2017 ORS 326.111¹
Department of Education
  • composition
  • functions

(1) The Department of Education is created and shall function under the direction and control of the State Board of Education with the Superintendent of Public Instruction serving as an administrative officer for public school matters.

(2) The Department of Education shall consist of:

(a) Agencies and officers that are added by law to the Department of Education; and

(b) The administrative organizations and staffs required for the performance of the department’s functions.

(3) All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and control of schools not conferred by law on some other agency. [1965 c.100 §10; 1967 c.552 §22; 1989 c.491 §2; 1991 c.757 §1; 1991 c.886 §2; 1993 c.45 §12; 1999 c.39 §3; 2005 c.209 §3]

Note: Sections 1 and 2, chapter 722, Oregon Laws 2017, provide:

Sec. 1. Task Force on Assessments of Children Who Are Deaf or Hard of Hearing. (1) The Task Force on Assessments of Children Who Are Deaf or Hard of Hearing is established.

(2)(a) The task force consists of 12 members appointed as follows:

(A) The President of the Senate shall appoint one member from among members of the Senate.

(B) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.

(C) The Superintendent of Public Instruction shall appoint 10 members as follows:

(i) One parent of a child who is deaf or hard of hearing and who is bilingual in American Sign Language and English.

(ii) One parent of a child who is deaf or hard of hearing and who uses only spoken English, with or without visual supplements.

(iii) One teacher of deaf and hard-of-hearing children whose expertise is in curriculum and instruction in American Sign Language and English.

(iv) One teacher of deaf and hard-of-hearing children whose expertise is in curriculum and instruction in spoken English, with or without visual supplements.

(v) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using American Sign Language and spoken English.

(vi) One administrator of an early intervention or school-age program for deaf and hard-of-hearing children.

(vii) One representative of the Department of Education.

(viii) One speech pathologist with experience working with deaf and hard-of-hearing children on the development of spoken English, with or without the use of visual supplements.

(ix) One representative of an association that advocates to enhance the quality of life for Oregonians who are deaf or hard of hearing.

(x) One school psychologist with experience working with deaf and hard-of-hearing students and with knowledge in conducting and interpreting cognitive assessments for deaf and hard-of-hearing students.

(b) To the extent practicable, a majority of the members appointed as provided by paragraph (a)(C) of this subsection shall be deaf or hard of hearing.

(3) The task force shall analyze and recommend a framework for assessing deaf and hard-of-hearing children to determine the children’s competencies in language and literacy skills for the purpose of ensuring the children are able to successfully access the kindergarten curriculum in an equitable manner. When analyzing and recommending the framework, the task force shall be impartial with regard to the language taught to deaf and hard-of-hearing children.

(4) For the purpose of analyzing and recommending a framework as required by subsection (3) of this section, the task force shall:

(a) Review and recommend use of existing and available tools or assessments for educators to use to assess the language and literacy development of deaf and hard-of-hearing children. The tools or assessments must be:

(A) Standardized, norm-referenced and validated;

(B) Able to track deaf and hard-of-hearing children’s expressive and receptive language and cognitive abilities compared to the child’s language age-appropriate peers who are not deaf or hard of hearing; and

(C) Able to be used to establish or modify individualized education programs or individualized family service plans.

(b) Determine how often the tools or assessments recommended under paragraph (a) of this subsection should be used for children from birth to age eight.

(c) Identify language development milestones for deaf and hard-of-hearing children by consulting with professionals trained in the language development and education of children who are deaf or hard of hearing. The milestones must be:

(A) A resource for use by parents and educators to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and cognitive abilities;

(B) Able to be used to ensure that deaf and hard-of-hearing children meet developmental milestones toward English literacy; and

(C) Evaluated by the use of formalized evidence-based assessments.

(d) Identify procedures and methods for communicating language acquisition, assessment results, milestones, assessment tools used and progress of a child to the parent of the child and to teachers and other professionals involved in the early intervention and education of a child.

(e) Identify reporting requirements for the department to ensure that statutes and administrative rules are adequately addressing the language developmental needs of deaf and hard-of-hearing children.

(5) A majority of the voting members of the task force constitutes a quorum for the transaction of business.

(6) Official action by the task force requires the approval of a majority of the voting members of the task force who are participating in the meeting.

(7) The task force shall elect one of its members to serve as chairperson. The chairperson shall be a nonvoting member of the task force and may be elected from among any of the voting or nonvoting members of the task force.

(8) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(9) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the task force.

(10) The task force may adopt rules necessary for the operation of the task force.

(11) The task force shall submit a report in the manner provided by ORS 192.245 (Form of report to legislature), and may include recommendations for legislation, to an interim committee of the Legislative Assembly related to education no later than January 1, 2018.

(12) The department shall provide staff support to the task force.

(13) Members of the Legislative Assembly appointed to the task force and the chairperson of the task force are nonvoting members of the task force and may act in an advisory capacity only.

(14) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(15) All agencies of state government, as defined in ORS 174.111 (“State government” defined), are directed to assist the task force in the performance of the task force’s duties and, to the extent permitted by laws relating to confidentiality, to furnish information and advice the members of the task force consider necessary to perform their duties. [2017 c.722 §1]

Sec. 2. Repeal. Section 1 of this 2017 Act is repealed on June 30, 2019. [2017 c.722 §2]

Note: Sections 1, 2 and 4, chapter 501, Oregon Laws 2017, provide:

Sec. 1. Advisory group related to ethnic studies; rules. (1) As used in this section:

(a) “Ethnic minorities” means individuals who are Native American or Americans of African, Asian, Pacific Island, Chicano, Latino or Middle Eastern descent.

(b) “Ethnic studies” means instruction of public school students in kindergarten through grade 12 in the histories, contributions and perspectives of ethnic minorities and social minorities.

(c) “Social minorities” means women, people with disabilities, immigrants, refugees and individuals who are lesbian, gay, bisexual or transgender.

(2) The Department of Education shall convene an advisory group consisting of 13 members as follows:

(a) The Oregon Advocacy Commissions Office shall appoint two representatives who are public school students in grades 7 through 12 or recent high school graduates;

(b) The Commission on Indian Services shall appoint one representative;

(c) The Commission on Asian and Pacific Islander Affairs shall appoint one representative;

(d) The Commission on Black Affairs shall appoint one representative;

(e) The Commission on Hispanic Affairs shall appoint one representative;

(f) The Oregon Disabilities Commission shall appoint one representative;

(g) The Commission for Women shall appoint:

(A) One representative of the commission; and

(B) One representative of the lesbian, gay, bisexual and transgender community;

(h) The Superintendent of Public Instruction shall appoint:

(A) One representative of the department’s Education Equity Unit;

(B) One educator of public school students in kindergarten through grade 12 who serves on a committee of the Oregon Education Association dedicated to ethnic minorities or civil rights; and

(C) One Oregon college or university professor of ethnic studies; and

(i) The Governor shall appoint one expert or professor in the field of Middle Eastern studies or Jewish studies.

(3) The advisory group shall:

(a) Identify where current statewide social studies standards fail to recognize the histories, contributions and perspectives of ethnic minorities and social minorities; and

(b) Develop ethnic studies standards to propose for adoption into existing statewide social studies standards for public school students in kindergarten through grade 12 that:

(A) Increase cultural competency for public school students in kindergarten through grade 12; and

(B) Promote critical thinking regarding the interaction between systemic social structures and ethnic minority or social minority status.

(4) The advisory group shall submit a report to the department that, at a minimum, proposes ethnic studies standards for adoption into existing statewide social studies standards for public school students in kindergarten through grade 12.

(5) The department shall adopt ethnic studies standards into existing statewide social studies standards for public school students in kindergarten through grade 12. The department shall consider the report submitted by the advisory group under subsection (4) of this section when determining the standards to adopt.

(6) Subject to rules adopted by the State Board of Education, the department shall:

(a) Determine the number and frequency of meetings to be held by the advisory group prior to submission of the report required under subsection (4) of this section; and

(b) Direct each school district to implement the ethnic studies standards adopted by the department.

(7) Advisory group members may not be reimbursed for lodging expenses that arise by reason of attending a meeting of the advisory group.

(8) The State Board of Education shall adopt rules for the implementation of this section. [2017 c.501 §1]

Sec. 2. Advisory group timelines. (1) The Department of Education shall convene the advisory group described in section 1 (2) of this 2017 Act no later than June 15, 2018.

(2) The report required under section 1 (4) of this 2017 Act must be submitted to the department on or before September 15, 2019.

(3) The department shall adopt ethnic studies standards as required by section 1 (5) of this 2017 Act no later than September 15, 2020.

(4) The department shall fulfill the requirements of section 1 (6) of this 2017 Act on or before July 1, 2021. [2017 c.501 §2]

Sec. 4. Repeal. Sections 1 and 2 of this 2017 Act are repealed on January 2, 2022. [2017 c.501 §4]

1 Legislative Counsel Committee, CHAPTER 326—State Administration of Education, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors326.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.