Oregon Chapter 327

Chapter 327 — State Financing of Elementary and Secondary Education

Download Full 2005 Oregon Revised Statutes (coming soon!)
Download Full 2007 Oregon Revised Statutes (coming soon!)

View 2005 version of these codes

Chapter 327 — State Financing of Elementary and Secondary Education

 

2007 EDITION

 

STATE FINANCING OF EDUCATION

 

EDUCATION AND CULTURE

 

STATE SCHOOL FUND

 

327.006     Definitions

 

327.008     State School Fund; State School Fund grants

 

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

 

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

 

Note          Effect of reopening remote small elementary school--1993 c.61 §12

 

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 ORS 327.006 to 327.133, 327.348, 327.355, 327.357, 327.360 and 327.731; board rules

 

327.133     Reports by districts

 

327.137     Audit statements filed with department; effect of failure to file or insufficiency of statement

 

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; evaluation; 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)

 

327.355     Definitions for ORS 327.357

 

327.357     Small school district grants; rules

 

327.360     Small School District Supplement Fund

 

(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

 

(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, 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, Standard 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 attends school in the district with the written consent of the affected school district boards.

      (b) A pupil shall not be 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 shall not be 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 an agreement with another school district under ORS 339.133 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]

 

      Note: 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 on and after June 30, 2012, 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.

      (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, Standard 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 attends school in the district with the written consent of the affected school district boards.

      (b) A pupil shall not be 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 shall not be 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 an agreement with another school district under ORS 339.133 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, 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 327.013.

      (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) 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.

      (5) Numbers of students in average daily membership used in the distribution formula shall be the numbers as of June of the year of distribution.

      (6) 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.

      (7) 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.

      (8) 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.

      (9) 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.

      (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 for the talented and gifted program under ORS 343.391 to 343.413.

      (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.858 §44]

 

      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 on and after June 30, 2012, 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, 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 327.013.

      (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) 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.

      (5) Numbers of students in average daily membership used in the distribution formula shall be the numbers as of June of the year of distribution.

      (6) 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.

      (7) 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.

      (8) 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.

      (9) 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.

      (10) 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.

      (11) Each biennium, the Department of Education may expend up to $350,000 from the State School Fund for the talented and gifted program under ORS 343.391 to 343.413.

      (12) 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 20, chapter 839, Oregon Laws 2007, provides:

      Sec. 20. Notwithstanding ORS 327.008, for the biennium beginning July 1, 2007:

      (1) The Department of Education may:

      (a) Expend up to $140,000 from the State School Fund for the collection of data from school districts on physical education under section 1 of this 2007 Act [329.498].

      (b) Expend up to $860,000 from the State School Fund for the purpose of awarding grants to school districts and public charter schools for physical education under section 10 of this 2007 Act [329.501].

      (c) Transfer $200,000 from the State School Fund to the Office of the Governor for the purpose of providing staff support to the Education System Design Team under section 15 of this 2007 Act.

      (d) Expend up to $150,000 from the State School Fund for the provision of staff support to the Quality Education Commission under ORS 327.500.

      (e) Expend up to $5,205,456 from the State School Fund for youth in the Youth Corrections Education Program who:

      (A) Have received their high school diplomas; or

      (B) Are 21 years of age or older.

      (2) There is transferred to the Oregon Virtual School District Fund from the State School Fund the amount of $1,800,598. [2007 c.839 §20]

 

      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]

 

      327.012 [Repealed by 1957 c.626 §1]

 

      327.013 State School Fund distribution computations for school districts. The State School Fund distributions for school districts shall be computed as follows:

      (1) General Purpose Grant = Funding Percentage ´ Target Grant ´ District extended ADMw.

      (2) The funding percentage shall be calculated by the Superintendent of Public Instruction to distribute as nearly as practicable the total sum available for distribution of money.

      (3) Target Grant = Statewide Target per ADMw Grant + Teacher Experience Factor.

      (4) Statewide Target per ADMw Grant = $4,500.

      (5) Teacher Experience Factor = $25 ´ {District average teacher experience statewide average teacher experience}. “Average teacher experience” means the average, in years, of teaching experience of certified teachers as reported to the Department of Education.

      (6) District extended ADMw = ADMw or ADMw of the prior year, whichever is greater.

      (7)(a) Weighted average daily membership or ADMw = average daily membership + an additional amount computed as follows:

      (A) 1.0 for each student in average daily membership eligible for special education as a child with a disability under ORS 343.035, applicable to not to exceed 11 percent of the district’s ADM without review and approval of the Department of Education. Children with disabilities eligible for special education in adult local correctional facilities as defined in ORS 169.005 or adult regional correctional facilities as defined in ORS 169.620 may not be included in the calculation of the 11 percent.

      (B) 0.5 for each student in average daily membership eligible for and enrolled in an English as a second language program under ORS 336.079.

      (C) 0.2 for each student in average daily membership enrolled in a union high school district or in an area of a unified school district where the district is only responsible for educating students in grades 9 through 12 in that area.

      (D) 0.1 for each student in average daily membership enrolled in an elementary district operating kindergarten through grade 6 or kindergarten through grade 8 or in an area of a unified school district where the district is only responsible for educating students in kindergarten through grade 8.

      (E) 0.25 times the sum of the following:

      (i) The number of children 5 to 17 years of age in poverty families in the district, as determined by the Department of Education from a report of the federal Department of Education based on the most recent federal decennial census, as adjusted by the school district’s proportion of students in the county receiving free or reduced price lunches under the United States Department of Agriculture’s current Income Eligibility Guidelines if the number is higher than the number determined from census data and only if the school district had an average daily membership of 2,500 or less for the 1995-1996 school year, and as further adjusted by the number of students in average daily membership in June of the year of distribution divided by number of students in average daily membership in the district, or its predecessors, in June of the year of the most recent federal decennial census;

      (ii) The number of children in foster homes in the district as determined by the report of the Department of Human Services to the federal Department of Education, “Annual Statistical Report on Children in Foster Homes and Children in Families Receiving AFDC Payments in Excess of the Poverty Income Level,” or its successor, for October 31 of the year prior to the year of distribution; and

      (iii) The number of children in the district in state-recognized facilities for neglected and delinquent children, based on information from the Department of Human Services for October 31 of the year prior to the year of distribution.

      (F) An additional amount as determined by ORS 327.077 shall be added to the ADMw for each remote small elementary school and for each small high school in the district.

      (G) All numbers of children used for the computation in this section must reflect any district consolidations that have occurred since the numbers were compiled.

      (b) The total additional weight that shall be assigned to any student in average daily membership in a district, exclusive of students described in paragraph (a)(E) and (F) of this subsection shall not exceed 2.0.

      (8) High cost disabilities grant = the total amount received by a school district under ORS 327.348, for providing special education and related services to resident pupils with disabilities.

      (9)(a) Transportation grant equals:

      (A) 70 percent of approved transportation costs for those school districts ranked below the 80th percentile under paragraph (b) of this subsection.

      (B) 80 percent of approved transportation costs for those school districts ranked in or above the 80th percentile but below the 90th percentile under paragraph (b) of this subsection.

      (C) 90 percent of approved transportation costs for those school districts ranked in or above the 90th percentile under paragraph (b) of this subsection.

      (b) Each fiscal year, the Department of Education shall rank school districts based on the approved transportation costs per ADM of each school district, ranking the school district with the highest approved transportation costs per ADM at the top of the order.

      (10) Local Revenues are the total of the following:

      (a) The amount of revenue offset against local property taxes as determined by the Department of Revenue under ORS 311.175 (3)(a)(A);

      (b) The amount of property taxes actually received by the district including penalties and interest on taxes;

      (c) The amount of revenue received by the district from the Common School Fund under ORS 327.403 to 327.410;

      (d) The amount of revenue received by the district from the county school fund;

      (e) The amount of revenue received by the district from the 25 percent of federal forest reserve revenues required to be distributed to schools by ORS 294.060 (1);

      (f) The amount of revenue received by the district from state managed forestlands under ORS 530.115 (1)(b) and (c);

      (g) Moneys received in lieu of property taxes;

      (h) Federal funds received without specific application by the school district and which are not deemed under federal law to be nonsupplantable;

      (i) Any positive amount obtained by subtracting the operating property taxes actually imposed by the district, based on the rate certified pursuant to ORS 310.060, from the amount that would have been imposed by the district if the district had certified the maximum rate of operating property taxes allowed by law; and

      (j) Any amount distributed to the district in the prior fiscal year under section 4 (3), chapter 695, Oregon Laws 2001, or ORS 327.019 (8).

      (11) Notwithstanding subsection (10) of this section, Local Revenues do not include:

      (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 combined total for the school district of the general purpose grant, the transportation grant, the facility grant and the high cost disabilities grant of the district; or

      (C) $1,000 per district extended ADMw, increased each fiscal year by three percent above the amount allowed per district extended ADMw for the prior fiscal year; and

      (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.

      (12)(a) Facility Grant = 8 percent of total construction costs of new school buildings.

      (b) A school district shall receive a Facility Grant in the distribution year that a new school building is first used.

      (c) As used in this subsection:

      (A) “New school building” includes new school buildings, adding structures onto existing school buildings and adding premanufactured structures to a school district if those buildings or structures are to be used for instructing students.

      (B) “Construction costs” does not include costs for land acquisition.

      (13) Notwithstanding subsection (10)(i) of this section, Local Revenues do not include any amount of operating property tax authority of the district that is:

      (a) Attributable to the suspension of ORS 310.239 by section 1, chapter 4, Oregon Laws 2006; and

      (b) Not actually imposed by the district. [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; 2007 c.70 §90; 2007 c.778 §§1,3]

 

      Note 1: The amendments to 327.013 by section 3, chapter 778, Oregon Laws 2007, become operative July 1, 2008. See section 4, chapter 778, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 2, chapter 4, Oregon Laws 2006, section 90, chapter 70, Oregon Laws 2007, and section 1, chapter 778, Oregon Laws 2007, is set forth for the user’s convenience.

      327.013. The State School Fund distributions for school districts shall be computed as follows:

      (1) General Purpose Grant = Funding Percentage ´ Target Grant ´ District extended ADMw.

      (2) The funding percentage shall be calculated by the Superintendent of Public Instruction to distribute as nearly as practicable the total sum available for distribution of money.

      (3) Target Grant = Statewide Target per ADMw Grant + Teacher Experience Factor.

      (4) Statewide Target per ADMw Grant = $4,500.

      (5) Teacher Experience Factor = $25 ´ {District average teacher experience statewide average teacher experience}. “Average teacher experience” means the average, in years, of teaching experience of certified teachers as reported to the Department of Education.

      (6) District extended ADMw = ADMw or ADMw of the prior year, whichever is greater.