Governor Kotek issues executive order prohibiting school districts from reducing school days to cut costs

By Alex Baumhardt, Oregon Capital Chronicle
SALEM, Ore. -- Oregon school districts will no longer be able to shorten the school year to cut costs, avoid layoffs and plug budget holes under a new executive order from the state’s governor.
Gov. Tina Kotek presented the order to the State Board of Education at its monthly meeting Thursday and asked the board to approve temporary rules requiring schools that have already cut school days this year for budgeting to add them back by the 2027-28 school year.
She then asked the board to change state rules regarding instructional time, no longer allowing districts to cut instructional hours or to count teacher professional development or parent-teacher conferences as instructional hours.
“Too many Oregon students are not getting the time in the classroom they need to succeed,” Kotek said in a news release. “We cannot expect better outcomes if we continue to give our students less time to learn.”
Oregon has one of the shortest school years in the country, according to a recent ECONorthwest analysis commissioned by the advocacy group Stand for Children. And Oregon students have some of the highest rates of chronic absenteeism in the nation, according to a recent analysis from the University of Oregon.
Portland, West Linn-Wilsonville, Reynolds, St. Helens, Lake Oswego and Beaverton schools have all cut school days during the most recent school year for budget reasons, according to OPB reporting. Portland’s cuts were made to help cover a $14 million budget shortfall.
Kotek, in an FAQ accompanying the release of the order, suggested she is open to tapping the Education Stability Fund to help districts with one-time budget issues, so they can comply with the order. The governor has the power to declare an economic emergency and tap the fund, as does the state Legislature, if two-thirds of each chamber agree to it.
“I know you’re working in a complex economic environment, and I know resources are constrained, and I know that the path forward won’t necessarily be simple or easy. But I also know, as you all do, that our kids are worth it, the future of Oregon is worth it, and sometimes as leaders, we must do the hard thing, especially when it’s the right thing to do,” Kotek said at a news conference Thursday morning. “Sometimes we’re going to have to work with what we have, and find a way forward.”
Under the order, even the districts that cut school days but still met or exceeded the minimum hours of instructional time — 900 hours for kindergarten through eighth grade; 990 hours for ninth through 11th grade; and 966 hours for high school seniors — would still need to make up those cut days by next year.
Kotek is also ordering the immediate end to the state education department’s use of instructional time waivers that allow some districts to fall below the mandated minimum instructional hours, unless there is a declared emergency.
Earlier story:
SALEM, Ore. (KTVZ) -- Oregon Governor Tina Kotek issued Executive Order 26-06 Thursday, a directive aimed at protecting and restoring student instructional time in Oregon schools.
"The order prioritizes academic outcomes and seeks to ensure every student has access to consistent, high-quality learning across the state," the governor said in a news release.
The executive order comes as some school districts, facing budget constraints, have considered or implemented reductions in student instructional time. Research indicates such moves can negatively impact student learning, particularly for students already facing disparities.
According to Stand For Children, a national nonprofit with an Oregon presence, students in Oregon receive significantly fewer instructional hours than those in most other states. The order is intended to expand opportunities for academic growth and support students' social, emotional and behavioral development.
Gov. Kotek stated her rationale for the executive order, emphasizing the need for more classroom engagement.
"Too many Oregon students are not getting the time in the classroom they need to succeed," Kotek said. "We cannot expect better outcomes if we continue to give our students less time to learn. This order makes clear: protecting and strengthening student instructional time is essential to improving student achievement and setting our kids up for long-term success."
Alison Tierney, a parent of a child in the Beaverton School District, echoed concerns about reduced learning time.
"Reducing instructional time moves us in the wrong direction at a moment when students need more consistency, not less," Tierney said. "Protecting and ultimately increasing classroom instructional time is critical to supporting families, reinforcing routines and improving academic performance across our schools."
Sarah Pope, Oregon executive director for Stand for Children, highlighted Oregon's historical approach to instructional hours.
"Oregon has historically set low standards for time in school, with wide flexibility," Pope said, "The result is children not getting enough learning time. Preventing additional cuts to the calendar is a critical first step in getting students the time they deserve."
Among its key actions, the order directs the Oregon Department of Education to request that the State Board of Education immediately prioritize policies that prevent any further reductions in student instructional time. These reductions are often driven by budget or operational pressures.
For school districts that have already reduced student instructional time for the 2025–26 or 2026–27 school years, the order mandates action. Those districts must submit plans within 90 days, outlining how they will restore that time to at least 2024–25 levels. This restoration must be completed by the start of the 2027–28 school year.
Effective immediately, the order prohibits ODE from granting or renewing waivers that allow districts to fall below minimum hours of instructional time. The only exceptions are in cases of declared emergencies.
The order also calls for changes to state rules, aiming to ensure that hours of instructional time accurately reflect actual student-teacher engagement.
That includes eliminating the practice of counting certain non-classroom activities, such as professional development and parent-teacher conferences, toward required instructional hours. To ensure progress on increasing student instructional time is tracked, ODE will publish the instructional time of Oregon's school districts once a year.
The executive order takes effect immediately and will remain in force for 180 days. Governor Kotek has directed ODE to engage with the State Board of Education in the necessary rulemaking process to ensure this student-centered reform is made permanent.
News release from the Coalition of Oregon School Administrators
COSA Response to Governor Kotek’s Executive Order on Instructional Time
Salem, Oregon- Our members share Governor Kotek’s concerns about the loss of instructional time for our students. Across Oregon, all 197 superintendents stand united in a simple but powerful belief: instructional time and quality matters. Every hour a student spends engaged in meaningful learning is an investment in their future and in the future of our state.
Oregon law establishes minimum instructional hour requirements, and districts carefully track and report this time annually to the Oregon Department of Education. It is important to note that while the statute defines required instructional hours, it does not mandate a specific number of school days. This allows districts flexibility in how they design their calendars to meet the needs of their communities. At the same time, it is widely recognized that Oregon has one of the shortest school years in the nation. Addressing this reality is complex—particularly in the current financial environment.
Increasing instructional time alone is important, but not sufficient for the level of systemic upgrades the statewide system needs. There is no question that the amount and quality of instructional time matters for student success, just as regular attendance by students and adults does. The real question is not whether we need more, it’s HOW we can design that into the statewide system, which must include how the money flows.
With approximately 85% of district budgets dedicated to staffing, leaders are often left with difficult choices when resources are constrained: reduce staff or reduce the school calendar. Neither option serves students well. Research consistently shows that the quality of classroom instruction—and the leadership that supports it—are the most significant in-school factors influencing student learning. Reductions in instructional time or professional learning ultimately undermine both.
With the system the State has designed, local Collective Bargaining Agreements (CBAs) are the primary driver of school district spending. By design of the statewide system, district decisions about instructional hours and days that meet the State’s requirements occur through labor contracts. That’s not to blame CBAs or our labor partners; it’s an opportunity to work together to say, “How might we all accomplish the goal of consistent school days for every Oregon learner by redesigning the system to meet that aim?” It’s not a silver bullet or quick policy fix in the middle of district budget cuts and contract negotiations that would require reopening contracts and further layoffs. It requires several improvements to the system of how some decisions are governed, how contracts with educators are bargained, and how the money flows to students, as the first thought, not the afterthought.
The Governor’s Executive Order introduces an additional challenge for districts already navigating declining enrollment, rising PERS obligations, increasing operational costs, and the financial pressures facing educators themselves. While we share the goal of protecting and expanding instructional time, we believe that a mandated approach at this moment is unlikely to produce the meaningful, sustainable change Oregon students deserve.
Superintendents and district leaders across the state stand ready to partner with the Governor and the Legislature to develop solutions that are thoughtful, equitable, and grounded in long-term sustainability. Expanding instructional time is a goal we embrace—but it will require significant shifts in collective bargaining structures and a stronger, more stable investment in public education. These are complex challenges, but they are conversations worth having—for the benefit of every student in Oregon.
