Text of OR SB 421 (2023)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session Senate Bill 421 Sponsored by Senator DEMBROW, Representatives VALDERRAMA, DEXTER, Senator JAMA, Representatives NERON, REYNOLDS; Senators CAMPOS, MANNING JR, SOLLMAN, Representatives GOMBERG, PHAM K (Presession filed.) 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. Establishes youth advisory council. Prescribes membership and duties of youth advisory council. Directs Department of Education to establish work group to establish standards for selection process of members of youth advisory council. Sunsets work group on August 30, 2024. Declares emergency, effective July 1, 2023. A BILL FOR AN ACT Relating to a youth advisory council; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. (1) The Department of Education shall establish a work group to develop standards that are used to select the members of the youth advisory council established by section 4 of this 2023 Act. (2) The work group shall consist of members selected by the Department of Education in consultation with the Youth Development Division, the Higher Education Coordinating Commission, the Oregon Health Authority and the Racial Justice Council. (3) To the extent practicable, the work group shall consist of: (a) Youth representing tribal youth councils; (b) Youth representing youth and student leadership organizations; (c) Youth participating in alternative education pathways; (d) Youth from immigrant and refugee communities; (e) Individuals representing culturally and ethnically specific community-based organiza- tions, including organizations that assist immigrant and refugee communities; (f) Individuals who are administrators, teachers and other school staff who support youth and student leadership in public schools, including education service districts, school dis- tricts, schools and youth reengagement programs; (g) Youth who serve as advisors to the State Board of Education or serve on Department of Education work groups related to student success initiatives; (h) Youth who serve on the Youth Development Council or who participate in Youth Development Division programs; (i) Youth who serve on Oregon Health Authority work groups; (j) Youth who serve on Higher Education Coordinating Commission work groups; (k) Youth who serve on Racial Justice Council work groups; and (L) Additional members identified and recommended by the work group, in consultation with the Department of Education. (4) Members of the work group selected as provided by subsection (3) of this section must NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted. New sections are in boldfaced type. LC 1697 SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 consist of individuals who: (a) Are from racial or ethnic communities that historically have been, or currently are, underrepresented or underserved, including communities for which a plan has been developed and implemented under ORS 329.841, 329.843 or 329.845; (b) Identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation; (c) Are English language learners; (d) Are identifiable as being a child with a disability, as defined in ORS 343.035; (e) Are navigating poverty; or (f) Have experienced disproportionate results in education due to historical practices, as identified by the State Board of Education by rule. (5) Youth members of the work group selected as provided by subsection (3) of this sec- tion must be between the ages of 11 and 21 years during their term of service on the work group. (6) The work group shall: (a) Develop a process for individuals to apply to become a member of the youth advisory council, based on considerations of equity. (b) Develop and implement a youth outreach and recruitment plan for connecting with prospective members of the youth advisory council. (c) Review applications of prospective members of the youth advisory council and re- commend to the Governor prospective members of the youth advisory council. (d) Develop the orientation for members of the youth advisory council. (e) Work to reduce bias and remove barriers related to becoming a member of the youth advisory council and to support members of the youth advisory council. (f) Identify mentors for youth members of the youth advisory council. SECTION 2. The work group established by section 1 of this 2023 Act must first meet no later than October 31, 2023. SECTION 3. Section 1 of this 2023 Act is repealed on August 30, 2024. SECTION 4. (1) A youth advisory council is established for the purposes of this section. (2)(a) The Governor, in consultation with the Department of Education and the work group established by section 1 of this 2023 Act, shall appoint members of the youth advisory council as provided by this subsection. The term of office of each member is two years, but a member serves at the pleasure of the Governor. (b) The majority of the members of the youth advisory council must be youth between the ages of 11 and 21 years of age during their term of service on the youth advisory council. The youth members of the youth advisory council must include at least two youth from each education service district identified in ORS 334.013. (c) When selecting the members of the youth advisory council, the Governor shall: (A) Consult with the Department of Education, the Youth Development Division, the Higher Education Coordinating Commission, the Oregon Health Authority and the Racial Justice Council to appoint members of the youth advisory council who are one or more of the following: (i) Youth and staff representing tribal youth councils; (ii) Youth and staff representing youth and student leadership organizations; (iii) Youth and staff representing alternative education pathways; [2] SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (iv) Youth from immigrant and refugee communities; (v) Individuals representing culturally and ethnically specific community-based organiza- tions, including organizations that assist immigrant and refugee communities; (vi) Individuals who are administrators, teachers and other school staff who support youth and student leadership in public schools, including education service districts, school districts, schools and youth reengagement programs; (vii) Youth who serve as advisors to the State Board of Education or serve on Depart- ment of Education work groups related to student success initiatives; (viii) Youth who serve on the Youth Development Council or who participate in Youth Development Division programs; (ix) Youth who serve on Oregon Health Authority work groups; (x) Youth who serve on Higher Education Coordinating Commission work groups; (xi) Youth who serve on Racial Justice Council work groups; and (xii) Additional members identified and recommended by the youth advisory council, in consultation with the Department of Education. (B) Consult with the Youth Development Division to appoint members of the youth ad- visory council who are youth who have been reengaged and to appoint program staff who support the statewide youth reengagement system developed and administered by the divi- sion under ORS 417.859 or who otherwise provide education opportunities to youth or support the educational success of youth. (d) In addition to the members of the youth advisory council described in paragraphs (b) and (c) of this subsection, the youth advisory council may include the following members appointed by the Governor in consultation with the Department of Education and the work group established by section 1 of this 2023 Act: (A) Additional youth members who represent more populous regions in this state than the regions identified in paragraph (b) of this subsection; and (B) Any other members identified and recommended by the youth advisory council. (e) The Governor, in consultation with the Department of Education, may provide for alternate members for the youth members of the youth advisory council described in para- graph (b) of this subsection. (f)(A) When making appointments under this subsection, the Governor must ensure that: (i) At least 70 percent of the members of the youth advisory council are from racial or ethnic communities that historically have been, or currently are, underrepresented or underserved; (ii) At least 50 percent of the youth members of the youth advisory council from each of the regions identified in paragraph (b) of this subsection are from racial or ethnic com- munities that historically have been, or currently are, underrepresented or underserved; and (iii) The youth members of the youth advisory council must include youth who: (I) Identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation; (II) Are English language learners; (III) Are identified as being a child with a disability, as defined in ORS 343.035; (IV) Are navigating poverty; or (V) Have experienced disproportionate results in education due to historical practices, as identified by the State Board of Education by rule. [3] SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (B) For the purpose of this paragraph, racial or ethnic communities that historically have been, or currently are, underrepresented or underserved include communities for which a plan has been developed and implemented under ORS 329.841, 329.843 and 329.845. (g) A member of the youth advisory council is eligible for reappointment for up to two terms. If there is a vacancy for any cause, the Governor, in consultation with other members of the youth advisory council, shall make an appointment to become immediately effective for the unexpired term. (h) Upon the expiration of a term of office, a person who had been a member of the youth advisory council may choose to become a mentor for any of the members of the youth advi- sory council. (3)(a) The Department of Education shall ensure that each youth member of the youth advisory council has: (A) Sufficient support to enable participation in youth advisory council meetings, which may include accommodations, stipends, travel expenses, appropriate technological access and academic credit; and (B) Resources available to reimburse any adult who provides transportation or other supports in helping the youth member to participate in the youth advisory council. (b) Each school, school district or program enrolled in by a youth member of the youth advisory council shall ensure that the youth member has: (A) Access to counseling support, including mental health support; and (B) Access to tutoring. (c) The adult members of the youth advisory council shall ensure that each youth mem- ber of the youth advisory council has: (A) Access to an adult mentor; and (B) An opportunity to provide peer support or be a youth mentor. (4) The youth advisory council, with support from the Department of Education, shall take into consideration racial equity and justice and align with other statewide efforts for racial equity and justice when performing the following duties: (a) Developing the youth advisory council’s goals, success criteria and progress measures related to youth and student leadership and engagement in the policymaking process in this state. When performing the duties described in this paragraph, the youth advisory council may modify the youth advisory council’s decision-making process, scope of work, work plans and meeting structures, and the roles and responsibilities of youth advisory council mem- bers. (b) Examining current Department of Education, Youth Development Division and Oregon Health Authority initiatives and practices related to youth and student leadership and engagement in the policymaking process and making recommendations on how to elevate and support youth and student leadership and youth-led and student-led accountability in the policymaking process at the state and local level. When performing the duties described in this paragraph, the youth advisory council must give careful consideration to youth and student leadership and to engagement by youth described in subsection (2)(f)(A)(ii) and (iii) of this section. The youth advisory council may recommend methods for evaluating current initiatives, practices and progress relating to youth and student leadership and engagement at the state level. (c) Connecting with youth and student leaders and exploring youth and student leader- [4] SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ship networks, including culturally and ethnically specific, community-based models and Youth Development Division programs, to identify best practices in youth-led and student-led accountability in this state and on a national level. Based on the performance of the duties described in this paragraph, the youth advisory council shall make recommendations to the Department of Education, the Youth Development Division, the Legislative Assembly and the Governor’s office on how to support youth and student leadership networks on a regional level for the purposes of connecting youths with youth organizations, connecting students with student organizations, elevating youth and student leadership and voice and supporting youth-led and student-led accountability, with special consideration given to youth described in subsection (2)(f)(A)(ii) and (iii) of this section. (d) Helping the Department of Education, the Youth Development Division and the Oregon Health Authority with the surveys that are administered to youth and students by assisting with reviews of the findings and making recommendations on the content and ad- ministration of the surveys. (e) Evaluating current processes in this state to identify best practices for youth and students reporting a racist incident or a hate or bias crime. Based on the performance of the duty described in this paragraph, the youth advisory council shall make recommendations for providing support to youth and students who have experienced racist incidents or hate or bias crimes. (f) Reporting on the youth advisory council’s work, progress and recommendations to the Legislative Assembly and the Governor’s office every two years and providing interim up- dates to youth and student leadership networks and organizations, education service dis- tricts, school districts and local entities that serve youth and students. (5) The youth advisory council shall meet at least six times each year in the manner and on the dates determined by a majority of the members of the youth advisory council. The youth advisory council shall also meet at other times specified or requested by a majority of the members of the youth advisory council. (6) The Department of Education shall: (a) Provide staff support to the youth advisory council; and (b) Support youth advisory council members in participating in the youth advisory council. SECTION 5. The Governor, in consultation with the work group established by section 1 of this 2023 Act, shall appoint the members of the youth advisory council described in section 4 of this 2023 Act no later than February 15, 2024. SECTION 6. Section 4 of this 2023 Act is amended to read: Sec. 4. (1) A youth advisory council is established for the purposes of this section. (2)(a) The Governor, in consultation with the Department of Education and [the work group es- tablished by section 1 of this 2023 Act] current members of the youth advisory council, shall ap- point members of the youth advisory council as provided by this subsection. The term of office of each member is two years, but a member serves at the pleasure of the Governor. (b) The majority of the members of the youth advisory council must be youth between the ages of 11 and 21 years of age during their term of service on the youth advisory council. The youth members of the youth advisory council must include at least two youth from each education service district identified in ORS 334.013. (c) When selecting the members of the youth advisory council, the Governor shall: [5] SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (A) Consult with the Department of Education, the Youth Development Division, the Higher Education Coordinating Commission, the Oregon Health Authority and the Racial Justice Council to appoint members of the youth advisory council who are one or more of the following: (i) Youth and staff representing tribal youth councils; (ii) Youth and staff representing youth and student leadership organizations; (iii) Youth and staff representing alternative education pathways; (iv) Youth from immigrant and refugee communities; (v) Individuals representing culturally and ethnically specific community-based organizations, including organizations that assist immigrant and refugee communities; (vi) Individuals who are administrators, teachers and other school staff who support youth and student leadership in public schools, including education service districts, school districts, schools and youth reengagement programs; (vii) Youth who serve as advisors to the State Board of Education or serve on Department of Education work groups related to student success initiatives; (viii) Youth who serve on the Youth Development Council or who participate in Youth Devel- opment Division programs; (ix) Youth who serve on Oregon Health Authority work groups; (x) Youth who serve on Higher Education Coordinating Commission work groups; (xi) Youth who serve on Racial Justice Council work groups; and (xii) Additional members identified and recommended by the youth advisory council, in consul- tation with the Department of Education. (B) Consult with the Youth Development Division to appoint members of the youth advisory council who are youth who have been reengaged and to appoint program staff who support the statewide youth reengagement system developed and administered by the division under ORS 417.859 or who otherwise provide education opportunities to youth or support the educational success of youth. (d) In addition to the members of the youth advisory council described in paragraphs (b) and (c) of this subsection, the youth advisory council may include the following members appointed by the Governor in consultation with the Department of Education and [the work group established by sec- tion 1 of this 2023 Act] current members of the youth advisory council: (A) Additional youth members who represent more populous regions in this state than the re- gions identified in paragraph (b) of this subsection; and (B) Any other members identified and recommended by the youth advisory council. (e) The Governor, in consultation with the Department of Education, may provide for alternate members for the youth members of the youth advisory council described in paragraph (b) of this subsection. (f)(A) When making appointments under this subsection, the Governor must ensure that: (i) At least 70 percent of the members of the youth advisory council are from racial or ethnic communities that historically have been, or currently are, underrepresented or underserved; (ii) At least 50 percent of the youth members of the youth advisory council from each of the regions identified in paragraph (b) of this subsection are from racial or ethnic communities that historically have been, or currently are, underrepresented or underserved; and (iii) The youth members of the youth advisory council must include youth who: (I) Identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation; [6] SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (II) Are English language learners; (III) Are identified as being a child with a disability, as defined in ORS 343.035; (IV) Are navigating poverty; or (V) Have experienced disproportionate results in education due to historical practices, as iden- tified by the State Board of Education by rule. (B) For the purpose of this paragraph, racial or ethnic communities that historically have been, or currently are, underrepresented or underserved include communities for which a plan has been developed and implemented under ORS 329.841, 329.843 and 329.845. (g) A member of the youth advisory council is eligible for reappointment for up to two terms. If there is a vacancy for any cause, the Governor, in consultation with other members of the youth advisory council, shall make an appointment to become immediately effective for the unexpired term. (h) Upon the expiration of a term of office, a person who had been a member of the youth ad- visory council may choose to become a mentor for any of the members of the youth advisory council. (3)(a) The Department of Education shall ensure that each youth member of the youth advisory council has: (A) Sufficient support to enable participation in youth advisory council meetings, which may include accommodations, stipends, travel expenses, appropriate technological access and academic credit; and (B) Resources available to reimburse any adult who provides transportation or other supports in helping the youth member to participate in the youth advisory council. (b) Each school, school district or program enrolled in by a youth member of the youth advisory council shall ensure that the youth member has: (A) Access to counseling support, including mental health support; and (B) Access to tutoring. (c) The adult members of the youth advisory council shall ensure that each youth member of the youth advisory council has: (A) Access to an adult mentor; and (B) An opportunity to provide peer support or be a youth mentor. (4) The youth advisory council, with support from the Department of Education, shall take into consideration racial equity and justice and align with other statewide efforts for racial equity and justice when performing the following duties: (a) Developing the youth advisory council’s goals, success criteria and progress measures related to youth and student leadership and engagement in the policymaking process in this state. When performing the duties described in this paragraph, the youth advisory council may modify the youth advisory council’s decision-making process, scope of work, work plans and meeting structures, and the roles and responsibilities of youth advisory council members. (b) Examining current Department of Education, Youth Development Division and Oregon Health Authority initiatives and practices related to youth and student leadership and engagement in the policymaking process and making recommendations on how to elevate and support youth and student leadership and youth-led and student-led accountability in the policymaking process at the state and local level. When performing the duties described in this paragraph, the youth advisory council must give careful consideration to youth and student leadership and to engagement by youth described in subsection (2)(f)(A)(ii) and (iii) of this section. The youth advisory council may recom- mend methods for evaluating current initiatives, practices and progress relating to youth and stu- dent leadership and engagement at the state level. [7] SB 421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (c) Connecting with youth and student leaders and exploring youth and student leadership net- works, including culturally and ethnically specific, community-based models and Youth Development Division programs, to identify best practices in youth-led and student-led accountability in this state and on a national level. Based on the performance of the duties described in this paragraph, the youth advisory council shall make recommendations to the Department of Education, the Youth Development Division, the Legislative Assembly and the Governor’s office on how to support youth and student leadership networks on a regional level for the purposes of connecting youths with youth organizations, connecting students with student organizations, elevating youth and student leadership and voice and supporting youth-led and student-led accountability, with special consider- ation given to youth described in subsection (2)(f)(A)(ii) and (iii) of this section. (d) Helping the Department of Education, the Youth Development Division and the Oregon Health Authority with the surveys that are administered to youth and students by assisting with reviews of the findings and making recommendations on the content and administration of the sur- veys. (e) Evaluating current processes in this state to identify best practices for youth and students reporting a racist incident or a hate or bias crime. Based on the performance of the duty described in this paragraph, the youth advisory council shall make recommendations for providing support to youth and students who have experienced racist incidents or hate or bias crimes. (f) Reporting on the youth advisory council’s work, progress and recommendations to the Leg- islative Assembly and the Governor’s office every two years and providing interim updates to youth and student leadership networks and organizations, education service districts, school districts and local entities that serve youth and students. (5) The youth advisory council shall meet at least six times each year in the manner and on the dates determined by a majority of the members of the youth advisory council. The youth advisory council shall also meet at other times specified or requested by a majority of the members of the youth advisory council. (6) The Department of Education shall: (a) Provide staff support to the youth advisory council; and (b) Support youth advisory council members in participating in the youth advisory council. SECTION 7. The amendments to section 4 of this 2023 Act by section 6 of this 2023 Act become operative on August 30, 2024. SECTION 8. In addition to and not in lieu of any other appropriation, there is appropri- ated to the Department of Education, for the biennium beginning July 1, 2023, out of the General Fund, the amount of $ , which shall be expended for the purposes of section 4 of this 2023 Act. SECTION 9. This 2023 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2023 Act takes effect July 1, 2023. [8]