Bill Text: OR HB2317 | 2013 | Regular Session | Introduced

Oregon House Bill 2317 (Prior Session Legislation)

Bill Title: Relating to school districts; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2317 Detail]

Download: Oregon-2013-HB2317-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 859

                         House Bill 2317

Sponsored by Representative BUCKLEY (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.

  Directs district boundary board to approve boundary change to
divide Medford School District No. 549C into two districts.
Specifies conditions for boundary changes.
  Sunsets on June 30, 2014.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to school districts; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 330.092 to 330.101. + }
  SECTION 2.  { + (1) Notwithstanding any other provision of law,
the Medford School District No. 549C may divide into two
districts by changing the boundaries of the school district
pursuant to the provisions of ORS 330.092 to 330.101.
  (2) The two districts resulting from a boundary change approved
under this section shall be the Medford School District No. 549C
and a district designated as the Ruch School District.  The
Medford School District No. 549C shall offer educational programs
in kindergarten through grade 12 and the Ruch School District
shall offer educational programs in any combination of grades
from kindergarten through grade 12.
  (3) The district boundary board for the Medford School District
No. 549C shall approve a petition to divide the district into two
districts by changing the boundaries of the Medford School
District No. 549C if:
  (a) The petition meets the requirements of this section and ORS
330.095; and
  (b) The petition contains the signatures of at least five
percent of the electors of the district, or 500 electors of the
district, whichever is less.
  (4) The petition submitted to the district boundary board under
this section shall contain a proposal for the distribution of
assets and liabilities to the proposed Ruch School District from
the former school district. Assets and liabilities shall be
distributed as provided by subsection (5) of this section.
  (5)(a) After the district boundary board receives the petition
submitted under this section:
  (A) The district boundary board shall appoint three chief
sponsors of the petition or their designees from the residents of
the attendance area of the proposed Ruch School District; and
  (B) The district school board of the Medford School District
No. 549C shall appoint three members of the district school board
to negotiate and determine the distribution of assets and
liabilities of the Medford School District No. 549C under the
petition.
  (b) The assets and liabilities of the Medford School District
No. 549C that exist on June 30, 2013, shall be divided based on
the expected average daily membership of the two new school
districts. In addition, any real or personal property of the
former school district that is located within the proposed
boundaries of the Ruch School District shall be transferred to
the Ruch School District.
  (c) If the persons appointed under this subsection are unable
to agree unanimously on the distribution of assets and
liabilities within 30 days after the appointment of the last
person, the determination of the distribution of assets and
liabilities shall be made by the Superintendent of Public
Instruction or a designee of the superintendent.
  (6) After the determination of the distribution of assets and
liabilities as provided by subsection (5) of this section has
been issued, the district boundary board shall issue an order
that changes the boundaries to divide the former school district
and specifies the new boundaries of the Medford School District
No.  549C and the Ruch School District.
  (7) The district boundary board shall appoint by order five
electors of the Ruch School District as the initial board of
directors of the district. Three of the electors shall be
appointed to serve until June 30 following the election of their
successors at the next district election. Two of the electors
shall be appointed to serve until June 30 following the election
of their successors at the next succeeding district election.
  (8) A remonstrance petition or election may not be allowed on
any petition for a boundary change submitted to the district
boundary board under this section.
  (9) The employees of the former school district who have been
employed at Ruch Elementary School may elect to transfer to the
new Ruch School District upon the creation of the district. A
school district employee of the former school district may not be
deprived of seniority or accumulated sick leave solely because
the duties of the employee have been assumed or acquired by a new
school district.
  (10)(a) Notwithstanding ORS 330.103 (1), if prior to July 1,
2013, the district boundary board files with the county assessor
and the Department of Revenue the legal description of the
boundary changes of the Medford School District No. 549C pursuant
to ORS 308.225, the boundary changes shall become effective on
July 1, 2013.
  (b) Notwithstanding paragraph (a) of this subsection, for
purposes of levying taxes, the boundary changes of the Medford
School District No. 549C shall become effective on May 31, 2014,
and the district school board of the Medford School District No.
549C shall continue to levy taxes for both school districts until
that date. + }
  SECTION 3.  { + Section 2 of this 2013 Act is repealed on June
30, 2014. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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