72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2894
 
LC 3439/HB 2894-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2894
 
                    By COMMITTEE ON EDUCATION
 
                            April 29
 
  On page 1 of the printed bill, delete lines 5 through 30 and
insert:
  '  { +  SECTION 1. + } ORS 327.103 is amended to read:
  ' 327.103. (1) All school districts are presumed to maintain a
standard school  { + district + } until the school
 { + district + } has been found to be deficient by the
Superintendent of Public Instruction, pursuant to standards and
rules of the State Board of Education.
  ' (2) If any deficiencies are not corrected before the
beginning of the school year next following the date of the
finding of deficiency and if an extension has not been granted
under subsection (3) of this section, the Superintendent of
Public Instruction may withhold portions of State School Fund
moneys otherwise allocated to the  { + school + } district for
operating expenses until such deficiencies are corrected unless
the withholding would create an undue hardship, as determined
pursuant to rules of the State Board of Education.
  ' (3) { + (a) + } Within 90 days of the finding of deficiency,
a school district found not to be in compliance shall submit a
plan, acceptable to the Superintendent of Public Instruction, for
meeting standardization requirements. A team of Department of
Education staff shall   { - visit - }  { +  contact + } the
school district and offer technical assistance  { - , as needed,
in the preparation and implementation of the plan - } . When an
acceptable plan for meeting standardization requirements has been
submitted, the Superintendent of Public Instruction may allow an
extension of time, not to exceed 12 months, if the superintendent
determines that such deficiencies cannot be corrected or removed
before the beginning of the next school year.   { - However,
no - }
  '  { +  (b) Notwithstanding paragraph (a) of this subsection,
the superintendent may allow an extension of time that exceeds 12
months if the superintendent determines that the reason for the
deficiencies is primarily the lack of adequate funds based on
criteria adopted by the State Board of Education. Based on the
rules of the State Board of Education, the superintendent shall
provide oversight to a school district that is granted an
extension of time under this paragraph.
  ' (c) Notwithstanding paragraphs (a) and (b) of this
subsection, the superintendent may not grant an + } extension
 { - shall be granted - }  { +  of time + } if it is possible for
a district to correct the deficiency through merger.
  '  { +  (d) + } For the period of the extension of time under
this subsection, the school  { + district + } shall be considered
a conditionally standard school  { + district + }.
  '  { +  (e) The State Board of Education shall adopt by rule:
  ' (A) Criteria for determining when to grant an extension of
time under paragraph (b) of this subsection; and
 
 
  ' (B) The method of oversight to be provided by the
superintendent over a school district that is granted an
extension of time under paragraph (b) of this subsection. + }
  ' (4) Any  { + school + } district failing to submit a plan for
meeting standardization requirements within the time specified
shall receive no further State School Fund moneys until a plan
acceptable to the Superintendent of Public Instruction is
submitted irrespective of the district's being   { - given one
year - }  { +  granted an extension of time + } in which to
comply.'.
  On page 2, delete lines 1 through 4.
  After line 10, insert:
  '  { +  SECTION 3. + } ORS 327.103, as amended by section 1 of
this 2003 Act, is amended to read:
  ' 327.103. (1) All school districts are presumed to maintain a
standard school district until the school district has been found
to be deficient by the Superintendent of Public Instruction,
pursuant to standards and rules of the State Board of Education.
  ' (2) If any deficiencies are not corrected before the
beginning of the school year next following the date of the
finding of deficiency and if an extension has not been granted
under subsection (3) of this section, the Superintendent of
Public Instruction may withhold portions of State School Fund
moneys otherwise allocated to the school district for operating
expenses until such deficiencies are corrected unless the
withholding would create an undue hardship, as determined
pursuant to rules of the State Board of Education.
  ' (3)(a) Within 90 days of the finding of deficiency, a school
district found not to be in compliance shall submit a plan,
acceptable to the Superintendent of Public Instruction, for
meeting standardization requirements. A team of Department of
Education staff shall contact the school district and offer
technical assistance. When an acceptable plan for meeting
standardization requirements has been submitted, the
Superintendent of Public Instruction may allow an extension of
time, not to exceed 12 months, if the superintendent determines
that such deficiencies cannot be corrected or removed before the
beginning of the next school year.
  '  { - (b) Notwithstanding paragraph (a) of this subsection,
the superintendent may allow an extension of time that exceeds 12
months if the superintendent determines that the reason for the
deficiencies is primarily the lack of adequate funds based on
criteria adopted by the State Board of Education. Based on the
rules of the State Board of Education, the superintendent shall
provide oversight to a school district that is granted an
extension of time under this paragraph. - }
  '  { - (c) - }  { +  (b) + } Notwithstanding   { - paragraphs
(a) and (b) - }  { +  paragraph (a) + } of this subsection, the
superintendent may not grant an extension of time if it is
possible for a district to correct the deficiency through merger.
  '  { - (d) - }  { +  (c) + } For the period of the extension of
time under this subsection, the school district shall be
considered a conditionally standard school district.
  '  { - (e) The State Board of Education shall adopt by
rule: - }
  '  { - (A) Criteria for determining when to grant an extension
of time under paragraph (b) of this subsection; and - }
  '  { - (B) The method of oversight to be provided by the
superintendent over a school district that is granted an
extension of time under paragraph (b) of this subsection. - }
  ' (4) Any school district failing to submit a plan for meeting
standardization requirements within the time specified shall
receive no further State School Fund moneys until a plan
acceptable to the Superintendent of Public Instruction is
submitted irrespective of the district's being granted an
extension of time in which to comply.
  '  { +  SECTION 4. + }  { + The amendments to ORS 327.103 by
section 3 of this 2003 Act become operative on July 1, 2007. + }
  '  { +  SECTION 5. + }  { + The Superintendent of Public
Instruction may not grant an extension of time under ORS 327.103
(3)(b) that allows a school district to be deficient on or after
July 1, 2007. + } ' .
  In line 11, delete '3' and insert '6'.
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