Oregon Chapter 327
Chapter 327 — State Financing of Elementary and Secondary EducationDownload Full 2005 Oregon Revised Statutes (coming soon!)
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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
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
(
327.355 Definitions
for ORS 327.357
327.357 Small
school district grants; rules
327.360
(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
(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
(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
(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
(1) General Purpose Grant =
(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,
327.013. The
(1) General Purpose Grant =
(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.