Bill Text: OR SB453 | 2011 | Regular Session | Enrolled
Bill Title: Relating to remote small elementary schools; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB453 Detail]
Download: Oregon-2011-SB453-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 453
Sponsored by Senator PROZANSKI; Representative BUCKLEY (at the
request of Yoncalla School District) (Presession filed.)
CHAPTER ................
AN ACT
Relating to remote small elementary schools; creating new
provisions; amending ORS 327.077; repealing section 12, chapter
61, Oregon Laws 1993; 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 { + in the same school district + } unless
there are physiographic conditions that make transportation to
another school not feasible.
(5)(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.
Enrolled Senate Bill 453 (SB 453-INTRO) Page 1
(6)(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) 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 { + in the same school
district + } measured by the nearest traveled road or 1.0,
whichever is less.
(8)(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 the school qualified as a
remote small school on { - July 18, 1995 - } { + the
effective date of this 2011 Act + }.
(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; 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 school on { - July 18, 1995 - } { +
the effective date of this 2011 Act + }.
(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
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) The opening of a public charter school shall not disqualify
a school as a remote small elementary school under subsection (4)
of this section or change the distance adjustment for a school
under subsection (7) of this section.
(10)(a) Notwithstanding subsections (2), (4), (5) and (8)(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) 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.
Enrolled Senate Bill 453 (SB 453-INTRO) Page 2
(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) Notwithstanding subsections (3), (6) and (8)(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)
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 { + in the same school district + } unless
there are physiographic conditions that make transportation to
another school not feasible.
(5)(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.
Enrolled Senate Bill 453 (SB 453-INTRO) Page 3
(b) The additional amount = {224 - (ADMa :(number of grades in
the school : eight))} X 0.0045 X ADMa X distance adjustment.
(6)(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) 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 { + in the same school
district + } measured by the nearest traveled road or 1.0,
whichever is less.
(8)(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 the school qualified as a
remote small school on { - July 18, 1995 - } { + the
effective date of this 2011 Act + }.
(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; 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 school on { - July 18, 1995 - } { +
the effective date of this 2011 Act + }.
(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
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) The opening of a public charter school shall not disqualify
a school as a remote small elementary school under subsection (4)
of this section or change the distance adjustment for a school
under subsection (7) of this section.
(10)(a) Notwithstanding subsections (3), (6) and (8)(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)
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
Enrolled Senate Bill 453 (SB 453-INTRO) Page 4
(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. { + The amendments to ORS 327.077 by sections 1 and
2 of this 2011 Act apply to State School Fund distributions
commencing with the 2011-2012 distribution. + }
SECTION 4. { + For the 2011-2012 State School Fund
distribution, the district extended ADMw under ORS 327.013 shall
be calculated as though the amendments to ORS 327.077 by sections
1 and 2 of this 2011 Act were effective on July 1, 2010. A school
district's ADMw of the prior year shall be adjusted to reflect
the amendments to ORS 327.077 by sections 1 and 2 of this 2011
Act. + }
SECTION 5. { + Section 12, chapter 61, Oregon Laws 1993, as
amended by section 24, chapter 1066, Oregon Laws 1999, is
repealed. + }
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. + }
----------
Passed by Senate June 20, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 21, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 453 (SB 453-INTRO) Page 5
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 453 (SB 453-INTRO) Page 6
