Oregon HB 3499 Implementation Public Comments
Public comments provide feedback on the implementation of HB 3499 in Oregon, focusing on the rules and improvements needed for English Language Learners (ELL) at the district and school levels. Suggestions include more details with flexibility, accountability for ELL improvement, addressing concerns about selecting new districts, and refining technical assistance frameworks for ELL transformation districts.
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English Language Leaners District and School Improvement Rules Implementing HB 3499 Public Comments
Public Comments - general CONCERN RESOLUTION/PROGRESS HB 3499 was a huge milestone for Oregon. It increased the urgency and focus, institutionalized reforms at the state, district and school level, and eradicated the systemic and academic barriers for ELL students. The rules attempt to reflect the goals and intent of HB 3499. Rules should contain more details More details but need flexibility, interventions should not be prescriptive and top down. The rules attempt to strike a balance between establishing minimum criteria and framework and allowing for local individualized district solutions. More details were added to rules based on comments. Additionally some details are in technical assistance guidance documents or coach contracts with districts The word parent should be changed to families The rules were amended to reflect this when possible
Public Comments - general CONCERN RESOLUTION/PROGRESS Although language in rules speaks to district in regard to student progress indicators, 0612 and 0615 were amended to clarify that the student progress indicators that a district must attain were for all ELL students in district. Should be language around holding entire district accountable for ELL improvement in all schools Rules do not reflect when ODE will select new cohort of districts. Concern that if new cohorts are added each year we will run out of districts This is not addressed as this will either be in four years or dependent on additional legislative appropriations. Currently intent is that legislative appropriations in next biennium will be directed at improvement in Transformation and Target Districts selected in 2016. Rules should allow ODE to exit districts prior to four years ODE does not have flexibility under HB 3499 to remove selected districts in less than 4 years and replace them with new districts. Concerns raised about improvement and instructional coaches Currently coaches are contracted with by Education Northwest through a contract with the Department. The Department is addressing areas of concern through this contract and with Education Northwest.
Public Comments 0612 (Transformation Districts) CONCERN RESOLUTION/PROGRESS What are transformation districts required to do? A provision was added specifying that they must engage with the Department to conduct an evaluation of programs of ELL students.
Public Comments 0613 (Tech Assist) CONCERN RESOLUTION/PROGRESS HB 3499 uses the word interventions throughout. Rules must align with this language. Although the word assistance was added in response to concern. The word intervention within technical assistance framework should be changed to assistance. Clarify that technical assistance is for four years. ELL transformation districts are selected for four years. This is specified in both statute and rule. Adding this to rule 0613 would limit the technical assistance so that the Department could not provide technical assistance for the those districts beyond four years that have not met district improvement goals. Include a reference to an equity lens within the technical assistance. The rules were amended to reflect this. Incorporate federal toolkit as basis for technical assistance The federal toolkit has been incorporated as part of the technical assistance documents used by the Department with districts.
Public Comments 0613 (Tech Assist) CONCERN RESOLUTION/PROGRESS Clarify that evidence-based practices must also be culturally responsive The rule was amended to reflect this. Add culturally responsive promising practices to rule The rule was amended to reflect this. Concern that the technical assistance align with state and federal law The rule was amended to reflect that the technical assistance should be generally consistent with state and federal law. Incorporate the standards from Casta eda v. Pickard Many of the standards were incorporated into the rule.
Public Comments 0613 (Tech Assist) CONCERN RESOLUTION/PROGRESS Participation by certain community stakeholders should be clearly articulated Culturally specific community based organizations and federal recognized tribes are specifically included as part of the list of stakeholders. Add consideration of student s specific learning challenges The rules were amended to reflect this. The needs assessment mentioned the rule should have more details Additional details were added to the rule relating to the needs analysis.
Public Comments 0615 (Target Districts) CONCERN RESOLUTION/PROGRESS Technical assistance framework that applies to Transformation Districts should also apply to Target Districts. HB 3499 distinguishes between the technical assistance provided to transformation and target districts. The Department is directed to provide transformation districts more individualized assistance that is in consultation with the district. The rule was amended to state that if resources are available for individualized technical assistance it will be done under the same framework as required for transformation districts. What are target districts required to do? A provision was added specifying that they must conduct an evaluation of programs of ELL students.
Public Comments 0621 (Expenditures) CONCERN RESOLUTION/PROGRESS Direction to district must be prior to when districts adopt budgets A March 1 deadline for the Department direction was added to the rule. The Department and Districts should communicate to community stakeholders about the expenditures direction A section was added based on the workgroup discussion about this communication. The workgroup focused on districts as the most effective communication and the rule reflects this. District should be required to expend 100 percent of their ELL dollars on programs and strategies that are evidence based This requirement is too restrictive. For example some expenditure is done so that districts are in compliance with state and federal laws which sometimes are not evidence based. Rules should explicitly state that department has authority to take control of 100% of the .5 weight Rule was amended to clarify that the Department direction for expenditure of ELL dollars is for all ELL dollars received through State School Fund.
Public Comments 0621 (Expenditures) CONCERN RESOLUTION/PROGRESS Can the community forum be in conjunction with a local board meeting? Yes. The rules allow a local district flexibility in how they conduct the community forum. Are districts required to only send the letter to the parents of ELL students? The rule was clarified to specify that the letter only must be sent to parents of ELL students. Can a district appeal a Department decision relating to expenditure of funds? Yes. The Department written communication directing expenditure would be considered an order and therefore appealable. There should be an exception or consideration for change in state or federal budgets for school districts generally This specifically was not added to rules as it is difficult to predict future budgets and there are many potential factors (budgets, natural disasters) that could influence the direction of funds.
Public Comments 0624 (Best Practices) CONCERN RESOLUTION/PROGRESS ELL Statewide plan should be included in the resource bank The rule was amended to reflect this. Promising and best practices should be included The rule was amended to reflect this. Specify that practices must be culturally responsive The rule was amended to reflect this.
