) Education service plans for students who have or have not exceeded all of the academic content standards; and

(J) A strong school library program;

(b) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities;

(d) A needs assessment, which shall:

(A) Be conducted in a manner that is inclusive of school employees, students from student groups identified in ORS 327.180 (2)(b) and parents of those students.

(B) Address the following priorities:

(i) Reducing academic disparities for students from student groups identified in ORS 327.180 (2)(b);

(ii) Meeting students’ mental or behavioral health needs;

(iii) Providing equitable access to academic courses across the school district or public charter school, with specific emphasis on access by students from student groups identified in ORS 327.180 (2)(b);

(iv) Allowing teachers and staff to have sufficient time to:

(I) Collaborate with other teachers and staff;

(II) Review data on students’ grades, absences and discipline, based on school and on grade level or course; and

(III) Develop strategies to ensure that at-risk students stay on track to graduate; and

(v) Possible partnerships with other organizations, federally recognized Indian tribes, school districts, education service districts, regional achievement collaboratives, post-secondary institutions of education, education partners or nonprofit programs and community-based programs that have demonstrated achievement of positive outcomes in work with students from student groups identified in ORS 327.180 (2)(b). [Formerly 326.760; 1995 c.660 §11; 2007 c.858 §7; 2009 c.840 §2; 2011 c.311 §1; 2019 c.122 §21; 2021 c.493 §4]

329.100 [Repealed by 1963 c.544 §52]

329.105 School district and school performance reports. (1) 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.

(2) The superintendent shall include in the school district and school performance reports data for the following areas, for each school or district, that are available to the Department of Education from the most recent school year:

(a) Data required by the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802);

(b) Information about how to access the website that is maintained by the State Department of Geology and Mineral Industries as provided by ORS 516.030 (6)(b);

(c) Information related to the number of children served in the district and the number of children who are susceptible to restrictable disease, as reported under ORS 433.269 (2)(a); and

(d) Any other data identified by the Department of Education as required by federal law to be in the reports.

(3) In addition to the data required by subsection (2) of this section, the superintendent may include other data on the school district and school performance reports.

(4) The department shall work with stakeholders to:

(a) Design and implement an accountability system of progressive interventions for schools and school districts that do not demonstrate improvement; and

(b) Provide technical assistance to schools and school districts that do not demonstrate improvement. [Formerly 326.765; 1995 c.660 §12; 1999 c.938 §1; 2001 c.959 §2; 2007 c.858 §8; 2011 c.313 §5; 2012 c.61 §2; 2015 c.802 §3; 2017 c.726 §2]

329.110 [Repealed by 1963 c.544 §52]

329.115 Oregon Report Card. (1) Prior to December 1 of each year, the Superintendent of Public Instruction shall issue an Oregon Report Card on the state of the public schools of this state.

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

(a) Data required by the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802); and

(b) Any other data identified by the Department of Education as required by federal law.

(3) In addition to the information required under subsection (2) of this section, the superintendent may include other information in the Oregon Report Card. [Formerly 326.770; 1995 c.660 §13; 2007 c.858 §9; 2011 c.313 §6; 2017 c.726 §3]

(Proficiency Education)

329.119 Implementation of proficiency education; advisory committee. (1) As used in this section:

(a) “Proficiency education” means a practice of student-centered education that is based on the following principles:

(A) Students learn in a personalized environment and advance upon demonstrated mastery of industry, state or national standards;

(B) Measurable learning objectives are explicit and empower the students;

(D) Students receive rapid, differentiated support and learning outcomes, including applied learning.

(b) “Proficiency grading” means assigning a well-defined, descriptive value of a student’s demonstrated knowledge and skills to report whether the student meets or exceeds a defined level of performance.

(2) A school district may implement a proficiency education system as provided by this section.

(3)(a) For a school district that will implement or has implemented a proficiency education system or a proficiency grading system, the superintendent of the school district shall revise the duties of an existing committee to include the development and implementation of the proficiency education system or the proficiency grading system. If a school district does not have an existing committee to serve the purpose described in this paragraph, the superintendent of the school district shall establish a committee. A committee that is revised or established as provided by this paragraph shall act as an advisory committee.

(b) An advisory committee described in paragraph (a) of this subsection must consist of teachers, administrators and other school district personnel. When an employee organization represents educators of the school district, the superintendent of the school district, at the direction of the school district board, shall collaborate with the local president of the employee organization to recommend the appointment of educators to the advisory committee.

(4) An advisory committee described in subsection (3) of this section shall:

(a) Identify the best practices in proficiency education;

(b) Identify the best practices in proficiency grading and reporting;

(c) Determine the best method and format to communicate to students and parents the students’ progress toward meeting or exceeding the academic content standards;

(d) Determine educator professional learning needs with respect to proficiency education and proficiency grading;

(e) Examine the time needed to implement proficiency education and proficiency grading and reporting;

(f) Collaborate with administrators to ensure that the district data and reporting system are aligned to tasks that are related to proficiency education;

(g) Address any problems that emerge in the implementation of proficiency education and proficiency grading and reporting systems; and

(h) Make recommendations to the school district superintendent based on the determinations of the advisory committee as described in paragraphs (a) to (g) of this subsection or necessary for the development and implementation of proficiency education and proficiency grading and reporting. [2014 c.42 §3]

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]

329.145 [Formerly 326.785; 2012 c.37 §37a; repealed by 2021 c.631 §63]

329.150 [Formerly 326.790; 1995 c.660 §15; 2001 c.759 §3; 2012 c.37 §84; 2019 c.395 §3; repealed by 2021 c.631 §63]

329.153 [Formerly 336.005; repealed by 2021 c.547 §35]

(Education Programs That Provide Services for Children and Families)

329.155 Standards for education programs and programs providing services for children and families; interagency coordination. (1) As used in this section:

(a) “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 primary social unit affecting a child’s well-being.

(b) “Services” means education and all other programs and services addressing one or more of a child’s basic needs.

(2) 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:

(A) An effective component of agency and state priorities, goals and strategies that have been established by the Early Learning Council; and

(B) Relevant to research and professional standards;

(d) Use the information generated by applicable state advisory groups and governing boards 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 make related recommendations, if any, to the Early Learning Council.

(3) The processes listed in subsection (2) 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 the Legislative Assembly. [Formerly 326.795; 1999 c.59 §80; 1999 c.1053 §26; 2012 c.37 §§38,85; 2021 c.631 §22]

(Community Learning Centers)

329.156 Creation; requirements; technical assistance. (1) 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.

(2) 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 programs, shall provide training and technical assistance to promote the development and implementation of community learning centers. To the extent possible, the Department of Early Learning and Care shall use voluntary organizations to provide the training and technical assistance.

(3) 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 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; and

(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.

(4) 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; 2005 c.503 §16; 2012 c.37 §§39,86; 2013 c.624 §§24,25; 2021 c.631 §23]

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 language learner 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; 2015 c.604 §15]

329.159 [2001 c.759 §7; repealed by 2011 c.313 §25]

(Early Childhood Education)

329.160 Policy on early childhood and parenting education; funding goal. 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 duplication of services and so as to ensure maximum use of resources. The state shall continue funding the Oregon Prenatal to Kindergarten Program with a goal to have full funding for all eligible children. [Formerly 326.810; 1995 c.660 §17; 2007 c.858 §10; 2023 c.547 §7]

329.165 Development of long-range plan for serving children and families. (1) 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 costs, salary enhancements, infrastructure and other continuous quality improvement costs. The department shall determine the rate of increase in funding for programs necessary each biennium to provide service to all children eligible for the Oregon Prenatal to Kindergarten Program.

(2) 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; 2007 c.858 §11; 2011 c.545 §41; 2013 c.624 §3; 2019 c.395 §4; 2021 c.631 §24; 2023 c.547 §§8,9]

329.170 [Formerly 326.600; 2001 c.831 §15; 2005 c.209 §10; 2013 c.624 §4; 2019 c.646 §1; 2021 c.631 §25; repealed by 2023 c.547 §35]

329.172 Preschool Promise Program; grants and contracts; report. (1)(a) 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.

(b) In administering the Preschool Promise Program, the Department of Early Learning and Care shall identify local entities as provided under subsection (3) of this section within the region served by each Early Learning Hub to serve as a preschool provider that meets the eligibility criteria established under subsections (4) and (5) of this section.

(2) For the purpose of expanding and coordinating preschool options under the Preschool Promise Program, Early Learning Hubs shall:

(a) Once every two years, in consultation with resource and referral entities established under ORS 329A.100 to 329A.135, complete a community plan. The community plan must include the following for the region served by the Early Learning Hub:

(A) Identification of priority populations of children and families to enroll in the program;

(B) Assessment of the availability of high-quality preschool programs;

(C) Identification of existing preschool providers and opportunities to increase the number and enrollment capacity of preschool providers;

(D) Prioritization of local entities to serve as preschool providers based on community need and enrollment capacity;

(E) Identification of methods for increasing the enrollment capacity of preschool providers and for providing professional development to preschool providers; and

(F) Identification of other services related to preschool programs.

(b) After completing a community plan described in paragraph (a) of this subsection, the Early Learning Hub shall submit the plan to the department for approval based on rules adopted by the Early Learning Council.

(c) Based on the results of the most recent community plan, annually coordinate and collaborate with preschool providers to:

(A) Determine the preschool program that best meets the needs of eligible children and their families within the Early Learning Hub; and

(B) Enroll eligible children in preschool programs.

(3) A local entity may apply to the department to be awarded grants or contracts to be a preschool provider under this section if the local entity is:

(a) An Early Learning Hub designated under ORS 417.827;

(b) A resource and referral entity established under ORS 329A.100 to 329A.135;

(d) A school district;

(e) A federal Head Start program;

(f) A community-based organization; or

(g) Another entity identified by the department.

(4) A preschool provider that meets the requirements of this subsection may apply to participate in the Preschool Promise Program to receive grants or contracts under the program. The preschool provider:

(a) Must be establishing a new preschool program or expanding an existing preschool program.

(b) Must meet or exceed the requirements of subsection (5) of this section.

(c) May be a federal Head Start program, a provider under the Oregon Prenatal to Kindergarten Program, a child care provider, a relief nursery, a private preschool, a public school, a public charter school, an education service district or a community-based organization that provides a preschool program.

(5) A preschool provider may participate in the Preschool Promise Program if the provider’s preschool program:

(a) Provides, at a minimum, the annual number of instructional hours required for full-day kindergarten.

(b) Takes into consideration the scheduling needs of families who need full-time child care.

(A) Are at least three years of age but not older than five years of age, as determined by the date used to determine kindergarten eligibility; and

(B)(i) Are members of families whose incomes, at the time of enrollment, are at or below 200 percent of the federal poverty guidelines; or

(ii) Otherwise meet criteria established by the Early Learning Council by rule.

(d) Provides continuity from infant and toddler services to early elementary grades.

(e) Demonstrates an ability to maximize available federal, state and local funds.

(f) Demonstrates an ability to meet quality standards adopted by the Early Learning Council, including:

(A) Participating in the quality recognition and improvement system for early childhood programs as established by ORS 329A.261.

(B) Adopting culturally responsive teaching methods and practices.

(C) Providing a high-quality, culturally responsive family engagement environment that supports parents as partners in a child’s learning and development.

(D) Providing high-quality, culturally responsive curricula, assessments and professional development that are linked to one another and to the state’s comprehensive early learning standards.

(E) Providing a classroom environment that is inclusive of all children, regardless of ability or family income.

(F) Providing highly trained lead preschool teachers who have:

(i) At least a bachelor’s degree in:

(I) Early childhood education or a field related to early childhood education; or

(II) A field not related to early childhood education if the department, based on rules adopted by the Early Learning Council, determines that the teacher has completed coursework that is equivalent to a major in early childhood education and has sufficient training in early childhood education;

(ii) An associate degree with additional training or additional certification in early childhood education or a field related to early childhood education, as determined by the department based on rules adopted by the Early Learning Council; or

(iii) Sufficient alternative credentialing to indicate that the teacher is highly trained, as determined by the department based on rules adopted by the Early Learning Council.

(G) Providing lead preschool teachers and teaching assistants with a salary that meets the minimum salary requirements established by the Early Learning Council.

(H) Providing at least one teaching assistant in each classroom who provides support for academic instruction and who meets the state’s personnel qualification requirements as established by rule by the Early Learning Council.

(I) Providing children and families with additional health and child development supports, such as screening, referrals and coordination with health care providers.

(g) Incorporates best practices in outreach, enrollment and programming for diverse cultural and linguistic populations and children who have been historically underserved in preschool programs.

(h) Works in collaboration with community programs to ensure that families have knowledge of, and are connected to, community resources and supports to meet the needs of children and families served by the preschool program.

(i) Participates in an ongoing monitoring and program evaluation system that is used for continuous program improvement.

(6)(a) While any moneys received under a grant received or a contract entered into as provided by this section must be used to serve children described in subsection (5)(c) of this section, nothing in subsection (5)(c) of this section prevents a preschool provider from serving additional children, including children who:

(A) Pay tuition for the preschool program and whose family income at the time of enrollment exceeds 200 percent of federal poverty guidelines.

(B) Are funded by the Oregon Prenatal to Kindergarten Program, a federal Head Start program or another source of funding.

(b) If a preschool provider participating in the Preschool Promise Program serves children described in paragraph (a) of this subsection, moneys received under a grant or contract as provided by this section may not be used to pay for expenses incurred for the children described in paragraph (a) of this subsection.

(7) A preschool provider participating in the Preschool Promise Program may receive a waiver of any of the requirements described in subsection (5) of this section if the waiver:

(a) Is for a preschool program that is maintaining progress toward quality; and

(b) Is anticipated for the first years of the preschool program only.

(8) To assist the department in administering this section, the Early Learning Council shall:

(a) Identify resources necessary for the department to develop, support and sustain the implementation of a high-quality preschool program, including evaluations, professional development opportunities, technical assistance, monitoring guidance and administrative assistance.

(b) Ensure that pathways and supports are available to teaching staff to increase culturally and linguistically diverse staff to teach and assist in preschool classrooms.

(c) Establish minimum salary requirements and target salary guidelines for lead preschool teachers and teaching assistants at preschool providers participating in the Preschool Promise Program. Minimum salary requirements may be differentiated by program type. Target salary guidelines shall be, to the extent practicable, comparable to lead kindergarten teacher and teaching assistant salaries in public schools. The department shall provide guidelines and technical assistance to preschool providers participating in the Preschool Promise Program to address salary disparities among preschool teachers and preschool staff.

(d) Develop strategies that strive to increase the mean salary for lead teachers, teaching assistants and other preschool staff employed by preschool providers participating in the Preschool Promise Program.

(e) Administer waivers as described in subsection (7) of this section.

(f) Develop strategies to ensure preschool providers have the resources necessary to maintain children in placement in the Preschool Promise Program.

(9) Each biennium, the department shall submit a report to the Legislative Assembly that describes:

(a) The number of children served by the Preschool Promise Program, including the number of children:

(A) Whose family incomes are at or below 200 percent of the federal poverty guidelines;

(B) Whose family incomes are between 100 and 200 percent of the federal poverty guidelines;

(D) Who are eligible for Head Start programs; and

(E) Who are eligible for early childhood special education.

(b) The cost to serve each child described in subsection (5)(c) of this section.

(d) The effectiveness of the Preschool Promise Program, including student progress and outcomes.

(e) Improvements that have been made to the administration and evaluation of the Preschool Promise Program to improve the effectiveness of the program.

(f) The salary, education levels and turnover rates of lead preschool teachers and teaching assistants employed by preschool providers participating in the Preschool Promise Program.

(10) The Department of Early Learning and Care shall coordinate with the Department of Education and other state agencies in support of the Preschool Promise Program.

(11) The Department of Early Learning and Care shall prescribe the form and timeline for applications to participate in the Preschool Promise Program. [2015 c.745 §2; 2017 c.140 §1; 2017 c.280 §1; 2019 c.646 §2; 2021 c.93 §1; 2021 c.631 §26; 2023 c.547 §§10,11]

329.175 Oregon Prenatal to Kindergarten Program; funding; providers. (1) As used in this section:

(a) “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 until the children enter kindergarten, in order to maximize the potential of those children prior to kindergarten entry.

(b) “Providers under the Oregon Prenatal to Kindergarten Program” means entities that use grants received under the Oregon Prenatal to Kindergarten Program to provide services through the program, in compliance with requirements prescribed by the Early Learning Council and the Department of Early Learning and Care.

(2) The Department of Early Learning and Care shall administer the Oregon Prenatal to Kindergarten 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 a parent or guardian, may be admitted to receive services from providers under the Oregon Prenatal to Kindergarten Program to the extent that the Legislative Assembly provides funds.

(3)(a) In administering the Oregon Prenatal to Kindergarten Program, the department shall adopt a funding formula and methodology that will ensure that providers under the Oregon Prenatal to Kindergarten Program offer high-quality services, including prenatal care and other services, to eligible children and their families.

(b) Until the children enter kindergarten, services may be provided under this section to pregnant women and families with children who are not participating in a federal, state or local program providing comprehensive services and who qualify for eligibility under the federal Head Start program.

(4)(a) Nonsectarian organizations, including school districts and Head Start grantees, are eligible to compete for funds to become providers under the Oregon Prenatal to Kindergarten Program.

(b)(A) Providers under the Oregon Prenatal to Kindergarten Program shall serve children eligible according to federal Head Start guidelines and other children who meet criteria of eligibility adopted by rule by the Early Learning Council.

(B) Providers under the Oregon Prenatal to Kindergarten Program may serve children not described in subparagraph (A) of this paragraph, but not more than 20 percent of the total enrollment with a provider shall consist of children who do not meet federal Head Start guidelines.

(c) School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the Oregon Prenatal to Kindergarten Program.

(d) Providers under the Oregon Prenatal to Kindergarten Program may accept gifts, grants and other funds for the purposes of this section.

(5) 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.

(6) Applicants shall identify how they will provide, at a minimum, the annual number of instructional hours required under performance guidelines and standards of the federal Head Start programs.

(7) Providers under the Oregon Prenatal to Kindergarten Program shall provide lead teachers and teaching assistants with a salary that meets the minimum salary requirements established by the Early Learning Council.

(8) Providers under the Oregon Prenatal to Kindergarten Program must demonstrate an ability to maximize all available federal, state and local funds.

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

(10) Providers under the Oregon Prenatal to Kindergarten Program shall coordinate services with other services provided through the Oregon Early Learning System. The coordination of services must be consistent with federal and state law.

(11)(a) The governing body of a recipient of grant funds under this section shall be subject to ORS 192.610 to 192.705 but is subject to ORS 192.311 to 192.478 only:

(A) With respect to records created at a meeting of the governing body, minutes of a meeting of a governing body or records presented at a meeting of the governing body; or

(B) As otherwise provided by law other than this subsection.

(b) As used in this subsection, “governing body” means a board or other entity of two or more persons who are authorized to make decisions with respect to a recipient or who are authorized to advise or make recommendations to a governing body of the recipient. [Formerly 326.605; 2001 c.831 §16; 2012 c.37 §87; 2013 c.282 §§1,2; 2013 c.624 §§5,6; 2019 c.646 §3; 2021 c.631 §27; 2023 c.547 §§1,2 ]

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

329.181 Scholarship and grant programs for early childhood care and education; rules. (1) As used in this section, “early childhood care and education” includes early childhood behavioral and mental health services.

(2) 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 early childhood care and education professionals in this state.

(3) The commission and department shall collaborate to approve degree programs for which a scholarship may be awarded under this section.

(4) A person is eligible to receive a scholarship under this section if the person:

(a) Enrolls in a program approved under subsection (3) of this section;

(b) Enrolls in a minimum of six credits, or the equivalent, per term;

(d) Accepts all state and federal aid grants, institutional aid grants and scholarships made available to the person.

(5) A person remains eligible to receive a scholarship under this section if the person:

(a) Remains in good academic standing; and

(b) Has not received the scholarship for the equivalent of four years of full-time study.

(6) The commission and department may prioritize a person currently employed in a position in the field of early childhood care and education for receiving a scholarship under this section.

(7) An institution of higher education may receive a one-time grant under this section to develop high-quality degree programs for early childhood care and education professionals.

(8) The Early Learning Council and the commission may adopt rules necessary to implement the scholarship program and grant program administered as provided by this section. Rules may provide for:

(a) The reduction of the costs of the programs in the event amounts requested under the programs exceed amounts available for the programs.

(b) An award methodology for scholarships that takes into consideration state and federal aid grants, institutional aid grants and scholarships received by a person. [2019 c.646 §5; 2021 c.631 §28; 2023 c.609 §§1,2]

329.183 Oregon Prenatal to Kindergarten Program Trust Fund; charitable checkoff eligibility. (1) 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:

(a) Assist eligible children with comprehensive services, including educational, social, health and nutritional development, to enhance their chances for success in school and life;

(b) Provide scholarships awarded to current and prospective early childhood care and education professionals, as described in ORS 329.181; and

(c) Provide grants to institutions of higher education to develop high-quality degree programs for early childhood care and education professionals, as described in ORS 329.181.

(2) For the purposes identified in subsection (1) of this section, the trust fund is continuously appropriated to the Department of Early Learning and Care.

(3) The department 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 329.172 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.

(4) The trust fund may be included, if otherwise qualified, on a schedule of the Oregon individual income tax return for checkoff pursuant to application made to the Oregon Charitable Checkoff Commission under ORS 305.690 to 305.753 by the department. [1995 c.636 §4; 2001 c.831 §17; 2007 c.858 §12; 2013 c.624 §7; 2019 c.646 §6; 2021 c.8 §11; 2021 c.631 §29; 2023 c.547 §§31,32]

329.185 Expansion of Oregon Prenatal to Kindergarten 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 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 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 Department of Early Learning and Care 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 department 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; 2013 c.624 §8; 2021 c.631 §30; 2023 c.547 §§12,13]

Note: 329.185 was added to and made a part of ORS chapter 329 by legislative action but was not added to 329.172 to 329.200. See Preface to Oregon Revised Statutes for further explanation.

329.190 [Formerly 326.615; 1999 c.39 §5; 2001 c.831 §19; 2007 c.858 §13; 2012 c.37 §40; 2013 c.624 §9; repealed by 2021 c.631 §63]

329.195 Rules for Oregon Prenatal to Kindergarten Program; applications to be provider. (1)(a) The Early Learning Council shall adopt rules for the establishment of the Oregon Prenatal to Kindergarten Program.

(b) Rules adopted under this section specifically shall require:

(A) Performance standards and operating standards that are at a level no less than the level required under the federal Head Start program guidelines.

(B) Processes and procedures for recompetition that are substantially similar to the processes and procedures required under the rules and guidelines adopted under the federal Head Start Act.

(c) Federal Head Start program guidelines shall be considered as guidelines for the Oregon Prenatal to Kindergarten Program.

(d) Notwithstanding paragraph (b) of this subsection, the council may adopt rules that allow for the provision of a half-day program or a full-day program, or a combination thereof, to meet community needs, as determined by the council based on community assessments.

(2) In developing rules for the Oregon Prenatal to Kindergarten Program, the council 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 Early Learning and Care shall review received applications for entities to become providers under the Oregon Prenatal to Kindergarten Program. When approving applications, to the extent practicable, the department shall distribute funds regionally based on percentages of unmet needs for the county or region. [Formerly 326.620; 2001 c.831 §20; 2007 c.858 §14; 2012 c.37 §§18,88; 2013 c.624 §§10,11; 2017 c.140 §2; 2019 c.395 §5; 2021 c.631 §31; 2023 c.547 §§14,15]

329.200 Report on Oregon Prenatal to Kindergarten Program; assessment of program effectiveness. (1) 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.

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

(a) The relationship of the state-funded Oregon Prenatal to Kindergarten 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 endorsement of early childhood teachers.

(3) The department shall examine, monitor and assess the effectiveness of the Oregon Prenatal to Kindergarten Program and make biennial reports to the Legislative Assembly on the effectiveness of the program. [Formerly 326.625; 2001 c.831 §21; 2005 c.209 §11; 2007 c.858 §15; 2013 c.624 §12; 2019 c.646 §7; 2021 c.631 §32; 2023 c.547 §§16,17]

329.210 [Repealed by 1953 c.306 §18]

329.215 [Formerly 343.415; repealed by 2007 c.858 §40]

329.219 Department of Early Learning and Care to implement policies and practices related to early childhood professional development systems. (1) 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 recruitment, preparation, induction, career advancement opportunities and support for early learning providers and professionals, including professionals who provide home visiting services.

(2) To achieve the objectives described in subsection (1) of this section, the department shall develop or expand:

(a) Strategies and partnerships that connect early learning providers and professionals with access to education pathways, including college credentials, degrees and certificates;

(b) Coaching and mentorship programs that make available cohorts, mentors and quality improvement specialists to advise, assist, educate and provide information to early learning providers and professionals;

(c) Professional development tracking systems for the workforce for early learning to ensure coverage of the necessary skills and knowledge required of early learning providers and professionals, including professionals who provide home visiting services; and

(d) Collaborations that support exempt family child care providers, as defined in ORS 329A.430, through the advancement of research in child development, peer learning and mentoring.

(3) The department shall collaborate with any state agencies or other partners to achieve the objectives described in subsection (1) of this section and to carry out the provisions of subsection (2) of this section. [2017 c.639 §7; 2021 c.631 §33]

Note: 329.219 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.

329.220 [Repealed by 1953 c.306 §18]

329.225 [Formerly 343.425; 2001 c.831 §22; repealed by 2007 c.858 §40]

329.228 [1995 c.636 §2; 2005 c.209 §12; 2007 c.858 §16; repealed by 2011 c.313 §25]

329.230 [Repealed by 1953 c.306 §18]

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

329.240 [Repealed by 1953 c.306 §18]

329.245 [Formerly 336.437; repealed by 2007 c.858 §40]

329.250 [Repealed by 1953 c.306 §18]

(Child Development and Student-Parent Programs)

329.255 Child development specialist program. (1) The district school board of every school district operating any elementary schools may establish a child development specialist program.

(2) If a district school board establishes a child development specialist program, the school district must meet the following requirements:

(a) The school district shall submit a written plan describing the program to the Department of Education and the program must be approved by the department.

(b) Upon approval of a program, a school district shall submit child development specialist candidate applications for department approval.

(c) The school district shall conduct an annual review of the program and submit an updated plan to the department for reauthorization of the program.

(d) Each child development specialist employed by a school district shall complete an annual evaluation of the specialist’s child development plan to be included with the school district’s updated plan.

(3) The department shall review the plans annually.

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

329.260 [Repealed by 1953 c.306 §18]

329.265 [Formerly 343.135; 2007 c.858 §18; repealed by 2009 c.76 §1]

329.275 State board guidelines; rules; qualifications for child development specialists. (1) 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 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; 2009 c.76 §2]

329.280 [Repealed by 1953 c.306 §18]

329.290 [Repealed by 1953 c.306 §18]

329.300 [Repealed by 1953 c.306 §18]

329.310 [Repealed by 1953 c.306 §18]

329.320 [Repealed by 1953 c.306 §18]

329.330 [Repealed by 1953 c.306 §18]

329.350 [Repealed by 1953 c.306 §18]

329.360 [Repealed by 1953 c.306 §18]

329.385 Child development programs; student-parent programs. (1) The 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.

(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 (2003 or earlier edition) 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 (2003 or earlier edition) 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; 2005 c.94 §113]

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 [Formerly 336.875; repealed by 2007 c.858 §40]

329.415 Operating guides and 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 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. [Formerly 336.880; 2007 c.858 §19]

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]

329.445 [Formerly 326.730; 1995 c.660 §22; repealed by 2007 c.858 §40]

329.447 [1995 c.660 §25; 2003 c.303 §7; repealed by 2007 c.858 §40]

329.450 [Repealed by 1953 c.306 §18]

(Diplomas and Certificates)

329.451 High school diploma; modified diploma; extended diploma; certificate of attendance; grade level advancement. (1)(a) At or before grade 12, a school district or public charter school shall award a high school diploma to a student who completes the requirements established by subsection (2) of this section.

(b) A school district or public charter school shall award a modified diploma to a student who satisfies the requirements established by subsection (7) of this section, an extended diploma to a student who satisfies the requirements established by subsection (8) of this section or a certificate of attendance to a student who satisfies the requirements established by subsection (9) of this section.

(c) A school district or public charter school may not deny a student who has the documented history described in subsection (7)(b) or (8)(b) of this section the opportunity to pursue a diploma with more stringent requirements than a modified diploma or an extended diploma.

(d) A school district or public charter school may award a modified diploma or extended diploma to a student only upon receiving consent as provided by subsection (6) of this section.

(2)(a) In order to receive a high school diploma from a school district or public charter school, a student must satisfy the requirements established by the State Board of Education and the school district or public charter school and, while in grades 9 through 12, must complete at least:

(A) Twenty-four total credits;

(B) Three credits of mathematics; and

(b) If a school district or public charter school requires a student to complete more than 24 total credits, as provided by paragraph (a)(A) of this subsection, the school district or public charter school may only require the student to complete additional credits for:

(A) Subjects for which the State Board of Education has established academic content standards under ORS 329.045;

(B) Courses provided as part of a career and technical education program; or

(c)(A) A school district or public charter school that requires students to satisfy any requirements not specified by paragraph (a) of this subsection or by rule of the State Board of Education must grant to a student a waiver of the requirements established by the school district or public charter school if the student is or, at any time from grade 9 to 12, was:

(i) A foster child, as defined in ORS 30.297;

(ii) Homeless, as determined under rules adopted by the State Board of Education based on standards adopted by the Department of Human Services;

(iii) A runaway, as determined under rules adopted by the State Board of Education based on standards adopted by the Department of Human Services;

(iv) A child in a military family covered by the Interstate Compact on Educational Opportunity for Military Children, as determined under rules adopted by the State Board of Education;

(v) A child of a migrant worker, as determined under rules adopted by the State Board of Education;

(vi) Enrolled in the Youth Corrections Education Program or the Juvenile Detention Education Program; or

(vii) Enrolled in an approved recovery school under ORS 336.680.

(B)(i) For any student identified under subparagraph (A) of this paragraph, a school district or public charter school must accept any credits earned by the student in an educational program in this state and apply those credits toward requirements specified by paragraph (a) of this subsection or by rule of the State Board of Education if the credits satisfied those requirements in that educational program in this state.

(ii) As used in this subparagraph, “educational program in this state” means an educational program that is:

(I) Provided by a school district, a public charter school, an approved recovery school, the Youth Corrections Education Program or the Juvenile Detention Education Program; or

(II) Funded as provided by ORS 343.243 for students in a long term care or treatment facility described in ORS 343.961 or a hospital identified in ORS 343.261.

(3) A student providing work samples to demonstrate proficiency in Essential Learning Skills as may be required under subsection (2) of this section must be allowed to use accommodations described in the student’s individualized education program or the student’s plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. As used in this subsection, the term “accommodations”:

(a) Includes, but is not limited to:

(A) Additional time to demonstrate proficiency.

(B) The ability to demonstrate proficiency in an alternative location that is secure and proctored.

(b) Does not include modifications that lower the proficiency standards or that are used solely to earn modified credit.

(4) A student may satisfy the requirements of subsection (2) of this section in less than four years. If a student satisfies the requirements of subsection (2) of this section and a school district or public charter school has received consent as provided by subsection (6) of this section, the school district or public charter school shall award a high school diploma to the student.

(5) If a school district or public charter school has received consent as provided by subsection (6) of this section, 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)(a) For the purpose of receiving consent as provided by subsections (1)(d), (4) and (5) of this section, consent shall be provided by:

(A) The parent or guardian of the student, if the student:

(i) Is under 18 years of age and is not emancipated pursuant to ORS 419B.550 to 419B.558; or

(ii) Has been determined not to have the ability to give informed consent regarding the student’s education pursuant to a protective proceeding under ORS chapter 125; or

(B) The student, if the student is 18 years of age or older or is emancipated pursuant to ORS 419B.550 to 419B.558.

(b) For the purpose of awarding a modified diploma or extended diploma as provided by subsection (1)(d) of this section or of awarding a high school diploma as provided by subsection (4) of this section, consent must be received during the school year for which the diploma will be awarded.

(7) A school district or public charter school shall award a modified diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations. To be eligible for a modified diploma, a student must:

(a) Satisfy the requirements for a modified diploma established by the State Board of Education; and

(b) Have a documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers or have a documented history of a medical condition that creates a barrier to achievement.

(8) A school district or public charter school shall award an extended diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations. To be eligible for an extended diploma, a student must:

(a) While in grade nine through completion of high school, complete 12 credits, which may not include more than six credits earned in a self-contained special education classroom and shall include:

(A) Two credits of mathematics;

(B) Two credits of language arts;

(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 world language; and

(b) Have a documented history of:

(A) An inability to maintain grade level achievement due to significant learning and instructional barriers;

(B) A medical condition that creates a barrier to achievement; or

(C) A change in the student’s ability to participate in grade level activities as a result of a serious illness or injury that occurred after grade eight.

(9) A school district or public charter school shall award a certificate of attendance to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma if the student has maintained regular full-time attendance for at least four years beginning in grade nine and meets requirements established by the board of the school district or public charter school.

(10) A student shall have the opportunity to satisfy the requirements of subsection (7), (8) or (9) of this section by the later of:

(a) Four years after starting grade nine; or

(b) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(11)(a) A student may satisfy the requirements described in subsection (7), (8) or (9) of this section in less than four years if consent is provided in the manner described in subsection (6)(a) of this section.

(b) The consent provided under this subsection must be written and must clearly state that the parent, guardian or student is waiving the time allowed under subsection (10) of this section. A consent may not be used to allow a student to satisfy the requirements of subsection (7), (8) or (9) of this section in less than three years.

(c) A copy of all consents provided under this subsection for students in a school district must be forwarded to the district superintendent.

(d) Each school district must provide to the Superintendent of Public Instruction information about the number of consents provided during a school year.

(12)(a) A student who qualifies to receive or receives a modified diploma, an extended diploma or a certificate of attendance shall:

(A) Have the option of participating in a high school graduation ceremony with the class of the student; and

(B) Have access to instructional hours, hours of transition services and hours of other services that are designed to:

(i) Meet the unique needs of the student; and

(ii) When added together, provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school.

(b) A school district may not unilaterally decrease the total number of hours of instruction and services to which the student has access under paragraph (a)(B) of this subsection, regardless of the age of the student.

(c) For purposes of paragraph (a)(B) of this subsection, transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. A school district that enters into an interagency agreement as allowed under this paragraph retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student under this subsection. An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement as provided by this paragraph.

(13) A school district or public charter school shall:

(a) Ensure that all students have on-site access to the appropriate resources and courses to achieve high school diplomas, modified diplomas and extended diplomas at each high school in the school district or at the public charter school.

(b) Provide literacy instruction to all students until graduation.

(c)(A) Provide to the parents or guardians of a student who has the documented history described in subsection (8)(b) of this section:

(i) Information about the availability of high school diplomas, modified diplomas and extended diplomas and the requirements for the diplomas; and

(ii) A disclosure that a student awarded a certificate of attendance will not be counted as a high school graduate in any reporting for the state or school district and that a student awarded a certificate of attendance may not indicate that the student received a high school diploma on applications for employment, military service, financial aid, admittance to an institution of higher education or any other purpose.

(B) The information and disclosure required under subparagraph (A) of this paragraph must be provided annually:

(i) Beginning in grade five; or

(ii) Beginning after a documented history described in subsection (8)(b) of this section has been established.

(14) A school district or public charter school shall allow a student to participate in the high school graduation ceremony with the class of the student and to wear:

(a) Native American items of cultural significance as provided by ORS 332.112; or

(b) A dress uniform issued to the student by a branch of the Armed Forces of the United States if the student:

(A) Qualifies to receive a high school diploma, a modified diploma, an extended diploma or a certificate of attendance under this section; and

(B) Has completed basic training for, and is an active member of, a branch of the Armed Forces of the United States. [2005 c.827 §1; 2007 c.407 §1; 2007 c.660 §12; 2009 c.618 §1; 2011 c.240 §1a; 2011 c.286 §1; 2011 c.313 §7; 2011 c.546 §1; 2013 c.15 §4; 2013 c.64 §1; 2013 c.761 §3; 2014 c.42 §§5,6; 2017 c.433 §1; 2017 c.726 §6; 2019 c.210 §1; 2021 c.45 §2; 2021 c.97 §24; 2021 c.178 §1; 2022 c.81 §5; 2023 c.202 §2; 2023 c.513 §8]

Note 1: The amendments to 329.451 by section 2, chapter 202, Oregon Laws 2023, become operative July 1, 2024. See section 9, chapter 202, Oregon Laws 2023. The text that is operative until July 1, 2024, including amendments by section 5, chapter 81, Oregon Laws 2022, and section 8, chapter 513, Oregon Laws 2023, is set forth for the user’s convenience.

329.451. (1)(a) At or before grade 12, a school district or public charter school shall award a high school diploma to a student who completes the requirements established by subsection (2) of this section.

(b) A school district or public charter school shall award a modified diploma to a student who satisfies the requirements established by subsection (7) of this section, an extended diploma to a student who satisfies the requirements established by subsection (8) of this section or an alternative certificate to a student who satisfies the requirements established by subsection (9) of this section.