Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Definitions. As used in this rule:
(a)
"Assessment option" means an assessment approved to assess proficiency in the
Essential Skills for the purpose of earning a high school diploma or a modified
diploma.
(b) "Essential Skills"
means process skills that cross academic disciplines and are embedded in the
content standards. The skills are not content specific and can be applied in a
variety of courses, subjects, and settings.
(c) "Local performance assessment" means a
standardized measure (e.g., activity, exercise, problem, or work sample scored
using an official state scoring guide), embedded in the school districts' and
public charter schools' curriculum that evaluates the application of students'
knowledge and skills.
(d) "Official
state scoring guide" means an evaluation tool designed for scoring student work
that includes specific, consistent assessment criteria for student performance
and a 1-6 point scale to help rate student work. It is used by Oregon teachers
to evaluate student work samples.
(e) "Student-initiated test impropriety"
means student conduct that:
(A) Is
inconsistent with:
(i) The Test
Administration Manual; or
(ii)
Accompanying guidelines; or
(B) Results in a score that is
invalid.
(f) "Work
sample" means a representative sample of individual student work (e.g.,
research papers, statistical experiments, speaking presentations, theatrical
performances, work experience) that may cover one or more content areas and
therefore may be scored using one or more official state scoring guide(s). At
the high school level, a work sample can be used to fulfill both the local
performance assessment requirement described in Section 2 of this rule and the
Essential Skills requirement described in Section 3 of this rule.
(2) School districts and public
charter schools that offer grades 3 through 8 or high school shall administer
local performance assessments for students in grades 3 through 8 and at least
once in high school. For each skill area listed in section (17) of this rule,
the assessments shall consist of:
(a) One work
sample per grade scored using official state scoring guides; or
(b) Comparable measures adopted by the
district.
(3) School
districts and public charter schools shall require high school students to
demonstrate proficiency in the Essential Skills using assessment options that
are approved by the State Board of Education for the purpose of student
eligibility for:
(a) The high school diploma
as established in OAR 581-022-2000; or
(b) The modified diploma as established in
OAR 581-022-2010.
(4)
Pursuant to ORS 339.115 and
339.505, school districts and
public charter schools shall provide any eligible student with instruction in
and multiple assessment opportunities to demonstrate proficiency in the
Essential Skills for the purpose of achieving the high school diploma or the
modified diploma.
(5) To be
eligible to receive a high school diploma or a modified diploma:
(a) For students first enrolled in grade 9
during the 2008-2009 school year, school districts and public charter schools
shall require students to demonstrate proficiency in the Essential Skill listed
in section (16)(a) of this rule: Read and comprehend a variety of
text.
(b) For students first
enrolled in grade 9 during the 2009-2010 school year, school districts and
public charter schools shall require students to demonstrate proficiency in the
Essential Skills listed in sections (16)(a)-(b) of this rule:
(A) Read and comprehend a variety of text;
and
(B) Write clearly and
accurately.
(c) For
students first enrolled in grade 9 during the 2010-2011 school year, school
districts and public charter schools shall require students to demonstrate
proficiency in the Essential Skills listed in section (16)(a)-(c) of this rule:
(A) Read and comprehend a variety of
text;
(B) Write clearly and
accurately; and
(C) Apply
mathematics in a variety of settings.
(d) For students first enrolled in grade 9
during the 2011-2012 school year or first enrolled in grade 9 in any subsequent
school year, school districts and public charter schools shall require students
to demonstrate proficiency in the Essential Skills listed in Section 16(a)-(c)
of this rule and any additional Essential Skills for which:
(A) The State Board of Education has adopted
the determination to phase in for inclusion in the high school diploma and
modified diploma requirements; and
(B) The State Board of Education has adopted
assessment options by March 1 of the student's 8th grade year.
(e) School districts and public
charter schools may require students to demonstrate proficiency in additional
Essential Skills beyond the minimum requirements described in section
(5)(a)-(d) of this rule.
(6) The Superintendent of Public Instruction
shall establish an Assessment of Essential Skills Review Panel (AESRP) to make
recommendations on:
(a) The phasing in of
Essential Skills for inclusion in the high school diploma and the modified
diploma requirements;
(b) The
adoption of assessment options to measure students' proficiency in the approved
Essential Skills for the purpose of the high school diploma or the modified
diploma; and
(c) The achievement
standards used to determine student eligibility for the high school diploma or
the modified diploma.
(7) The AESRP shall work toward the goal of a
system with a high degree of technical adequacy and equivalent rigor between
assessment options as practicable.
(8) The AESRP shall base its recommendations
on evidence provided by:
(a) School
districts;
(b) Research
organizations; and
(c) Other
experts.
(9) The AESRP
shall consist of assessment experts from:
(a)
School districts, including but not limited to:
(A) Superintendents;
(B) Principals;
(C) Curriculum Directors;
(D) Educators;
(E) Special education educators;
and
(F) English Language Learners
(ELL) educators;
(b)
Post-secondary education institutions; and
(c) Business partners who have expertise in:
(A) Assessment design;
(B) Assessment administration; or
(C) Use of assessments.
(10) The State Board of Education
shall make the determination to adopt the AESRP's recommended assessment
options, and achievement standards for the purpose of conferring high school
diplomas and modified diplomas. The determination of the State Board of
Education will be final and not subject to appeal.
(11) The ODE shall issue the State Board of
Education's intentions regarding the AESRP's recommendations by December 15 of
each year and formal notice of the State Board of Education's final
determination regarding the AESRP's recommendations by March 1 of each year as
an addendum to the Test Administration Manual, which the ODE shall issue by
August 1 of each year.
(12) School
districts and public charter schools shall adhere to the requirements set forth
in the Test Administration Manual to:
(a)
Administer;
(b) Score;
(c) Manage; and
(d) Document the district and school
assessments of students' proficiency in the Essential Skills required to
receive a high school diploma or a modified diploma.
(13) School districts and public charter
schools shall establish conduct and discipline policies addressing
student-initiated test impropriety.
(14) School districts and public charter
schools shall allow students to use assessment options and achievement
standards adopted by the State Board of Education in a student's ninth through
twelfth grade years as follows:
(a) Students
may demonstrate proficiency in the Essential Skills using assessment options
adopted in their ninth through twelfth grade years.
(b) Students may use achievement standards
adopted in their 9th through 12th grade years that are equal to or lower than
the achievement standards approved as of March 1 of the students' 8th grade
year.
(15) Districts may
develop and administer a local assessment option for students to demonstrate
proficiency in the Essential Skills, using established professional and
technical standards in place of the assessment options adopted by the State
Board of Education as described in section 14 of this rule. Districts that
choose this option are required to publish:
(a) A communication strategy to ensure
stakeholders are notified of the district's approach to the local assessment
option; and
(b) Materials written
in plain language that contain descriptions of the
(A) Purpose of the assessment;
(B) Scoring methodology;
(C) Method by which students and parents will
receive results from the assessment;
(D) Criteria for determining student
proficiency using the assessment; and
(E) Criteria for determining which students
will have access to the assessment.
(16) The ODE shall publish the subset of
Essential Skills assessment options and the associated performance levels which
may be used by each of Oregon's post-secondary institutions as defined by those
institutions' policies provided to the ODE by October 15 of each
year.
(17) The Essential Skills
identified by the State Board of Education as of July 1, 2008 are as follows:
(a) Read and comprehend a variety of
text;
(b) Write clearly and
accurately;
(c) Apply mathematics
in a variety of settings;
(d)
Listen actively and speak clearly and coherently;
(e) Think critically and
analytically;
(f) Use technology to
learn, live, and work;
(g)
Demonstrate civic and community engagement;
(h) Demonstrate global literacy;
and
(i) Demonstrate personal
management and teamwork skills.
(18) School districts and public charter
schools shall include one or more local performance assessments for grades 3
through 8 and for high school for each of the following skill areas:
(a) Writing;
(b) Speaking;
(c) Mathematical problem-solving;
and
(d) Scientific
inquiry.
(19) School
districts and public charter schools may include one social science analysis
work sample that is administered in accordance with school district or public
charter school policies as a local performance assessment for grades 3 through
8 and for high school.
(20) For
students on an Individualized Education Plan (IEP) or 504 Plan, if a student's
IEP or 504 Team determines that the nature of a student's disability prevents
the student from demonstrating proficiency in an Essential Skill using any of
the approved assessment options listed in the Test Administration Manual, the
student's IEP Team may exempt the student from the requirement as listed in the
Test Administration Manual and determine an appropriate replacement assessment
option for the student to use that addresses the Essential Skill in a manner
that is consistent with:
(a) The student's
instructional plan; and
(b) The
state assessment criteria adopted by the State Board of Education.
(21) For students seeking a
modified diploma, school districts and public charter schools may modify the
assessment options adopted by the State Board of Education when the following
conditions are met:
(a) For students on IEP or
504 Plans:
(A) School districts and public
charter schools must comply with all requirements established by the student's
IEP or 504 Plan when implementing modifications for work samples;
(B) School districts and public charter
schools must comply with OAR 581-022-2100 section (4)(d) when implementing
modifications for a statewide assessment.
(b) For students not on IEP or 504 Plans:
(A) School districts and public charter
schools may only implement modifications for work samples that are consistent
with the modifications the student has received during instruction in the
content area to be assessed in the year in which the work sample is
administered.
(B) School districts
and public charter schools must obtain approval from the school team
responsible for monitoring the student's progress toward the modified diploma
before implementing modifications for work samples.
(C) Consistent with OAR 581-022-2100, school
districts and public charter schools may not implement modifications for
statewide assessments for students who are not on an IEP or 504 Plan.
(22) The Essential
Skills graduation requirements established by Sections 3, 4, and 5 of this rule
are waived for students graduating through the 2027-28 school year.
Statutory/Other Authority: ORS
329.451,
338.025,
339.115 &
339.505
Statutes/Other Implemented: ORS
329.045,
329.075,
329.451,
329.485 &
338.115
