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 2639
Senate Bill 509
Sponsored by Senator FERRIOLI; Senators ATKINSON, R BEYER,
CLARNO, DUKES, FISHER, GEORGE, GORDLY, HARPER, METSGER, NELSON,
STARR, TROW, Representatives BECK, BUTLER, CLOSE, KING,
KRIEGER, KRUSE, MORGAN, SCHRADER, SHETTERLY, SIMMONS, G SMITH,
P SMITH, T SMITH, STARR, ZAUNER (at the request of Petersburg
School)
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.
Changes definition of remote small elementary school for
purposes of remote small elementary school weighting used to
calculate distribution of State School Fund.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to school finance; creating new provisions; amending ORS
327.013 and 327.077; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.077 is amended to read:
327.077. (1) A school may qualify as a remote small elementary
school if the average daily membership in grades one through
eight for an elementary school teaching:
(a) Eight grades is below 224.
(b) Seven grades is below 196.
(c) Six grades is below 168.
(d) Five grades is below 140.
(e) Four grades is below 112.
(f) Three grades is below 84.
(g) Two grades is below 56.
(h) One grade is below 28.
(2) A school may qualify as a small high school if:
(a) The school is in a school district that has an ADMw of less
than 8,500; and
(b) The average daily membership in grades 9 through 12 for a
high school teaching:
(A) Four grades is below 350.
(B) Three grades is below 267.
(3) { - No - } { + An + } elementary school { - shall - }
{ + may not + } qualify as a remote small elementary school
under subsection (1) of this section if it is within eight miles
by the nearest traveled road from another elementary school
{ + within the same school district + } unless there are
physiographic conditions that make transportation to another
school not feasible.
(4)(a) If an elementary school in a school district qualifies
as a remote small elementary school, the district shall have an
additional amount added to the district's ADMw.
(b) The additional amount = {224 - (ADMa :(number of grades in
the school : eight))} X.0045 X ADMa X distance adjustment.
(5)(a) If a high school in a district qualifies as a small high
school, the district shall have an additional amount added to the
district's ADMw.
(b) The additional amount = {350 - (ADMa :(number of grades in
the school : four))} X.0029 X ADMa.
(6) { + (a) + } The distance adjustment for an elementary
school = .025 for each 10th of a mile more than eight miles that
a school is away from the nearest elementary school { + within
the same school district + } measured by the nearest traveled
road or 1.0, whichever is less.
{ + (b) If an elementary school is the only elementary school
within a school district and otherwise qualifies as a remote
small elementary school under this section, the distance
adjustment for the elementary school shall be calculated as if
the school were 12 miles away from the nearest elementary school
within the same school district. + }
(7)(a) A school may qualify as a remote small elementary school
under this section only if the location of the school has not
changed since January 1, 1995, and if the school qualified as a
remote small school on { - July 18, 1995 - } { + the
effective date of this 2001 Act + }.
(b) A school may qualify as a small high school under this
section only if the location of the school has not changed since
January 1, 1995, and if the school qualified as a small high
school on October 23, 1999.
(c) A public charter school as defined in ORS 338.005 may
qualify as a remote small elementary school under this section
only if the location of the school has not changed since January
1, 1995, and if the school qualified as a nonchartered public
remote small school on { - July 18, 1995 - } { + the
effective date of this 2001 Act + }.
(d) A public charter school as defined in ORS 338.005 may
qualify as a small high school under this section only if the
location of the school has not changed since January 1, 1995, and
if the school qualified as a nonchartered public remote small
school on July 18, 1995.
(e) The Superintendent of Public Instruction may waive the
requirements of paragraph (a), (b), (c) or (d) of this subsection
if the superintendent determines that exceptional circumstances
exist.
(f) An alternative education program as defined in ORS 336.615
may not qualify as a small high school under this section.
(8) The opening of a public charter school shall not disqualify
a school as a remote small elementary school under subsection (3)
of this section or change the distance adjustment for a school
under subsection (6) of this section.
(9) For purposes of this section:
(a) The 'adjusted average daily membership' or 'ADMa' for an
elementary school shall be the average daily membership for the
school, but no less than 25.
(b) The 'adjusted average daily membership' or 'ADMa' for a
high school shall be the average daily membership for the school,
but no less than 60.
SECTION 2. { + The amendments to ORS 327.077 by section 1 of
this 2001 Act affect State School Fund distributions commencing
with the 2001-2002 distribution. + }
SECTION 3. 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) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater.
(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
shall be added to the ADMw for each remote small elementary
school in the district. + }
{ - (i) - } { + (ii) + } An additional amount as determined
by ORS 327.077 (1997 Edition) shall be added to the ADMw for each
remote small { + high + } school in the district.
{ - (ii) - } { + (iii) + } 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 4. { + The amendments to ORS 327.013 by section 3 of
this 2001 Act affect State School Fund distributions commencing
with the 2001-2002 distribution. + }
SECTION 5. { + For the 2001-2002 distribution, the district
extended ADMw under ORS 327.013 shall be calculated as though the
amendments to ORS 327.013 and 327.077 by sections 1 and 3 of this
2001 Act were effective on July 1, 2000. A school district's ADMw
of the prior year shall be adjusted to reflect the amendments to
ORS 327.013 and 327.077 by sections 1 and 3 of this 2001 Act. + }
SECTION 6. 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) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater.
(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 shall be added to the ADMw for each remote small
elementary school
{ - and for each small high school - } in the district.
{ + (ii) An additional amount as determined by ORS 327.077
shall be added to the ADMw 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 7. { + The amendments to ORS 327.013 by section 6 of
this 2001 Act become operative July 1, 2005. + }
SECTION 8. { + The amendments to ORS 327.013 by section 6 of
this 2001 Act affect State School Fund distributions commencing
with the 2005-2006 distribution. + }
SECTION 9. { + 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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