Chapter 684 Oregon Laws 1999

Session Law

AN ACT

HB 3365

Relating to school finance; creating new provisions; and amending ORS 343.243.

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 bill annually an education service district for each child who is a resident of a school district in the education service district and is enrolled in a special education program under ORS 343.261, 343.961, 343.975 and 346.010. Where there is no education service district, the department shall bill the county school district or a common school district having county-wide jurisdiction.

(2) The billing shall be equal to (a) the average net operating expenditure per student of all school districts in the education service district during the preceding school year multiplied by (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) The children covered by this section shall be enumerated in the average daily membership of the district providing the instruction but credit for days' attendance of such children shall not accrue to such school district for the purpose of distributing state school funds.

(4) The department shall notify each executive officer of the administrative office for the county, as defined in ORS 328.001, of its estimated billing not later than March 1 of each year. Not later than August 15, the department shall submit the actual billing to the executive officer. The due date for payment of the billing to the department shall be not later than December 15 following that August 15.

(5) The education service district, county school district or common school district shall pay the amount of the billing from the county school fund. In cases where this billing exceeds the amount in the county school fund, the unpaid balance shall be recovered by [a reduction by] the department [in] from the State School Fund [grant to each district within the county based upon the ratio that total billings under subsection (1) of this section for children resident in the school district are to total billings under subsection (1) of this section to the education service district].

(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.

(7) The amounts received by the department shall be credited to the appropriate subaccount in the Special Education Account.

SECTION 2. The amendments to ORS 343.243 by section 1 of this 1999 Act shall first apply to unpaid balances from billings that were submitted to the executive officer of the administrative office for the county by the Department of Education after August 15, 1999.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

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