72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 819
 
LC 2403/SB 819-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 819
 
                     By COMMITTEE ON REVENUE
 
                            April 28
 
  On page 1 of the printed bill, line 2, after '327.013 ' insert
', 327.077'.
  On page 6, after line 37, insert:
  '  { +  SECTION 6. + } 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 elementary school shall 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 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 0.0045 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 0.0029 X ADMa.
  ' (6) The distance adjustment for an elementary school = 0.025
for each 10th of a mile more than eight miles that a school is
away from the nearest elementary school measured by the nearest
traveled road or 1.0, whichever is less.
  ' (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.
  ' (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.
  ' (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)(a) Notwithstanding subsections (2), (5) and (7)(b)
and (d) of this section, if two high schools merge and prior to
the merger at least one of the high schools qualified as a small
high school under this section, the Department of Education shall
continue to add an additional amount pursuant to subsection (5)
of this section to the ADMw of the school district in which the
new merged high school is located that is equal to the higher of:
  ' (A) The additional amount the school district of each of the
former small high schools would have received under this section
for the small high school based on the ADMa of each of the high
schools prior to the merger; or
  ' (B) In the case of a high school that remains qualified as a
small high school under subsection (2) of this section after a
merger, the ADMa of the merged small high school.
  ' (b) The department shall add the additional amount under this
subsection only for the first four fiscal years after the merger
of the two high schools is final. If the merger of the two high
schools becomes final on or before September 1, for purposes of
this paragraph the merger shall be considered final in the prior
fiscal year. + }
  '  { - (9) - }  { +  (10) + } 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 7. + }  { + The amendments to ORS 327.077 by
section 6 of this 2003 Act apply to:
  ' (1) State School Fund distributions commencing with the
2003-2004 distribution; and
  ' (2) Small high schools for which the merger with another high
school became final on or after January 1, 2003. + } ' .
  In line 38, delete '6' and insert '8'.
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