(a) Has limited English language proficiency because English is not the native language of the student or the student comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency; and

(b) Meets any other criteria established by the State Board of Education by rule.

(2) Specific courses to teach speaking, reading and writing of the English language shall be provided at kindergarten and each grade level to students who are unable to benefit from classes taught in English. The courses shall be taught at school until the students are able to benefit from classes conducted in English.

(3) The Department of Education shall develop and implement a statewide plan to support students eligible for and enrolled in an English language learner program under this section.

(4) Each school district shall provide to the department any information required by the department for the purpose of preparing the report described in ORS 327.016.

(5)(a) Based on the report prepared as described in ORS 327.016, the department shall identify school districts that are:

(A) Not meeting objectives and the needs of students eligible for and enrolled in an English language learner program, taking into account the specific learning challenges and demographics of the students; or

(B) In need of targeted assistance.

(b) The department, in consultation with a school district identified under paragraph (a) of this subsection, shall establish the expected growth in student progress indicators, and the expected benchmarks for student progress indicators, for English language learners of the school district. The interventions shall be provided for four years after the school district has been identified.

(c) The department, in consultation with a school district identified under paragraph (a)(A) of this subsection, shall design and implement an accountability system of progressive interventions for the school district. The interventions shall be provided for four years after the school district has been identified.

(d) The department shall provide technical assistance to school districts that have been identified under paragraph (a)(B) of this subsection. Technical assistance shall be provided for four years after the school district has been identified.

(e) If a school district has been identified under paragraph (a) of this subsection for four years and has not met the expected growth in student progress indicators, and the expected benchmarks for student progress indicators, established under paragraph (b) of this subsection, the department shall direct the school district on how to expend moneys received under ORS 327.013 (1)(c)(A)(ii) for up to three years. [1971 c.326 §3; 1993 c.45 §77; 2015 c.604 §8; 2016 c.21 §4]