71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 61
LC 335/SB 61-4
SENATE AMENDMENTS TO
SENATE BILL 61
By COMMITTEE ON REVENUE
May 31
On page 1 of the printed bill, delete lines 5 through 30 and
delete pages 2 through 6 and insert:
' { + SECTION 1. + } ORS 327.013 is amended to read:
' 327.013. The State School Fund distributions shall be
computed as follows:
' (1) General Purpose Grant = Funding Percentage X Target Grant
X District extended ADMw.
' (2) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum available for distribution of money.
' (3) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor.
' (4) Statewide Target per ADMw Grant = $4,500.
' (5) Teacher Experience Factor = $25 X {District average
teacher experience - statewide average teacher experience}. '
Average teacher experience' means the average, in years, of
teaching experience of certified teachers as reported to the
Department of Education.
' (6) { + (a) + } District extended ADMw = { + the greater of:
' (A) + } ADMw { - or - } { + ;
' (B) + } ADMw of the prior year { - , whichever is
greater - } { + ; or
' (C) If a school district has a decrease in ADMw of five
percent or more over the prior four-year period, ADMw as
calculated under paragraph (b) of this subsection.
' (b) The Superintendent of Public Instruction shall calculate
for those school districts that have a decrease in ADMw of five
percent or more over the prior four-year period the average ADMw
per year for the prior four-year period.
' (c) The superintendent shall calculate the amount of the
General Purpose Grant per ADMw as if each school district had an
ADMw based on paragraph (a)(A) or (B) of this subsection,
whichever is greater.
' (d) The superintendent shall calculate the amount of the
General Purpose Grant per ADMw for each school district including
the calculation under paragraph (a)(C) of this subsection.
' (e) Notwithstanding any other provision of this section, a
school district described in paragraph (b) of this subsection may
not receive a General Purpose Grant as calculated under paragraph
(d) of this subsection that is equal to an increase per ADMw as
calculated under paragraph (c) of this subsection of more than
$400 + }.
' (7)(a) Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
' (A) 1.0 for each student in average daily membership eligible
for special education as a child with disabilities under ORS
343.035, applicable to not to exceed 11 percent of the district's
ADM without review and approval of the Department of Education.
Children with disabilities eligible for special education in
adult local correctional facilities as defined in ORS 169.005 or
adult regional correctional facilities as defined in ORS 169.620
shall not be included in the calculation of the 11 percent.
' (B) 0.5 for each student in average daily membership eligible
for and enrolled in an English as a Second Language program under
ORS 336.079.
' (C) 0.2 for each student in average daily membership enrolled
in a union high school district or in an area of a unified school
district where the district is only responsible for educating
students in grades 9 through 12 in that area.
' (D) -0.1 for each student in average daily membership
enrolled in an elementary district operating kindergarten through
grade 6 or kindergarten through grade 8 or in an area of a
unified school district where the district is only responsible
for educating students in kindergarten through grade 8.
' (E) 0.25 times the sum of the following:
' (i) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the federal Department of Education,
as adjusted by the school district's proportion of students in
the county receiving free or reduced price lunches under the
United States Department of Agriculture's current Income
Eligibility Guidelines if the number is higher than the number
determined from census data and only if the school district had
an average daily membership of 2,500 or less for the 1995-1996
school year, and as further adjusted by the number of students in
average daily membership in June of the year of distribution
divided by number of students in average daily membership in the
district, or its predecessors, in June 1990;
' (ii) The number of children in foster homes in the district
as determined by the report of the Department of Human Services
to the federal Department of Education, 'Annual Statistical
Report on Children in Foster Homes and Children in Families
Receiving AFDC Payments in Excess of the Poverty Income Level,'
or its successor, for October 31 of the year prior to the year of
distribution; and
' (iii) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
' (F)(i) An additional amount as determined by ORS 327.077
(1997 Edition) shall be added to the ADMw for each remote small
school in the district.
' (ii) An additional amount as determined by section 23,
chapter 1066, Oregon Laws 1999, for each small high school in the
district that is equal to the small high school additional
weighting amount.
' (G) All numbers of children used for the computation in this
section must reflect any district consolidations that have
occurred since the numbers were compiled.
' (b) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in paragraph (a)(E) and (F) of this subsection
shall not exceed 2.0.
' (8) Transportation Grant = 70 percent of Approved
Transportation Costs.
' (9) Local Revenues are the total of the following:
' (a) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
' (b) The amount of property taxes actually received by the
district including penalties and interest on taxes;
' (c) The amount of revenue received by the district from the
Common School Fund under ORS 327.403 to 327.415;
' (d) The amount of revenue received by the district from the
county school fund;
' (e) The amount of revenue received by the district from the
25 percent of federal forest reserve revenues required to be
distributed to schools by ORS 294.060 (1);
' (f) The amount of revenue received by the district from state
managed forestlands under ORS 530.115 (1)(b) and (c);
' (g) The amount of revenue received under ORS 334.400 by a
school district in an education service district that provides
equalization under ORS 334.400;
' (h) Moneys received in lieu of property taxes;
' (i) Federal funds received without specific application by
the school district and which are not deemed under federal law to
be nonsupplantable; and
' (j) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district, based on the
rate certified pursuant to ORS 310.060, from the amount that
would have been imposed by the district if the district had
certified the maximum rate of operating property taxes allowed by
law.
' (10) Notwithstanding subsection (9) of this section, Local
Revenues do not include:
' (a) The amount of revenue actually received by the district,
including penalties and interest on taxes, that is used for
payment of bonds issued to finance or refinance an unfunded
obligation for prior service costs under a contract of
integration pursuant to ORS 238.685 (2)(a); and
' (b) If a school district imposes local option taxes pursuant
to ORS 280.040 to 280.145, an amount equal to the lesser of:
' (A) The amount of revenue actually received by the district
from local option taxes imposed pursuant to ORS 280.040 to
280.145;
' (B) Ten percent of the combined total for the school district
of the general purpose grant, the transportation grant and the
facility grant of the district; or
' (C) $500 per district extended ADMw.
' (11)(a) Facility Grant = 8 percent of total construction
costs of new school buildings.
' (b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
' (c) As used in this subsection:
' (A) 'New school building' includes new school buildings,
adding structures onto existing school buildings and adding
premanufactured structures to a school district if those
buildings or structures are to be used for instructing students.
' (B) 'Construction costs' does not include costs for land
acquisition.
' { + SECTION 2. + } ORS 327.013, as amended by section 30,
chapter 1066, Oregon Laws 1999, is amended to read:
' 327.013. The State School Fund distributions shall be
computed as follows:
' (1) General Purpose Grant = Funding Percentage X Target Grant
X District extended ADMw.
' (2) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum available for distribution of money.
' (3) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor.
' (4) Statewide Target per ADMw Grant = $4,500.
' (5) Teacher Experience Factor = $25 X {District average
teacher experience - statewide average teacher experience}. '
Average teacher experience' means the average, in years, of
teaching experience of certified teachers as reported to the
Department of Education.
' (6) { + (a) + } District extended ADMw = { + the greater of:
' (A) + } ADMw { - or - } { + ;
' (B) + } ADMw of the prior year { - , whichever is
greater - } { + ; or
' (C) If a school district has a decrease in ADMw of five
percent or more over the prior four-year period, ADMw as
calculated under paragraph (b) of this subsection.
' (b) The Superintendent of Public Instruction shall calculate
for those school districts that have a decrease in ADMw of five
percent or more over the prior four-year period the average ADMw
per year for the prior four-year period.
' (c) The superintendent shall calculate the amount of the
General Purpose Grant per ADMw as if each school district had an
ADMw based on paragraph (a)(A) or (B) of this subsection,
whichever is greater.
' (d) The superintendent shall calculate the amount of the
General Purpose Grant per ADMw for each school district including
the calculation under paragraph (a)(C) of this subsection.
' (e) Notwithstanding any other provision of this section, a
school district described in paragraph (b) of this subsection may
not receive a General Purpose Grant as calculated under paragraph
(d) of this subsection that is equal to an increase per ADMw as
calculated under paragraph (c) of this subsection of more than
$400 + }.
' (7)(a) Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
' (A) 1.0 for each student in average daily membership eligible
for special education as a child with disabilities under ORS
343.035, applicable to not to exceed 11 percent of the district's
ADM without review and approval of the Department of Education.
Children with disabilities eligible for special education in
adult local correctional facilities as defined in ORS 169.005 or
adult regional correctional facilities as defined in ORS 169.620
shall not be included in the calculation of the 11 percent.
' (B) 0.5 for each student in average daily membership eligible
for and enrolled in an English as a Second Language program under
ORS 336.079.
' (C) 0.2 for each student in average daily membership enrolled
in a union high school district or in an area of a unified school
district where the district is only responsible for educating
students in grades 9 through 12 in that area.
' (D) -0.1 for each student in average daily membership
enrolled in an elementary district operating kindergarten through
grade 6 or kindergarten through grade 8 or in an area of a
unified school district where the district is only responsible
for educating students in kindergarten through grade 8.
' (E) 0.25 times the sum of the following:
' (i) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the federal Department of Education,
as adjusted by the school district's proportion of students in
the county receiving free or reduced price lunches under the
United States Department of Agriculture's current Income
Eligibility Guidelines if the number is higher than the number
determined from census data and only if the school district had
an average daily membership of 2,500 or less for the 1995-1996
school year, and as further adjusted by the number of students in
average daily membership in June of the year of distribution
divided by number of students in average daily membership in the
district, or its predecessors, in June 1990;
' (ii) The number of children in foster homes in the district
as determined by the report of the Department of Human Services
to the federal Department of Education, 'Annual Statistical
Report on Children in Foster Homes and Children in Families
Receiving AFDC Payments in Excess of the Poverty Income Level,'
or its successor, for October 31 of the year prior to the year of
distribution; and
' (iii) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
' (F) An additional amount as determined by ORS 327.077 shall
be added to the ADMw for each remote small elementary school and
for each small high school in the district.
' (G) All numbers of children used for the computation in this
section must reflect any district consolidations that have
occurred since the numbers were compiled.
' (b) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in paragraph (a)(E) and (F) of this subsection
shall not exceed 2.0.
' (8) Transportation Grant = 70 percent of Approved
Transportation Costs.
' (9) Local Revenues are the total of the following:
' (a) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
' (b) The amount of property taxes actually received by the
district including penalties and interest on taxes;
' (c) The amount of revenue received by the district from the
Common School Fund under ORS 327.403 to 327.415;
' (d) The amount of revenue received by the district from the
county school fund;
' (e) The amount of revenue received by the district from the
25 percent of federal forest reserve revenues required to be
distributed to schools by ORS 294.060 (1);
' (f) The amount of revenue received by the district from state
managed forestlands under ORS 530.115 (1)(b) and (c);
' (g) The amount of revenue received under ORS 334.400 by a
school district in an education service district that provides
equalization under ORS 334.400;
' (h) Moneys received in lieu of property taxes;
' (i) Federal funds received without specific application by
the school district and which are not deemed under federal law to
be nonsupplantable; and
' (j) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district, based on the
rate certified pursuant to ORS 310.060, from the amount that
would have been imposed by the district if the district had
certified the maximum rate of operating property taxes allowed by
law.
' (10) Notwithstanding subsection (9) of this section, Local
Revenues do not include:
' (a) The amount of revenue actually received by the district,
including penalties and interest on taxes, that is used for
payment of bonds issued to finance or refinance an unfunded
obligation for prior service costs under a contract of
integration pursuant to ORS 238.685 (2)(a); and
' (b) If a school district imposes local option taxes pursuant
to ORS 280.040 to 280.145, an amount equal to the lesser of:
' (A) The amount of revenue actually received by the district
from local option taxes imposed pursuant to ORS 280.040 to
280.145;
' (B) Ten percent of the combined total for the school district
of the general purpose grant, the transportation grant and the
facility grant of the district; or
' (C) $500 per district extended ADMw.
' (11)(a) Facility Grant = 8 percent of total construction
costs of new school buildings.
' (b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
' (c) As used in this subsection:
' (A) 'New school building' includes new school buildings,
adding structures onto existing school buildings and adding
premanufactured structures to a school district if those
buildings or structures are to be used for instructing students.
' (B) 'Construction costs' does not include costs for land
acquisition.
' { + SECTION 3. + } ORS 327.099 is amended to read:
' 327.099. (1) The Department of Education shall adjust the
distribution to a school district to reflect the difference
between the estimated level of local revenues to the district
under ORS 327.013 (9) and the projected level of those same local
revenues used to calculate the State School Fund apportionment to
the district. The adjustment shall be incorporated in the May 15
apportionment to the district in the distribution year.
' (2) The department shall adjust the May 15 apportionment to a
school district in the distribution year to reflect an ADMw of
the district equal to the higher of the ADMw of the prior
year { + , the average ADMw of the prior four years, if
applicable under ORS 327.013 (6)(b), + } or the adjusted ADMw for
the December quarter. Adjusted ADMw for the December quarter
shall equal:
' (a) ADMw as determined by the department from information
provided in the December quarterly report for the current
distribution year filed with the department under ORS 327.133;
' (b) Multiplied by the lesser of 1.0 or the average of the
ratios for the preceding two years of the ADM for the year ending
June 30 to the ADM for the quarter ending December 31 for the
same school year as filed under ORS 327.133.
' (3) The sum equal to the sum of all negative adjustments made
to the May 15 apportionment under subsection (1) of this section
is appropriated to the department for purposes of funding
positive adjustments required under subsection (1) of this
section and adjustments required under subsection (2) of this
section.
' (4) The department shall also set aside an amount of the
funds appropriated to the State School Fund for the fiscal year
to fund any positive adjustments required under subsection (1) of
this section and adjustments required under subsection (2) of
this section in excess of the amount available under subsection
(3) of this section. The amount set aside shall be as determined
by law.
' (5) If the amounts available under subsections (3) and (4) of
this section are either not sufficient to fund the positive
adjustments or exceed the positive adjustments to districts
required under subsections (1) and (2) of this section and the
adjustments required under subsection (2) of this section, the
Superintendent of Public Instruction shall recalculate the
funding percentage in ORS 327.013 (2) to distribute as nearly as
practicable the total sum available for distribution.
' { + SECTION 4. + } { + The amendments to ORS 327.013 and
327.099 by sections 1 to 3 of this 2001 Act affect State School
Fund distributions commencing with the 2001-2002
distribution. + }
' { + SECTION 5. + } { + This 2001 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2001 Act
takes effect July 1, 2001. + } ' .
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