(1)(a) Except as provided in paragraph (b) of this subsection, funds due school districts under ORS § 327.008 and 327.013 shall be paid approximately 16-2/3 percent on July 15, approximately eight and one-third percent on the 15th day of each of the months of August, September, October, November, December, January, February, March and April and the balance on May 15. An equitable apportionment based on the most recent data available shall be made on the installment dates prior to May 15. If such payments are too high or too low, appropriate adjustments shall be made in the May 15 payments.

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Terms Used In Oregon Statutes 327.095

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

(b) Pursuant to rules adopted by the State Board of Education, the Superintendent of Public Instruction may specify an alternative date for making an apportionment if a human-created disaster or a natural disaster affects the ability of the Department of Education to make an apportionment by a specified date.

(2)(a) Except as provided in paragraph (b) of this subsection, if the reports required by ORS § 327.133 have not been received from a school district when due, no further apportionments shall be made to the school district until the reports are filed.

(b) Pursuant to rules adopted by the State Board of Education, the Superintendent of Public Instruction may waive a reporting date or specify an alternative date for providing reports if a human-created disaster or a natural disaster affects the ability of the school district to provide the reports by a specified date.

(3) If the combined estimated level of ADMw under ORS § 327.013 (1)(c) of all school districts is less than the statewide projected level of ADMw, the Department of Education may:

(a) Adjust the distributions to school districts on the installment dates to reflect the difference; and

(b) Set aside an amount of the funds appropriated to the State School Fund for the fiscal year until the May 15 distribution. [Amended by 1953 c.108 § 3; 1957 c.612 § 14; 1959 c.388 § 12; 1965 c.100 § 24; 1975 c.196 § 1; 1977 c.280 § 1; 1977 c.840 § 8; 1981 c.678 § 9; 1983 c.610 § 7; 1991 c.780 § 16; 1997 c.821 § 18; 2002 s.s.1 c.4 § 1; 2002 s.s.4 c.1 § 1; 2009 c.184 § 3; 2009 c.698 § 14]