2017 ORS 327.008¹
State School Fund
  • State School Fund grants

(1)(a) There is established a State School Fund in the General Fund.

(b) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for the State School Fund. Moneys received as provided in this paragraph shall be deposited into the State School Fund.

(c) The State School Fund shall consist of moneys appropriated by the Legislative Assembly, moneys transferred from the Education Stability Fund and the Oregon Marijuana Account and moneys received as provided in paragraph (b) of this subsection.

(d) The State School Fund is continuously appropriated to the Department of Education for the purposes of ORS 327.006 (Definitions for State School Fund distributions) to 327.077 (Remote small elementary school and small high school determination), 327.095 (Percentages and time of payment of apportionments to school districts), 327.099 (Adjustment of distribution within fiscal year), 327.101 (Adjustment of distribution between fiscal years), 327.125 (Superintendent to administer statutes related to state financing of education), 327.137 (Audit reports filed with department), 327.348 (High Cost Disabilities Account), 336.575 (Notice and consultation before establishing, expanding or changing residential program), 336.580 (Education at youth care centers), 336.635 (Enrollment in alternative education program), 343.243 (Receipt of amount from State School Fund for children enrolled in certain programs), 343.533 (Transportation service to preschool children with disabilities), 343.941 (Department duties for education of students admitted to pediatric nursing facilities) and 343.961 (Responsibility for costs of education of children in day and residential treatment programs) and sections 1 to 3, chapter 735, Oregon Laws 2013.

(2) There shall be apportioned from the State School Fund to each school district a State School Fund grant, consisting of the positive amount equal to a general purpose grant and a facility grant and a transportation grant and a high cost disabilities grant minus local revenue, computed as provided in ORS 327.011 (Description of Local Revenues for purpose of State School Fund distributions) and 327.013 (State School Fund distribution computations for school districts).

(3) For the first school year after a public charter school ceases to operate because of dissolution or closure or because of termination or nonrenewal of a charter, there shall be apportioned from the State School Fund to each school district that had sponsored a public charter school that ceased to operate an amount equal to the school district’s general purpose grant per extended ADMw multiplied by five percent of the ADM of the public charter school for the previous school year.

(4) There shall be apportioned from the State School Fund to each education service district a State School Fund grant as calculated under ORS 327.019 (State School Fund distribution computations for education service districts).

(5) All figures used in the determination of the distribution of the State School Fund shall be estimates for the same year as the distribution occurs, unless otherwise specified.

(6) Numbers of students in average daily membership used in the distribution formula shall be the numbers as of June of the year of distribution.

(7) A school district may not use the portion of the State School Fund grant that is attributable to the facility grant for capital construction costs.

(8) The total amount of the State School Fund that is distributed as facility grants may not exceed $9 million in any biennium. If the total amount to be distributed as facility grants exceeds this limitation, the Department of Education shall prorate the amount of funds available for facility grants among those school districts that qualified for a facility grant. If the total amount to be distributed as facility grants does not exceed this limitation, any remaining amounts shall be expended for expenses incurred by the Office of School Facilities as provided in ORS 326.125 (Office of School Facilities) (1).

(9) Each biennium, the Department of Education may expend from the State School Fund no more than $6 million for expenses incurred by the Office of School Facilities under ORS 326.125 (Office of School Facilities) (2) to (6).

(10) Each fiscal year, the Department of Education shall transfer to the Pediatric Nursing Facility Account established in ORS 327.022 (Pediatric Nursing Facility Account) the amount necessary to pay the costs of educational services provided to students admitted to pediatric nursing facilities as provided in ORS 343.941 (Department duties for education of students admitted to pediatric nursing facilities).

(11) Each fiscal year, the Department of Education shall transfer the amount of $35 million from the State School Fund to the High Cost Disabilities Account established in ORS 327.348 (High Cost Disabilities Account).

(12)(a) Each biennium, the Department of Education shall transfer $33 million from the State School Fund to the Network of Quality Teaching and Learning Fund established under ORS 342.953 (Network of Quality Teaching and Learning Fund).

(b) For the purpose of making the transfer under this subsection:

(A) The total amount available for all distributions from the State School Fund shall be reduced by $5 million;

(B) The amount distributed to school districts from the State School Fund under this section and ORS 327.013 (State School Fund distribution computations for school districts) shall be reduced by $14 million; and

(C) The amount distributed to education service districts from the State School Fund under this section and ORS 327.019 (State School Fund distribution computations for education service districts) shall be reduced by $14 million.

(c) For each biennium, the amounts identified in paragraph (b)(B) and (C) of this subsection shall be adjusted by the same percentage by which the amount appropriated to the State School Fund for that biennium is increased or decreased compared with the preceding biennium, as determined by the Department of Education after consultation with the Legislative Fiscal Officer.

(13) Each biennium, the Department of Education shall transfer $12.5 million from the State School Fund to the Statewide English Language Learner Program Account established under ORS 327.344 (Statewide English Language Learner Program Account).

(14) Each fiscal year, the Department of Education may expend up to $550,000 from the State School Fund for the contract described in ORS 329.488 (Nationally normed assessment). The amount distributed to education service districts from the State School Fund under this section and ORS 327.019 (State School Fund distribution computations for education service districts) shall be reduced by the amount expended by the department under this subsection.

(15) Each biennium, the Department of Education may expend up to $350,000 from the State School Fund to provide administration of and support for the development of talented and gifted education under ORS 343.404 (Funding for program).

(16) Each biennium, the Department of Education may expend up to $150,000 from the State School Fund for the administration of a program to increase the number of speech-language pathologists and speech-language pathology assistants under ORS 348.394 (Definitions for ORS 348.394 to 348.406) to 348.406 (Speech-Language Pathologist Training Fund).

(17) Each fiscal year, the Department of Education shall transfer the amount of $2.5 million from the State School Fund to the Small School District Supplement Fund established in section 3, chapter 735, Oregon Laws 2013. [1991 c.780 §3; 1993 c.61 §4; 1997 c.524 §3; 1997 c.821 §13; 1999 c.1066 §10; 2001 c.695 §§12,13; 2002 s.s.3 c.6 §§13,14; 2003 c.715 §§4,5,7; 2005 c.803 §§6,6a; 2007 c.488 §1; 2007 c.839 §19; 2007 c.846 §12; 2007 c.858 §44; 2008 c.39 §§1,2; 2009 c.698 §§8,9; 2011 c.705 §§36,37; 2012 c.91 §§2,3; 2013 c.577 §§7,13; 2013 c.735 §6; 2014 c.81 §6; 2015 c.68 §1; 2015 c.245 §37; 2015 c.555 §1; 2015 c.604 §10; 2015 c.644 §1; 2015 c.783 §7; 2017 c.725 §33]

Note 1: The amendments to 327.008 (State School Fund) by section 22, chapter 639, Oregon Laws 2017, become operative June 30, 2019. See section 24, chapter 639, Oregon Laws 2017. The amendments to 327.008 (State School Fund) by section 5, chapter 700, Oregon Laws 2017, apply to biennia beginning on or after July 1, 2019. See section 8, chapter 700, Oregon Laws 2017. The text that is operative from July 1, 2019, until July 1, 2020, is set forth for the user’s convenience.

327.008 (State School Fund). (1)(a) There is established a State School Fund in the General Fund.

(b) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for the State School Fund. Moneys received as provided in this paragraph shall be deposited into the State School Fund.

(c) The State School Fund shall consist of moneys appropriated by the Legislative Assembly, moneys transferred from the Education Stability Fund and the Oregon Marijuana Account and moneys received as provided in paragraph (b) of this subsection.

(d) The State School Fund is continuously appropriated to the Department of Education for the purposes of ORS 327.006 (Definitions for State School Fund distributions) to 327.077 (Remote small elementary school and small high school determination), 327.095 (Percentages and time of payment of apportionments to school districts), 327.099 (Adjustment of distribution within fiscal year), 327.101 (Adjustment of distribution between fiscal years), 327.125 (Superintendent to administer statutes related to state financing of education), 327.137 (Audit reports filed with department), 327.348 (High Cost Disabilities Account), 336.575 (Notice and consultation before establishing, expanding or changing residential program), 336.580 (Education at youth care centers), 336.635 (Enrollment in alternative education program), 343.243 (Receipt of amount from State School Fund for children enrolled in certain programs), 343.533 (Transportation service to preschool children with disabilities), 343.941 (Department duties for education of students admitted to pediatric nursing facilities) and 343.961 (Responsibility for costs of education of children in day and residential treatment programs) and sections 1 to 3, chapter 735, Oregon Laws 2013.

(2) There shall be apportioned from the State School Fund to each school district a State School Fund grant, consisting of the positive amount equal to a general purpose grant and a facility grant and a transportation grant and a high cost disabilities grant minus local revenue, computed as provided in ORS 327.011 (Description of Local Revenues for purpose of State School Fund distributions) and 327.013 (State School Fund distribution computations for school districts).

(3) For the first school year after a public charter school ceases to operate because of dissolution or closure or because of termination or nonrenewal of a charter, there shall be apportioned from the State School Fund to each school district that had sponsored a public charter school that ceased to operate an amount equal to the school district’s general purpose grant per extended ADMw multiplied by five percent of the ADM of the public charter school for the previous school year.

(4) There shall be apportioned from the State School Fund to each education service district a State School Fund grant as calculated under ORS 327.019 (State School Fund distribution computations for education service districts).

(5) All figures used in the determination of the distribution of the State School Fund shall be estimates for the same year as the distribution occurs, unless otherwise specified.

(6) Numbers of students in average daily membership used in the distribution formula shall be the numbers as of June of the year of distribution.

(7) A school district may not use the portion of the State School Fund grant that is attributable to the facility grant for capital construction costs.

(8) The total amount of the State School Fund that is distributed as facility grants may not exceed $7 million in any biennium. If the total amount to be distributed as facility grants exceeds this limitation, the Department of Education shall prorate the amount of funds available for facility grants among those school districts that qualified for a facility grant. If the total amount to be distributed as facility grants does not exceed this limitation, any remaining amounts shall be expended for expenses incurred by the Office of School Facilities as provided in ORS 326.125 (Office of School Facilities) (1).

(9) Each biennium, the Department of Education may expend from the State School Fund no more than $6 million for expenses incurred by the Office of School Facilities under ORS 326.125 (Office of School Facilities) (2) to (6).

(10) Each fiscal year, the Department of Education shall transfer to the Pediatric Nursing Facility Account established in ORS 327.022 (Pediatric Nursing Facility Account) the amount necessary to pay the costs of educational services provided to students admitted to pediatric nursing facilities as provided in ORS 343.941 (Department duties for education of students admitted to pediatric nursing facilities).

(11) Each fiscal year, the Department of Education shall transfer the amount of $35 million from the State School Fund to the High Cost Disabilities Account established in ORS 327.348 (High Cost Disabilities Account).

(12)(a) Each biennium, the Department of Education shall transfer $39.5 million from the State School Fund to the Educator Advancement Fund established under ORS 342.953 (Network of Quality Teaching and Learning Fund).

(b) For the purpose of making the transfer under this subsection:

(A) The total amount available for all distributions from the State School Fund shall be reduced by $6 million;

(B) The amount distributed to school districts from the State School Fund under this section and ORS 327.013 (State School Fund distribution computations for school districts) shall be reduced by $16.75 million; and

(C) The amount distributed to education service districts from the State School Fund under this section and ORS 327.019 (State School Fund distribution computations for education service districts) shall be reduced by $16.75 million.

(c) For each biennium, the amounts identified in this subsection shall be adjusted by the same percentage by which the instructions furnished to state agencies by the Governor under ORS 291.204 (Instructions to agencies for submitting budget information) direct the state agencies to adjust their agency budget requests for special payments under ORS 291.216 (Governor’s budget) (6)(a)(C).

(13) Each biennium, the Department of Education shall transfer $12.5 million from the State School Fund to the Statewide English Language Learner Program Account established under ORS 327.344 (Statewide English Language Learner Program Account).

(14) Each fiscal year, the Department of Education may expend up to $550,000 from the State School Fund for the contract described in ORS 329.488 (Nationally normed assessment). The amount distributed to education service districts from the State School Fund under this section and ORS 327.019 (State School Fund distribution computations for education service districts) shall be reduced by the amount expended by the department under this subsection.

(15) Each biennium, the Department of Education may expend up to $350,000 from the State School Fund to provide administration of and support for the development of talented and gifted education under ORS 343.404 (Funding for program).

(16) Each biennium, the Department of Education may expend up to $150,000 from the State School Fund for the administration of a program to increase the number of speech-language pathologists and speech-language pathology assistants under ORS 348.394 (Definitions for ORS 348.394 to 348.406) to 348.406 (Speech-Language Pathologist Training Fund).

(17) Each fiscal year, the Department of Education shall transfer the amount of $2.5 million from the State School Fund to the Small School District Supplement Fund established in section 3, chapter 735, Oregon Laws 2013.

(18) Each biennium, the Department of Education shall transfer $2 million from the State School Fund for deposit to the Healthy School Facilities Fund established under ORS 332.337 (Healthy School Facilities Fund). Notwithstanding ORS 332.337 (Healthy School Facilities Fund), the department may expend moneys received in the Healthy School Facilities Fund under this subsection only as grants for costs associated with testing for elevated levels of lead in water used for drinking or food preparation.

Note 2: The amendments to 327.008 (State School Fund) by section 7, chapter 735, Oregon Laws 2013, become operative July 1, 2020. See section 20, chapter 735, Oregon Laws 2013, as amended by section 1, chapter 299, Oregon Laws 2015. The text that is operative on and after July 1, 2020, including amendments by section 7, chapter 81, Oregon Laws 2014, section 2, chapter 68, Oregon Laws 2015, section 38, chapter 245, Oregon Laws 2015, section 2, chapter 555, Oregon Laws 2015, section 11, chapter 604, Oregon Laws 2015, section 2, chapter 644, Oregon Laws 2015, section 8, chapter 783, Oregon Laws 2015, section 23, chapter 639, Oregon Laws 2017, section 6, chapter 700, Oregon Laws 2017, and section 34, chapter 725, Oregon Laws 2017, is set forth for the user’s convenience.

327.008 (State School Fund). (1)(a) There is established a State School Fund in the General Fund.

(b) The Department of Education, on behalf of the State of Oregon, may solicit and accept gifts, grants, donations and other moneys from public and private sources for the State School Fund. Moneys received as provided in this paragraph shall be deposited into the State School Fund.

(c) The State School Fund shall consist of moneys appropriated by the Legislative Assembly, moneys transferred from the Education Stability Fund and the Oregon Marijuana Account and moneys received as provided in paragraph (b) of this subsection.

(d) The State School Fund is continuously appropriated to the Department of Education for the purposes of ORS 327.006 (Definitions for State School Fund distributions) to 327.077 (Remote small elementary school and small high school determination), 327.095 (Percentages and time of payment of apportionments to school districts), 327.099 (Adjustment of distribution within fiscal year), 327.101 (Adjustment of distribution between fiscal years), 327.125 (Superintendent to administer statutes related to state financing of education), 327.137 (Audit reports filed with department), 327.348 (High Cost Disabilities Account), 336.575 (Notice and consultation before establishing, expanding or changing residential program), 336.580 (Education at youth care centers), 336.635 (Enrollment in alternative education program), 343.243 (Receipt of amount from State School Fund for children enrolled in certain programs), 343.533 (Transportation service to preschool children with disabilities), 343.941 (Department duties for education of students admitted to pediatric nursing facilities) and 343.961 (Responsibility for costs of education of children in day and residential treatment programs).

(2) There shall be apportioned from the State School Fund to each school district a State School Fund grant, consisting of the positive amount equal to a general purpose grant and a facility grant and a transportation grant and a high cost disabilities grant minus local revenue, computed as provided in ORS 327.011 (Description of Local Revenues for purpose of State School Fund distributions) and 327.013 (State School Fund distribution computations for school districts).

(3) For the first school year after a public charter school ceases to operate because of dissolution or closure or because of termination or nonrenewal of a charter, there shall be apportioned from the State School Fund to each school district that had sponsored a public charter school that ceased to operate an amount equal to the school district’s general purpose grant per extended ADMw multiplied by five percent of the ADM of the public charter school for the previous school year.

(4) There shall be apportioned from the State School Fund to each education service district a State School Fund grant as calculated under ORS 327.019 (State School Fund distribution computations for education service districts).

(5) All figures used in the determination of the distribution of the State School Fund shall be estimates for the same year as the distribution occurs, unless otherwise specified.

(6) Numbers of students in average daily membership used in the distribution formula shall be the numbers as of June of the year of distribution.

(7) A school district may not use the portion of the State School Fund grant that is attributable to the facility grant for capital construction costs.

(8) The total amount of the State School Fund that is distributed as facility grants may not exceed $7 million in any biennium. If the total amount to be distributed as facility grants exceeds this limitation, the Department of Education shall prorate the amount of funds available for facility grants among those school districts that qualified for a facility grant. If the total amount to be distributed as facility grants does not exceed this limitation, any remaining amounts shall be expended for expenses incurred by the Office of School Facilities as provided in ORS 326.125 (Office of School Facilities) (1).

(9) Each biennium, the Department of Education may expend from the State School Fund no more than $6 million for expenses incurred by the Office of School Facilities under ORS 326.125 (Office of School Facilities) (2) to (6).

(10) Each fiscal year, the Department of Education shall transfer to the Pediatric Nursing Facility Account established in ORS 327.022 (Pediatric Nursing Facility Account) the amount necessary to pay the costs of educational services provided to students admitted to pediatric nursing facilities as provided in ORS 343.941 (Department duties for education of students admitted to pediatric nursing facilities).

(11) Each fiscal year, the Department of Education shall transfer the amount of $35 million from the State School Fund to the High Cost Disabilities Account established in ORS 327.348 (High Cost Disabilities Account).

(12)(a) Each biennium, the Department of Education shall transfer $39.5 million from the State School Fund to the Educator Advancement Fund established under ORS 342.953 (Network of Quality Teaching and Learning Fund).

(b) For the purpose of making the transfer under this subsection:

(A) The total amount available for all distributions from the State School Fund shall be reduced by $6 million;

(B) The amount distributed to school districts from the State School Fund under this section and ORS 327.013 (State School Fund distribution computations for school districts) shall be reduced by $16.75 million; and

(C) The amount distributed to education service districts from the State School Fund under this section and ORS 327.019 (State School Fund distribution computations for education service districts) shall be reduced by $16.75 million.

(c) For each biennium, the amounts identified in this subsection shall be adjusted by the same percentage by which the instructions furnished to state agencies by the Governor under ORS 291.204 (Instructions to agencies for submitting budget information) direct the state agencies to adjust their agency budget requests for special payments under ORS 291.216 (Governor’s budget) (6)(a)(C).

(13) Each biennium, the Department of Education shall transfer $12.5 million from the State School Fund to the Statewide English Language Learner Program Account established under ORS 327.344 (Statewide English Language Learner Program Account).

(14) Each fiscal year, the Department of Education may expend up to $550,000 from the State School Fund for the contract described in ORS 329.488 (Nationally normed assessment). The amount distributed to education service districts from the State School Fund under this section and ORS 327.019 (State School Fund distribution computations for education service districts) shall be reduced by the amount expended by the department under this subsection.

(15) Each biennium, the Department of Education may expend up to $350,000 from the State School Fund to provide administration of and support for the development of talented and gifted education under ORS 343.404 (Funding for program).

(16) Each biennium, the Department of Education may expend up to $150,000 from the State School Fund for the administration of a program to increase the number of speech-language pathologists and speech-language pathology assistants under ORS 348.394 (Definitions for ORS 348.394 to 348.406) to 348.406 (Speech-Language Pathologist Training Fund).

(17) Each biennium, the Department of Education shall transfer $2 million from the State School Fund for deposit to the Healthy School Facilities Fund established under ORS 332.337 (Healthy School Facilities Fund). Notwithstanding ORS 332.337 (Healthy School Facilities Fund), the department may expend moneys received in the Healthy School Facilities Fund under this subsection only as grants for costs associated with testing for elevated levels of lead in water used for drinking or food preparation.

Note 3: Sections 3 and 4, chapter 644, Oregon Laws 2015, provide:

Sec. 3. Extended ADMw for public charter school. (1) In addition to amounts distributed to a school district in relation to a public charter school under ORS 327.008 (State School Fund) (4) and for the 2015-2016 school year only, an additional amount shall be set aside and made available for distribution to a school district that had been the sponsor of a public charter school that operated during the 2014-2015 school year and that ceased to operate following the 2014-2015 school year because of dissolution or closure or because of termination or nonrenewal of a charter.

(2) The additional amount described in subsection (1) of this section shall be equal to the school district’s general purpose grant per extended ADMw multiplied by three percent of the ADM of the public charter school for the previous school year.

(3) The Department of Education shall set aside the additional amount described in subsection (1) of this section for distribution to the school district under subsection (1) of this section. The amount shall be distributed to the school district upon a showing by the school district of expenses incurred related to the public charter school that ceased to operate. The department shall prescribe any requirements related to a distribution under this section.

(4)(a) For the 2015-2016 school year, the school district described in subsection (1) of this section shall file with the department quarterly reports that describe expenses incurred by the school district related to a public charter school that ceased to operate.

(b) For the 2016-2017, 2017-2018 and 2018-2019 school years, the school district described in subsection (1) of this section shall file with the department annual reports that describe expenses incurred by the school district related to a public charter school that ceased to operate.

(c) The department shall prescribe any requirements for reports filed under this subsection. [2015 c.644 §3]

Sec. 4. Repeal. (1) Section 3 of this 2015 Act is repealed on July 1, 2019.

(2) Any amounts not distributed under section 3 of this 2015 Act by July 1, 2019, shall be transferred to the General Fund. [2015 c.644 §4]

Note 4: Section 24a, chapter 639, Oregon Laws 2017, provides:

Sec. 24a. Adjustments to transfer amounts for Educator Advancement Fund. The amendments to ORS 327.008 (State School Fund) (12)(c) by sections 22 and 23 of this 2017 Act shall first be used to adjust the amounts identified in ORS 327.008 (State School Fund) (12) for the 2019-2021 biennium. [2017 c.639 §24a]

Atty. Gen. Opinions

Lottery funds appropriated to state school fund, (1993) Vol 46, p 500

Law Review Cita­tions

69 OLR 295 (1990)

1 Legislative Counsel Committee, CHAPTER 327—State Financing of Elementary and Secondary Education, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors327.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 327, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano327.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.