ORS 327.167: Progress toward meeting performance growth targets; interventions when performance growth targets not met; rules.

(1) Each year, each school district that receives moneys from the State School Fund shall review the school district’s progress toward meeting the performance growth targets developed as provided by ORS 327.165. (2) Results of the school district’s review of progress made toward meeting performance growth targets must be: (a) Made available at the main office of the school district and on the school district’s website. (b) Presented to the governing body of the school district at an open meeting, following: (A) Oral presentation of the results by an administrator of the school district to the governing body of the school district; and (B) Opportunity for the public to comment on the results at an open meeting. (c) Provided to the Department of Education. (3)(a) Based on information received under subsection (2) of this section, the department shall determine each year whether the school district met the performance growth targets developed for the school district as provided by ORS 327.165. (b) In addition to determinations made under paragraph (a) of this subsection, the department may establish a procedure for conducting performance audits on a random basis or based on just cause as allowed under rules adopted by the State Board of Education and consistent with ORS 327.174. (4) If a school district does not meet the performance growth targets developed as provided by ORS 327.165: (a) After two years of the district’s not meeting the performance growth targets, the department shall offer and the school district must accept coaching and support from the department. Through the coaching, the department shall advise and counsel a school district on how to meet performance growth targets and shall assist a school district with ongoing professional development and peer collaboration. (b) After three or more years of the district’s not meeting the performance growth targets, the department shall provide and the school district must participate in intensive coaching as described in ORS 327.169. A school district that participates in intensive coaching shall receive additional funding based on rules adopted by the State Board of Education. The school district must use the additional funding as prescribed by the department based on rule of the board. (c) After four or more years of the district’s not meeting the performance growth targets, the department shall require the school district to authorize the department to prescribe the uses of moneys available to the school district as provided by this paragraph. An authorization made under this paragraph is in addition to the requirement that the school district participate in intensive coaching as described in paragraph (b) of this subsection. A school district must authorize the department to prescribe the uses of up to 25 percent of the moneys available to the school district from: (A) The State School Fund as follows: (i) For a common school district or a union high school district, the amount received as a general purpose grant under ORS 327.013. (ii) For an education service district, the amount received under ORS 327.019. (iii) For a public charter school, the amount received under ORS 338.155. (iv) For an approved recovery school, the amount received under ORS 327.029. (v) For the Youth Corrections Education Program, the amount received under ORS 327.026. (vi) For the Juvenile Detention Education Program, the amount received under ORS 327.026. (vii) For the Oregon School for the Deaf, the amount received under ORS 343.243. (viii) For eligible day treatment programs and eligible residential treatment programs, the amount received under ORS 343.243. (B) Grants awarded from the Student Investment Account under ORS 327.195. (5) For the purpose of providing coaching under this section, the department may enter into a contract with any entities the department determines are qualified to provide the coaching. (6) For the purpose of prescribing the uses of the moneys identified in subsection (4)(c) of this section, the department shall: (a) Present the proposed uses of the moneys to the governing body of the school district at an open meeting of the governing body that occurs no later than January 31 of the school year preceding the school year during which the department will be prescribing the uses of the moneys; and (b) Enter into a partnership with an organization that specializes in budgets for public kindergarten through grade 12 schools to provide additional training and consultation services for a school district for which the uses of moneys will be prescribed. (7) The State Board of Education shall adopt by rule timelines and criteria for reconsideration of whether a school district shall remain subject to the provisions of subsection (4) of this section. The criteria: (a) Must take into consideration data from the statewide assessment system and interim assessments; and (b) May allow the department to determine that a school district is making satisfactory progress, as defined by rule, toward meeting performance growth targets and is no longer subject to the provisions of subsection (4) of this section. [2025 c.406 §5] Sec. 6. (1) The review of a school district’s progress toward meeting performance growth targets under section 5 (3) of this 2025 Act [327.167 (3)] shall first be made based on the 2026-2027 school year and a school district may first be required to accept coaching and support under section 5 (4)(a) of this 2025 Act for the 2028-2029 school year. (2) Notwithstanding subsection (1) of this section, a school district that had agreed to participate in the intensive program under ORS 327.222 [renumbered 327.169] prior to the effective date of this 2025 Act [June 24, 2025]: (a) May complete the terms of the school district’s agreement for participation; and (b) Is not subject to a review of the school district’s progress toward meeting performance growth targets under section 5 (3) of this 2025 Act until the school district completes the terms of the school district’s agreement for participation. [2025 c.406 §6]