1. (1) The Department shall direct transformation and target school districts on how to expend all moneys received under ORS 327.013(1)(c)(A)(ii) (ELL weight) for up to three years, for identified districts that have not met the expected growth and expected benchmarks for student progress indicators, and demonstrated implementation of the instructional practices and program improvements recognized as effective in improving outcomes for ELL students that were identified for the school district. The overall progress of transformation and target school districts will be evaluated applying an equity lens to examine:

   1. (a) District progress in improving the student outcomes that resulted in their selection as a transformation or target district (as defined in OAR 581-020-0609)
   2. (b) District implementation of program design, program model, instructional delivery strategies, curriculum, assessment, staff qualifications, staff training on culturally responsive instructional pedagogy and practices, and the level of engagement with ELL families and community identified for improvement (as described in OAR 581-020-0613)
2. (2) If a school district meets or exceeds the expected growth and benchmarks for student progress indicators, and demonstrates implementation of the instructional practices and program improvements recognized as effective in improving outcomes for ELL students then the Department may no longer direct the expenditure to State School Fund moneys under this section for that school district.

3. (3) The Department shall utilize the following framework to direct the expenditure of moneys under this section. The expenditure direction must be:

   1. (a) Individualized for each district based on state and district data and the district improvement work from the previous four years;
   2. (b) Aligned with evidence-based practices;
   3. (c) Focused on supporting the district in meeting expected growth and benchmarks for student progress indicators  and instructional and/or program improvement indicators recognized as improving outcomes for ELL students identified for the school district;
   4. (d) Communicated to the district in writing and communicate to the district the specific direction of expenditures and the rationale for that direction;
   5. (e) Sent to the district before the fiscal year to which it applies; and
   6. (f) Be reviewed at least annually.
4. (4) The Department may utilize the district and community engagement process established as part of the technical assistance process to receive feedback on the expenditure direction.

5. (5) The school district shall communicate to stakeholders about the expenditure direction as follows:

   1. (a) In at least one community forum;
   2. (b) In a letter to parents of ELL students who are enrolled in the district; and
   3. (c) By posting information about the expenditure direction on the district’s website.
6. (6) The direction on expenditure of moneys for school districts identified as ELL transformation or target districts in 2016 will first apply to moneys received by those school districts from the ELL weight on or after July 1, 2020.

Statutory/Other Authority

Sec. 3, Chapter 604, Oregon Laws 2015 (Enrolled HB 3499)

Statutes/Other Implemented

Sec. 3, Chapter 604, Oregon Laws 2015 (Enrolled HB 3499) & ORS 339.079

History

ODE 2-2026, temporary amend filed 02/19/2026, effective 02/19/2026 through 08/17/2026
ODE 1-2021, temporary amend filed 01/28/2021, effective 01/28/2021 through 07/25/2021
ODE 22-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 51-2016, f. & cert. ef. 12-20-16