74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1305
 
                         House Bill 2396
 
Sponsored by Representative KOMP (Presession filed.)
 
 
                             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.
 
  Specifies that excused absences are to be used in calculation
of aggregate days membership for purposes of distribution of
State School Fund to school districts and education service
districts.
  Takes effect July 1, 2008.
 
                        A BILL FOR AN ACT
Relating to school finance; creating new provisions; amending ORS
  327.006; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 327.006 is amended to read:
  327.006. As used in ORS 327.006 to 327.133, 327.348, 327.355,
327.357, 327.360 and 327.731:
  (1) 'Aggregate days membership' means the sum of days present
and   { - absent - }  { +  days of excused absence + }, according
to the rules of the State Board of Education, of all resident
pupils when school is actually in session during a certain
period. The aggregate days membership of kindergarten pupils
shall be calculated on the basis of a half-day program.
  (2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
  (A) Elementary school students who live at least one mile from
school;
  (B) Secondary school students who live at least 1.5 miles from
school;
  (C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
  (D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
  (E) Students who require payment of room and board in lieu of
transportation;
  (F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
 
  (G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
  (b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
  (3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
  (4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, Standard
Metropolitan Statistical Area, as compiled by the United States
Department of Labor, Bureau of Labor Statistics.
  (5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
  (6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
  (7)(a) 'Resident pupil' means any pupil:
  (A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
  (B) Whose legal residence is not within the boundaries of the
district reporting the pupil but attends school in the district
with the written consent of the affected school district boards.
  (b) A pupil shall not be considered to be a resident pupil
under paragraph (a)(A) of this subsection if the pupil is
attending school in another school district pursuant to a
contract under ORS 339.125 and in the prior year was considered
to be a resident pupil in another school district under paragraph
(a)(B) of this subsection. The pupil shall continue to be
considered a resident of another school district under paragraph
(a)(B) of this subsection.
  (c) A pupil shall not be considered to be a resident pupil
under paragraph (a)(B) of this subsection if the pupil is
attending school in a school district pursuant to an agreement
with another school district under ORS 339.133 and in the prior
year was considered to be a resident pupil under paragraph (a)(A)
of this subsection because the pupil was attending school in
another school district pursuant to a contract under ORS 339.125.
The pupil shall continue to be considered a resident pupil under
paragraph (a)(A) of this subsection.
  (d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 (7).
  (8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
  (9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
 
 
  SECTION 2.  { + The amendments to ORS 327.006 by section 1 of
this 2007 Act apply to State School Fund distributions commencing
with the 2008-2009 distribution. + }
  SECTION 3.  { + (1) For the 2008-2009 school year, each school
district shall report to the Department of Education the
aggregate days membership of the school district for the
2007-2008 and 2008-2009 school years based on ORS 327.006 as
amended by section 1 of this 2007 Act.
  (2) Notwithstanding ORS 327.013 (6) and 327.019 (1)(a), for the
2008-2009 school year the extended ADMw of a school district and
the extended ADMw of an education service district shall be
calculated based on the data reported under subsection (1) of
this section. + }
  SECTION 4.  { + This 2007 Act takes effect on July 1, 2008. + }
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