Prohibits a school district from promoting a student in the third grade to the next grade level if the student does not demonstrate grade-level proficiency on a statewide assessment in language arts.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3440
Sponsored by Representative MCINTIRE
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. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Prohibits a student in third grade from going into the next grade if the student does not
meet language arts standards. (Flesch Readability Score: 72.7).
Prohibits a school district from promoting a student in the third grade to the next grade level
if the student does not demonstrate grade-level proficiency on a statewide assessment in language
arts. Provides exceptions.
A BILL FOR AN ACT
Relating to student proficiency in language arts.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) Except as provided by subsection (2) of this section, a school district may
not allow for the promotion of a student in the third grade to the next grade level if the
student does not demonstrate grade-level proficiency on a statewide assessment in language
arts.
(2) A student in the third grade who does not demonstrate grade-level proficiency on a
statewide assessment in language arts may be promoted to the next grade level if the stu-
dent:
(a) Demonstrates proficiency on an alternative assessment administered to students who
have an individualized education program or an education plan developed in accordance with
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, when the program or plan ad-
dresses a condition that impacts the student’s ability to demonstrate proficiency on a
statewide assessment in language arts;
(b) Has an individualized education program and the student’s individualized education
program team determines that retention in the third grade is not appropriate for the stu-
dent;
(c) Is an English language learner and has received less than three years of instruction
in the English language;
(d) Has been retained previously for any grade from kindergarten through grade three;
or
(e) Demonstrates grade-level proficiency on a statewide assessment in language arts ad-
ministered:
(A) Before the beginning of the school year for which the student is not allowed to be
promoted; or
(B) Before the middle of the school year for which the student is not allowed to be pro-
moted.
(3) A school district must administer a statewide assessment in language arts, at a
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 3921
HB 3440
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minimum:
(a) At the end of the school year for all students in the third grade; and
(b) For a student who does not demonstrate grade-level proficiency on a statewide as-
sessment in language arts at the end of the school year in which the student is in the third
grade:
(A) Before the beginning of the school year for which the student is not allowed to be
promoted; and
(B) Before the middle of the school year for which the student is not allowed to be pro-
moted.
SECTION 2.
Section 1 of this 2025 Act first applies to student promotion decisions for the
2026-2027 school year.
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