72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2894
Sponsored by Representative BARNHART; Representative BACKLUND
CHAPTER ................
AN ACT
Relating to school districts; creating new provisions; amending
ORS 327.103; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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, if
the superintendent determines that the reason for the
deficiencies is primarily the lack of adequate funds, the
superintendent may allow an extension of time that exceeds 12
months 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
Enrolled House Bill 2894 (HB 2894-B) Page 1
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.
SECTION 2. { + The amendments to ORS 327.103 by section 1 of
this 2003 Act apply to any school district that is found by the
Superintendent of Public Instruction to be deficient on or after
January 1, 2002. If a school district was granted a 12-month
extension between January 1, 2002, and the effective date of this
2003 Act, the superintendent may grant the school district an
additional extension based on the amendments to ORS 327.103 by
section 1 of this 2003 Act. + }
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, if
the superintendent determines that the reason for the
deficiencies is primarily the lack of adequate funds, the
superintendent may allow an extension of time that exceeds 12
months 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. - }
Enrolled House Bill 2894 (HB 2894-B) Page 2
{ - (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. + }
SECTION 6. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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Passed by House May 6, 2003
Repassed by House June 2, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 28, 2003
...........................................................
President of Senate
Enrolled House Bill 2894 (HB 2894-B) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2894 (HB 2894-B) Page 4