71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 736
House Bill 2297
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Office of the Governor)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates Education Facilities Fund. Allows distribution of
moneys in fund for facility needs of public schools, community
colleges and state institutions of higher education.
Creates facility needs grant for school districts, community
college districts and community college service districts.
Creates capital improvement grant for school districts,
community college districts and community college service
districts, based on issuance of general obligation bonds.
A BILL FOR AN ACT
Relating to facilities for public education; and appropriating
money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 9 of this 2001 Act:
(1) 'ADM' has the meaning given that term in ORS 327.006.
(2) 'Community college' has the meaning given that term in ORS
341.005.
(3) 'Community college district' has the meaning given that
term in ORS 341.005.
(4) 'Facility needs' means the facility needs described in
section 3 of this 2001 Act.
(5) 'Fund' means the Education Facilities Fund created in
section 2 of this 2001 Act.
(6) 'Public charter school' has the meaning given that term in
ORS 338.005.
(7) 'School district' means a common or union high school
district.
(8) 'State institution of higher education' means an
institution listed in ORS 352.002.
(9) 'Target community college district' means the community
college district with a total assessed value of taxable property
for the prior distribution year that is equal to the median total
assessed value of taxable property for the prior distribution
year of all community college districts in this state. The
Department of Revenue shall determine which community college
district is the target community college district for a fiscal
year as soon as is practicable after the assessment date for the
fiscal year.
(10) 'Target school district' means the school district with a
total assessed value of taxable property for the prior
distribution year that is equal to the median total assessed
value of taxable property for the prior distribution year of all
school districts in this state. The Department of Revenue shall
determine which school district is the target school district for
a fiscal year as soon as is practicable after the assessment date
for the fiscal year.
(11) 'Total statewide ADM' means the total ADM of all school
districts. + }
SECTION 2. { + (1) There is established the Education
Facilities Fund, separate and distinct from the General Fund.
Interest earned by the Education Facilities Fund shall be
credited to the fund. Any moneys in the fund that are not
distributed in any fiscal year shall be retained in the fund and
may be distributed in the next fiscal year.
(2) The moneys in the fund are continuously appropriated to the
Department of Education, the Department of Community Colleges and
Workforce Development and the Department of Higher Education in
amounts as determined by Legislative Assembly. + }
SECTION 3. { + (1) Moneys from the Education Facilities Fund
may be distributed for capital improvements and other facility
needs in kindergarten through grade 12 public schools, community
colleges and state institutions of higher education. Facility
needs may include, but are not limited to:
(a) Capital repair of facilities and facility replacement,
which may include the acquisition of land, facility site
preparation costs or the acquisition, construction, improvement,
remodeling, maintenance or repair of facilities;
(b) Deferred maintenance of facilities;
(c) Ongoing infrastructure needs;
(d) Instructional equipment and technology;
(e) Furniture and furnishings;
(f) Energy management upgrades to facilities;
(g) Modernization of existing facility space;
(h) Health and safety needs related to facilities;
(i) Program-driven renovations and expansions of facilities;
(j) New buildings and expansion of existing buildings, which
may include permanent or portable buildings and equipment; and
(k) Costs of planning for bond issues and capital improvements.
(2) The distribution of the Education Facilities Fund among
kindergarten through grade 12 public schools, community colleges
and state institutions of higher education shall be based on the
proportion of students in each of the three sectors and the
relative age of the facilities in each of the three sectors.
(3) The State Board of Education shall determine the allocation
of moneys designated for kindergarten through grade 12 schools
and community colleges for facility needs pursuant to sections 1
to 9 of this 2001 Act.
(4) The State Board of Higher Education shall determine the
allocation of moneys designated for state institutions of higher
education for facility needs. + }
SECTION 4. { + (1) The Department of Education may award
grants to school districts from moneys appropriated to the
department from the Education Facilities Fund.
(2) No more than 33 percent of the moneys appropriated to the
department from the fund for school districts may be distributed
by the department as facility needs grants to school districts
under section 5 of this 2001 Act.
(3) The remainder of the moneys appropriated to the department
from the fund for school districts that is not distributed under
subsection (2) of this section may be distributed by the
department as capital improvement grants to school districts
under section 6 of this 2001 Act. + }
SECTION 5. { + (1) Each school district may apply to the
Department of Education for a facility needs grant. The
department shall review and approve applications based on
criteria established by rule by the State Board of Education.
(2) Each school district shall deposit the grant amounts it
receives under this section in a separate account, and shall
apply amounts in that account to pay for facility needs or shall
hold amounts in that account to pay costs of future facility
needs.
(3)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a
public charter school.
(b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for facility needs.
(4) The amount of each facility needs grant = the school
district's ADM for the prior distribution year X (the total
amount available for the grants in each distribution year : the
total statewide ADM in the prior distribution year).
(5) The State Board of Education may adopt any rules necessary
for the administration of the facility needs grant program. + }
SECTION 6. { + (1) A school district may apply to the
Department of Education for a capital improvement grant. The
department shall review and approve applications based on
criteria established by rule by the State Board of Education.
(2) A school district may receive a capital improvement grant
in any fiscal year in which the school district issues general
obligation bonds for capital improvements.
(3) The amount of a school district's grant = the ADM of the
school district for the prior distribution year X {(target
funding percentage X (the amount of the general obligation bonds
approved by the voters of the school district during the fiscal
year : assessed value of taxable property of the target school
district)) : ADM of the target school district for the prior
distribution year}.
(4)(a) The target funding percentage under this section shall
be equal to 10 percent.
(b) The department shall adjust the target funding percentage
upward if a school district's assessed value of taxable property
is lower than the target school district's assessed value of
taxable property.
(c) The department shall adjust the target funding percentage
downward if a school district's assessed value of taxable
property is higher than the target school district's assessed
value of taxable property.
(5) The department shall calculate the target funding
percentage to distribute as nearly as practicable the total sum
available in any fiscal year for distribution as capital
improvement grants. Any amounts not distributed in any fiscal
year as capital improvement grants shall remain in the Education
Facilities Fund and may be distributed as capital improvement
grants in another fiscal year.
(6) Each school district shall deposit the grant amounts it
receives under this section in a separate account, and shall
apply amounts in that account to pay for capital improvements or
shall hold amounts in that account to pay costs of future capital
improvements.
(7)(a) Notwithstanding ORS 338.155 (9), the department may not
award a grant under this section directly to a public charter
school.
(b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for capital improvements.
(8) The State Board of Education may adopt any rules necessary
for the administration of the capital improvement grant
program. + }
SECTION 7. { + (1) The Department of Community Colleges and
Workforce Development may award grants to community college
districts from moneys appropriated to the department from the
Education Facilities Fund.
(2) No more than 33 percent of the moneys appropriated to the
department from the fund for community colleges may be
distributed by the department as facility needs grants to
community college districts under section 8 of this 2001 Act.
(3) The remainder of the moneys appropriated to the department
from the fund for community colleges that is not distributed
under subsection (2) of this section may be distributed by the
department as capital improvement grants to community college
districts under section 9 of this 2001 Act. + }
SECTION 8. { + (1) Each community college district may apply
to the Department of Community Colleges and Workforce Development
for a facility needs grant. The department shall review and
approve applications based on criteria established by rule by the
State Board of Education.
(2) Each community college district shall deposit the grant
amounts it receives under this section in a separate account, and
shall apply amounts in that account to pay for facility needs or
shall hold amounts in that account to pay costs of future
facility needs.
(3) The amount of each facility needs grant shall be based on
the number of students who attend the community college within
the community college district.
(4) The State Board of Education may adopt any rules necessary
for the administration of the facility needs grant program. + }
SECTION 9. { + (1) A community college district may apply to
the Department of Community Colleges and Workforce Development
for a capital improvement grant. The department shall review and
approve applications based on criteria established by rule by the
State Board of Education.
(2) A community college district may receive a capital
improvement grant in any fiscal year in which the community
college district issues general obligation bonds for capital
improvements.
(3) The amount of a community college district's grant = the
student count of the community college district for the prior
distribution year X {(target funding percentage X (the amount of
the general obligation bonds approved by the voters of the
community college district during the fiscal year : assessed
value of taxable property of the target community college
district)) : the student count of the target community college
district for the prior distribution year}.
(4)(a) The target funding percentage under this section shall
be equal to 10 percent.
(b) The department shall adjust the target funding percentage
upward if a community college district's assessed value of
taxable property is lower than the target community college
district + } { + 's assessed value of taxable property.
(c) The department shall adjust the target funding percentage
downward if a community college district's assessed value of
taxable property is higher than the target community college
district's assessed value of taxable property.
(5) The department shall calculate the funding percentage to
distribute as nearly as practicable the total sum available in
any fiscal year for distribution as capital improvement grants.
Any amounts not distributed in any fiscal year as capital
improvement grants shall remain in the Education Facilities Fund
and may be distributed as capital improvement grants in another
fiscal year.
(6) Each community college district shall deposit the grant
amounts it receives under this section in a separate account, and
shall apply amounts in that account to pay for capital
improvements or shall hold amounts in that account to pay costs
of future capital improvements.
(7) The State Board of Education may adopt any rules necessary
for the administration of the capital improvement grant
program. + }
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