Bill Text: OR HB3060 | 2013 | Regular Session | Introduced

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Bill Title: Relating to discrimination by public schools; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3060 Detail]

Download: Oregon-2013-HB3060-Introduced.html

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     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 905

                         House Bill 3060

Sponsored by Representative HANNA

                             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.

  Prohibits imposition of sanctions on public school as result of
school's discriminatory acts unless court has taken certain
actions or conciliation agreement specifies sanctions.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to discrimination by public schools; creating new
  provisions; amending ORS 659.855; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 659.855 is amended to read:
  659.855.   { - (1) Any public elementary or secondary school
determined by the Superintendent of Public Instruction or any
community college determined by the Commissioner for Community
College Services to be in noncompliance with provisions of ORS
659.850 and this section shall be subject to appropriate
sanctions, which may include withholding of all or part of state
funding, as established by rule of the State Board of
Education. - }
   { +  (1) Except as provided in subsection (2) of this section:
  (a) Any public elementary or secondary school determined by the
Superintendent of Public Instruction to be in noncompliance with
the provisions of ORS 659.850 and this section shall be subject
to appropriate sanctions, which may include withholding of all or
part of state funding, as established by rule of the State Board
of Education.
  (b) Any community college determined by the Commissioner for
Community College Services to be in noncompliance with the
provisions of ORS 659.850 and this section shall be subject to
appropriate sanctions, which may include withholding of all or
part of state funding, as established by rule of the State Board
of Education. + }
    { - (2) - }   { + (c) + } Any public university listed in ORS
352.002 determined by the Chancellor of the Oregon University
System to be in noncompliance with  { + the + } provisions of ORS
659.850 and this section shall be subject to appropriate
sanctions, which may include withholding of all or part of state
funding, as established by rule of the State Board of Higher
Education.
    { - (3) - }   { + (d) + } Any public charter school
determined by the sponsor of the school or the superintendent to
be in noncompliance with the provisions of ORS 659.850 and this
section shall be subject to appropriate sanctions, which may
include the withholding of all or part of state funding by the
sponsor or superintendent, as established by rule of the State
Board of Education.
   { +  (2) The superintendent, commissioner, chancellor or
sponsor may impose sanctions under this section only if:
  (a) A court first awards damages or orders other relief under
ORS 659.860 that:
  (A) Is in relation to the noncompliance; and
  (B) Is not temporary or preliminary injunctive relief; or
  (b) A conciliation agreement or similar agreement with the
person filing the grievance related to the noncompliance
specifies sanctions that may be imposed. + }
  SECTION 2.  { + The amendments to ORS 659.855 by section 1 of
this 2013 Act apply to sanctions imposed on or after the
effective date of this 2013 Act. + }
  SECTION 3.  { + 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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