(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, language arts, 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 students progress toward mastery of the knowledge and skills of the students current grade level or course content level; (b) Determine the students 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 language arts. 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) School districts and public charter schools shall administer interim assessments in mathematics and language arts to measure student academic growth during the school year. (b) To comply with the provisions of this subsection, school districts and public charter schools must: (A) Select interim assessments that measure student performance growth from the list of interim assessments adopted by the State Board of Education; (B) At least three times each school year, administer interim assessments selected under subparagraph (A) of this paragraph in mathematics and language arts; and (C) For interim assessments in mathematics and language arts administered as provided by subparagraph (B) of this paragraph to students in any grade from kindergarten through grade eight, review the data collected from the interim assessments: (i) At least three times each school year, for the administrators of each of the schools of the school district and for the administrators of each public charter school; and (ii) At least three times each school year during a public meeting, for the superintendent of the school district, the school district board and, if applicable, the governing body of the public charter school. (c) For the purpose of this subsection, the State Board of Education shall adopt a list of no more than four approved interim assessments. (6)(a) Each year the resident school district shall be accountable for determining the students 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 students current grade level or course content level; (B) Shall be based on the students progress toward mastery of a continuum of academic knowledge and skills; and (C) May be based on the students 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 students 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. (7) In addition to the requirements described in subsection (6) 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 districts curriculum. The reporting system: (a) Shall clearly show the student and parents whether the student is achieving course requirements at the students current grade level or course content level; (b) Shall be based on the students progress toward mastery of a continuum of academic knowledge and skills; and (c) May be based on the students 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. (8) 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. (9) 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 districts 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 (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; 2021 c.178 7; 2025 c.406 24] Note: The amendments to 329.485 by section 24, chapter 406, Oregon Laws 2025, become operative July 1, 2026. See section 25, chapter 406, Oregon Laws 2025. The text that is operative until July 1, 2026, is set forth for the users convenience. 329.485. (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, language arts, 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 students progress toward mastery of the knowledge and skills of the students current grade level or course content level; (b) Determine the students 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 language arts. 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 students 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 students current grade level or course content level; (B) Shall be based on the students progress toward mastery of a continuum of academic knowledge and skills; and (C) May be based on the students 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 students 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. (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 districts curriculum. The reporting system: (a) Shall clearly show the student and parents whether the student is achieving course requirements at the students current grade level or course content level; (b) Shall be based on the students progress toward mastery of a continuum of academic knowledge and skills; and (c) May be based on the students 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 districts 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 (2)(b).
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