There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 9, Chapters 326 - 365
ORS Chapter 327
- 327.005 [Repealed by 1957 c.612 1 (327.006 enacted in lieu of 327.005)]
- 327.006 Definitions.
- Note 1:
- 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:
- 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.
- 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.
- 327.009 Transfers from State School Fund to Regional Educational Services Account.
- 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.
- 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.
- 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.
- 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.
- 327.023 Grants for special and compensatory education programs.
- 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.
- 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.
- 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.
- 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.
- 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.
- Note 1:
- 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:
- 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.
- 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.
- 327.097 Apportionment where district changed.
- 327.099 Adjustment of distribution within fiscal year.
- 327.100 [Repealed by 1963 c.570 33]
- 327.101 Adjustment of distribution between fiscal years.
- 327.102 Standard school complaints; process; rules.
- 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.
- 327.105 [Repealed by 1963 c.570 33]
- 327.106 School districts required to offer kindergarten through grade 12; exceptions.
- 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.
- 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.
- 327.125 Superintendent to administer statutes related to state financing of education; board rules.
- 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.
- 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.
- 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.
- 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.
- 327.150 [Amended by 1955 c.314 2; repealed by 1963 c.570 33]
- 327.152 Increased allocation when certain merger occurs.
- 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.
- 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.
- 327.294 School Improvement Fund.
- 327.297 Grants for activities related to student achievement; rules.
- 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; (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. (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.
- 327.333 Policy on provision of grants to school districts.
- 327.336 Qualifications; amount.
- 327.339 Local Option Equalization Grants Account; grant payments.
- 327.345 Grants for training English as second language teachers; qualifications; use; rules.
- 327.348 High Cost Disabilities Account; grants; approved costs; rules.
- Note: Sections 1 and 3, chapter 54, Oregon Laws 2010, provide:
- Sec. 1.
- Sec. 3.
- 327.355 [2005 c.803 4; repealed by 2007 c.846 18]
- Note: 327.355 is repealed June 30, 2012. See sections 18 and 19, chapter 846, Oregon Laws 2007. 327.355 (2009 Edition) is set forth for the user s convenience.
- 327.355 Definitions for ORS 327.357.
- 327.357 [2005 c.803 5; repealed by 2007 c.846 18]
- Note: 327.357 is repealed June 30, 2012. See sections 18 and 19, chapter 846, Oregon Laws 2007. 327.357 (2009 Edition) is set forth for the user s convenience.
- 327.357 Small school district grants; rules.
- 327.360 [2005 c.803 3; repealed by 2007 c.846 18]
- Note: 327.360 is repealed June 30, 2012. See sections 18 and 19, chapter 846, Oregon Laws 2007. 327.360 (2009 Edition) is set forth for the user s convenience.
- 327.360 Small School District Supplement Fund.
- 327.365 Automated external defibrillator grants; rules.
- 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.
- 327.415 [Amended by 1963 c.544 16; 1965 c.100 33; 1971 c.294 1; repealed by 2005 c.412 3]
- 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.
- 327.483 [1963 c.570 32a; repealed by 1965 c.100 456]
- 327.484 Reimbursement for loss or failure to earn four percent interest.
- 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.
- 327.497 Legislative findings.
- 327.500 Establishment; membership; staff.
- 327.502 Officers; quorum; meetings.
- 327.505 [Repealed by 1965 c.100 456]
- 327.506 Quality education goals; duties; report.
- 327.510 [Repealed by 1965 c.100 456] MISCELLANEOUS (Budget and Accounting System)
- 327.511 Uniform budget and accounting system.
- 327.515 [Repealed by 1965 c.100 456] (Food Programs)
- 327.520 Acceptance and distribution of donated commodities to schools.
- 327.523 [1975 c.87 1; repealed 1981 c.784 38]
- 327.525 School Lunch Revolving Account.
- 327.527 Summer lunch reimbursement; rules.
- 327.530 [Repealed by 1965 c.100 456]
- 327.535 School breakfast program; waiver; district election based on federal funding; reimbursement.
- 327.540 School afterschool meal and snack program; grants.
- Note: 327.540 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.
- 327.555 [1953 c.273 2; repealed by 1959 c.654 3]
- 327.560 [1953 c.273 3; repealed by 1959 c.654 3]
- 327.565 [1953 c.273 4; repealed by 1959 c.654 3]
- 327.570 [1953 c.273 5; repealed by 1959 c.654 3]
- 327.575 [1953 c.273 6; repealed by 1959 c.654 3]
- 327.605 [Amended by 1959 c.654 1; 1961 c.624 5; repealed by 1965 c.100 456]
- 327.610 [Repealed by 1965 c.100 456] (Federal Aid to Education)
- 327.615 State Treasurer as trustee of funds.
- 327.620 Review of accounts affecting federal funds.
- 327.625 [Repealed by 1965 c.100 456]
- 327.630 [Amended by 1961 c.624 6; repealed by 1965 c.100 456]
- 327.635 Labor standards required on federally financed school construction.
- 327.640 [Repealed by 1965 c.100 456] (Financing of State and Federal Requirements)
- 327.645 Financing of programs mandated by state and federal programs.
- 327.655 [Amended by 1961 c.624 7; repealed by 1965 c.100 456]
- 327.660 [1963 c.570 2; 1965 c.100 41; 1983 c.740 100; repealed by 1985 c.388 3] 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.
- 327.715 [1997 c.612 5; repealed by 1999 c.44 29]
- 327.718 [1997 c.612 6; repealed by 1999 c.44 29]
- 327.721 [1997 c.612 7; repealed by 1999 c.44 29]
- 327.724 [1997 c.612 8,8a; repealed by 1999 c.44 29]
- 327.727 [1997 c.612 8c; repealed by 1999 c.44 29]
- 327.731 Education project grants; use; amount.
- 327.736 [1997 c.874 1; repealed by 1999 c.44 29]
- 327.990 [Amended by 1957 c.626 5; repealed by 1965 c.100 456] _______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.