75th OREGON LEGISLATIVE ASSEMBLY--2009 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 522
 
                         Senate Bill 70
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Superintendent of Public
  Instruction Susan Castillo for Department of Education)
 
 
                             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.
 
  Modifies method of calculating amount received from State
School Fund to educate children in hospital programs and in
long-term care or treatment programs.
  Declares emergency, effective July 1, 2009.
 
                        A BILL FOR AN ACT
Relating to amounts received from State School Fund by Department
  of Education; creating new provisions; amending ORS 327.019 and
  343.243; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 343.243 is amended to read:
  343.243. (1) The Department of Education shall
 { - recover - }  { +  receive + } from the State School Fund an
amount for each child who is enrolled in a special education
program under ORS 343.261, 343.961 and 346.010.
   { +  (2) To meet the requirements of ORS 343.261:
  (a) The State Board of Education shall adopt by rule
definitions and procedures to be applied to the computation of
the State School Fund allocations where necessary to make
students enrolled in hospital programs equivalent to students
enrolled in common and union high school districts for purposes
of distribution of the fund.
  (b) The department shall receive from the State School Fund for
the hospital programs a special State School Fund grant that is
calculated based on rules of the board.
  (3) To meet the requirements of ORS 343.961:
  (a) The board shall adopt by rule definitions and procedures to
be applied to the computation of the State School Fund
allocations where necessary to make students enrolled in
long-term care or treatment programs equivalent to students
enrolled in common and union high school districts for purposes
of distribution of the fund.
  (b) The department shall receive from the State School Fund for
the long-term care or treatment programs a special State School
Fund grant that is calculated based on rules of the board. + }
    { - (2) - }   { + (4)  + }  { - The amount recovered shall be
equal to - }  { +  To meet the requirements of ORS 346.010, the
department shall receive from the State School Fund for each
child enrolled under ORS 346.010 an amount that is equal to the
product of the following: + }
  (a) The average net operating expenditure per student of all
school districts during the preceding school year
 { - multiplied by - }  { + ; and + }
  (b) The resident average daily membership of students enrolled
in the special education program one-half of the school day or
more, exclusive of preschool children covered by ORS 343.533.
    { - (3) - }   { + (5) + } The children covered by this
section shall be enumerated in the average daily membership of
the district providing the instruction but  { + the district may
not accrue + } credit for days' attendance of such children
 { - shall not accrue to such school district - }  for the
purpose of distributing state school funds.
    { - (4) - }   { + (6) + } The liability of a district shall
not exceed the amount established under this section even if the
child is otherwise subject to ORS 336.575 and 336.580.
    { - (5) - }   { + (7) + } The   { - amounts recovered - }
 { + department shall credit amounts received + } from the State
School Fund   { - shall be credited - }  { +  under this
section + } to the appropriate subaccount in the Special
Education Account.
  SECTION 2.  { + The amendments to ORS 342.243 by section 1 of
this 2009 Act first apply to the 2009-2010 fiscal year. + }
  SECTION 3. ORS 327.019 is amended to read:
  327.019. (1) As used in this section:
  (a) 'Education service district extended ADMw' means the sum of
the extended ADMw of the component school districts of the
education service district as computed under ORS 327.013.
  (b) 'Local revenues of an education service district' means 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
state-managed forestlands under ORS 530.115 (1)(b) and (c); and
  (D) 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.
  (2) Each fiscal year, the Superintendent of Public Instruction
shall calculate a State School Fund grant for each education
service district as provided in this section.
  (3)(a) Each fiscal year, the superintendent shall calculate the
total amount appropriated or allocated to the State School Fund
and available for distribution to school districts, education
service districts and programs + total amount of local revenues
of all school districts, computed as provided in ORS 327.013, +
total amount of local revenues of all education service
districts. The superintendent may not include in the calculation
under this paragraph amounts   { - recovered - }
 { + received + } by the Department of Education from the State
School Fund under ORS 343.243.
  (b) The superintendent shall multiply the amount calculated
under paragraph (a) of this subsection by 95.25 percent.
  (c) Based on the amount calculated under paragraph (b) of this
subsection, the superintendent shall calculate a funding
percentage to distribute as nearly as practicable under ORS
327.006 to 327.133, 327.348, 327.355, 327.357 and 327.360 the
total amount calculated under paragraph (b) of this subsection as
school district general purpose grants, facility grants, high
 
cost disabilities grants and transportation grants to school
districts.
  (d) Based on the funding percentage calculated under paragraph
(c) of this subsection, the superintendent shall calculate the
general purpose grant, facility grant, transportation grant and
high cost disabilities grant amounts for each school district.
  (4) The general services grant for an education service
district shall equal the higher of:
  (a) The total amount calculated under subsection (3)(d) of this
section for the component school districts of the education
service district X (4.75 : 95.25); or
  (b) $1 million.
  (5) Subject to subsection (6) of this section, the State School
Fund grant for an education service district = general services
grant - local revenues of the education service district.
  (6)(a) After completing the calculations under subsections (2)
to (5) of this section, the Superintendent of Public Instruction
shall apportion from the State School Fund to each education
service district an amount = (funding percentage X general
services grant) - local revenues of the education service
district.
  (b) The funding percentage used in paragraph (a) of this
subsection shall be calculated by the superintendent to
distribute as nearly as practicable the total amount available
for distribution to education service districts from the State
School Fund for each fiscal year.
  (7) Notwithstanding subsections (5) and (6) of this section:
  (a) The State School Fund grant of an education service
district may not be less than zero; and
  (b) The State School Fund grant of an education service
district shall be in an amount that, when combined with the local
revenues of the education service district, equals $1 million or
more.
  (8) An education service district shall distribute to its
component school districts any amount of local revenues of the
education service district that is greater than the general
services grant. The amount that each component school district
receives under this subsection shall be prorated based on the
district extended ADMw of each school district.
  SECTION 4. ORS 327.019, as amended by section 13, chapter 846,
Oregon Laws 2007, is amended to read:
  327.019. (1) As used in this section:
  (a) 'Education service district extended ADMw' means the sum of
the extended ADMw of the component school districts of the
education service district as computed under ORS 327.013.
  (b) 'Local revenues of an education service district' means 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
state-managed forestlands under ORS 530.115 (1)(b) and (c); and
  (D) 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.
  (2) Each fiscal year, the Superintendent of Public Instruction
shall calculate a State School Fund grant for each education
service district as provided in this section.
  (3)(a) Each fiscal year, the superintendent shall calculate the
total amount appropriated or allocated to the State School Fund
and available for distribution to school districts, education
service districts and programs + total amount of local revenues
of all school districts, computed as provided in ORS 327.013, +
total amount of local revenues of all education service
districts. The superintendent may not include in the calculation
under this paragraph amounts   { - recovered - }
 { + received + } by the Department of Education from the State
School Fund under ORS 343.243.
  (b) The superintendent shall multiply the amount calculated
under paragraph (a) of this subsection by 95.25 percent.
  (c) Based on the amount calculated under paragraph (b) of this
subsection, the superintendent shall calculate a funding
percentage to distribute as nearly as practicable under ORS
327.006 to 327.133 and 327.348 the total amount calculated under
paragraph (b) of this subsection as school district general
purpose grants, facility grants, high cost disabilities grants
and transportation grants to school districts.
  (d) Based on the funding percentage calculated under paragraph
(c) of this subsection, the superintendent shall calculate the
general purpose grant, facility grant, transportation grant and
high cost disabilities grant amounts for each school district.
  (4) The general services grant for an education service
district shall equal the higher of:
  (a) The total amount calculated under subsection (3)(d) of this
section for the component school districts of the education
service district X (4.75 : 95.25); or
  (b) $1 million.
  (5) Subject to subsection (6) of this section, the State School
Fund grant for an education service district = general services
grant - local revenues of the education service district.
  (6)(a) After completing the calculations under subsections (2)
to (5) of this section, the Superintendent of Public Instruction
shall apportion from the State School Fund to each education
service district an amount = (funding percentage X general
services grant) - local revenues of the education service
district.
  (b) The funding percentage used in paragraph (a) of this
subsection shall be calculated by the superintendent to
distribute as nearly as practicable the total amount available
for distribution to education service districts from the State
School Fund for each fiscal year.
  (7) Notwithstanding subsections (5) and (6) of this section:
  (a) The State School Fund grant of an education service
district may not be less than zero; and
  (b) The State School Fund grant of an education service
district shall be in an amount that, when combined with the local
revenues of the education service district, equals $1 million or
more.
  (8) An education service district shall distribute to its
component school districts any amount of local revenues of the
education service district that is greater than the general
services grant. The amount that each component school district
receives under this subsection shall be prorated based on the
district extended ADMw of each school district.
  SECTION 5.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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