2017 ORS 329.485¹
Statewide assessment system
  • additional services or alternative educational options

(1) As used in this section:

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

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

(c) “Performance-based assessment” means testing of the ability of a student to use knowledge and skills to create a complex or multifaceted product or complete a complex task.

(2)(a) The Department of Education shall implement statewide a valid and reliable assessment system for all students that meets technical adequacy standards. The assessment system shall include criterion-referenced assessments including performance-based assessments, content-based assessments, and other valid methods to measure the academic content standards and to identify students who meet or exceed the standards.

(b) The department shall develop the statewide assessment system in mathematics, science, English, history, geography, economics and civics.

(3) In addition to the assessment system implemented under subsection (2) of this section, the department may make available to school districts and public charter schools an assessment system that uses criterion-referenced assessments, including performance-based assessments and content-based assessments to:

(a) Measure a student’s progress toward mastery of the knowledge and skills of the student’s current grade level or course content level;

(b) Determine the student’s level of mastery, which shall be determined regardless of the actual grade level of the student and may be determined by adapting the assessment during the assessment process as a result of the performance of the student;

(c) Track and provide reports on the progress of a student based on the information provided under paragraphs (a) and (b) of this subsection; and

(d) Provide predictions of anticipated student progress that are based on the information provided under this subsection and not on the current grade level of the student.

(4)(a) School districts and public charter schools shall implement the statewide assessment system in mathematics, science and English. In addition, school districts and public charter schools may implement the statewide assessment system in history, geography, economics and civics.

(b) School districts and public charter schools may choose to implement the assessment system described in subsection (3) of this section.

(5)(a) Each year the resident school district shall be accountable for determining the student’s progress toward achieving the academic content standards. Progress toward the academic content standards:

(A) Shall clearly show the student and parents whether the student is making progress toward meeting or exceeding the academic content standards at the student’s current grade level or course content level;

(B) Shall be based on the student’s progress toward mastery of a continuum of academic knowledge and skills; and

(C) May be based on the student’s progress in a continuum of knowledge and skills that are not academic and that may include student behaviors that are defined by the school district.

(b) School districts shall determine the method and format for showing student progress toward achieving the academic content standards. Communications on student progress shall include a reasonable number, as determined by the school district, of academic knowledge and skills in a content area to enable parents and students to understand a student’s progress toward meeting or exceeding the academic content standards. No more than three indicators of academic knowledge and skills per content area reporting category shall be required as provided by this section. A school district may use more than three indicators of academic knowledge and skills per content area reporting category if the school district implements a proficiency education system as provided by ORS 329.119 (Implementation of proficiency education).

(6) In addition to the requirements described in subsection (5) of this section, the school district shall adopt and implement a reporting system based on the school district board adopted course content of the school district’s curriculum. The reporting system:

(a) Shall clearly show the student and parents whether the student is achieving course requirements at the student’s current grade level or course content level;

(b) Shall be based on the student’s progress toward mastery of a continuum of academic knowledge and skills; and

(c) May be based on the student’s progress in a continuum of knowledge and skills that are not academic and that may include student behaviors that are defined by the school district.

(7) If a student has not met or has exceeded all of the academic content standards, the school district shall make additional services or alternative educational or public school options available to the student.

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

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

(b) Any state and federal funds the attending school district is entitled to receive payable as provided in ORS 339.133 (Determination of residency of student for school purposes) (2)(b). [Formerly 335.160; 1995 c.660 §29; 2001 c.269 §1; 2003 c.303 §10; 2005 c.220 §1; 2007 c.858 §22; 2009 c.101 §1; 2011 c.139 §1; 2011 c.718 §11; 2014 c.42 §1; 2017 c.726 §22]

Chapter 329

Notes of Decisions

Oregon Educa­tional Act for 21st Century does not facially violate students’ rights under First Amend­ment to United States Constitu­tion. Tennison v. Paulus, 144 F3d 1285 (9th Cir. 1998)

1 Legislative Counsel Committee, CHAPTER 329—Oregon Educational Act for the 21st Century; Educational Improvement and Reform, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors329.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 329, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano329.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.