Chapter 327 — State
Financing of Elementary and Secondary Education
2011 EDITION
STATE FINANCING OF EDUCATION
EDUCATION AND CULTURE
STATE SCHOOL FUND
327.006 Definitions
327.008 State
School Fund; State School Fund grants
327.009 Transfers
from State School Fund to Regional Educational Services Account
327.011 Description
of Local Revenues for purpose of State School Fund distributions
327.013 State
School Fund distribution computations for school districts
327.019 State
School Fund distribution computations for education service districts
327.021 Percentages
and time of payment of apportionments to education service districts
327.023 Grants
for special and compensatory education programs
327.026 State
School Fund grant for programs; calculation; adjustment; rules
327.033 Approved
transportation costs; expenditure limitations
327.043 When
district required to provide transportation; waiver
327.061 Computation
of number of students in average daily membership
327.077 Remote
small elementary school and small high school determination; effect; waiver
327.082 Kindergarten
apportionment
327.095 Percentages
and time of payment of apportionments to school districts
327.097 Apportionment
where district changed
327.099 Adjustment
of distribution within fiscal year
327.101 Adjustment
of distribution between fiscal years
327.102 Standard
school complaints; process; rules
327.103 Standard
school presumed; effect of finding of deficiency; rules
327.106 School
districts required to offer kindergarten through grade 12; exceptions
327.109 Procedure
if school district or charter school alleged to be involved in religious
activity; complaint, investigation, finding; effect
327.120 Correction
of errors in apportionments
327.125 Superintendent
to administer statutes related to state financing of education; board rules
327.133 Reports
by districts
327.137 Audit
reports filed with department; effect of failure to file or insufficiency of
report
327.141 Financial
or performance audit initiated by department; contracts for audit; costs
327.147 Increased
allocation when union high school district becomes common school district
327.152 Increased
allocation when certain merger occurs
327.157 Minimum
apportionment to school districts affected or not affected by ORS 327.147 and
327.152
GRANTS TO DISTRICTS AND PROGRAMS
(School Improvement Grants)
327.290 Legislative
findings relating to student achievement
327.294 School
Improvement Fund
327.297 Grants
for activities related to student achievement; rules
(Construction and Maintenance of Public
School Facilities Grant)
327.300 Definitions
for ORS 327.300 to 327.320
327.310 Legislative
findings
327.320 School
Facility Improvement Fund
327.330 Grants
to school districts for construction and maintenance of public school
facilities; rules
(Local Option Equalization Grants)
327.333 Policy
on provision of grants to school districts
327.336 Qualifications;
amount
327.339 Local
Option Equalization Grants Account; grant payments
(English as Second Language Teacher
Training Grants)
327.345 Grants
for training English as second language teachers; qualifications; use; rules
(High Cost Disabilities Grants)
327.348 High
Cost Disabilities Account; grants; approved costs; rules
(Small School District Grants)
(Provisions relating to small school
district grants are compiled as notes following ORS 327.348)
(Defibrillator Grants)
327.365 Automated
external defibrillator grants; rules
COMMON SCHOOL FUND
327.403 Definition
for ORS 327.405 to 327.480
327.405 Common
School Fund; composition and use
327.410 Apportionment
of Distributable Income Account of Common School Fund among counties;
distribution to school districts
327.420 Basis
of apportionment
327.425 Loans
and investment of funds; determination of interest rate
327.430 Security
for loans
327.435 Ascertainment
of value and title of security
327.440 Loan
repayment
327.445 Custody
of securities for loan; collection of interest
327.450 Foreclosure
of mortgages given to secure loans
327.455 Record
of purchases by Department of State Lands on foreclosures; resale or lease of
land; disposition of proceeds
327.465 Cancellation
of unpaid taxes after deed to state in liquidation of loan
327.470 Cancellation
of taxes on land acquired through foreclosure proceedings; right of redemption
327.475 When
county court may acquire mortgaged lands deeded to state
327.480 Use
of Common School Fund moneys to comply with judgment canceling fraudulent deed
327.482 Appropriation
to reimburse fund for any loss
327.484 Reimbursement
for loss or failure to earn four percent interest
EDUCATION CASH ACCOUNT
327.485 Education
Cash Account; composition; accounting
327.490 Projects
contracted to districts and institutions of higher learning
327.495 Appropriation
of funds received for certain purposes
QUALITY EDUCATION COMMISSION
327.497 Legislative
findings
327.500 Establishment;
membership; staff
327.502 Officers;
quorum; meetings
327.506 Quality
education goals; duties; report
MISCELLANEOUS
(Budget and Accounting System)
327.511 Uniform
budget and accounting system
(Food Programs)
327.520 Acceptance
and distribution of donated commodities to schools
327.525 School
Lunch Revolving Account
327.527 Summer
lunch reimbursement; rules
327.535 School
breakfast program; waiver; district election based on federal funding;
reimbursement
327.540 School
afterschool meal and snack program; grants
(Federal Aid to Education)
327.615 State
Treasurer as trustee of funds
327.620 Review
of accounts affecting federal funds
327.635 Labor
standards required on federally financed school construction
(Financing of State and Federal
Requirements)
327.645 Financing
of programs mandated by state and federal programs
EDUCATION LOTTERY BOND PROGRAM
327.700 Definitions
for ORS 327.700 to 327.711
327.705 Purpose
of ORS 327.700 to 327.711
327.708 Legislative
findings
327.711 Payment
of debt service; issuance of bonds; School Capital Construction, Maintenance
and Technology Fund
327.731 Education
project grants; use; amount
STATE SCHOOL FUND
327.005
[Repealed by 1957 c.612 §1 (327.006 enacted in lieu of 327.005)]
327.006 Definitions.
As used in ORS 327.006 to 327.133, 327.348 and 327.731:
(1)
“Aggregate days membership” means the sum of days present and absent, 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, 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 who attends school in the district with the written consent of
the district school board where the school is located as provided by ORS
339.133 (5).
(b)
A pupil is not 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 is not 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
ORS 339.133 (5) 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. [1957 c.612 §2
(enacted in lieu of 327.005); 1957 c.708 §4; 1959 c.388 §1; 1963 c.142 §1; 1965
c.100 §14; 1971 c.395 §2; 1973 c.750 §16; 1973 c.827 §26; 1977 c.840 §1; 1979
c.259 §1; 1981 c.804 §95; 1989 c.215 §2; 1989 c.342 §1; 1991 c.693 §35; 1991
c.780 §2; 1995 c.660 §47; 1997 c.821 §11; 1999 c.961 §5; 1999 c.989 §30; 2007
c.846 §11; 2009 c.11 §§40,41; 2011 c.718 §§14,15]
Note
1: The amendments to 327.006 by section
11, chapter 846, Oregon Laws 2007, become operative June 30, 2012. See section
19, chapter 846, Oregon Laws 2007. The text that is operative until June 30,
2012, including amendments by section 14, chapter 718, Oregon Laws 2011, is set
forth for the user’s convenience.
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, 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, 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 who attends school in the district with the written consent
received as provided by ORS 339.133 (5).
(b)
A pupil is not 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 is not 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
ORS 339.133 (5) 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.
Note 2: The
amendments to 327.006 by section 7, chapter 704, Oregon Laws 2011, become
operative July 1, 2015. See section 14, chapter 704, Oregon Laws 2011. The text
that is operative on and after July 1, 2015, is set forth for the user’s
convenience.
327.006. As
used in ORS 327.006 to 327.133, 327.348 and 327.731:
(1)
“Aggregate days membership” means the sum of days present and absent, 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 for half-day kindergarten and on the basis of a full-day
program for full-day kindergarten.
(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, 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 who attends school in the district with the written consent of
the district school board where the school is located as provided by ORS
339.133 (5).
(b)
A pupil is not 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 is not 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
ORS 339.133 (5) 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.
327.008 State School Fund; State School
Fund grants. (1) There is established a State School
Fund in the General Fund. The fund shall consist of moneys appropriated by the
Legislative Assembly and moneys transferred from the Education Stability Fund.
The State School Fund is continuously appropriated to the Department of
Education for the purposes of ORS 327.006 to 327.077, 327.095, 327.099,
327.101, 327.125, 327.137, 327.348, 336.575, 336.580, 336.635, 342.173,
343.243, 343.533 and 343.961.
(2)
There shall be apportioned from the State School Fund to each school district a
State School Fund grant, consisting of the positive amount equal to a general
purpose grant and a facility grant and a transportation grant and a high cost
disabilities grant minus local revenue, computed as provided in ORS 327.011 and
327.013.
(3)
There shall be apportioned from the State School Fund to each education service
district a State School Fund grant as calculated under ORS 327.019.
(4)
There shall be apportioned from the State School Fund the amount to be
transferred to the Regional Educational Services Account as calculated under
ORS 327.009.
(5)
All figures used in the determination of the distribution of the State School
Fund shall be estimates for the same year as the distribution occurs, unless
otherwise specified.
(6)
Numbers of students in average daily membership used in the distribution
formula shall be the numbers as of June of the year of distribution.
(7)
A school district may not use the portion of the State School Fund grant that
is attributable to the facility grant for capital construction costs.
(8)
The total amount of the State School Fund that is distributed as facility
grants may not exceed $25 million in any biennium. If the total amount to be
distributed as facility grants exceeds this limitation, the Department of
Education shall prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(9)
Each fiscal year, the Department of Education shall transfer the amount of $18
million from the State School Fund to the High Cost Disabilities Account
established in ORS 327.348.
(10)
Each fiscal year, the Department of Education may expend up to $550,000 from
the State School Fund for the contract described in ORS 329.488. The amount
distributed to education service districts from the State School Fund under
this section and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
(11)
Each biennium, the Department of Education may expend up to $800,000 from the
State School Fund for the administration of ORS 326.133 and 326.136.
(12)
Each biennium, the Department of Education may expend up to $350,000 from the
State School Fund to provide administration of and support for the development
of talented and gifted education under ORS 343.404.
(13)
Each biennium, the Department of Education may expend up to $150,000 from the
State School Fund for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology assistants under ORS
348.394 to 348.406. [1991 c.780 §3; 1993 c.61 §4; 1997 c.524 §3; 1997 c.821 §13;
1999 c.1066 §10; 2001 c.695 §§12,13; 2002 s.s.3 c.6 §§13,14; 2003 c.715 §§4,5,7;
2005 c.803 §§6,6a; 2007 c.488 §1; 2007 c.839 §19; 2007 c.846 §12; 2007 c.858 §44;
2008 c.39 §§1,2; 2009 c.698 §§8,9; 2011 c.705 §§36,37]
Note: The
amendments to 327.008 by section 12, chapter 846, Oregon Laws 2007, become
operative June 30, 2012. See section 19, chapter 846, Oregon Laws 2007. The
text that is operative until June 30, 2012, including amendments by section 36,
chapter 705, Oregon Laws 2011, is set forth for the user’s convenience.
327.008. (1)
There is established a State School Fund in the General Fund. The fund shall
consist of moneys appropriated by the Legislative Assembly and moneys
transferred from the Education Stability Fund. The State School Fund is
continuously appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125, 327.137, 327.348,
327.355, 327.357, 327.360, 336.575, 336.580, 336.635, 342.173, 343.243, 343.533
and 343.961.
(2)
There shall be apportioned from the State School Fund to each school district a
State School Fund grant, consisting of the positive amount equal to a general
purpose grant and a facility grant and a transportation grant and a high cost
disabilities grant minus local revenue, computed as provided in ORS 327.011 and
327.013.
(3)
There shall be apportioned from the State School Fund to each education service
district a State School Fund grant as calculated under ORS 327.019.
(4)
There shall be apportioned from the State School Fund the amount to be
transferred to the Regional Educational Services Account as calculated under
ORS 327.009.
(5)
All figures used in the determination of the distribution of the State School
Fund shall be estimates for the same year as the distribution occurs, unless
otherwise specified.
(6)
Numbers of students in average daily membership used in the distribution
formula shall be the numbers as of June of the year of distribution.
(7)
A school district may not use the portion of the State School Fund grant that
is attributable to the facility grant for capital construction costs.
(8)
The total amount of the State School Fund that is distributed as facility
grants may not exceed $25 million in any biennium. If the total amount to be
distributed as facility grants exceeds this limitation, the Department of
Education shall prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(9)
Each fiscal year, the Department of Education shall transfer the amount of $18
million from the State School Fund to the High Cost Disabilities Account
established in ORS 327.348.
(10)
Each fiscal year, the Department of Education shall transfer the amount of $2.5
million from the State School Fund to the Small School District Supplement Fund
established in ORS 327.360.
(11)
Each fiscal year, the Department of Education may expend up to $550,000 from
the State School Fund for the contract described in ORS 329.488. The amount
distributed to education service districts from the State School Fund under
this section and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
(12)
Each biennium, the Department of Education may expend up to $800,000 from the
State School Fund for the administration of ORS 326.133 and 326.136.
(13)
Each biennium, the Department of Education may expend up to $350,000 from the
State School Fund to provide administration of and support for the development
of talented and gifted education under ORS 343.404.
(14)
Each biennium, the Department of Education may expend up to $150,000 from the
State School Fund for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology assistants under ORS
348.394 to 348.406.
Note:
Section 4, chapter 20, Oregon Laws 2011, provides:
Sec. 4.
Notwithstanding ORS 327.008 and 327.013, for the biennium beginning July 1,
2011, the Department of Education:
(1)
May not expend any moneys from the State School Fund for the administration of
ORS 326.133 and 326.136.
(2)
May expend up to $968,000 from the State School Fund for the contract described
in ORS 329.488.
(3)
May expend up to $1,584,000 from the State School Fund for the purposes of the
Oregon Virtual School District. [2011 c.20 §4]
327.009 Transfers from State School Fund
to Regional Educational Services Account. (1)
Each fiscal year, the Superintendent of Public Instruction shall transfer from
the State School Fund to the Regional Educational Services Account established
by ORS 334.820 the amount calculated as provided by this section.
(2)(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, programs and the
Office of Regional Educational Services + total amount of local revenues of all
school districts, computed as provided in ORS 327.011, + total amount of local
revenues of all education service districts. The superintendent may not include
in the calculation under this paragraph amounts 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 0.25 percent.
(c)
The superintendent shall transfer the amount calculated under paragraph (b) of
this subsection to the Regional Educational Services Account. [2011 c.705 §34]
Note:
327.009 was added to and made a part of 327.006 to 327.133 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
327.010
[Amended by 1957 c.626 §2; 1963 c.570 §1; 1965 c.100 §15; 1979 c.277 §2;
repealed by 1991 c.780 §30]
327.011 Description of Local Revenues for
purpose of State School Fund distributions. For
the purpose of State School Fund distributions for school districts:
(1)
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
that 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.
(j)
Any amount distributed to the district in the prior fiscal year under ORS
327.019 (8).
(2)
Local Revenues do not include:
(a)
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 total received by the school district from the general
purpose grant, the transportation grant, the facility grant and the high cost
disabilities grant of the district, as those grants are calculated under ORS
327.013; or
(C)
$1,000 per district extended ADMw, as calculated
under ORS 327.013, increased each fiscal year by three percent above the amount
allowed per district extended ADMw for the prior
fiscal year.
(b)
For a school district with a statutory rate limit on July 1, 2003, that is
greater than $4.50 per $1,000 of assessed value, the amount of property taxes
actually received by the district, including penalties and interest on taxes,
that results from an increase in the rate of ad valorem property tax of the
district allowed under section 11 (5)(d), Article XI of the Oregon
Constitution. [2009 c.698 §6]
Note:
327.011 was added to and made a part of 327.006 to 327.133 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
327.012
[Repealed by 1957 c.626 §1]
327.013 State School Fund distribution
computations for school districts. The State
School Fund distributions for school districts include the following grants:
(1)
General Purpose Grant = Funding Percentage ´
Target Grant ´
District extended ADMw. For the purpose of the
calculation made under this subsection:
(a)
The funding percentage shall be calculated by the Superintendent of Public
Instruction to distribute as nearly as practicable the total sum of money
available for distribution.
(b)
Target Grant = Statewide Target per ADMw Grant +
Teacher Experience Factor. For the purpose of the calculation made under this
paragraph:
(A)
Statewide Target per ADMw Grant = $4,500.
(B)
Teacher Experience Factor = $25 ´
{District average teacher experience −
statewide average teacher experience}. As used in this subparagraph, “average
teacher experience” means the average, in years, of teaching experience of
licensed teachers as reported to the Department of Education.
(c)
District extended ADMw = ADMw
or ADMw of the prior year, whichever is greater. The
calculation of the district extended ADMw must be
made as provided by ORS 338.155 (1)(b) if a public charter school is located in
the school district. For the purpose of this paragraph:
(A)
Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
(i) 1.0 for each student in average daily membership
eligible for special education as a child with a disability under ORS 343.035,
which may not exceed 11 percent of the district’s ADM without review and
approval by 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 made under this sub-subparagraph.
(ii)
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.
(iii)
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.
(iv)
−0.1 for each student in average
daily membership enrolled in an elementary district operating kindergarten
through grade six or kindergarten through grade eight or in an area of a
unified school district where the district is only responsible for educating
students in kindergarten through grade eight.
(v)
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
United States 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 United States 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.
(vi)
The amount determined under ORS 327.077 for each remote small elementary school
and for each small high school in the district.
(B)
All numbers of children used for the computation in this paragraph must reflect
any district consolidations that have occurred since the numbers were compiled.
(C)
The total additional weight that shall be assigned to any student in average
daily membership in a district, exclusive of students described in subparagraph
(A)(v) and (vi) of this paragraph, may not exceed 2.0.
(2)
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.
(3)(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.
(4)(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, structures added onto
existing school buildings and premanufactured
structures added 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. [1991 c.780 §4;
1993 c.61 §5; 1993 c.690 §3; 1995 c.649 §4; 1996 c.19 §2; 1997 c.541 §§367,368,368a;
1997 c.804 §§1,2; 1999 c.186 §11; 1999 c.989 §31; 1999 c.1066 §§25,26,30; 1999
c.1094 §5; 2001 c.670 §§10,12; 2001 c.695 §§15,17,20,23; 2003 c.715 §§8,10,13;
2005 c.803 §7; 2006 c.4 §§2,4; 2007 c.70 §§90,91; 2007 c.778 §§1,3,6; 2009
c.698 §7; 2011 c.684 §8]
327.014 [1953
c.547 §1; 1957 c.626 §3; 1957 s.s. c.2 §1; 1961 c.622
§1; 1963 c.570 §1a; 1965 c.100 §16; 1965 c.528 §1; 1969 c.625 §1; repealed by
1971 c.22 §4]
327.015
[Repealed by 1957 c.612 §18]
327.017 [1993
c.61 §13; repealed by 1995 c.649 §10]
327.018 [1957
c.612 §7 (enacted in lieu of 327.085); 1959 c.388 §2; 1965 c.100 §19; renumbered
327.059]
327.019 State School Fund distribution
computations for education service districts. (1) As
used in this section:
(a)
“Education service district extended ADMw” means the
sum of the extended ADMw of the school districts
located within the territory 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, programs and the
Office of Regional Educational Services + total amount of local revenues of all
school districts, computed as provided in ORS 327.011, + total amount of local
revenues of all education service districts. The superintendent may not include
in the calculation under this paragraph amounts 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 95.5 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)(a)
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
school districts located within the territory of the education service district
´ (4.5
:SPLIT 95.5); or
(B)
$1 million if the education service district received a general services grant
of $1 million for the 2010-2011 school year.
(b)
Notwithstanding paragraph (a) of this subsection and only for State School Fund
distributions made for the first school year after two or more education
service districts join together, if an education service district received a
general services grant as provided by paragraph (a)(B) of this subsection prior
to the education service district joining together with one or more other
education service districts to form a new education service district:
(A)
The general services grant for the new education service district shall be
calculated for each component education service district as though the
component education service districts had not joined together to form a new
education service district; and
(B)
A component education service district that received $1 million as provided by
paragraph (a)(B) of this subsection shall be entitled to receive $1 million
under the calculation provided by this paragraph.
(5)
Subject to subsection (6) of this section, the State School Fund grant for an
education service district = general services grant :MINUS 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 ´
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 school districts located
within the territory of the education service district any amount of local
revenues of the education service district that is greater than the general
services grant. The amount that each school district receives under this
subsection shall be prorated based on the district extended ADMw
of the school district as calculated under ORS 327.013.
(9)(a)
An education service district shall distribute to a school district that is
located within the territory of the education service district but that has
withdrawn from the education service district as provided in ORS 334.015 the
amounts received by the education service district as a general services grant
and from the School Improvement Fund.
(b)
The amounts that a school district receives under this subsection:
(A)
Shall be prorated based on the district extended ADMw
of the school district as calculated under ORS 327.013;
(B)
Shall equal 90 percent of the school district’s prorated share, as calculated
under subparagraph (A) of this paragraph; and
(C)
May be used to pay for any expenses incurred in providing services described in
ORS 334.175 (2) to the students of the school district by:
(i) The school district;
(ii)
The education service district from which the school district withdrew;
(iii)
An education service district that is not the education service district from
which the school district withdrew; or
(iv)
Any other public entity with which the school district has entered into a
contract to provide the services. [2001 c.695 §9; 2003 c.715 §16; 2005 c.803 §8;
2005 c.828 §1; 2007 c.846 §§8,13; 2009 c.439 §§3,4; 2009 c.698 §§10,11; 2011
c.705 §§13,15]
Note: The
amendments to 327.019 by section 13, chapter 846, Oregon Laws 2007, become
operative June 30, 2012. See section 19, chapter 846, Oregon Laws 2007. The
text that is operative until June 30, 2012, including amendments by section 13,
chapter 705, Oregon Laws 2011, is set forth for the user’s convenience.
327.019. (1) As
used in this section:
(a)
“Education service district extended ADMw” means the
sum of the extended ADMw of the school districts
located within the territory 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, programs and the
Office of Regional Educational Services + total amount of local revenues of all
school districts, computed as provided in ORS 327.011, + total amount of local
revenues of all education service districts. The superintendent may not include
in the calculation under this paragraph amounts 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 95.5 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)(a)
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
school districts located within the territory of the education service district
´ (4.5
:SPLIT 95.5); or
(B)
$1 million if the education service district received a general services grant
of $1 million for the 2010-2011 school year.
(b)
Notwithstanding paragraph (a) of this subsection and only for State School Fund
distributions made for the first school year after two or more education
service districts join together, if an education service district received a
general services grant as provided by paragraph (a)(B) of this subsection prior
to the education service district joining together with one or more other
education service districts to form a new education service district:
(A)
The general services grant for the new education service district shall be
calculated for each component education service district as though the
component education service districts had not joined together to form a new
education service district; and
(B)
A component education service district that received $1 million as provided by
paragraph (a)(B) of this subsection shall be entitled to receive $1 million
under the calculation provided by this paragraph.
(5)
Subject to subsection (6) of this section, the State School Fund grant for an
education service district = general services grant :MINUS 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 ´
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 school districts located
within the territory of the education service district any amount of local
revenues of the education service district that is greater than the general
services grant. The amount that each school district receives under this
subsection shall be prorated based on the district extended ADMw
of the school district as calculated under ORS 327.013.
(9)(a)
An education service district shall distribute to a school district that is
located within the territory of the education service district but that has
withdrawn from the education service district as provided in ORS 334.015 the
amounts received by the education service district as a general services grant
and from the School Improvement Fund.
(b)
The amounts that a school district receives under this subsection:
(A)
Shall be prorated based on the district extended ADMw
of the school district as calculated under ORS 327.013;
(B)
Shall equal 90 percent of the school district’s prorated share, as calculated
under subparagraph (A) of this paragraph; and
(C)
May be used to pay for any expenses incurred in providing services described in
ORS 334.175 (2) to the students of the school district by:
(i) The school district;
(ii)
The education service district from which the school district withdrew;
(iii)
An education service district that is not the education service district from
which the school district withdrew; or
(iv)
Any other public entity with which the school district has entered into a
contract to provide the services.
327.020
[Repealed by 1957 c.612 §8 (327.024 enacted in lieu of 327.020)]
327.021 Percentages and time of payment of
apportionments to education service districts.
(1)(a) Except as provided in paragraph (b) of this subsection, the
Superintendent of Public Instruction shall distribute funds payable to
education service districts from the State School Fund following the same
percentages and dates specified for school districts under ORS 327.095.
(b)
Pursuant to rules adopted by the State Board of Education, the superintendent
may specify an alternative date for making a distribution if a human-created
disaster or a natural disaster affects the ability of the Department of
Education to make a distribution by a specified date.
(2)
The Department of Education may require reports from education service
districts of projected and estimated data necessary for the calculation of the
State School Fund grant amount.
(3)
The Department of Education may adjust distributions to an education service
district to reflect the difference between the amount payable to the education
service district and the amount actually distributed to the education service
district based on audited data and data received from reports from education
service districts. [2001 c.695 §11; 2009 c.184 §1]
327.023 Grants for special and compensatory
education programs. In addition to those moneys distributed
through the State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or
support for special and compensatory education programs including:
(1)
The Oregon School for the Deaf.
(2)
Medicaid match for administration efforts to secure Medicaid funds for services
provided to children with disabilities.
(3)
Hospital programs for education services to children who are hospitalized for
extended periods of time or who require hospitalization due to severe
disabilities as described in ORS 343.261.
(4)
Day treatment programs and residential treatment programs for education
services to children who are placed by the state in long term care or treatment
facilities as described in ORS 343.961.
(5)
Regional services provided to children with low-incidence disabling conditions
as described in ORS 343.236.
(6)
Early childhood special education provided to preschool children with
disabilities from age three until age of eligibility for kindergarten as described
in ORS 339.185, 343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7)
Early intervention services for preschool children from birth until age three
as described in ORS 339.185, 343.035, 343.041, 343.055, 343.065, 343.157 and
343.455 to 343.534.
(8)
Evaluation services for children with disabilities to determine program
eligibility and needs as described in ORS 343.146.
(9)
Education services to children residing at state hospitals.
(10)
Disadvantaged children program under ORS 343.680.
(11)
Early childhood education under ORS 329.235.
(12)
Child development specialist program under ORS 329.255.
(13)
Youth care centers under ORS 420.885.
(14)
Staff development and mentoring.
(15)
Career and technical education grants.
(16)
Special science education programs.
(17)
Talented and Gifted children program under ORS 343.391 to 343.413. [1991 c.780 §5;
1993 c.45 §292; 1999 c.989 §33; 2001 c.900 §240; 2007 c.70 §92; 2007 c.858 §30;
2009 c.94 §2; 2009 c.562 §21; 2011 c.313 §3; 2011 c.701 §5]
327.024 [1957
c.612 §9 (enacted in lieu of 327.020); 1959 c.388 §3; 1965 c.100 §20;
renumbered 327.063]
327.025
[Repealed by 1957 c.612 §3 (327.028 enacted in lieu of 327.025)]
327.026 State School Fund grant for
programs; calculation; adjustment; rules. (1) In
order to accomplish the purpose described in ORS 326.700, 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 the Youth Corrections Education Program, as defined in ORS
326.695, and the Juvenile Detention Education Program, as defined in ORS
326.695, equivalent to students enrolled in common and union high school
districts for purposes of distribution of the fund.
(2)(a)
The Youth Corrections Education Program shall be entitled to receive from the
State School Fund for each school year a special State School Fund grant,
consisting of a general purpose grant that is equal to the Youth Corrections
Education Program ADM multiplied by 2.0 multiplied by the additional per
student weight, as calculated in ORS 327.013 (1)(c)(A)(i),
multiplied by Funding Percentage and further multiplied by Statewide Target per
ADMw Grant.
(b)
Notwithstanding paragraph (a) of this subsection, the Youth Corrections
Education Program may not receive moneys under this section from the State
School Fund for any youth in the program who:
(A)
Has received a high school diploma; or
(B)
Is 21 years of age or older.
(3)
The Juvenile Detention Education Program shall be entitled to receive from the
State School Fund for each school year a special State School Fund grant,
consisting of a general purpose grant that is equal to the Juvenile Detention
Education Program ADM multiplied by 1.5 multiplied by Funding Percentage and
further multiplied by Statewide Target per ADMw
Grant.
(4)
Funds allocated to the Youth Corrections Education Program and the Juvenile
Detention Education Program from the State School Fund shall remain with the
Department of Education and shall be adjusted in the year following the
distribution to reflect the actual ADMw of students
in the Youth Corrections Education Program and the Juvenile Detention Education
Program in the same manner as for the school districts under ORS 327.101. [1995
c.649 §7; 1997 c.821 §17; 2001 c.681 §5; 2007 c.839 §17; 2009 c.698 §12]
327.028 [1957
c.612 §4 (enacted in lieu of 327.025); 1957 c.708 §5; 1959 c.388 §4; 1965 c.100
§22; renumbered 327.075]
327.030
[Repealed by 1957 c.612 §18]
327.032
[Formerly 327.070; 1965 c.100 §28; renumbered 327.103]
327.033 Approved transportation costs;
expenditure limitations. (1) Approved transportation
costs shall be estimated for the year of distribution.
(2)
In determining approved transportation costs, the State Board of Education:
(a)
Shall include depreciation of original cost to the school district of
district-owned buses, not in excess of 10 percent per year; and
(b)
Shall include the costs to retrofit, as defined in ORS 468A.795, or to replace
school buses for the purpose of reducing or eliminating diesel engine
emissions, except that the board may not include the costs paid with moneys
received from the state by a school district from the Clean Diesel Engine Fund
under ORS 468A.801 (2)(a) to retrofit or to replace school buses for the
purpose of reducing or eliminating diesel engine emissions.
(3)
School districts shall account separately for those funds received from the
State School Fund attributable to the costs included under subsection (2) of
this section, and expenditure of those funds shall be limited as follows:
(a)
The expenditure of funds attributable to costs under subsection (2)(a) of this
section shall be limited to the acquisition of new buses.
(b)
The expenditure of funds attributable to costs under subsection (2)(b) of this
section shall be limited to the costs to retrofit, as defined in ORS 468A.795,
or to replace school buses for the purpose of reducing or eliminating diesel
engine emissions. [1991 c.780 §7a; 2007 c.855 §3; 2009 c.458 §1]
327.035
[Amended by 1953 c.108 §3; 1957 c.612 §10; 1959 c.388 §5; 1963 c.142 §2; 1965
c.100 §17; 1965 c.323 §1; 1971 c.107 §1; repealed by 1991 c.780 §30]
327.038 [1957 s.s. c.2 §3; repealed by 1959 c.388 §15]
327.040
[Repealed by 1957 c.612 §18]
327.042 [1957
c.708 §§2,3; 1959 c.388 §6; 1963 c.570 §1d; 1965 c.100 §18; 1969 c.625 §2; 1971
c.21 §1; 1971 c.107 §2; 1973 c.750 §4; 1977 c.840 §2; repealed by 1991 c.780 §30]
327.043 When district required to provide
transportation; waiver. (1) A school district is
required to provide transportation for elementary students who reside more than
one mile from school and for secondary school students who reside more than 1.5
miles from school. A district is also required to provide transportation for
any student identified in a supplemental plan approved by the State Board of
Education.
(2)
Notwithstanding subsection (1) of this section, the State Board of Education
may waive the requirement to provide transportation for secondary school students
who reside more than 1.5 miles from school. A district must present to the
board a plan providing or identifying suitable and sufficient alternate modes
of transporting secondary school students. [1991 c.780 §7]
327.045
[Repealed by 1957 c.626 §1]
327.046 [1961
c.502 §10; repealed by 1963 c.570 §33]
327.047 [1997
c.821 §9; repealed by 2003 c.715 §41]
327.048 [1961
c.502 §6; repealed by 1963 c.570 §33]
327.049 [1985
c.555 §9; repealed by 1991 c.780 §30]
327.050
[Amended by 1957 c.612 §11; repealed by 1963 c.570 §33]
327.051 [1997
c.821 §8; repealed by 2003 c.715 §41]
327.052 [1961
c.408 §1; repealed by 1963 c.570 §33]
327.053 [1965
c.100 §18a; 1973 c.750 §5; 1977 c.840 §3; 1981 c.899 §1; 1985 c.555 §10; 1989
c.216 §2; repealed by 1991 c.780 §30]
327.055
[Repealed by 1963 c.570 §33]
327.056 [1977
c.840 §4; repealed by 1989 c.216 §1]
327.057 [1957
c.556 §11; repealed by 1963 c.570 §33]
327.058 [1959
c.528 §§4,11; 1961 c.500 §1; repealed by 1963 c.570 §33]
327.059
[Formerly 327.018; 1969 c.625 §3; 1971 c.21 §2; 1973 c.750 §6; 1977 c.840 §5;
1981 c.899 §2; repealed by 1991 c.780 §30]
327.060
[Amended by 1955 c.766 §1; repealed by 1963 c.570 §33]
327.061 Computation of number of students
in average daily membership. (1) Numbers
of students in average daily membership used in the distribution formula as
specified in ORS 327.013 (1)(c), shall be projections of the average daily
membership in the school district for the school year ending on June 30 of the
distribution year. The Department of Education shall verify all projections
used for purposes of the distribution formula.
(2)
The department shall use information from the Department of Revenue under ORS
311.175 as the basis for determining projected school district property taxes.
The department shall request relevant information from the school districts to
enable the department to estimate the amount each school district shall receive
from the State School Fund. The department shall provide this estimate no later
than the first Monday in March of each year for the distribution for the
following fiscal year.
(3)
Except as provided in subsection (4) of this section, a school district may
appeal to the department any projection verified by the department under
subsection (1) of this section. The department shall rule on the appeal in a
timely manner and if necessary issue a revised estimate of the amount each
school district shall receive from the State School Fund no later than the last
Friday in March.
(4)
A school district may not appeal any projection verified under subsection (1)
of this section if the school district failed to provide information requested
by the department under subsection (2) of this section.
(5)
Notwithstanding the dates provided by this section and pursuant to rules
adopted by the State Board of Education, the Superintendent of Public
Instruction may specify an alternative date to provide an estimate or revised
estimate if a human-created disaster or a natural disaster affects the ability
of the Department of Education to provide the estimate or revised estimate by
the date specified by this section. [1991 c.780 §11; 1993 c.18 §88; 2009 c.184 §2;
2009 c.698 §13]
327.062 [1955
c.103 §2; repealed by 1963 c.570 §33]
327.063
[Formerly 327.024; 1969 c.270 §1; 1969 c.625 §4; 1971 c.107 §3; 1973 c.750 §7;
1977 c.840 §6; 1979 c.259 §2; 1981 c.804 §96; repealed by 1991 c.780 §30]
327.065
[Amended by 1953 c.444 §11; 1953 c.711 §4; 1955 c.766 §2; 1957 c.328 §1; 1959
c.397 §1; 1961 c.537 §1; repealed by 1963 c.570 §33]
327.067 [1957
c.219 §3; 1961 c.537 §2; repealed by 1963 c.570 §33]
327.068 [1957
c.642 §§4,7; 1959 c.388 §7; repealed by 1963 c.570 §33]
327.069 [1957
c.620 §1; 1959 c.388 §8; 1961 c.625 §1; part renumbered 330.630; repealed by
1963 c.570 §33]
327.070
[Amended by 1957 c.658 §3; renumbered 327.032 and then 327.103]
327.071 [1977
c.840 §7a; repealed by 1983 c.610 §8]
327.072
[Amended by 1957 c.612 §12; 1963 c.570 §4; 1965 c.100 §21; 1969 c.625 §5; 1973
c.750 §8; repealed by 1991 c.780 §30]
327.074
[Amended by 1965 c.100 §26; renumbered 327.097]
327.075
[Formerly 327.028; 1969 c.625 §6; 1977 c.840 §7; 1979 c.277 §7; 1991 c.780 §14;
1993 c.61 §6; repealed by 1993 c.690 §6]
327.076
[Repealed by 1965 c.100 §456]
327.077 Remote small elementary school and
small high school determination; effect; waiver.
(1) For purposes of this section:
(a)
The “adjusted average daily membership” or “ADMa” for
an elementary school is the average daily membership for the school, but no
less than 25.
(b)
The “adjusted average daily membership” or “ADMa” for
a high school is the average daily membership for the school, but no less than
60.
(2)
A school may qualify as a remote small elementary school if the average daily
membership in grades one through eight for an elementary school teaching:
(a)
Eight grades is below 224.
(b)
Seven grades is below 196.
(c)
Six grades is below 168.
(d)
Five grades is below 140.
(e)
Four grades is below 112.
(f)
Three grades is below 84.
(g)
Two grades is below 56.
(h)
One grade is below 28.
(3)
A school may qualify as a small high school if:
(a)
The school is in a school district that has an ADMw
of less than 8,500; and
(b)
The average daily membership in grades 9 through 12 for a high school teaching:
(A)
Four grades is below 350.
(B)
Three grades is below 267.
(4)
An elementary school does not qualify as a remote small elementary school under
subsection (2) of this section if it is within eight miles by the nearest
traveled road from another elementary school in the same school district unless
there are physiographic conditions that make transportation to another school
not feasible.
(5)(a)
If an elementary school in a school district qualifies as a remote small
elementary school, the district shall have an additional amount added to the
district’s ADMw.
(b)
The additional amount = {224 − (ADMa ¸
(number of grades in the school ¸
eight))} ´0.0045
´ ADMa ´
distance adjustment.
(6)(a)
If a high school in a district qualifies as a small high school, the district
shall have an additional amount added to the district’s ADMw.
(b)
The additional amount = {350 − (ADMa ¸
(number of grades in the school ¸
four))} ´0.0029
´ ADMa.
(7)
The distance adjustment for an elementary school = 0.025 for each 10th of a
mile more than eight miles that a school is away from the nearest elementary
school in the same school district measured by the nearest traveled road or
1.0, whichever is less.
(8)(a)
A school may qualify as a remote small elementary school under this section
only if the location of the school has not changed since January 1, 1995, and
if the school qualified as a remote small school on August 2, 2011.
(b)
A school may qualify as a small high school under this section only if:
(A)
The location of the school has not changed since January 1, 1995;
(B)
The school qualified as a small high school on July 23, 2009; and
(C)
On or after October 23, 1999, and prior to July 23, 2009, the school was not
part of a high school that divided or otherwise reorganized into two or more
high schools in the same city.
(c)
A public charter school as defined in ORS 338.005 may qualify as a remote small
elementary school under this section only if the location of the school has not
changed since January 1, 1995, and if the school qualified as a remote small
school on August 2, 2011.
(d)
A public charter school as defined in ORS 338.005 may qualify as a small high
school under this section only if the location of the school has not changed
since January 1, 1995, and if the school qualified as a nonchartered
public remote small school on July 18, 1995.
(e)
The Superintendent of Public Instruction may waive the requirements of
paragraph (a), (b), (c) or (d) of this subsection if the superintendent
determines that exceptional circumstances exist.
(f)
An alternative education program as defined in ORS 336.615 may not qualify as a
small high school under this section.
(9)
The opening of a public charter school shall not disqualify a school as a
remote small elementary school under subsection (4) of this section or change
the distance adjustment for a school under subsection (7) of this section.
(10)(a)
Notwithstanding subsections (3), (6) and (8)(b) and (d) of this section, if two
high schools merge and prior to the merger at least one of the high schools
qualified as a small high school under this section, the Department of
Education shall continue to add an additional amount pursuant to subsection (6)
of this section to the ADMw of the school district in
which the new merged high school is located that is equal to the higher of:
(A)
The additional amount the school district of each of the former small high
schools would have received under this section for the small high school based
on the ADMa of each of the high schools prior to the
merger; or
(B)
In the case of a high school that remains qualified as a small high school
under subsection (3) of this section after a merger, the ADMa
of the merged small high school.
(b)
The department shall add the additional amount under this subsection only for
the first four fiscal years after the merger of the two high schools is final.
If the merger of the two high schools becomes final on or before September 1,
for purposes of this paragraph the merger shall be considered final in the
prior fiscal year. [1995 c.649 §2; 1999 c.200 §27; 1999 c.1066 §22; 2003 c.715 §32;
2009 c.705 §§5,7; 2009 c.800 §1; 2011 c.710 §§1,2]
Note 1: The
amendments to 327.077 by section 7, chapter 705, Oregon Laws 2009, become
operative July 1, 2012. See section 8, chapter 705, Oregon Laws 2009. The text
that is operative until July 1, 2012, including amendments by section 1,
chapter 710, Oregon Laws 2011, is set forth for the user’s convenience.
327.077. (1)
For purposes of this section:
(a)
The “adjusted average daily membership” or “ADMa” for
an elementary school is the average daily membership for the school, but no
less than 25.
(b)
The “adjusted average daily membership” or “ADMa” for
a high school is the average daily membership for the school, but no less than
60.
(2)
A school may qualify as a remote small elementary school if the average daily
membership in grades one through eight for an elementary school teaching:
(a)
Eight grades is below 224.
(b)
Seven grades is below 196.
(c)
Six grades is below 168.
(d)
Five grades is below 140.
(e)
Four grades is below 112.
(f)
Three grades is below 84.
(g)
Two grades is below 56.
(h)
One grade is below 28.
(3)
A school may qualify as a small high school if:
(a)
The school is in a school district that has an ADMw
of less than 8,500; and
(b)
The average daily membership in grades 9 through 12 for a high school teaching:
(A)
Four grades is below 350.
(B)
Three grades is below 267.
(4)
An elementary school does not qualify as a remote small elementary school under
subsection (2) of this section if it is within eight miles by the nearest traveled
road from another elementary school in the same school district unless there
are physiographic conditions that make transportation to another school not
feasible.
(5)(a)
If an elementary school in a school district qualifies as a remote small
elementary school, the district shall have an additional amount added to the
district’s ADMw.
(b)
The additional amount = {224 − (ADMa ¸
(number of grades in the school ¸
eight))} ´0.0045
´ ADMa ´
distance adjustment.
(6)(a)
If a high school in a district qualifies as a small high school, the district
shall have an additional amount added to the district’s ADMw.
(b)
The additional amount = {350 − (ADMa ¸
(number of grades in the school ¸
four))} ´0.0029
´ ADMa.
(7)
The distance adjustment for an elementary school = 0.025 for each 10th of a
mile more than eight miles that a school is away from the nearest elementary
school in the same school district measured by the nearest traveled road or
1.0, whichever is less.
(8)(a)
A school may qualify as a remote small elementary school under this section
only if the location of the school has not changed since January 1, 1995, and
if the school qualified as a remote small school on August 2, 2011.
(b)
A school may qualify as a small high school under this section only if:
(A)
The location of the school has not changed since January 1, 1995;
(B)
The school qualified as a small high school on July 23, 2009; and
(C)
On or after October 23, 1999, and prior to July 23, 2009, the school was not
part of a high school that divided or otherwise reorganized into two or more
high schools in the same city.
(c)
A public charter school as defined in ORS 338.005 may qualify as a remote small
elementary school under this section only if the location of the school has not
changed since January 1, 1995, and if the school qualified as a remote small
school on August 2, 2011.
(d)
A public charter school as defined in ORS 338.005 may qualify as a small high
school under this section only if the location of the school has not changed
since January 1, 1995, and if the school qualified as a nonchartered
public remote small school on July 18, 1995.
(e)
The Superintendent of Public Instruction may waive the requirements of
paragraph (a), (b), (c) or (d) of this subsection if the superintendent
determines that exceptional circumstances exist.
(f)
An alternative education program as defined in ORS 336.615 may not qualify as a
small high school under this section.
(9)
The opening of a public charter school shall not disqualify a school as a
remote small elementary school under subsection (4) of this section or change
the distance adjustment for a school under subsection (7) of this section.
(10)(a)
Notwithstanding subsections (2), (4), (5) and (8)(a) and (c) of this section,
if two elementary schools merge and prior to the merger at least one of the
elementary schools qualified as a remote small elementary school under this
section, the Department of Education shall continue to add an additional amount
pursuant to subsection (5) of this section to the ADMw
of the school district in which the new merged elementary school is located.
The amount added under this subsection shall equal the additional amount that
each of the former remote small elementary schools would have received under
this section for the remote small elementary school based on the ADMa of each of the elementary schools prior to the merger.
(b)
This subsection applies only to elementary schools located in counties with a
population of less than 2,000 and a total area of not more than 1,000 square
miles.
(11)(a)
Notwithstanding subsections (3), (6) and (8)(b) and (d) of this section, if two
high schools merge and prior to the merger at least one of the high schools
qualified as a small high school under this section, the Department of
Education shall continue to add an additional amount pursuant to subsection (6)
of this section to the ADMw of the school district in
which the new merged high school is located that is equal to the higher of:
(A)
The additional amount the school district of each of the former small high
schools would have received under this section for the small high school based
on the ADMa of each of the high schools prior to the
merger; or
(B)
In the case of a high school that remains qualified as a small high school
under subsection (3) of this section after a merger, the ADMa
of the merged small high school.
(b)
The department shall add the additional amount under this subsection only for
the first four fiscal years after the merger of the two high schools is final.
If the merger of the two high schools becomes final on or before September 1,
for purposes of this paragraph the merger shall be considered final in the
prior fiscal year.
Note 2: The
amendments to 327.077 by section 8, chapter 704, Oregon Laws 2011, become
operative July 1, 2015. See section 14, chapter 704, Oregon Laws 2011. The text
that is operative on and after July 1, 2015, is set forth for the user’s
convenience.
327.077. (1)
For purposes of this section:
(a)
The “adjusted average daily membership” or “ADMa” for
an elementary school is the average daily membership for the school, but no
less than 25.
(b)
The “adjusted average daily membership” or “ADMa” for
a high school is the average daily membership for the school, but no less than
60.
(2)(a)
A school may qualify as a remote small elementary school if the average daily
membership in kindergarten through grade eight for an elementary school
teaching:
(A)
Nine grades is below 252.
(B)
Eight grades is below 224.
(C)
Seven grades is below 196.
(D)
Six grades is below 168.
(E)
Five grades is below 140.
(F)
Four grades is below 112.
(G)
Three grades is below 84.
(H)
Two grades is below 56.
(I)
One grade is below 28.
(b)
For purposes of this subsection, kindergarten may be included in the
calculation for determining the number of grades at an elementary school only
if the kindergarten is full-day kindergarten.
(3)
A school may qualify as a small high school if:
(a)
The school is in a school district that has an ADMw
of less than 8,500; and
(b)
The average daily membership in grades 9 through 12 for a high school teaching:
(A)
Four grades is below 350.
(B)
Three grades is below 267.
(4)
An elementary school does not qualify as a remote small elementary school under
subsection (2) of this section if it is within eight miles by the nearest
traveled road from another elementary school in the same school district unless
there are physiographic conditions that make transportation to another school
not feasible.
(5)(a)
If an elementary school in a school district qualifies as a remote small
elementary school, the district shall have an additional amount added to the
district’s ADMw.
(b)
The additional amount = {252 − (ADMa ¸
(number of grades in the school ¸
nine))} ´0.0045
´ ADMa ´
distance adjustment.
(6)(a)
If a high school in a district qualifies as a small high school, the district
shall have an additional amount added to the district’s ADMw.
(b)
The additional amount = {350 − (ADMa ¸
(number of grades in the school ¸
four))} ´0.0029
´ ADMa.
(7)
The distance adjustment for an elementary school = 0.025 for each 10th of a
mile more than eight miles that a school is away from the nearest elementary
school in the same school district measured by the nearest traveled road or
1.0, whichever is less.
(8)(a)
A school may qualify as a remote small elementary school under this section
only if the location of the school has not changed since January 1, 1995, and
if the school qualified as a remote small school on August 2, 2011.
(b)
A school may qualify as a small high school under this section only if:
(A)
The location of the school has not changed since January 1, 1995;
(B)
The school qualified as a small high school on July 23, 2009; and
(C)
On or after October 23, 1999, and prior to July 23, 2009, the school was not
part of a high school that divided or otherwise reorganized into two or more
high schools in the same city.
(c)
A public charter school as defined in ORS 338.005 may qualify as a remote small
elementary school under this section only if the location of the school has not
changed since January 1, 1995, and if the school qualified as a remote small
school on August 2, 2011.
(d)
A public charter school as defined in ORS 338.005 may qualify as a small high
school under this section only if the location of the school has not changed
since January 1, 1995, and if the school qualified as a nonchartered
public remote small school on July 18, 1995.
(e)
The Superintendent of Public Instruction may waive the requirements of
paragraph (a), (b), (c) or (d) of this subsection if the superintendent
determines that exceptional circumstances exist.
(f)
An alternative education program as defined in ORS 336.615 may not qualify as a
small high school under this section.
(9)
The opening of a public charter school shall not disqualify a school as a
remote small elementary school under subsection (4) of this section or change
the distance adjustment for a school under subsection (7) of this section.
(10)(a)
Notwithstanding subsections (3), (6) and (8)(b) and (d) of this section, if two
high schools merge and prior to the merger at least one of the high schools
qualified as a small high school under this section, the Department of
Education shall continue to add an additional amount pursuant to subsection (6)
of this section to the ADMw of the school district in
which the new merged high school is located that is equal to the higher of:
(A)
The additional amount the school district of each of the former small high
schools would have received under this section for the small high school based
on the ADMa of each of the high schools prior to the
merger; or
(B)
In the case of a high school that remains qualified as a small high school
under subsection (3) of this section after a merger, the ADMa
of the merged small high school.
(b)
The department shall add the additional amount under this subsection only for
the first four fiscal years after the merger of the two high schools is final.
If the merger of the two high schools becomes final on or before September 1,
for purposes of this paragraph the merger shall be considered final in the
prior fiscal year.
327.080
[Amended by 1957 c.612 §13; 1963 c.570 §5; repealed by 1965 c.100 §456]
327.081 [1993
c.61 §14; 1995 c.649 §5; repealed by 2001 c.695 §38]
327.082 Kindergarten apportionment.
(1) School districts which operate kindergartens that conform to the standards
and rules adopted by the State Board of Education shall be eligible for
apportionments from the State School Fund on the basis of resident average
daily membership in the kindergartens.
(2)
The apportionments shall be paid in the same manner as other apportionments
from the State School Fund are paid. Computation of the amounts due each
district operating a kindergarten shall be made by the Superintendent of Public
Instruction pursuant to rules of the State Board of Education. The rules shall
establish a method of computation that is consistent with the method of computation
of other apportionments from the State School Fund. [1973 c.707 §6]
Note:
327.082 is repealed July 1, 2015. See sections 13 and 14, chapter 704, Oregon
Laws 2011.
327.085
[Repealed by 1957 c.612 §6 (327.018 enacted in lieu of 327.085)]
327.090
[Amended by 1959 c.388 §10; 1963 c.570 §6; 1965 c.100 §27; repealed by 1991
c.780 §30]
327.091 [1957
c.626 §8; repealed by 1963 c.570 §33]
327.092 [1957
c.626 §9; repealed by 1963 c.570 §33]
327.093 [1957
c.626 §10; repealed by 1963 c.570 §33]
327.094
[Subsections (1) and (2) enacted as 1957 c.626 §13; subsection (3) of 1957
Replacement Part enacted as 1957 s.s. c.2 §4(3); 1959
c.388 §11; 1963 c.570 §7; 1965 c.100 §25; subsection (4) enacted as 1971 c.22 §3;
1989 c.456 §1; repealed by 1991 c.780 §30]
327.095 Percentages and time of payment of
apportionments to school districts. (1)(a) Except
as provided in paragraph (b) of this subsection, funds due school districts
under ORS 327.008 and 327.013 shall be paid approximately 16-2/3 percent on
July 15, approximately eight and one-third percent on the 15th day of each of
the months of August, September, October, November, December, January,
February, March and April and the balance on May 15. An equitable apportionment
based on the most recent data available shall be made on the installment dates
prior to May 15. If such payments are too high or too low, appropriate
adjustments shall be made in the May 15 payments.
(b)
Pursuant to rules adopted by the State Board of Education, the Superintendent
of Public Instruction may specify an alternative date for making an
apportionment if a human-created disaster or a natural disaster affects the
ability of the Department of Education to make an apportionment by a specified
date.
(2)(a)
Except as provided in paragraph (b) of this subsection, if the reports required
by ORS 327.133 have not been received from a school district when due, no
further apportionments shall be made to the school district until the reports
are filed.
(b)
Pursuant to rules adopted by the State Board of Education, the Superintendent
of Public Instruction may waive a reporting date or specify an alternative date
for providing reports if a human-created disaster or a natural disaster affects
the ability of the school district to provide the reports by a specified date.
(3)
If the combined estimated level of ADMw under ORS
327.013 (1)(c) of all school districts is less than the statewide projected
level of ADMw, the Department of Education may:
(a)
Adjust the distributions to school districts on the installment dates to
reflect the difference; and
(b)
Set aside an amount of the funds appropriated to the State School Fund for the
fiscal year until the May 15 distribution. [Amended by 1953 c.108 §3; 1957
c.612 §14; 1959 c.388 §12; 1965 c.100 §24; 1975 c.196 §1; 1977 c.280 §1; 1977
c.840 §8; 1981 c.678 §9; 1983 c.610 §7; 1991 c.780 §16; 1997 c.821 §18; 2002
s.s.1 c.4 §1; 2002 s.s.4 c.1 §1; 2009 c.184 §3; 2009 c.698 §14]
327.097 Apportionment where district
changed. Where any territorial or organizational
change in a school district has occurred between the date of the report and the
apportionment, the Superintendent of Public Instruction shall make the payment
on an equitable basis to the districts the territory or organization of which
has been changed. [Formerly 327.074]
327.099 Adjustment of distribution within
fiscal year. (1) The Department of Education shall
adjust the distribution to a school district to reflect the difference between
the estimated level of local revenues to the district under ORS 327.011 and the
projected level of those same local revenues used to calculate the State School
Fund apportionment to the district. The adjustment shall be incorporated in the
May 15 apportionment to the district in the distribution year.
(2)
The department shall adjust the May 15 apportionment to a school district in
the distribution year to reflect an ADMw of the
district equal to the higher of the ADMw of the prior
year or the adjusted ADMw for the December quarter.
Adjusted ADMw for the December quarter shall equal:
(a)
ADMw as determined by the department from information
provided in the December quarterly report for the current distribution year
filed with the department under ORS 327.133;
(b)
Multiplied by the lesser of 1.0 or the average of the ratios for the preceding
two years of the ADM for the year ending June 30 to the ADM for the quarter
ending December 31 for the same school year as filed under ORS 327.133.
(3)
The sum equal to the sum of all negative adjustments made to the May 15
apportionment under subsection (1) of this section shall be used by the
department for purposes of funding positive adjustments required under
subsection (1) of this section and adjustments required under subsection (2) of
this section.
(4)
The department shall also set aside an amount of the funds appropriated to the
State School Fund for the fiscal year to fund any positive adjustments required
under subsection (1) of this section and adjustments required under subsection
(2) of this section in excess of the amount available under subsection (3) of
this section. The amount set aside shall be as determined by law.
(5)
If the amounts available under subsections (3) and (4) of this section are
either not sufficient to fund the positive adjustments or exceed the positive
adjustments to districts required under subsections (1) and (2) of this section
and the adjustments required under subsection (2) of this section, the
Superintendent of Public Instruction shall recalculate the funding percentage
in ORS 327.013 (1)(a) to distribute as nearly as practicable the total sum
available for distribution. [1991 c.780 §12; 1993 c.61 §7; 2003 c.715 §24; 2005
c.755 §19; 2009 c.698 §15]
327.100
[Repealed by 1963 c.570 §33]
327.101 Adjustment of distribution between
fiscal years. (1) Each fiscal year, the distribution
to a school district under ORS 327.008 and 327.013 shall be adjusted to fully
reflect the difference between the apportionment due to the district for the
prior fiscal year under ORS 327.008 and 327.013, and the amounts actually
distributed to the district in the prior fiscal year under ORS 327.008, 327.013
and 327.099. The adjustment shall be made to the May 15 apportionment to the
district.
(2)
No consideration shall be made in the adjustment made under subsection (1) of
this section for any penalties, forfeitures or additional receipts of State
School Fund moneys, except when expressly directed by law.
(3)
An amount of funds equal to the sum of all negative adjustments made to the May
15 apportionment under subsection (1) of this section shall be used by the
Department of Education for purposes of funding positive adjustments required
under subsection (1) of this section in the same fiscal year.
(4)
If the amounts available under subsection (3) of this section are either not
sufficient or exceed the adjustments to districts required under subsection (1)
of this section, the Superintendent of Public Instruction shall recalculate the
funding percentage in ORS 327.013 (1)(a) to distribute as nearly as practicable
the total sum available for distribution. [1991 c.780 §13; 1993 c.61 §8; 2005
c.209 §4; 2005 c.755 §20; 2009 c.698 §16]
327.102 Standard school complaints;
process; rules. (1) The State Board of Education
shall adopt by rule requirements for the process that a school district must
use when the district receives a complaint pertaining to whether a school in
the district is a standard school as defined in ORS 327.006.
(2)
The rules adopted by the board shall require school districts to establish and
implement a process for the prompt resolution of a complaint and shall require
the process to:
(a)
Have specific timelines for the completion of the process by both the district
and the person making the complaint;
(b)
Have a specific time period within which the district must make a final
decision on a complaint, after which the final decision on the complaint may be
appealed to the Superintendent of Public Instruction; and
(c)
Recognize that if a district does not provide a written decision within the
specific time period, failure to provide such a decision will be regarded as
the district’s final decision. [2007 c.519 §1]
Note:
327.102 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 327 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
327.103 Standard school presumed; effect
of finding of deficiency; rules. (1) All
school districts are presumed to maintain a standard school district until the
school district has been found to be deficient by the Superintendent of Public
Instruction, pursuant to standards and rules of the State Board of Education.
(2)
If any deficiencies are not corrected before the beginning of the school year
next following the date of the finding of deficiency and if an extension has
not been granted under subsection (3) of this section, the Superintendent of
Public Instruction may withhold portions of State School Fund moneys otherwise
allocated to the school district for operating expenses until such deficiencies
are corrected unless the withholding would create an undue hardship, as
determined pursuant to rules of the State Board of Education.
(3)(a)
Within 90 days of the finding of deficiency, a school district found not to be
in compliance shall submit a plan, acceptable to the Superintendent of Public
Instruction, for meeting standardization requirements. A team of Department of
Education staff shall contact the school district and offer technical
assistance. When an acceptable plan for meeting standardization requirements
has been submitted, the Superintendent of Public Instruction may allow an
extension of time before withholding moneys, not to exceed 12 months, if the
superintendent determines that such deficiencies cannot be corrected or removed
before the beginning of the next school year.
(b)
Notwithstanding paragraph (a) of this subsection, the Superintendent of Public
Instruction may not grant an extension of time if a school district could
correct the deficiency through merger.
(c)
For the period of the extension of time under this subsection, the school
district shall be considered a conditionally standard school district.
(4)(a)
Regardless of whether the Superintendent of Public Instruction has granted a
school district an extension of time under subsection (3) of this section and
except as provided in paragraph (b) of this subsection, a school district that
fails to submit a plan for meeting standardization requirements within the time
specified by the superintendent may not receive further State School Fund
moneys until a plan acceptable to the superintendent is submitted.
(b)
Pursuant to rules adopted by the State Board of Education, the Superintendent
of Public Instruction may extend the time specified for submitting a plan if
the superintendent determines that a human-created disaster or a natural
disaster affects the ability of the school district to comply with the date
requirement. [Formerly 327.032; 1989 c.491 §5; 1991 c.693 §32; 1995 c.660 §47a;
2003 c.390 §§1,3; 2009 c.184 §4]
327.105
[Repealed by 1963 c.570 §33]
327.106 School districts required to offer
kindergarten through grade 12; exceptions. (1)
Any school district that does not offer education programs in kindergarten
through grade 12 on and after July 1, 1997, shall be considered nonstandard
under ORS 327.103.
(2)
This section shall not apply to any school district not required to merge under
section 2 (3) or (4), chapter 393, Oregon Laws 1991.
(3)
Notwithstanding subsection (1) of this section, a school district shall not be
considered to be nonstandard under ORS 327.103 if:
(a)
The school district offered education programs in kindergarten through grade 12
on September 1, 1996;
(b)
After September 1, 1996, a majority of the board of the school district voted
not to offer education programs in grades 9 through 12; and
(c)
The school district merges with a unified school district and the merger takes
effect under ORS 330.103 within one year after the vote of the board under
paragraph (b) of this subsection. [1991 c.393 §3; 1995 c.659 §2; 1997 c.521 §13]
Note: The
amendments to 327.106 by section 4, chapter 704, Oregon Laws 2011, become
operative July 1, 2015, and first apply to the 2015-2016 school year. See
sections 6 and 14, chapter 704, Oregon Laws 2011. The text that is operative on
and after July 1, 2015, is set forth for the user’s convenience.
327.106. (1)
Any school district that does not offer education programs in kindergarten
through grade 12 shall be considered nonstandard under ORS 327.103. A school
district may satisfy the requirements of this section by offering half-day
kindergarten or full-day kindergarten.
(2)
Notwithstanding subsection (1) of this section, a school district is not
considered to be nonstandard under ORS 327.103 if the school district:
(a)
Is not required to merge under section 2 (3) or (4), chapter 393, Oregon Laws
1991.
(b)
Meets all of the following requirements:
(A)
The school district offered education programs in kindergarten through grade 12
on September 1, 1996;
(B)
After September 1, 1996, a majority of the board of the school district voted
not to offer education programs in grades 9 through 12; and
(C)
The school district merges with a unified school district and the merger takes
effect under ORS 330.103 within one year after the vote of the board under this
paragraph.
(c)
Is a union high school district, as defined in ORS 330.005.
Note:
327.106 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 327 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
327.109 Procedure if school district or
charter school alleged to be involved in religious activity; complaint, investigation,
finding; effect. (1) Upon receipt from a citizen
of Oregon of a complaint that on its face is colorable that a school district
or public charter school sponsors, financially supports or is actively involved
with religious activity, the Superintendent of Public Instruction or the
superintendent’s designated representative shall undertake promptly a
preliminary investigation of the facts alleged in the complaint.
(2)
If, after the preliminary investigation, the superintendent finds that there is
a substantial basis to believe that the school district or public charter
school sponsors, financially supports or is actively involved with religious
activity, the superintendent shall:
(a)
In the case of a school district:
(A)
Notify the complainant and the school district;
(B)
Withhold immediately all funds due the school district under ORS 327.095; and
(C)
Schedule a contested case hearing to be conducted in accordance with ORS
183.413 to 183.470.
(b)
In the case of a public charter school:
(A)
Notify the complainant, the public charter school, the school district in which
the public charter school is located and the sponsor of the public charter
school;
(B)
Withhold immediately all funds for the public charter school that, pursuant to
ORS 338.155, are due under ORS 327.095 to the school district in which the
public charter school is located;
(C)
Order the school district in which the public charter school is located to
withhold immediately all funds due the public charter school under ORS 338.155;
and
(D)
Schedule a contested case hearing to be conducted in accordance with ORS
183.413 to 183.470.
(3)(a)
In the case of a school district if, after the preliminary investigation, the
superintendent finds that there is no substantial basis to believe that the school
district sponsors, financially supports or is actively involved with religious
activity, the superintendent shall notify the complainant and the district of
that finding and shall not withhold funds due the district under ORS 327.095 or
schedule a hearing.
(b)
In the case of a public charter school if, after the preliminary investigation,
the superintendent finds that there is no substantial basis to believe that the
public charter school sponsors, financially supports or is actively involved
with religious activity, the superintendent shall notify the complainant, the
public charter school, the school district in which the public charter school
is located and the sponsor of the public charter school of that finding and
shall not schedule a hearing or withhold funds for the public charter school
that, pursuant to ORS 338.155, are due under ORS 327.095 to the school district
in which the public charter school is located. The superintendent shall also
order the school district in which the public charter school is located not to
withhold funds due the public charter school under ORS 338.155.
(4)
During the preliminary investigation, the school district or public charter
school shall cooperate to a reasonable degree with the superintendent and
provide any evidence that the superintendent considers necessary for the
investigation. If the school district or public charter school fails or refuses
to cooperate to a reasonable degree with the superintendent during the
investigation, the superintendent shall presume that there is a substantial
basis to believe that the school district or public charter school sponsors,
financially supports or is actively involved with religious activity and shall
proceed as provided in subsection (2) of this section.
(5)
If the superintendent makes a finding under subsection (2) or (4) of this
section, the school district or public charter school shall receive no funds
under ORS 327.095 or 338.155 from the date of the superintendent’s finding
until the superintendent finds that the school district or public charter
school is no longer sponsoring, financially supporting or actively involved
with religious activity.
(6)
The funds withheld under this section shall be held in an escrow account and
shall be removed from that account only as follows:
(a)
If the superintendent determines, after a contested case hearing, or a court on
appeal rules, that the school district or public charter school never
sponsored, financially supported or was actively involved with religious
activity, the entire amount, including interest thereon, in the escrow account
shall be released to the school district or public charter school.
(b)
If the superintendent determines, after a contested case hearing, or a court on
appeal rules, that the school district or public charter school sponsored,
financially supported or was actively involved with religious activity in the
past but has ceased to do so, that portion of the amount, including interest
thereon, in the escrow account that accrued to the school district or public
charter school after the school district or public charter school ceased the
proscribed conduct shall be paid to the school district or public charter
school. Any amount, including interest thereon, permanently withheld from the
school district or public charter school shall revert to the State School Fund
or to the General Fund, if the biennium has ended.
(c)
If the school district or public charter school does not cease the proscribed
conduct by the beginning of the next school year, the superintendent shall
notify the State Treasurer who shall cause the amount in the escrow account,
including interest thereon, to revert to the State School Fund or to the
General Fund, if the biennium has ended.
(7)
If the superintendent schedules a contested case hearing, as provided in
subsection (2) of this section, the superintendent may conduct such further
investigation of the facts relevant to the complaint as the superintendent
considers necessary. In conducting the investigation, the superintendent shall
have the power of subpoena to compel production of documents and attendance of
witnesses at depositions and may do all things necessary to secure a full and
thorough investigation.
(8)
If a person or school district or public charter school fails to comply with
any subpoena issued under subsection (7) of this section, a judge of the
circuit court of any county, on application of the superintendent, shall compel
obedience by proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from circuit court. [1985 c.584 §2; 1999
c.200 §28; 2005 c.209 §5]
327.110
[Amended by 1955 c.537 §1; repealed by 1957 c.322 §1]
327.115
[Amended by 1955 c.385 §1; 1959 c.388 §13; repealed by 1963 c.570 §33]
327.120 Correction of errors in
apportionments. The Superintendent of Public
Instruction may correct, in a succeeding year, any errors in apportionment by
the withholding of the amount of an overapportionment
or by the payment of an underapportionment from funds
to be apportioned.
327.125 Superintendent to administer
statutes related to state financing of education; board rules.
The Superintendent of Public Instruction shall administer the provisions of ORS
327.006 to 327.133, 327.348 and 327.731. The State Board of Education shall
adopt all necessary rules not inconsistent with ORS 327.006 to 327.133, 327.348
and 327.731 to carry into effect the provisions of those statutes. [Amended by
1963 c.570 §8; 1965 c.100 §29; 1989 c.491 §6; 1991 c.780 §17; 2007 c.846 §14]
Note: The amendments
to 327.125 by section 14, chapter 846, Oregon Laws 2007, become operative June
30, 2012. See section 19, chapter 846, Oregon Laws 2007. The text that is
operative until June 30, 2012, is set forth for the user’s convenience.
327.125. The
Superintendent of Public Instruction shall administer the provisions of ORS
327.006 to 327.133, 327.348, 327.355, 327.357, 327.360 and 327.731. The State
Board of Education shall adopt all necessary rules not inconsistent with ORS
327.006 to 327.133, 327.348, 327.355, 327.357, 327.360 and 327.731 to carry
into effect the provisions of those statutes.
327.130
[Repealed by 1965 c.100 §456]
327.133 Reports by districts.
(1)(a) Except as provided in paragraph (b) of this subsection, each school
district, other than an education service district, shall file with the
Superintendent of Public Instruction:
(A)
By July 15 of each year, an annual report covering the school year ending on
the preceding June 30; and
(B)
By January 15, of each year, a December quarterly report covering the quarter
of the current school year commencing October 1 and ending December 31.
(b)
Pursuant to rules adopted by the State Board of Education, the Superintendent
of Public Instruction may waive a reporting date or specify an alternative date
for filing a report if a human-created disaster or a natural disaster affects
the ability of the school district to file a report by the specified date.
(2)
Each such report shall show the average daily membership of resident pupils of
the school district for the period covered and shall also contain such other
information as the Superintendent of Public Instruction may require. [Formerly
327.200; 1973 c.750 §9; 2009 c.184 §5]
327.135
[Amended by 1955 c.660 §27; 1957 c.612 §15; repealed by 1963 c.570 §33]
327.137 Audit reports filed with
department; effect of failure to file or insufficiency of report.
(1) Every common or union high school district or education service district
shall file a copy of its audit report with the Department of Education within
six months of the end of the fiscal year for which the audit is required. If
the audit report, as submitted to the district, fails to provide the detail
necessary for the computation required in the administration of ORS 327.006 to
327.133, 327.348, 327.731, 328.542 and 530.115 and this section, the district
shall submit the necessary information on forms provided by the department
within the time prescribed for filing the audit in this section. Any district
failing to file a copy of its audit report under this section or ORS 327.133
shall not receive any payments from the State School Fund until such reports
are filed.
(2)
Notwithstanding the timeline provided by this section and pursuant to rules
adopted by the State Board of Education, the Superintendent of Public
Instruction may waive a reporting date or specify an alternative date to
provide the audit report or information if a human-created disaster or a
natural disaster affects the ability of a school district or an education
service district to provide the audit report or information by a specified
date. [1965 c.199 §1; 1977 c.840 §9; 1989 c.491 §7; 1991 c.780 §18; 2005 c.209 §6;
2007 c.846 §15; 2009 c.184 §§6,7; 2011 c.316 §§3,4]
Note: The
amendments to 327.137 by section 15, chapter 846, Oregon Laws 2007, become
operative June 30, 2012. See section 19, chapter 846, Oregon Laws 2007. The
text that is operative until June 30, 2012, including amendments by section 3,
chapter 316, Oregon Laws 2011, is set forth for the user’s convenience.
327.137. (1)
Every common or union high school district or education service district shall
file a copy of its audit report with the Department of Education within six
months of the end of the fiscal year for which the audit is required. If the
audit report, as submitted to the district, fails to provide the detail
necessary for the computation required in the administration of ORS 327.006 to
327.133, 327.348, 327.355, 327.357, 327.360, 327.731, 328.542 and 530.115 and
this section, the district shall submit the necessary information on forms
provided by the department within the time prescribed for filing the audit in
this section. Any district failing to file a copy of its audit report under
this section or ORS 327.133 shall not receive any payments from the State
School Fund until such reports are filed.
(2)
Notwithstanding the timeline provided by this section and pursuant to rules
adopted by the State Board of Education, the Superintendent of Public
Instruction may waive a reporting date or specify an alternative date to
provide the audit report or information if a human-created disaster or a
natural disaster affects the ability of a school district or an education
service district to provide the audit report or information by a specified
date.
327.140 [Amended
by 1955 c.314 §1; 1957 c.612 §17; repealed by 1963 c.570 §33]
327.141 Financial or performance audit
initiated by department; contracts for audit; costs.
(1)(a) Based on factors identified by the State Board of Education by rule, the
Department of Education may initiate a financial audit or a performance audit
of a school district or an education service district.
(b)
Prior to initiating an audit, the Department of Education shall:
(A)
Give notice to the school district or the education service district of the
department’s intent to initiate the audit; and
(B)
Provide the school district or the education service district with the
opportunity to provide to the department any information related to the subject
of the audit.
(c)
Following the review of any information provided under paragraph (b) of this
subsection, the department may:
(A)
Decline to proceed with the audit; or
(B)
Cause the audit to be conducted.
(2)
For the purpose of causing an audit to be conducted as authorized by this
section, the department may enter into a contract with:
(a)
The Secretary of State in accordance with ORS 297.210; or
(b)
If the Secretary of State is unable or unwilling to conduct the audit, a
private entity.
(3)(a)
If the Secretary of State conducts the audit, the school district or education
service district may be charged for a portion of the costs incurred for the
audit as provided by ORS 297.210.
(b)
If a private entity conducts an audit, the Department of Education may charge
the school district or education service district for a portion of the costs
incurred for the audit.
(4)
A copy of an audit conducted as provided by this section must be forwarded to
the Department of Education and to any other entity identified by the
department in accordance with rules adopted by the State Board of Education. [2011
c.647 §1]
Note:
327.141 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 327 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
327.145
[Amended by 1957 c.626 §4; repealed by 1963 c.570 §33]
327.147 Increased allocation when union
high school district becomes common school district.
(1) When a union high school district becomes a common school district, as
described in ORS 335.505, the common school district shall be entitled to an
increased allocation, based on the total average daily membership, as defined
in ORS 327.006, of the new common school district as follows:
(a)
An additional 15 percent in the first year of operation as a common school
district;
(b)
An additional 10 percent in the second year of operation as a common school
district; and
(c)
An additional five percent in the third year of operation as a common school
district.
(2)
The amounts authorized by this section shall be computed based on the
computation of the affected district’s allocation of moneys from the State
School Fund but shall be payable from funds specifically appropriated for the
purposes of this section. [1989 c.969 §1]
327.150
[Amended by 1955 c.314 §2; repealed by 1963 c.570 §33]
327.152 Increased allocation when certain
merger occurs. (1) If a school district responsible
for education in kindergarten through grade 12, that does not operate a high
school, merges with a district providing education in kindergarten through
grade 12, the district providing the education shall be entitled to an
increased allocation, based on the average daily membership of the former
district, as follows:
(a)
An additional 15 percent in the first year of operation of the merged district;
(b)
An additional 10 percent in the second year of operation of the merged
district; and
(c)
An additional five percent in the third year of operation of the merged
district.
(2)
The amounts authorized by this section shall be computed based on the
computation of the affected district’s allocation of moneys from the State
School Fund but shall be payable from funds specifically appropriated for the
purposes of this section. [1989 c.969 §2]
327.155
[Repealed by 1955 c.314 §3]
327.157 Minimum apportionment to school
districts affected or not affected by ORS 327.147 and 327.152.
(1) Subject to the limits of funds appropriated for the implementation of ORS
327.147 and 327.152, a school district shall not be apportioned less for its
average daily membership for any year subsequent to the 1989-1990 fiscal year
than was estimated for the 1989-1990 fiscal year.
(2)
If the funds appropriated for the implementation of ORS 327.147 and 327.152 are
insufficient to meet the obligations incurred under ORS 327.147 and 327.152,
each district eligible to receive funds under ORS 327.147 or 327.152 shall
receive its pro rata share of the funds available for the implementation of ORS
327.147 and 327.152. [1989 c.969 §4]
327.160
[Repealed by 1963 c.570 §33]
327.200 [1957
c.612 §16; 1959 c.388 §14; 1965 c.100 §23; renumbered 327.133]
327.202 [1989
c.971 §1; repealed by 1991 c.459 §448]
327.205
[Repealed by 1957 c.626 §1]
327.207 [1989
c.971 §2; repealed by 1991 c.459 §448]
327.210
[Repealed by 1957 c.626 §1]
327.212 [1989
c.971 §3; repealed by 1991 c.459 §448]
327.215
[Repealed by 1957 c.626 §1]
327.217 [1989
c.971 §4; repealed by 1991 c.459 §448]
327.220
[Repealed by 1957 c.626 §1]
327.225 [Repealed
by 1957 c.626 §1]
327.230
[Repealed by 1957 c.626 §1]
327.255
[Repealed by 1957 c.626 §1]
327.260
[Repealed by 1957 c.626 §1]
327.265
[Repealed by 1957 c.626 §1]
327.270
[Repealed by 1957 c.626 §1]
327.275
[Repealed by 1957 c.626 §1]
327.280
[Repealed by 1957 c.626 §1]
327.285
[Repealed by 1957 c.626 §1]
GRANTS TO DISTRICTS AND PROGRAMS
(School Improvement Grants)
327.290 Legislative findings relating to
student achievement. The Legislative Assembly finds
that:
(1)
The state has an interest in ensuring that public resources for primary and
secondary schools are used to achieve the outcomes established under the Oregon
Educational Act for the 21st Century in ORS chapter 329.
(2)
To achieve that purpose, the School Improvement Fund is established so the
state may support activities directly related to increases in student
achievement while still allowing school districts and education service
districts flexibility in determining the specific activities necessary to
support students.
(3)
It is the intent of the state in establishing the School Improvement Fund to
link these activities to the recommendations of the Quality Education
Commission established under Executive Order 99-16 and the recommendations of
the Quality Education Commission established under ORS 327.500. [2001 c.794 §1;
2001 c.794 §1a; 2007 c.578 §3]
327.294 School Improvement Fund.
(1) There is established the School Improvement Fund, separate and distinct
from the General Fund. Interest earned by the School Improvement Fund shall be
credited to the fund.
(2)
The moneys in the fund are continuously appropriated to the Department of
Education for purposes of the grant program created by ORS 327.297.
(3)
Each fiscal year, the department shall distribute:
(a)
95.25 percent of the moneys in the fund as grants to school districts, the
Youth Corrections Education Program and the Juvenile Detention Education
Program; and
(b)
4.75 percent of the moneys in the fund as grants to education service
districts. [2001 c.794 §2; 2007 c.578 §2]
327.297 Grants for activities related to student
achievement; rules. (1) In addition to those moneys
distributed through the State School Fund, the Department of Education shall
award grants to school districts, education service districts, the Youth
Corrections Education Program and the Juvenile Detention Education Program for
activities that relate to increases in student achievement, including:
(a)
Early childhood support including establishing, maintaining or expanding
quality prekindergarten programs and full-day kindergarten programs;
(b)
Class size reduction with an emphasis on the reduction of kindergarten through
grade three class sizes;
(c)
Increases in instructional time including summer programs and before- and
after-school programs;
(d)
Mentoring, teacher retention and professional development;
(e)
Remediation, alternative learning and student retention;
(f)
Services to at-risk youth;
(g)
Programs to improve a student achievement gap between student groups identified
by culture, poverty, language and race and other student groups;
(h)
Vocational education programs;
(i) Literacy programs;
(j)
School library programs; and
(k)
Other research-based student improvement strategies approved by the State Board
of Education.
(2)(a)
Each school district, each education service district, the Youth Corrections
Education Program and the Juvenile Detention Education Program may apply to the
Department of Education for a grant.
(b)
The department shall review and approve applications based on criteria
established by the State Board of Education. In establishing the criteria, the
State Board of Education shall consider the recommendations of the Quality
Education Commission established under ORS 327.500.
(c)
The applications shall include the activities to be funded and the goals of the
district or program for increases in student performance. The applications
shall become part of the local district continuous improvement plan described
in ORS 329.095.
(3)(a)
Notwithstanding ORS 338.155 (9), the Department of Education may not award a
grant under this section directly to a public charter school.
(b)
A school district that receives a grant under this section may transfer a
portion of the grant to a public charter school based on the charter of the
school or any other agreement between the school district and the public
charter school.
(c)
A public charter school that receives grant funds under this subsection shall
use those funds for the activities specified in subsection (1) of this section.
(4)(a)
The amount of each grant for a program or school district = the program’s or
school district’s ADMw ´
(the total amount available for distribution to programs and school districts
as grants in each fiscal year ¸
the total ADMw of all programs and school districts
that receive a grant).
(b)
The amount of each grant for an education service district = the education
service district’s ADMw ´ (the
total amount available for distribution to education service districts as
grants in each fiscal year ¸
the total ADMw of all education service districts
that receive a grant).
(c)
As used in this subsection, “ADMw” means:
(A)
For a school district, the extended weighted average daily membership as
calculated under ORS 327.013, 338.155 (1) and 338.165 (2);
(B)
For the Youth Corrections Education Program, the average daily membership as
defined in ORS 327.006 multiplied by 2.0;
(C)
For the Juvenile Detention Education Program, the average daily membership as
defined in ORS 327.006 multiplied by 1.5; and
(D)
For an education service district, the sum of the ADMw
of the school districts located within the territory of the education service
district.
(5)
Each district or program shall deposit the grant amounts it receives under this
section in a separate account, and shall apply amounts in that account to pay
for activities described in the district’s or program’s application.
(6)
The State Board of Education may adopt any rules necessary for the
administration of the grant program. [2001 c.794 §3; 2001 c.794 §3c; 2005 c.22 §231;
2007 c.578 §1; 2007 c.858 §30a; 2009 c.840 §1; 2011 c.313 §4; 2011 c.443 §5;
2011 c.705 §18]
Note: The
amendments to 327.297 by section 9, chapter 704, Oregon Laws 2011, become
operative July 1, 2015. See section 14, chapter 704, Oregon Laws 2011. The text
that is operative on and after July 1, 2015, is set forth for the user’s
convenience.
327.297. (1) In
addition to those moneys distributed through the State School Fund, the
Department of Education shall award grants to school districts, education
service districts, the Youth Corrections Education Program and the Juvenile
Detention Education Program for activities that relate to increases in student
achievement, including:
(a)
Early childhood support including establishing, maintaining or expanding
quality prekindergarten programs;
(b)
Class size reduction with an emphasis on the reduction of kindergarten through
grade three class sizes;
(c)
Increases in instructional time including summer programs and before- and after-school
programs;