2021 Oregon Revised Statutes
Chapter 327 - State Financing of Elementary and Secondary Education
Section 327.077 - Remote small elementary school and small high school determination; effect; waiver.


(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) A school may qualify as a remote small elementary school if the average daily membership in kindergarten through grade eight for an elementary school teaching:
(A) Nine grades is below 252.
(B) Eight grades is below 224.
(C) Seven grades is below 196.
(D) Six grades is below 168.
(E) Five grades is below 140.
(F) Four grades is below 112.
(G) Three grades is below 84.
(H) Two grades is below 56.
(I) One grade is below 28.
(b) For purposes of this subsection, kindergarten may be included in the calculation for determining the number of grades at an elementary school only if the kindergarten is full-day kindergarten.
(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 9,500; 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 = {252 − (ADMa ¸ (number of grades in the school ¸ nine))} ´ 0.0045 ´ ADMa ´ 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))} ´ 0.0029 ´ 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 August 2, 2011.
(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 remote small school on August 2, 2011.
(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
(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. [1995 c.649 §2; 1999 c.200 §27; 1999 c.1066 §22; 2003 c.715 §32; 2009 c.705 §§5,7; 2009 c.800 §1; 2011 c.704 §8; 2011 c.710 §§1,2; 2019 c.657 §1]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 09 - Education and Culture

Chapter 327 - State Financing of Elementary and Secondary Education

Section 327.001 - Fund for Student Success; transfers.

Section 327.006 - Definitions for State School Fund distributions.

Section 327.008 - State School Fund; State School Fund grants.

Section 327.011 - Description of Local Revenues for purpose of State School Fund distributions.

Section 327.013 - State School Fund distribution computations for school districts.

Section 327.016 - Report related to State School Fund moneys received for English language learner programs; summary to legislative committees.

Section 327.019 - State School Fund distribution computations for education service districts.

Section 327.021 - Percentages and time of payment of apportionments to education service districts.

Section 327.022 - Pediatric Nursing Facility Account.

Section 327.023 - Grants for special and compensatory education programs.

Section 327.026 - State School Fund grant for programs; calculation; adjustment; rules.

Section 327.033 - Approved transportation costs; expenditure limitations.

Section 327.043 - When district required to provide transportation; waiver.

Section 327.061 - Computation of number of students in average daily membership.

Section 327.077 - Remote small elementary school and small high school determination; effect; waiver.

Section 327.095 - Percentages and time of payment of apportionments to school districts.

Section 327.099 - Adjustment of distribution within fiscal year.

Section 327.101 - Adjustment of distribution between fiscal years.

Section 327.102 - Standard school complaints; process; rules.

Section 327.103 - Standard school presumed; effect of finding of deficiency; rules.

Section 327.106 - School districts required to offer kindergarten through grade 12; exceptions.

Section 327.108 - Post-graduate scholar programs; use of State School Fund moneys.

Section 327.109 - Procedure if school district or charter school alleged to be involved in religious activity; complaint, investigation, finding; effect.

Section 327.128 - Disbursement and expenditures of moneys appropriated or allocated to Department of Education.

Section 327.133 - Reports by districts.

Section 327.137 - Audit reports filed with department; effect of failure to file or insufficiency of report.

Section 327.141 - Financial or performance audit initiated by department; contracts for audit; costs.

Section 327.147 - Increased allocation when union high school district becomes common school district.

Section 327.152 - Increased allocation when certain merger occurs.

Section 327.157 - Minimum apportionment to school districts affected or not affected by ORS 327.147 and 327.152.

Section 327.175 - Student Investment Account.

Section 327.180 - Allowed uses of grants from Student Investment Account.

Section 327.185 - Application requirements to receive grants from Student Investment Account; eligible applicants; strategic planning.

Section 327.190 - Approval of applications to receive grants from the Student Investment Account; performance growth targets.

Section 327.195 - Calculations of grant amounts; distributions of grants; rules.

Section 327.201 - Financial audits; determinations of moneys not spent in accordance with grant agreement or failure to meet performance growth targets.

Section 327.208 - Technical assistance provided by the Department of Education.

Section 327.214 - Coaching program for grant recipients that do not meet performance growth targets.

Section 327.222 - Intensive program for high needs school districts; student success teams; rules.

Section 327.224 - Student Success Teams Account.

Section 327.235 - Reports to the Legislative Assembly.

Section 327.250 - Statewide Education Initiatives Account.

Section 327.254 - Statewide Education Initiatives Account uses; rules.

Section 327.269 - Early Learning Account.

Section 327.274 - Early Learning Account uses; rules.

Section 327.290 - Legislative findings relating to student achievement.

Section 327.294 - School Improvement Fund.

Section 327.297 - Grants for activities related to student achievement; rules.

Section 327.298 - Grants for schools that are high poverty and low performing; rules.

Section 327.300 - Definitions for ORS 327.300 to 327.320.

Section 327.310 - Legislative findings.

Section 327.330 - Grants to school districts for construction and maintenance of public school facilities; rules.

Section 327.331 - Allowed student transportation costs; calculation of grants; rules.

Section 327.336 - Qualifications; amount.

Section 327.339 - Local Option Equalization Grants Account; grant payments.

Section 327.341 - Grants to provide instructional time during summer; rules.

Section 327.344 - Statewide English Language Learner Program Account.

Section 327.345 - Grants for training English language learner teachers; qualifications; use; rules.

Section 327.348 - High Cost Disabilities Account; grants; approved costs; rules.

Section 327.356 - Definitions for ORS 327.356 and 327.358.

Section 327.358 - Small school district grants; rules.

Section 327.359 - Small School District Supplement Fund.

Section 327.362 - Grants to public charter schools to increase academic achievement for students who have historically experienced academic disparities or who are disabled; report; rules.

Section 327.365 - Automated external defibrillator grants; rules.

Section 327.367 - Early warning system; grants; rules.

Section 327.372 - Funding for activities related to science, technology, engineering and mathematics education and to career and technical education; report.

Section 327.376 - Connecting Education to Careers Account.

Section 327.380 - Application for grant; evaluation of application.

Section 327.385 - STEM Investment Grant Account.

Section 327.390 - Grants; advisory committee; role of Oregon State University Extension Service.

Section 327.405 - Common School Fund; composition and use.

Section 327.420 - Basis of apportionment.

Section 327.423 - Determination of school census.

Section 327.425 - Loans and investment of funds; determination of interest rate.

Section 327.430 - Security for loans.

Section 327.450 - Foreclosure of mortgages given to secure loans.

Section 327.470 - Cancellation of taxes on land acquired through foreclosure proceedings; right of redemption.

Section 327.480 - Use of Common School Fund moneys to comply with judgment canceling fraudulent deed.

Section 327.485 - Education Cash Account; disbursements.

Section 327.496 - Summer Learning Program Account; rules.

Section 327.497 - Legislative findings.

Section 327.500 - Establishment; membership; staff.

Section 327.502 - Officers; quorum; meetings.

Section 327.506 - Quality education goals; duties; report.

Section 327.511 - Uniform budget and accounting system.

Section 327.527 - Summer breakfast and lunch reimbursement; grants and contracts; rules.

Section 327.531 - School breakfast and lunch programs; eligibility; insufficient funds; rules.

Section 327.535 - Participation in school breakfast program; accessibility of breakfast; rules.

Section 327.537 - Requirements for providing reimbursable meals; prohibitions and requirements when student owes money.

Section 327.540 - School after-school meal and snack program; grants; rules.

Section 327.545 - Reimbursement amounts for school districts that provide reimbursable meals; rules.

Section 327.548 - Hunger Free Schools Account.

Section 327.645 - Financing of programs mandated by state and federal programs.

Section 327.700 - Definitions for ORS 327.700 to 327.711.

Section 327.708 - Legislative findings.

Section 327.711 - Payment of debt service; issuance of bonds; School Capital Construction, Maintenance and Technology Fund.

Section 327.731 - Education project grants; use; amount.

Section 327.736

Section 327.800 - Goals of strategic investments; requirements; rules.

Section 327.810 - Oregon Early Reading Program; strategic investments for program.

Section 327.815 - Guidance and Support for Post-Secondary Aspirations Program; strategic investments for program.

Section 327.820 - Connecting to the World of Work Program; strategic investments for program.

Section 327.850 - Short title.

Section 327.853 - Definitions for Act.

Section 327.856 - High School Graduation and College and Career Readiness Fund; amounts available to fund.

Section 327.859 - Apportionments to school districts; increases in amounts available to fund.

Section 327.862 - Amounts available to fund to be in addition to other amounts available for kindergarten through grade 12 public education.

Section 327.865 - Portion of funds for career and technical education.

Section 327.868 - Portion of funds for college-level educational opportunities for students in high schools.

Section 327.871 - Portion of funds for dropout-prevention strategies in high schools.

Section 327.874 - Requirements for use of moneys received by school districts.

Section 327.877 - School district qualifications for apportionments.

Section 327.880 - Failure to meet qualifications; retained apportionments.

Section 327.883 - Rules for eligibility requirements, biennial plan guidelines, biennial plan submission deadlines, reporting criteria and audit processes.

Section 327.886 - Retention of moneys for administrative costs of department.

Section 327.889 - Retention of moneys for administrative costs of school districts.

Section 327.892 - Oversight and accountability by department.

Section 327.895 - Financial and program audits by Secretary of State; reports to Legislative Assembly and Governor.

Section 327.910 - Coordination between Department of Education and Oregon FFA Association for agricultural education courses.

Section 327.915 - Grants to manage programs of study in agricultural science and technology.