Bill Text: OR HB2437 | 2011 | Regular Session | Introduced

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Bill Title: Relating to funding of school transportation; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2437 Detail]

Download: Oregon-2011-HB2437-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2473

                         House Bill 2437

Sponsored by Representative KOMP (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Revises method of calculating transportation grant from State
School Fund distributions.
  Allows district school board to determine distances for which
school district will provide transportation.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to funding of school transportation; creating new
  provisions; amending ORS 327.006, 327.013 and 327.043; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 327.013 is amended to read:
  327.013. The State School Fund distributions for school
districts include the following grants:
  (1) General Purpose Grant = Funding Percentage X Target Grant X
District extended ADMw. For the purpose of the calculation made
under this subsection:
  (a) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum of money available for distribution.
  (b) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor. For the purpose of the calculation made under
this paragraph:
  (A) Statewide Target per ADMw Grant = $4,500.
  (B) Teacher Experience Factor = $25 X {District average teacher
experience - statewide average teacher experience}.  As used in
this subparagraph, 'average teacher experience' means the
average, in years, of teaching experience of licensed teachers as
reported to the Department of Education.
  (c) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater. For the purpose of this paragraph:
  (A) Weighted average daily membership or ADMw = average daily
membership + an additional amount computed as follows:
  (i) 1.0 for each student in average daily membership eligible
for special education as a child with a disability under ORS
343.035, which may not exceed 11 percent of the district's ADM
without review and approval by the Department of Education.
Children with disabilities eligible for special education in
adult local correctional facilities, as defined in ORS 169.005,
or adult regional correctional facilities, as defined in ORS

169.620, may not be included in the calculation made under this
sub-subparagraph.
  (ii) 0.5 for each student in average daily membership eligible
for and enrolled in an English as a second language program under
ORS 336.079.
  (iii) 0.2 for each student in average daily membership enrolled
in a union high school district or in an area of a unified school
district where the district is only responsible for educating
students in grades 9 through 12 in that area.
  (iv) -0.1 for each student in average daily membership enrolled
in an elementary district operating kindergarten through grade
six or kindergarten through grade eight or in an area of a
unified school district where the district is only responsible
for educating students in kindergarten through grade eight.
  (v) 0.25 times the sum of the following:
  (I) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the United States Department of
Education based on the most recent federal decennial census, as
adjusted by the school district's proportion of students in the
county receiving free or reduced price lunches under the United
States Department of Agriculture's current Income Eligibility
Guidelines if the number is higher than the number determined
from census data and only if the school district had an average
daily membership of 2,500 or less for the 1995-1996 school year,
and as further adjusted by the number of students in average
daily membership in June of the year of distribution divided by
number of students in average daily membership in the district,
or its predecessors, in June of the year of the most recent
federal decennial census;
  (II) The number of children in foster homes in the district as
determined by the report of the Department of Human Services to
the United States Department of Education, 'Annual Statistical
Report on Children in Foster Homes and Children in Families
Receiving AFDC Payments in Excess of the Poverty Income Level, '
or its successor, for October 31 of the year prior to the year of
distribution; and
  (III) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
  (vi) The amount determined under ORS 327.077 for each remote
small elementary school and for each small high school in the
district.
  (B) All numbers of children used for the computation in this
paragraph must reflect any district consolidations that have
occurred since the numbers were compiled.
  (C) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in subparagraph (A)(v) and (vi) of this
paragraph, may not exceed 2.0.
  (2) High cost disabilities grant = the total amount received by
a school district under ORS 327.348 for providing special
education and related services to resident pupils with
disabilities.
    { - (3)(a) Transportation grant equals: - }
    { - (A) 70 percent of approved transportation costs for those
school districts ranked below the 80th percentile under paragraph
(b) of this subsection. - }
    { - (B) 80 percent of approved transportation costs for those
school districts ranked in or above the 80th percentile but below
the 90th percentile under paragraph (b) of this subsection. - }
    { - (C) 90 percent of approved transportation costs for those
school districts ranked in or above the 90th percentile under
paragraph (b) of this subsection. - }
    { - (b) Each fiscal year, the Department of Education shall
rank school districts based on the approved transportation costs
per ADM of each school district, ranking the school district with
the highest approved transportation costs per ADM at the top of
the order. - }
   { +  (3) Transportation Grant = the greater of 75 percent of
approved transportation costs, or 75 percent of approved
transportation costs + an additional percentage of approved
transportation costs. For the purpose of this subsection:
  (a) The amount of the additional percentage of approved
transportation costs, if any, equals the lesser of:
  (A) One percent of approved transportation costs for every five
percent increase in the use of alternative methods of
transportation; or
  (B) Five percent of approved transportation costs.
  (b) Alternative methods of transportation include:
  (A) Public transportation;
  (B) Walking;
  (C) Riding an animal;
  (D) Using a skateboard, roller skates, in-line skates, scooter,
bicycle or similar device; or
  (E) For students requiring transportation for health or safety
reasons, as described in ORS 327.006 (2)(a)(B), transportation
that is not provided by the school district.
  (c) For the purpose of determining whether a school district
has experienced an increase in the use of alternative methods of
transportation, a comparison shall be made by the school district
based on the previous school year. + }
  (4)(a) Facility Grant = 8 percent of total construction costs
of new school buildings.
  (b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
  (c) As used in this subsection:
  (A) 'New school building' includes new school buildings,
structures added onto existing school buildings and
premanufactured structures added to a school district if those
buildings or structures are to be used for instructing students.
  (B) 'Construction costs' does not include costs for land
acquisition.
  SECTION 2.  { + The amendments to ORS 327.013 by section 1 of
this 2011 Act apply to State School Fund distributions commencing
with the 2011-2012 distributions. + }
  SECTION 3. ORS 327.006 is amended to read:
  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  { + and secondary + } school students who
 { - live at least one mile from school - }  { +  reside at a
distance from a school that is equal to or greater than the
distance identified by the district school board as being
reasonable for that school + };
    { - (B) Secondary school students who live at least 1.5 miles
from school; - }
    { - (C) - }   { + (B) + } 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  { + of Education + } identifying students who are
required to be transported for health or safety reasons,
including special education;
    { - (D) - }   { + (C) + } Preschool children with
disabilities requiring transportation for early intervention
services provided pursuant to ORS 343.224 and 343.533;
    { - (E) - }   { + (D) + } Students who require payment of
room and board in lieu of transportation;
    { - (F) - }   { + (E) + } 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) - }   { + (F) + } 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 attends school in the district
with the written consent of the affected school district boards.
  (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 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.
  SECTION 4. ORS 327.006, as amended by section 11, chapter 846,
Oregon Laws 2007, and section 41, chapter 11, Oregon Laws 2009,
is amended to read:
  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  { + and secondary + } school students who
 { - live at least one mile from school - }  { +  reside at a
distance from a school that is equal to or greater than the
distance identified by the district school board as being
reasonable for that school + };
    { - (B) Secondary school students who live at least 1.5 miles
from school; - }
    { - (C) - }   { + (B) + } 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  { + of Education + } identifying students who are
required to be transported for health or safety reasons,
including special education;
    { - (D) - }   { + (C) + } Preschool children with
disabilities requiring transportation for early intervention
services provided pursuant to ORS 343.224 and 343.533;
    { - (E) - }   { + (D) + } Students who require payment of
room and board in lieu of transportation;
    { - (F) - }   { + (E) + } 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) - }   { + (F) + } 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 attends school in the district
with the written consent of the affected school district boards.
  (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 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.
  SECTION 5. ORS 327.043 is amended to read:
  327.043. (1) A school district is required to provide
transportation for elementary  { + and secondary school + }
students who reside   { - more than one mile from school and for
secondary school students who reside more than 1.5 miles from
school - }  { +  at a distance from a school that is equal to or
greater than the distance identified by the district school board
as being reasonable for that school + }. A  { + school + }
district is also required to provide transportation for any
student identified in a supplemental plan approved by the State
Board of Education.
  (2) Notwithstanding subsection (1) of this section, the State
Board of Education may waive the requirement to provide
transportation for secondary school students   { - who reside
more than 1.5 miles from school - } . A  { + school + } district
must present to the board a plan providing or identifying
suitable and sufficient alternate modes of transporting secondary
school students.
  SECTION 6.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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