2015 Oregon Revised Statutes
Volume : 09 - Education and Culture
Chapter 334 - Education Service Districts
Section 334.177 - Expenditure of percentage of amounts received on services.

(1) As used in this section, "local revenues of an education service district" has the meaning given that term in ORS 327.019 but does not include any local revenues distributed under ORS 327.019 (8).

(2) An education service district board shall expend at least 90 percent of all amounts received from the State School Fund and at least 90 percent of all amounts considered to be local revenues of an education service district on services or programs that have been approved by the component school districts of the education service district through the resolution process described in ORS 334.175.

(3)(a) Notwithstanding subsection (2) of this section, the school district board of a school district that is located in a region described in ORS 334.013 (1)(a), (e) or (i) may request in writing that a percentage of the amounts identified in subsection (2) of this section be distributed to the school district for any purpose identified by the school district board.

(b) A school district board that makes a request under paragraph (a) of this subsection:

(A) Must make the request to the education service district board by November 1 of the year prior to the school year for which the request is being made; and

(B) Must designate the percentage of the amounts identified in subsection (2) of this section that will be distributed to the school district.

(c) The education service district board:

(A) Shall approve a request submitted as provided by this subsection; and

(B) Shall determine the amounts attributable to the school district and eligible for distribution based on the weighted average daily membership (ADMw) of the school district for which the request was made.

(d) For each school year for which a school district receives a distribution as provided by this subsection:

(A) The school district may act only in an advisory capacity for decisions made in relation to the governance of the education service district if the school district board designates a percentage under paragraph (a) of this subsection that is greater than 50 percent but less than 100 percent; and

(B) Notwithstanding ORS 334.015 and 334.019, the school district shall be considered to have withdrawn from the education service district in the manner provided by ORS 334.015 if the school district board designates a percentage under paragraph (a) of this subsection that is 100 percent.

(4) An education service district board shall expend 100 percent of all amounts received from the School Improvement Fund on services or programs that have been approved by the component school districts of the education service district through the resolution process described in ORS 334.175.

(5) The expenditure requirements of this section apply only to amounts retained by the education service district after making any distributions required under ORS 327.019 (9).

[2001 c.695 §27; 2001 c.695 §29; 2007 c.578 §4; 2009 c.705 §1; 2011 c.705 §11; 2013 c.751 §§1,3,5]

Note: The amendments to 334.177 by section 5, chapter 751, Oregon Laws 2015, become operative July 1, 2016, and first apply to expenditures occurring for the 2016-2017 school year. See section 6, chapter 751, Oregon Laws 2015. The text that is operative until July 1, 2016, is set forth for the user’s convenience.
(1) As used in this section, "local revenues of an education service district" has the meaning given that term in ORS 327.019 but does not include any local revenues distributed under ORS 327.019 (8).

(2) An education service district board shall expend at least 90 percent of all amounts received from the State School Fund and at least 90 percent of all amounts considered to be local revenues of an education service district on services or programs that have been approved by the component school districts of the education service district through the resolution process described in ORS 334.175.

(3)(a) Notwithstanding subsection (2) of this section, the school district board of a school district that is located in a region described in ORS 334.013 (1)(a), (e) or (i) may request in writing that a percentage of the amounts identified in subsection (2) of this section be distributed to the school district for any purpose identified by the school district board. The percentage requested as provided by this paragraph may not exceed:

(A) Seventy-five percent of all amounts received from the State School Fund and attributable to the school district and 75 percent of all amounts considered to be local revenues of the education service district and attributable to the school district; or

(B) Eighty-five percent of all amounts received from the State School Fund and attributable to the school district and 85 percent of all amounts considered to be local revenues of the education service district and attributable to the school district, if the school district board is able to provide evidence that the school district meets the expenditure requirement described in paragraph (b) of this subsection.

(b) A school district board may request the percentage identified in paragraph (a)(B) of this subsection if the school district expends at least the difference between paragraph (a)(B) of this subsection and paragraph (a)(A) of this subsection on services from one or more education service districts other than the education service district in which the school district is located.

(c) A school district board that makes a request under paragraph (a) of this subsection:

(A) Must make the request to the education service district board by November 1 of the year prior to the school year for which the request is being made; and

(B) Must designate the percentage of the amounts identified in subsection (2) of this section that will be distributed to the school district.

(d) The education service district board:

(A) Shall approve a request submitted as provided by this subsection; and

(B) Shall determine the amounts attributable to the school district and eligible for distribution based on the weighted average daily membership (ADMw) of the school district for which the request was made.

(e) For each school year for which a school district receives a distribution as provided by this subsection, the school district may act only in an advisory capacity for decisions made in relation to the governance of the education service district if the school district board designates a percentage under paragraph (a) of this subsection that is greater than 50 percent.

(4) An education service district board shall expend 100 percent of all amounts received from the School Improvement Fund on services or programs that have been approved by the component school districts of the education service district through the resolution process described in ORS 334.175.

(5) The expenditure requirements of this section apply only to amounts retained by the education service district after making any distributions required under ORS 327.019 (9).

Note: Section 9, chapter 751, Oregon Laws 2013, provides:

Sec. 9. Legislative report. Representatives of the education service districts of the regions identified in ORS 334.177 (3)(a) and representatives of any school districts that make a request for a distribution of amounts as provided in ORS 334.177 (3) shall submit a report to the interim legislative committees related to education no later than November 1, 2016.

[2013 c.751 §9]