75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 555
 
LC 1961/SB 555-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 555
 
               By COMMITTEE ON FINANCE AND REVENUE
 
                             June 23
 
  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and lines 3 and 4 and insert '327.013; and
declaring an emergency.'.
  Delete lines 6 through 30 and delete pages 2 through 13 and
insert:
  '  { +  SECTION 1. + } ORS 327.013, as amended by section 4,
chapter 4, Oregon Laws 2006, section 91, chapter 70, Oregon Laws
2007, and section 6, chapter 778, Oregon Laws 2007, is amended to
read:
  ' 327.013. The State School Fund distributions for school
districts 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 a disability 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
may 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
based on the most recent federal decennial census, 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 of the year of the most recent federal
decennial census;
  ' (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) High cost disabilities grant = the total amount received
by a school district under ORS 327.348, for providing special
education and related services to resident pupils with
disabilities.
  '  { - (9)(a) Transportation grant equals: - }
  '  { - (A) 70 percent of approved transportation costs for
those school districts ranked below the 80th percentile under
paragraph (b) of this subsection. - }
  '  { - (B) 80 percent of approved transportation costs for
those school districts ranked in or above the 80th percentile but
below the 90th percentile under paragraph (b) of this
subsection. - }
  '  { - (C) 90 percent of approved transportation costs for
those school districts ranked in or above the 90th percentile
under paragraph (b) of this subsection. - }
  '  { - (b) Each fiscal year, the Department of Education shall
rank school districts based on the approved transportation costs
per ADM of each school district, ranking the school district with
the highest approved transportation costs per ADM at the top of
the order. - }
  '  { +  (9) Transportation grant equals 63 percent of approved
transportation costs for a school district. + }
  ' (10) 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 327.410;
  ' (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) Moneys received in lieu of property taxes;
  ' (h) Federal funds received without specific application by
the school district and which are not deemed under federal law to
be nonsupplantable;
  ' (i) 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; and
  ' (j) Any amount distributed to the district in the prior
fiscal year under section 4 (3), chapter 695, Oregon Laws 2001,
or ORS 327.019 (8).
  ' (11) Notwithstanding subsection (10) of this section, Local
Revenues do not include, 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) Twenty percent of the combined total for the school
district of the general purpose grant, the transportation grant,
the facility grant and the high cost disabilities grant of the
district; or
  ' (c) $1,000 per district extended ADMw, increased each fiscal
year by three percent above the amount allowed per district
extended ADMw for the prior fiscal year.
  ' (12)(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. + }  { + The amendments to ORS 327.013 by
section 1 of this 2009 Act apply to State School Fund
distributions occurring in fiscal years beginning on or after
July 1, 2009. + }
  '  { +  SECTION 3. + }  { + 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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