68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

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

LC 2908

                         House Bill 3000

Sponsored by Representative STARR; Representatives LEWIS, MEEK,
  MILNE, QUTUB, TIERNAN, Senators KINTIGH, SHANNON


                             SUMMARY

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

  Requires that school district board, if requested by parent of
student, direct superintendent to make available instructional
material for inspection. Prohibits classes from being held off
school property, except for field trips. Limits activities of
school district employees. Prescribes certain courses and
provides outline of courses.
  Provides procedure for asserting violation of Act. Provides
remedies for violations.

                        A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
  326.565, 336.057, 342.175 and 342.865; and repealing ORS
  336.465.
  Whereas it is the right and the responsibility of the parents
to provide for and ensure the health, education and general
well-being of their children; and
  Whereas this Act is intended to recognize that responsibility
and to affirm the right of the parents to decide what their
children learn and how they are taught in the public schools; and
  Whereas this Act defines the roles and obligations of parents,
guardians, school officials, administrators, staff and teachers
in order to provide for better cooperation between the school
district and the parents, to encourage mutual understanding and
confidence, to secure a better education for all children
enrolled in the public schools of this state, to otherwise assist
the parents in the discharge of their parental responsibility to
their children, and to assist the school system in the discharge
of its responsibility to the parents; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 6 of this Act:
  (1) 'Experimental,' 'special' or 'pilot' class or program means
any class or program designed to explore or develop new or
unproven teaching methods or techniques or a class or program of
limited application to a selected group of students.
  (2) 'Group therapy' and 'sensitivity training' mean group
processes where the student's intimate and personal feelings,
emotions, values, habits or beliefs are openly exposed to the
group or where emotions, feelings or attitudes are directed by
one or more members of the group toward another member of the

group, or where roles are assigned to pupils for the purpose of
classifying, controlling or predicting behavior.
  (3) 'Parent' means one or both parents, and includes a legal
guardian. + }
  SECTION 2.  { + (1)(a) Upon request by the parent of a student,
the school district board shall direct the superintendent or
designee to make available for inspection to the parent any
educational or other program of the district and all
instructional or other materials related to or used therein,
including teacher manuals, textbooks, films, tapes, supplementary
materials or computer programs.
  (b) Two weeks before any school district makes available to a
student a course, program or materials relating to education
regarding alcohol or controlled substances, human sexuality
education, education regarding sexually transmitted diseases
including HIV or AIDS education, suicide education or death
education, the district shall notify the parent of the student
that all instructional materials or other materials relating to
or used therein are available for public inspection and upon
written consent by a parent the district may make such materials
available to the student.
  (2) A student may not be placed in an experimental, special, or
pilot class or program without prior consultation between school
personnel and a parent of the student and with written consent of
the parent. All instructional or other materials related to or
used therein, including teacher manuals, textbooks, films, tapes,
supplementary materials or computer programs shall be available
for review by a parent upon request before the student is
enrolled in such program.
  (3) Classes shall be held on school property, except for field
trips that are necessarily and reasonably beneficial, that are
related to the educational program of the student, that are
afforded to all members of the class equally and that are
undertaken with the knowledge and written consent of a parent.
  (4) Employees or guests of a school district shall not subvert
the duty of teachers as set forth in ORS 336.067 to impress on
the minds of their students the principles of morality,
integrity, truth, justice, temperance, humanity and patriotism;
to teach them to avoid idleness, profanity and falsehood; to
instruct them in the principles of free government; and to train
them in the true comprehension of the rights, duty and dignity of
American citizenship.
  (5) Employees of a school district shall not direct, instruct
or encourage students to withhold instructional materials or
other information concerning classroom activities, tests,
discussions or programs from their parents.
  (6) Employees of a school district shall not use school
grounds, facilities, equipment or supplies to endorse, support or
oppose a candidate or issue for public elective office. Employees
of a school district shall not distribute or circulate materials
or solicit signatures for or against a candidate or ballot issue
in school facilities or on school grounds.
  (7)(a) Employees of a school district may not be required to
provide instruction or participate in a course or program
relating to education regarding alcoholic stimulants or
controlled substances, human sexuality education, education
regarding sexually transmitted diseases including HIV or AIDS
education, suicide education or death education unless the
employee has consented to provide such instruction or participate
in such a course or program.
  (b) Employees of a school district may not be required to
provide instruction or participate in a course or program
relating to an experimental, special or pilot class or program
unless the employee has consented to provide such instruction or
participate in such a course or program. + }

  SECTION 3.  { + (1)(a) A student may only be tested for
intelligence quotient or proficiency in basic skills and academic
subject matter. Any testing or inquiry pertaining to a student's
attitudes, habits or values, the student's parent's attitudes,
habits or values, or other personal information pertaining to the
student and the student's family, including personality
inventories, value appraisals, psychological inventories or
diagnostic tests may be given only after consultation between
school personnel and the parent of the student and with the
parent's written permission.
  (b) Any such tests shall be made available to a parent upon
request, and the results of any test or inquiry and any notes,
records or written or taped memoranda regarding the test or
inquiry shall be made available to the parents upon request.
  (2) Employees of a school district may not be required to
provide instruction or participate in a course or program
relating to any testing or inquiry pertaining to a student's
attitudes, habits or values; the student's parent's attitudes,
habits or values; or other personal information pertaining to the
student and the student's family, including personality
inventories, value appraisals, psychological inventories or
diagnostic tests unless the employee has consented to provide
such instruction or participate in such a course or program. + }
  SECTION 4.  { + (1) A parent has the right to expect his or her
children will receive a basic education including, but not
limited to, reading, writing, United States history, Oregon state
history, world history, geography, mathematics, science and
economics.
  (a) Reading and writing shall include a synthetic, explicit
phonetic approach with intensive, structured sequential training
in letter-sound associations and sending drills, with an emphasis
on correct spelling, punctuation, sentence structure and good
handwriting.
  (b) The teaching of history shall include at a minimum the
study of the Declaration of Independence, the United States
Constitution, the Federalist Papers and the Oregon State
Constitution.
  (c) Mathematics shall be based on an ongoing systematic and
sequential memorization and practice of the basic arithmetic
principles of addition, subtraction, multiplication and division
necessary as a foundation for fractions, algebra, geometry,
trigonometry and other higher mathematics.
  (d) Science shall include physics and chemistry and shall be
presented consistent with traditional scientific methods. Any
assertion claiming to be scientific must be capable of test by
observation and experimentation and is to be considered
scientific only after repeated testing has determined it accounts
satisfactorily for the phenomenon to which it is applied. Matters
of political, philosophical or scientific opinion shall not be
presented as fact.
  (e) The teaching of economics shall include as a priority item
a thorough and sympathetic explanation of the free enterprise
system and its indispensability to the success and prosperity we
have enjoyed as a nation.
  (f) The basic education courses as prescribed in this
subsection shall be deemed the courses of primary importance in
the education of the children of this state, and other required
courses shall be in addition to these courses as prescribed.
  (2) Material that is outside a prescribed curriculum subject
matter may not be offered under any guise.
  (3) Employees and guests of a school district may not use
psychotherapeutic techniques such as group therapy or sensitivity
training without prior consultation with a parent and obtaining
written permission of the parent.
  (4) A school may not use guidance counseling regarding a
student's social, emotional, mental or personal problems without
prior consultation with a parent and obtaining written permission
of the parent. Parental consent is not to be construed as
continuing beyond the specific subject of discussion during
consultation unless the parent gives written permission to expand
the scope of counseling.
  (5)(a) Employees of a school district may not be required to
provide instruction or participate in a course or program
relating to psychotherapeutic techniques such as group therapy or
sensitivity training unless the employee has consented to provide
such instruction or participate in such a course or program.
  (b) Employees of a school district may not be required to
provide guidance counseling or participate in a course or program
involving guidance counseling regarding a student's social,
emotional, mental or personal problems unless the employee has
consented to provide such counseling or participate in such a
course or program. + }
  SECTION 5.  { + A parent shall be apprised no less than three
times during each school year, in writing, by the teacher or
principal, of a student's progress in the basic skills. A parent
shall be apprised at least annually of the student's progress in
such basic skills as measured against standard grade level norms.
Such information as standing in the class and standing in
relation to national norms shall also be provided to a parent
upon request if available. + }
  SECTION 6.  { + (1) Parental allegations of a violation of
sections 1 to 6 of this Act shall first be presented in writing
to the school principal and to the school district superintendent
for corrective action.
  (2) Any parental allegations not resolved to the satisfaction
of the parent by the school principal or the school district
superintendent within 10 days shall be presented by the
superintendent to the school district board for consideration and
action at the next regularly scheduled board meeting or at a
special meeting of the directors called to consider the charges.
These meetings shall take place not more than 30 days after the
allegation is presented to the school principal and
superintendent.
  (3) Continued neglect or intentional failure on the part of any
public school officer or employee to observe and comply with
sections 1 to 6 of this Act is sufficient cause for dismissal or
removal of the person from his or her position under ORS 342.835
or 342.865.
  (4) After exhausting the remedies provided in subsections (1)
and (2) of this section, a parent has a cause of action in the
circuit court of the county in which the school district is
located, or any part thereof, against the parties involved,
including school administrators and members of the school
district board. The court may award all costs and expenses,
including reasonable attorney fees, incurred by the parent.
Available relief includes both equitable and legal remedies.
  (5) Recovery of an award of judgment shall be from the
offending party and shall not be the responsibility of the school
district. An administrator or member of a school board in his or
her personal capacity shall not be liable for any judgment if the
administrator or board member had no knowledge of a violation of
sections 1 to 6 of this Act or if the administrator or board
member had such knowledge and the administrator or board member
attempted in good faith to resolve the violation.
  (6) Any right set forth by sections 1 to 6 of this Act that
applies to a student may be asserted by the parent for and on
behalf of the student. + }
  SECTION 7. ORS 326.565 is amended to read:
  326.565.  { + (1) + } The State Board of Education shall adopt
by rule standards for the creation, use, custody and disclosure,
including access, of student education records that are
consistent with the requirements of applicable state and federal
law. The state board shall distribute the rules that are adopted
to all school districts. The school districts shall make those
rules available to the public schools in the district and to the
public. The state board may differentiate the standards
applicable to persons 18 years of age or older or enrolled in
post-secondary institutions and may allow district school boards
to decide whether to allow disclosure of the address and
telephone number or photograph of students with the prior consent
of the parent or legal guardian.  The standards shall include
requirements under which public and private schools and education
service districts transfer student education records pursuant to
ORS 326.575.
   { +  (2) The standards adopted under subsection (1) of this
section shall include that all records kept on a student must be
provided to the parent upon request for the parent's observation,
and copies thereof provided to the parent upon request at cost at
the expense of the parent. Records may not be maintained on a
student that are not relevant to academic achievement, except
that records regarding disciplinary action shall be separately
maintained. + }
  SECTION 8. ORS 336.057 is amended to read:
  336.057.   { - (1) In all public and private schools courses of
instruction in the Constitution of the United States and in the
history of the United States shall be given { +   + }. - }
    { - (2) The courses prescribed under subsection (1) of this
section shall begin not later than the opening of the eighth
grade and shall continue in grades 9 through 12. - }
    { - (3) Such courses shall also - }  { +  Courses of
instruction in the Constitution of the United States and in the
history of the United States shall + } be required in all state
institutions of higher education, except the Oregon Health
Sciences University, and in all state and local institutions
which provide education for patients or inmates to an extent to
be determined by the Superintendent of Public Instruction.
  SECTION 9. ORS 342.865 is amended to read:
  342.865. (1) No permanent teacher shall be dismissed except
for:
  (a) Inefficiency;
  (b) Immorality;
  (c) Insubordination;
  (d) Neglect of duty;
  (e) Physical or mental incapacity;
  (f) Conviction of a felony or of a crime involving moral
turpitude;
  (g) Inadequate performance;
  (h) Failure to comply with such reasonable requirements as the
board may prescribe to show normal improvement and evidence of
professional training and growth;   { - or - }
  (i) Any cause which constitutes grounds for the revocation of
such permanent teacher's teaching license { + ; or + }  { +
  (j) Continued neglect or intentional failure to comply with the
provisions of sections 1 to 6 of this 1995 Act + }.
  (2) In determining whether the professional performance of a
permanent teacher is adequate, consideration shall be given to
regular and special evaluation reports prepared in accordance
with the policy of the employing school district and to any
written standards of performance which shall have been adopted by
the board.
  (3) Suspension or dismissal on the grounds contained in
subsection (1)(e) of this section shall not disqualify the
teacher involved for any of the benefits provided in ORS 237.171
to 237.195, 239.233 to 239.239 or 332.507.
  SECTION 10. ORS 342.175 is amended to read:
  342.175. (1) The Teacher Standards and Practices Commission may
suspend or revoke the license of a teacher or administrator,
discipline a teacher or administrator or suspend or revoke the
right of any person to apply for a license if the person has held
a license at any time within five years prior to issuance of the
notice of charges under ORS 342.176 based on the following:
  (a) Conviction of a crime not listed in subsection (2) of this
section;
  (b) Gross neglect of duty;
  (c) Any gross unfitness;
  (d) Conviction of a crime for violating any law of this or any
state or of the United States involving the illegal use, sale or
possession of controlled substances;
  (e) Any false statement knowingly made in an application for
issuance, renewal or reinstatement of a license;   { - or - }
  (f) Failure to comply with any condition of reinstatement under
subsection (3) of this section or any condition of probation
under ORS 342.177 (3)(b) { + ; or + }
   { +  (g) Continued neglect or intentional failure to comply
with the provisions of sections 1 to 6 of this 1995 Act + }.
  (2) Notwithstanding ORS 670.280, the commission shall revoke
any license and shall revoke the right of any person to apply for
a license if the person has held a license at any time within
five years prior to issuance of the notice of charges under ORS
342.176 when the holder or person after August 20, 1957, has been
convicted of a violation of ORS 163.355, 163.365, 163.375,
163.385, 163.395, 163.405, 163.415, 163.425, 163.427, 163.435,
163.445, 163.455 (1981 Replacement Part), 163.465, 163.515,
163.525, 163.575, 167.007, 167.012, 167.017, 167.065, 167.070,
167.075 or 167.080 or after July 8, 1987, has been convicted of a
crime listed in ORS 163.408, 163.411, 163.670, 163.675 (1985
Replacement Part), 163.680, 167.062, 167.087 or 167.090.
  (3) Subject to subsection (4) of this section, any person whose
license has been suspended or revoked or whose privilege to apply
for a license has been revoked may apply to the commission for
reinstatement of the license after one year from the date of the
suspension or revocation. However, a person whose license has
been revoked under subsection (2) of this section shall not apply
for reinstatement until after expiration of the sentence or
parole or probationary period imposed upon conviction, whichever
is the shorter. The commission may require an applicant for
reinstatement to furnish evidence satisfactory to the commission
of good moral character, mental and physical health and such
other evidence as the commission may consider necessary to
establish the applicant's fitness. The commission may impose a
probationary period and such conditions as it considers necessary
upon approving an application for reinstatement.
  (4) The commission shall reconsider immediately a license
suspension or revocation or the situation of a person whose
privilege to apply for a license has been revoked, upon
application therefor, when the license suspension or revocation
or the privilege revocation is based on a criminal conviction
that is reversed on appeal.
  (5) Violation of rules adopted by the commission relating to
competent and ethical performance of professional duties shall be
admissible as evidence of gross neglect of duty or gross
unfitness.
  (6) A copy of the record of conviction, certified to by the
clerk of the court entering the conviction, shall be conclusive
evidence of a conviction described in this section.
  SECTION 11.  { + ORS 336.465 is repealed. + }
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