68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 262
A-Engrossed
Senate Bill 1164
Ordered by the Senate February 2
Including Senate Amendments dated February 2
Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS
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.
Directs school district where detention facility is located to
provide education for children placed in facility. Allows school
district to receive State School Fund reimbursement for children
in facility.
{ + Repealed June 30, 1997. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to responsibility for educating children in detention
facilities; creating new provisions; amending ORS 327.013; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A school district shall provide or cause to
be provided appropriate education for children placed in a county
correctional facility located in the school district. The
education may be provided by the school district or an education
service district.
(2) The school district may claim State School Fund
reimbursement under ORS 327.006 to 327.133 for each child who is
in a county correctional facility. + }
SECTION 2. 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 = $25X {District average teacher
experienceÇ 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 county correctional facilities 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.
(D)Ç0.1 for each student in average daily membership enrolled
in an elementary district operating kindergarten through grade 6
or 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 Resources 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
Resources 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 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 from the payment required by ORS 328.005 (1);
(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 property
taxes actually imposed by the district, as determined by the
Department of Revenue under ORS 311.175 (3)(a)(B), from the
amount that would be imposed by the district if the district
certified a total property tax levy equal to the lesser of:
(A) The maximum amount it can certify within the limits of
sections 11 and 11a, Article XI of the Oregon Constitution; or
(B) 106 percent of the total taxes certified by the district in
the prior year.
SECTION 3. { + This Act is repealed on June 30, 1997. + }
SECTION 4. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect upon its
passage. + }
----------