Bill Text: OR HB2651 | 2011 | Regular Session | Introduced

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Bill Title: Relating to small schools; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2651 Detail]

Download: Oregon-2011-HB2651-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 2152

                         House Bill 2651

Sponsored by Representatives GELSER, HUNT; Representative NOLAN
  (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.

  Establishes requirement that school must be in school district
that has ADMw of more than 150 to qualify as remote small
elementary school or small high school. Allows school to qualify
as remote small elementary school or small high school after
merger between school districts if merged school district has
ADMw of more than 150.
  Excludes from calculation of local revenues any property tax
amounts that are received by school district to fund school that
otherwise would have qualified as remote small elementary school
or small high school if district had ADMw of more than 150.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to small schools; creating new provisions; amending ORS
  327.011 and 327.077; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 327.077 is amended to read:
  327.077. (1) For purposes of this section:
  (a) The 'adjusted average daily membership' or 'ADMa' for an
elementary school is the average daily membership for the school,
but no less than 25.
  (b) The 'adjusted average daily membership' or 'ADMa' for a
high school is the average daily membership for the school, but
no less than 60.
    { - (2) A school may qualify as a remote small elementary
school if the average daily membership in grades one through
eight for an elementary school teaching: - }
    { - (a) Eight grades is below 224. - }
    { - (b) Seven grades is below 196. - }
    { - (c) Six grades is below 168. - }
    { - (d) Five grades is below 140. - }
    { - (e) Four grades is below 112. - }
    { - (f) Three grades is below 84. - }
    { - (g) Two grades is below 56. - }
    { - (h) One grade is below 28. - }
    { - (3) A school may qualify as a small high school if: - }
    { - (a) The school is in a school district that has an ADMw
of less than 8,500; and - }
    { - (b) The average daily membership in grades 9 through 12
for a high school teaching: - }
    { - (A) Four grades is below 350. - }
    { - (B) Three grades is below 267. - }
    { - (4) An elementary school does not qualify as a remote
small elementary school under subsection (2) of this section if
it is within eight miles by the nearest traveled road from
another elementary school unless there are physiographic
conditions that make transportation to another school not
feasible. - }
   { +  (2) A school providing education in a grade or any
combination of grades from grades one through eight may qualify
as a remote small elementary school if the school:
  (a) Is eight miles or more by the nearest traveled road from
another elementary school or if physiographic conditions make
transportation to another elementary school infeasible;
  (b) Is in a school district that has an ADMw of more than 150;
and
  (c) Has an average daily membership below:
  (A) 224, if eight grades are taught at the school;
  (B) 196, if seven grades are taught at the school;
  (C) 168, if six grades are taught at the school;
  (D) 140, if five grades are taught at the school;
  (E) 112, if four grades are taught at the school;
  (F) 84, if three grades are taught at the school;
  (G) 56, if two grades are taught at the school; or
  (H) 28, if one grade is taught at the school.
  (3) A school providing education in grades 9 through 12 or
grades 10 through 12 may qualify as a small high school if the
school:
  (a) Is in a school district that has an ADMw of more than 150
and less than 8,500; and
  (b) Has an average daily membership below:
  (A) 350, if four grades are taught at the school; or
  (B) 267, if three grades are taught at the school. + }
    { - (5)(a) - }   { + (4)(a) + } If an elementary school in a
school district qualifies as a remote small elementary school,
the district shall have an additional amount added to the
district's ADMw.
  (b) The additional amount = {224 - (ADMa :(number of grades in
the school : eight))} X 0.0045 X ADMa X distance adjustment.
    { - (6)(a) - }   { + (5)(a) + } If a high school in a
district qualifies as a small high school, the district shall
have an additional amount added to the district's ADMw.
  (b) The additional amount = {350 - (ADMa :(number of grades in
the school : four))} X 0.0029 X ADMa.
    { - (7) - }   { + (6) + } The distance adjustment for an
elementary school = 0.025 for each 10th of a mile more than eight
miles that a school is away from the nearest elementary school
measured by the nearest traveled road or 1.0, whichever is less.
    { - (8)(a) - }   { + (7)(a) + } A school may qualify as a
remote small elementary school under this section only if the
location of the school has not changed since January 1, 1995, and
if { + :
  (A) + } The school qualified as a remote small
 { + elementary + } school on   { - July 18, 1995. - }  { +  the
effective date of this 2011 Act; or
  (B) The school is in a school district that:
  (i) Merged with another school district;
  (ii) Did not have an ADMw of more than 150 prior to the merger;
and
  (iii) Has an ADMw of more than 150 after the merger. + }
  (b) A school may qualify as a small high school under this
section only if:
  (A) The location of the school has not changed since January 1,
1995;

  (B) The school qualified as a small high school on   { - July
23, 2009 - }  { +  the effective date of this 2011 Act or the
school is in a school district that:
  (i) Merged with another school district;
  (ii) Did not have an ADMw of more than 150 prior to the merger;
and
  (iii) Has an ADMw of more than 150 after the merger + }; and
  (C) On or after October 23, 1999, and prior to July 23, 2009,
the school was not part of a high school that divided or
otherwise reorganized into two or more high schools in the same
city.
  (c) A public charter school as defined in ORS 338.005 may
qualify as a remote small elementary school under this section
only if the location of the school has not changed since January
1, 1995, and if the school qualified as a nonchartered public
remote small  { + elementary + } school on July 18, 1995.
  (d) A public charter school as defined in ORS 338.005 may
qualify as a small high school under this section only if the
location of the school has not changed since January 1, 1995, and
if the school qualified as a nonchartered public remote small
 { +  elementary + } school on July 18, 1995.
  (e) The Superintendent of Public Instruction may waive the
requirements of paragraph (a), (b), (c) or (d) of this subsection
if the superintendent determines that exceptional circumstances
exist.
  (f) An alternative education program as defined in ORS 336.615
may not qualify as a small high school under this section.
    { - (9) - }   { + (8) + } The opening of a public charter
school shall not disqualify a school as a remote small elementary
school under subsection   { - (4) - }   { + (2) + } of this
section or change the distance adjustment for a school under
subsection   { - (7) - }   { + (6) + } of this section.
    { - (10)(a) - }   { + (9)(a) + } Notwithstanding subsections
 { - (2), (4), (5) and (8)(a) and (c) - }   { + (2), (4) and
(7)(a) and (c) + } of this section, if two elementary schools
merge and prior to the merger at least one of the elementary
schools qualified as a remote small elementary school under this
section, the Department of Education shall continue to add an
additional amount pursuant to subsection
  { - (5) - }   { + (4) + } of this section to the ADMw of the
school district in which the new merged elementary school is
located. The amount added under this subsection shall equal the
additional amount that each of the former remote small elementary
schools would have received under this section for the remote
small elementary school based on the ADMa of each of the
elementary schools prior to the merger.
  (b) This subsection applies only to elementary schools located
in counties with a population of less than 2,000 and a total area
of not more than 1,000 square miles.
    { - (11)(a) - }   { + (10)(a) + } Notwithstanding subsections
 { - (3), (6) and (8)(b) and (d) - }   { + (3), (5) and (7)(b)
and (d) + } of this section, if two high schools merge and prior
to the merger at least one of the high schools qualified as a
small high school under this section, the Department of Education
shall continue to add an additional amount pursuant to subsection
 { - (6) - }   { + (5) + } of this section to the ADMw of the
school district in which the new merged high school is located
that is equal to the higher of:
  (A) The additional amount the school district of each of the
former small high schools would have received under this section
for the small high school based on the ADMa of each of the high
schools prior to the merger; or
  (B) In the case of a high school that remains qualified as a
small high school under subsection (3) of this section after a
merger, the ADMa of the merged small high school.

  (b) The department shall add the additional amount under this
subsection only for the first four fiscal years after the merger
of the two high schools is final. If the merger of the two high
schools becomes final on or before September 1, for purposes of
this paragraph the merger shall be considered final in the prior
fiscal year.
  SECTION 2. ORS 327.077, as amended by section 7, chapter 705,
Oregon Laws 2009, is amended to read:
  327.077. (1) For purposes of this section:
  (a) The 'adjusted average daily membership' or 'ADMa' for an
elementary school is the average daily membership for the school,
but no less than 25.
  (b) The 'adjusted average daily membership' or 'ADMa' for a
high school is the average daily membership for the school, but
no less than 60.
    { - (2) A school may qualify as a remote small elementary
school if the average daily membership in grades one through
eight for an elementary school teaching: - }
    { - (a) Eight grades is below 224. - }
    { - (b) Seven grades is below 196. - }
    { - (c) Six grades is below 168. - }
    { - (d) Five grades is below 140. - }
    { - (e) Four grades is below 112. - }
    { - (f) Three grades is below 84. - }
    { - (g) Two grades is below 56. - }
    { - (h) One grade is below 28. - }
    { - (3) A school may qualify as a small high school if: - }
    { - (a) The school is in a school district that has an ADMw
of less than 8,500; and - }
    { - (b) The average daily membership in grades 9 through 12
for a high school teaching: - }
    { - (A) Four grades is below 350. - }
    { - (B) Three grades is below 267. - }
    { - (4) An elementary school does not qualify as a remote
small elementary school under subsection (2) of this section if
it is within eight miles by the nearest traveled road from
another elementary school unless there are physiographic
conditions that make transportation to another school not
feasible. - }
   { +  (2) A school providing education in a grade or any
combination of grades from grades one through eight may qualify
as a remote small elementary school if the school:
  (a) Is eight miles or more by the nearest traveled road from
another elementary school or if physiographic conditions make
transportation to another elementary school infeasible;
  (b) Is in a school district that has an ADMw of more than 150;
and
  (c) Has an average daily membership below:
  (A) 224, if eight grades are taught at the school;
  (B) 196, if seven grades are taught at the school;
  (C) 168, if six grades are taught at the school;
  (D) 140, if five grades are taught at the school;
  (E) 112, if four grades are taught at the school;
  (F) 84, if three grades are taught at the school;
  (G) 56, if two grades are taught at the school; or
  (H) 28, if one grade is taught at the school.
  (3) A school providing education in grades 9 through 12 or
grades 10 through 12 may qualify as a small high school if the
school:
  (a) Is in a school district that has an ADMw of more than 150
and less than 8,500; and
  (b) Has an average daily membership below:
  (A) 350, if four grades are taught at the school; or
  (B) 267, if three grades are taught at the school. + }
    { - (5)(a) - }   { + (4)(a) + } If an elementary school in a
school district qualifies as a remote small elementary school,
the district shall have an additional amount added to the
district's ADMw.
  (b) The additional amount = {224 - (ADMa :(number of grades in
the school : eight))} X 0.0045 X ADMa X distance adjustment.
    { - (6)(a) - }   { + (5)(a) + } If a high school in a
district qualifies as a small high school, the district shall
have an additional amount added to the district's ADMw.
  (b) The additional amount = {350 - (ADMa :(number of grades in
the school : four))} X 0.0029 X ADMa.
    { - (7) - }   { + (6) + } The distance adjustment for an
elementary school = 0.025 for each 10th of a mile more than eight
miles that a school is away from the nearest elementary school
measured by the nearest traveled road or 1.0, whichever is less.
    { - (8)(a) - }   { + (7)(a) + } A school may qualify as a
remote small elementary school under this section only if the
location of the school has not changed since January 1, 1995, and
if { + :
  (A) + } The school qualified as a remote small
 { + elementary + } school on   { - July 18, 1995. - }  { +  the
effective date of this 2011 Act; or
  (B) The school is in a school district that:
  (i) Merged with another school district;
  (ii) Did not have an ADMw of more than 150 prior to the merger;
and
  (iii) Has an ADMw of more than 150 after the merger. + }
  (b) A school may qualify as a small high school under this
section only if:
  (A) The location of the school has not changed since January 1,
1995;
  (B) The school qualified as a small high school on   { - July
23, 2009 - }  { +  the effective date of this 2011 Act or the
school is in a school district that:
  (i) Merged with another school district;
  (ii) Did not have an ADMw of more than 150 prior to the merger;
and
  (iii) Has an ADMw of more than 150 after the merger + }; and
  (C) On or after October 23, 1999, and prior to July 23, 2009,
the school was not part of a high school that divided or
otherwise reorganized into two or more high schools in the same
city.
  (c) A public charter school as defined in ORS 338.005 may
qualify as a remote small elementary school under this section
only if the location of the school has not changed since January
1, 1995, and if the school qualified as a nonchartered public
remote small  { + elementary + } school on July 18, 1995.
  (d) A public charter school as defined in ORS 338.005 may
qualify as a small high school under this section only if the
location of the school has not changed since January 1, 1995, and
if the school qualified as a nonchartered public remote small
 { +  elementary + } school on July 18, 1995.
  (e) The Superintendent of Public Instruction may waive the
requirements of paragraph (a), (b), (c) or (d) of this subsection
if the superintendent determines that exceptional circumstances
exist.
  (f) An alternative education program as defined in ORS 336.615
may not qualify as a small high school under this section.
    { - (9) - }   { + (8) + } The opening of a public charter
school shall not disqualify a school as a remote small elementary
school under subsection   { - (4) - }   { + (2) + } of this
section or change the distance adjustment for a school under
subsection   { - (7) - }   { + (6) + } of this section.
    { - (10)(a) - }   { + (9)(a) + } Notwithstanding subsections
 { - (3), (6) and (8)(b) and (d) - }   { + (3), (5) and (7)(b)
and (d) + } of this section, if two high schools merge and prior
to the merger at least one of the high schools qualified as a
small high school under this section, the Department of Education
shall continue to add an additional amount pursuant to subsection
 { - (6) - }   { + (5) + } of this section to the ADMw of the
school district in which the new merged high school is located
that is equal to the higher of:
  (A) The additional amount the school district of each of the
former small high schools would have received under this section
for the small high school based on the ADMa of each of the high
schools prior to the merger; or
  (B) In the case of a high school that remains qualified as a
small high school under subsection (3) of this section after a
merger, the ADMa of the merged small high school.
  (b) The department shall add the additional amount under this
subsection only for the first four fiscal years after the merger
of the two high schools is final. If the merger of the two high
schools becomes final on or before September 1, for purposes of
this paragraph the merger shall be considered final in the prior
fiscal year.
  SECTION 3. ORS 327.011 is amended to read:
  327.011. For the purpose of State School Fund distributions for
school districts:
  (1) 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 that 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.
  (j) Any amount distributed to the district in the prior fiscal
year under ORS 327.019 (8).
  (2) 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 total received by the school district
from the general purpose grant, the transportation grant, the
facility grant and the high cost disabilities grant of the
district, as those grants are calculated under ORS 327.013; or
  (C) $1,000 per district extended ADMw, as calculated under ORS
327.013, increased each fiscal year by three percent above the
amount allowed per district extended ADMw for the prior fiscal
year.
  (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.
   { +  (c) The lesser of the following amounts:
  (A) 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 sections 11 and 11b, Article XI of the
Oregon Constitution, when the increase is made for the purpose of
funding a public school that otherwise would have qualified under
ORS 327.077 as a remote small elementary school or a small high
school if the district had an ADMw of more than 150; or
  (B) The amount the district would have received for a public
school that otherwise would have qualified under ORS 327.077 as a
remote small elementary school or a small high school if the
district had an ADMw of more than 150. + }
  SECTION 4.  { + The amendments to ORS 327.011 and 327.077 by
sections 1 to 3 of this 2011 Act apply to State School Fund
distributions commencing with the 2011-2012 distributions. + }
  SECTION 5.  { + 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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