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ORS 421.084

Applied in 8 court decisions — leading case 284 Or. App. 156 - State v. Berger (2017)

Most recently applied in 341 Or. App. 524 - Black v. Board of Parole (July 2025)

1989 c.363 §3; 1991 c.855 §4; 2007 c.15 §3; 2007 c.70 §202; 2007 c.71 §114a; 2015 c.366 §93; 2017 c.66 §24; 2019 c.213 §134

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The Administrator of Correctional Education shall administer an adult basic skills development program for all individuals in the custody of the Department of Corrections. The program shall:

(a) Test individuals for basic reading and mathematics skills or, for individuals with limited English language proficiency, English speaking skills. Testing for basic intelligence, learning disabilities, developmental disabilities and adaptive behavior skills shall be administered as needed except that the administrator may accept equivalent test results from other sources.

(b) Except as provided in subsection (2) of this section, be mandatory for all individuals testing below a 8.0 grade equivalency on a standardized reading test approved by the National Reporting System for Adult Education of the United States Department of Education and by the Adult Basic Skills Program of the Office of Community Colleges and Workforce Development.

(c) Provide progress testing and certification.

(d) Provide strong incentives for entering the program and for achieving the minimum reading level and, for those individuals with demonstrated ability, provide incentives for making progress toward earning a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test.

(e) Maintain records of an individual’s achievement in the program and make those records available to the State Board of Parole and Post-Prison Supervision.

(2) Testing for basic skills and participation in the adult basic skills development program are not required for adults in custody:

(a) Sentenced to or otherwise confined by the department for less than one year;

(b) Sentenced to life imprisonment without parole;

(c) Sentenced to death;

(d) With developmental disabilities; or

(e) Who are specifically exempted by the Department of Corrections for security or health reasons.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.