Bill Text: OR HB3236 | 2013 | Regular Session | Introduced
Bill Title: Relating to education service districts; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3236 Detail]
Download: Oregon-2013-HB3236-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 3407
House Bill 3236
Sponsored by COMMITTEE ON EDUCATION
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.
Increases percentages of moneys from State School Fund and
local revenues that education service districts are required to
distribute to school districts.
Directs education service districts to provide services to
early childhood services providers and post-secondary education
institutions located within territory of education service
district.
Directs education service districts to form four zones to have
four members of board of directors of education service district
elected by boards of component school districts. Directs elected
directors to appoint five additional directors to board of
directors of education service district.
Delays sunset for pilot education service districts.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to education service districts; creating new provisions;
amending ORS 255.005, 260.432, 334.003, 334.005, 334.025,
334.032, 334.090, 334.095, 334.100, 334.125, 334.175, 334.177,
334.730 and 334.760 and section 15, chapter 828, Oregon Laws
2005, and section 5, chapter 59, Oregon Laws 2010; repealing
ORS 334.035, 334.045, 334.740 and 334.750 and section 14,
chapter 828, Oregon Laws 2005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 334.177 is amended to read:
334.177. (1) As used in this section, 'local revenues of an
education service district' has the meaning given that term in
ORS 327.019 but does not include any local revenues distributed
under ORS 327.019 (8).
(2) { + From the moneys available to an education service
district from the State School Fund and from local revenue, + }
an education service district board shall { + :
(a) + } Expend { - at least 90 - } { + no more than
67.5 + } percent of all amounts received from the State School
Fund and { - at least 90 - } { + no more than 67.5 + }
percent of all amounts considered to be local revenues of an
education service district on services or programs that have been
approved by the component school districts of the education
service district through the resolution process described in ORS
334.175.
{ + (b) Distribute at least 22.5 percent of all amounts
received from the State School Fund and at least 22.5 percent of
all amounts considered to be local revenues of an education
service district to the component school districts of the
education service district based on the ADMw of the school
districts, to be expended for purposes identified by the school
districts. + }
(3) An education service district board shall expend 100
percent of all amounts received from the School Improvement Fund
on services or programs that have been approved by the component
school districts of the education service district through the
resolution process described in ORS 334.175.
(4) The expenditure requirements of this section apply only to
amounts retained by the education service district after making
any distributions required under ORS 327.019 (9).
SECTION 2. { + (1) The amendments to ORS 334.177 by section 1
of this 2013 Act become operative July 1, 2013.
(2) The amendments to ORS 334.177 by section 1 of this 2013 Act
first apply to expenditures occurring for the 2013-2014 school
year. + }
SECTION 3. ORS 334.177, as amended by section 1 of this 2013
Act, is amended to read:
334.177. (1) As used in this section, 'local revenues of an
education service district' has the meaning given that term in
ORS 327.019 but does not include any local revenues distributed
under ORS 327.019 (8).
(2) From the moneys available to an education service district
from the State School Fund and from local revenue, an education
service district board shall:
(a) Expend no more than { - 67.5 - } { + 22.5 + } percent
of all amounts received from the State School Fund and no more
than { - 67.5 - } { + 22.5 + } percent of all amounts
considered to be local revenues of an education service district
on services or programs that have been approved by the component
school districts of the education service district through the
resolution process described in ORS 334.175.
(b) Distribute at least { - 22.5 - } { + 67.5 + } percent
of all amounts received from the State School Fund and at least
{ - 22.5 - } { + 67.5 + } percent of all amounts considered to
be local revenues of an education service district to the
component school districts of the education service district
based on the ADMw of the school districts, to be expended for
purposes identified by the school districts.
(3) An education service district board shall expend 100
percent of all amounts received from the School Improvement Fund
on services or programs that have been approved by the component
school districts of the education service district through the
resolution process described in ORS 334.175.
(4) The expenditure requirements of this section apply only to
amounts retained by the education service district after making
any distributions required under ORS 327.019 (9).
SECTION 4. { + (1) The amendments to ORS 334.177 by section 3
of this 2013 Act become operative July 1, 2014.
(2) The amendments to ORS 334.177 by section 3 of this 2013 Act
first apply to expenditures occurring for the 2014-2015 school
year. + }
SECTION 5. ORS 334.177, as amended by sections 1 and 3 of this
2013 Act, is amended to read:
334.177. (1) As used in this section, 'local revenues of an
education service district' has the meaning given that term in
ORS 327.019 but does not include any local revenues distributed
under ORS 327.019 (8).
(2) From the moneys available to an education service district
from the State School Fund and from local revenue, an education
service district board shall:
(a) Expend no more than { - 22.5 - } { + 10 + } percent of
all amounts received from the State School Fund and no more than
{ - 22.5 - } { + 10 + } percent of all amounts considered to
be local revenues of an education service district on services or
programs that have been approved by the component school
districts of the education service district through the
resolution process described in ORS 334.175.
(b) Distribute at least { - 67.5 - } { + 80 + } percent of
all amounts received from the State School Fund and at least
{ - 67.5 - } { + 80 + } percent of all amounts considered to
be local revenues of an education service district to the
component school districts of the education service district
based on the ADMw of the school districts, to be extended for
purposes identified by the school districts.
(3) An education service district board shall expend 100
percent of all amounts received from the School Improvement Fund
on services or programs that have been approved by the component
school districts of the education service district through the
resolution process described in ORS 334.175.
(4) The expenditure requirements of this section apply only to
amounts retained by the education service district after making
any distributions required under ORS 327.019 (9).
SECTION 6. { + (1) The amendments to ORS 334.177 by section 5
of this 2013 Act become operative July 1, 2015.
(2) The amendments to ORS 334.177 by section 5 of this 2013 Act
first apply to expenditures occurring for the 2015-2016 school
year. + }
SECTION 7. ORS 334.175 is amended to read:
334.175. (1) An education service district shall provide
regionalized core services to component school districts { + and
to early childhood services providers and post-secondary
education institutions located within the territory of the
education service district + }. { - The goals of these services
are to: - }
{ - (a) Assist component school districts in meeting the
requirements of state and federal law; - }
{ - (b) Improve student learning; - }
{ - (c) Enhance the quality of instruction provided to
students; - }
{ - (d) Enable component school districts and the students
who attend schools in those districts to have equitable access to
resources; and - }
{ - (e) Maximize operational and fiscal efficiencies for
component school districts. - }
{ - (2) The services provided by an education service
district shall be provided according to a local service plan
developed by the education service district and component school
districts. The education service district and component school
districts shall develop the local service plan to meet the goals
specified in subsection (1) of this section. The local service
plan must include services in at least the following areas: - }
{ - (a) Programs for children with special needs, including
but not limited to special education services and services for
at-risk students. - }
{ - (b) Technology support for component school districts and
the individual technology plans of those districts, including but
not limited to technology infrastructure services, data services,
instructional technology services and distance learning. - }
{ - (c) School improvement services for component school
districts, including but not limited to: - }
{ - (A) Services designed to support component school
districts in meeting the requirements of state and federal
law; - }
{ - (B) Services designed to allow the education service
district to participate in and facilitate a review of the state
and federal standards related to the provision of a quality
education by component school districts; - }
{ - (C) Services designed to support and facilitate
continuous school improvement planning; - }
{ - (D) Services designed to address schoolwide behavior and
climate issues; and - }
{ - (E) Services designed to support career and technical
education. - }
{ - (d) Administrative and support services for component
school districts, including but not limited to services designed
to consolidate component school district business functions,
liaison services between the Department of Education and
component school districts and registration of children being
taught by private teachers, parents or legal guardians pursuant
to ORS 339.035. - }
{ - (3) In addition to the services specified in subsection
(2) of this section, a local service plan may include other
services that are designed to meet regional needs. - }
{ + (2) The services provided by an education service
district shall be provided according to a local service plan
developed by the education service district and component school
districts. The local service plan must include services that an
education service district is required to provide by state or
federal law, including the registration of children being taught
by private teachers, parents or legal guardians pursuant to ORS
339.035 and other services required under ORS 339.005 to 339.090.
(3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs, including:
(a) Programs for children with special needs, including special
education services and services for at-risk students.
(b) Technology support for component school districts and the
individual technology plans of those districts, including
technology infrastructure services, data services, instructional
technology services and distance learning.
(c) School improvement services for component school districts,
including:
(A) Services designed to support component school districts in
meeting the requirements of state and federal law;
(B) Services designed to allow the education service district
to participate in and facilitate a review of the state and
federal standards related to the provision of a quality education
by component school districts;
(C) Services designed to support and facilitate continuous
school improvement planning;
(D) Services designed to address schoolwide behavior and
climate issues; and
(E) Services designed to support career and technical
education.
(d) Administrative and support services for component school
districts, including services designed to consolidate component
school district business functions.
(e) Liaison services between the Department of Education,
component school districts, early childhood services providers
and post-secondary education institutions. + }
(4) A local service plan shall { - also - } contain annual
performance measures for the education service district.
(5) A local service plan must:
(a) Be adopted by the board of the education service district.
(b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
(6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
(7) If a component school district determines that a local
service plan, or the provision of services under a local service
plan, does not meet the service needs of the component school
district, the component school district may contract with a
public entity for the provision of services.
(8) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school { - or - } { + , + } a
preschool { + , an early childhood services provider or a
post-secondary education institution + }.
(9) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district { + , an
early childhood services provider or a post-secondary education
institution + }. In addition, an education service district may
contract with a public or private entity for the provision of
services.
SECTION 8. ORS 334.003 is amended to read:
334.003. For purposes of this chapter:
(1) 'Component school district' means a common school district
or a union high school district that:
(a) Is located within the territory of an education service
district; and
(b) Is not withdrawn from the education service district as
provided in ORS 334.015.
(2) 'Education service district' means a district created under
ORS 334.010 that provides regional educational services to
component school districts { + and to early childhood services
providers and post-secondary education institutions located
within the territory of the education service district + }.
(3) 'Joint school district' means a common school district or a
union high school district located within the territory of more
than one education service district.
SECTION 9. ORS 334.005 is amended to read:
334.005. (1) The mission of education service districts is to
assist school districts { + , early childhood services providers,
post-secondary education institutions + } and the Department of
Education in achieving Oregon's educational goals by providing
equitable, high quality, cost-effective and locally responsive
educational services at a regional level.
(2) An education service district plays a key role in:
(a) Ensuring an equitable and excellent education for all
children in { - the - } { + this + } state;
(b) Implementing the Oregon Educational Act for the 21st
Century;
(c) Fostering the attainment of high standards of performance
by all students in Oregon's public schools; and
(d) Facilitating interorganizational coordination and
cooperation among educational, social service, health care and
employment training agencies.
(3) An education service district's role is one of leadership
and service. Education service districts shall maintain the
distinction between their role as service organizations and the
regulatory role of the Department of Education and other state
agencies.
(4) To ensure that an education service district is locally
responsive, an education service district shall provide:
(a) Opportunities for component school districts to participate
in decisions about the services that are offered by the education
service district; and
(b) A variety of flexible service delivery models.
(5) An education service district shall remain accountable to:
(a) The public at large;
(b) The component school districts; and
(c) The State Board of Education.
SECTION 10. ORS 334.125 is amended to read:
334.125. (1) The education service district is a body
corporate.
(2) The education service district board is authorized to
transact all business coming within the jurisdiction of the
education service district and may sue and be sued.
(3) The education service district board shall perform all
duties required by law, including { - but not limited to - } :
(a) { - Distribution of such - } { + Distributing + }
school funds { - as - } it is empowered to apportion;
(b) { - Conduct of - } { + Conducting + } audits;
{ - (c) Duties as district boundary board; - }
{ - (d) - } { + (c) Fulfilling + } budget and tax levying
duties, including the levying of taxes under ORS 280.060;
{ - (e) - } { + (d) + } Contracting a bonded indebtedness
and levying direct ad valorem taxes on all taxable property
within the education service district in the manner that
component school districts are authorized to issue bonds and levy
taxes under ORS 328.205 to 328.304 and other laws applicable to
the issuance of bonds and levying of taxes by school districts;
{ - and - }
{ - (f) - } { + (e) + } Creating a county education bond
district under ORS 328.304 from a county within the district
{ - . - } { + ; and
(f) Encouraging collaboration among component school districts
and early childhood services providers and post-secondary
education institutions located within the territory of the
education service district. + }
(4) In addition to its duties under subsection (3) of this
section, an education service district board:
(a) May provide services required by the local service plan
developed pursuant to ORS 334.175;
(b) May provide funds to a component school district to provide
services required by the local service plan in lieu of the
component school district receiving services from the education
service district;
(c) Shall provide funds as specified in ORS 327.019 (9) to a
school district located within the territory of the education
service district that has withdrawn from the education service
district as provided in ORS 334.015; and
(d) For the purpose of providing services consistent with the
local service plan, may enter into contracts with school
districts that have withdrawn from the education service district
as provided in ORS 334.015 or that are located outside the
territory of the education service district.
(5) The education service district board may employ and fix the
compensation of such personnel as it considers necessary for
carrying out duties of the board.
(6) In carrying out its duties, the education service district
board:
(a) May locate, buy, accept by gift or lease such land,
buildings and facilities as may be required for district
purposes. Leases authorized by this section may be for a term of
up to 30 years and include lease-purchase agreements whereunder
the district may acquire ownership of the leased property.
(b) May acquire personal property by a lease-purchase agreement
or contract of purchase for a term exceeding one year. A
lease-purchase agreement is one in which the rent payable by the
district is expressly agreed to have been established to reflect
the savings resulting from the exemption from taxation, and the
district is entitled to ownership of the property at a nominal or
other price which is stated or determinable by the terms of the
agreement and was not intended to reflect the true value of the
property.
(c) May lease property or sell and convey property of the
district as the board considers unnecessary to its purposes.
(d) May purchase relocatable structures in installment
transactions in which deferred installments of the purchase price
are payable over not more than 10 years from the date of delivery
of the property to the district and are secured by a security
interest in the property. The transactions may take the form of,
but are not limited to, lease-purchase agreements.
(e) May accept money or property donated for the use or benefit
of the district and use the money or property for the purpose for
which it was donated.
(7) The education service district board may adopt rules it
considers necessary to carry out the duties of the board.
(8) The education service district may contract with public and
private entities for service delivery.
(9)(a) The education service district shall work cooperatively
with component school districts { + , early childhood services
providers and post-secondary education institutions + }and
review periodically with { - component school districts - }
{ + the districts, providers and institutions + } the operations
of component school districts and shall submit to the component
school districts plans for operations that achieve economies and
efficiencies through consolidation of various operations of all
or some of the districts { + and the consolidation of various
operations of providers and institutions + }. The education
service district and its component school districts shall submit
an annual report on the effectiveness of the consolidation of
operations to the State Board of Education.
(b) As used in this subsection, 'operations' means services
involving transportation, payroll, student records, auditing,
legal services, insurance, printing, investment and other similar
services.
SECTION 11. ORS 334.025 is amended to read:
334.025. (1) The board of directors of an education service
district shall consist of { - seven, nine or 11 members. - }
{ + nine members as follows:
(a) Four directors shall represent zones established under ORS
334.032 and shall be elected by the boards of the component
school districts; and
(b) Five directors shall be appointed by the directors
described in paragraph (a) of this subsection, including one
at-large director and a director representing each of the
following:
(A) Public post-secondary education institutions located within
the territory of the education service district or, if a public
post-secondary education institution is not located within the
territory of the education service district, a public
post-secondary education institution located within this state;
(B) Early childhood services providers;
(C) Social services providers; and
(D) The business community.
(3)(a) Prior to the end of the term of office of any elected
director of an education service district, the boards of the
component school districts within the zone the director
represented shall elect a successor whose term begins on July 1
next following. Each component school district board shall have
one vote. An elected director is eligible for reelection.
(b) Prior to the end of the term of office of any appointed
director of an education service district, the directors
described in subsection (1)(a) of this section shall appoint a
successor whose term begins on July 1 next following. A director
who was appointed under subsection (1)(b) of this section is
eligible for reappointment.
(4) Any vacancy on the board of directors of an education
service district that occurs before the end of the term of office
of a director of an education service district shall be filled
following the process described in this section. + }
{ - (2) In education service districts, not fewer than five
of the directors shall be elected, one from each of the zones
established under ORS 334.032. At the discretion of the board of
directors, one or two board members may be elected from the
district at large. - }
{ - (3) - } { + (5) + } On the petition of two component
school districts, the board shall establish local advisory
committees to represent the interests of areas within the
petitioning districts. The local advisory committees shall advise
the board on matters of concern within the advisory committee's
area. Local advisory committees shall represent two or more
component school districts.
{ - (4) The board of directors may by resolution increase or
decrease the number of members of the board. The board's
resolution shall be entered with sufficient time for the board to
give the required information to the elections officer under ORS
255.069, and the board's resolution shall have no effect on the
terms of any current board members. - }
SECTION 12. ORS 334.032 is amended to read:
334.032. (1) The board of directors of an education service
district shall divide the education service district into
{ - not more than 11 - } { + four + } zones as nearly equal in
census population as may be practicable, measured along common
school district boundary lines except that zones may be
established using voting precinct boundaries in order to achieve
greater equality of population. If possible, the board shall
establish the zones so that each county within the education
service district, the majority of the land area of which lies
within the boundaries of the education service district, has at
least one member on the board.
(2) Each county within the education service district, the
majority of the land area of which lies within the boundaries of
the education service district, shall have at least one member on
the board or shall have at least one member on the budget
committee of the education service district.
(3) The board { + of directors of an education service
district + } may readjust the boundaries of the zones once each
year and shall readjust the boundaries of the zones immediately
upon any change of the boundaries of the education service
district { + or a component school district + }.
SECTION 13. ORS 334.090 is amended to read:
334.090. (1) The term of office of director of an education
service district shall be four years.
(2) The term of office of each director of an education service
district shall begin on July 1 next following the date of
election { + or appointment + }. A director shall serve until
June 30 next following the election { + or appointment + } of a
successor.
(3) A director of an education service district must qualify by
taking an oath of office before assuming the duties of office.
(4) A newly { + elected or + } appointed director of an
education service district shall take office at the meeting of
the education service district board next following the
{ + election or + } appointment.
(5) A person is not eligible to serve as a director of an
education service district unless the person is an elector of the
district and has resided therein for a period of one year
immediately preceding the election or appointment.
(6) { - No - } { + An + } employee of an education service
district is { + not + } eligible to serve as a director of the
education service district by which the employee is employed.
{ - (7) A regular district election shall be held in a
district to fill any vacancy and to elect a successor for any
director whose term expires June 30 next following the election.
A successor shall be elected as follows: - }
{ - (a) If the director was elected from a zone established
under ORS 334.032, a successor from the same zone shall be
elected by the electors of the zone. - }
{ - (b) If the director was elected at large a successor
shall be elected at large by the electors of the district. - }
{ - (8) Notwithstanding subsection (7) of this section, in
any district having a population of 550,000 or more according to
the latest federal census that becomes zoned according to ORS
334.032, the board shall determine prior to the nomination of
school directors which positions shall be from zones and which
positions shall be at large. - }
{ - (9) Any vacancy on the board from any zone shall be
filled by the remaining directors from among the qualified
persons in that zone. Any such vacancy from the district at large
shall be filled by the remaining directors from among the
qualified persons in the district. However, if vacancies occur in
a majority of the positions on the board, the State Board of
Education shall fill the vacancies from among the qualified
persons of the zones, if any, or from among other persons who are
qualified to serve. The period of service of an appointee under
this subsection expires June 30 next following the next regular
district election at which a successor is elected. The successor
shall be elected to serve the remainder, if any, of the term for
which the appointment was made. If the term for which the
appointment was made expires June 30 after the election of the
successor, the successor shall be elected to a full term. In
either case, the successor shall take office July 1 next
following the election. - }
SECTION 14. ORS 334.095, as amended by section 10, chapter 91,
Oregon Laws 2012, is amended to read:
334.095. (1) The education service district board shall declare
the office of a director vacant when the incumbent:
(a) Dies or resigns;
(b) Is removed from office or a court declares the election
{ + or appointment + } for the office void;
(c) Ceases to be a resident of a school district that is
located within the territory of the education service district;
(d) Subject to subsection (3) of this section { + and only for
an elected director + }, ceases to be a resident of the zone from
which nominated; { + or + }
(e) Ceases to discharge the duties of office for two
consecutive months unless prevented from discharging the duties
by sickness or other unavoidable cause { + . + } { - ; or - }
{ - (f) Is recalled. - }
(2) The education service district board may not declare the
office of a director vacant if the director is a resident of a
school district that withdraws from the education service
district as provided by ORS 334.015 unless:
(a) The director's term expires; or
(b) The education service district board declares the office
vacant for a reason described in subsection (1) of this section.
(3) { - A director nominated from a zone - } { + An elected
director + } who changes permanent residence from one zone to
another zone { - in which another director resides - } shall
continue to serve as director until { - the next regular
election when a successor shall be - } { + a successor is + }
elected to serve for the remainder of the unexpired term { + as
provided by ORS 334.025 + }.
(4) A director guilty of misfeasance or malfeasance in office,
by the appropriate proceeding, may be removed from office by a
court of competent jurisdiction.
{ - (5) Members may be recalled in the manner provided in ORS
249.865 to 249.877. If the member was elected by a zone, the
recall petition shall be signed by electors from that zone and
electors from the zone are the only electors eligible to vote in
the recall election. If the member was elected at large, the
recall petition shall be signed by electors from the district and
electors from the district are eligible to vote in the recall
election. - }
SECTION 15. ORS 334.100 is amended to read:
334.100. (1) Each education service district board shall meet
during July and organize by electing one of its members
chairperson and one vice chairperson, each of whom shall serve
until a successor is elected { - and qualified - } { + as
chairperson or vice chairperson + }. No member shall serve as
chairperson for more than two years in succession.
(2) Regular meetings of an education service district board
shall be held on meeting dates determined by the board. Special
meetings may be held on dates to be determined by the board.
(3) Members of the education service district board shall
receive no compensation for their services, but shall be
reimbursed for all traveling and other expenses necessarily
incurred in performing their duties as members of the board.
(4) A majority of the members of the education service district
board shall constitute a quorum. A lesser number may meet and
adjourn from time to time and compel the presence of absent
members. The affirmative vote of a majority of members of the
board is required to transact any business.
(5) Any duty imposed upon the education service district board
as a body must be performed at a regular or special meeting and
must be made a matter of record. The consent to any particular
measure obtained of individual members when the board is not in
session is not an act of the board and is not binding upon the
district.
SECTION 16. ORS 334.730 is amended to read:
334.730. { - (1) - } Immediately after the order to join two
or more education service districts together, the boards of
directors of all education service districts within the
boundaries of the new district shall meet together upon the call
of the chairperson of the board of the most populous district.
{ - Notwithstanding ORS 334.025 or ORS chapter 255, - } The
joint board of directors shall divide the new district into
{ - as many zones as the board considers necessary, but not
fewer than seven nor more than 11 - } { + four zones + }. The
zones shall be as nearly equal in population as may be
practicable. If possible, the joint board shall establish the
zones so that each county within the new education service
district, the majority of the land area of which lies within the
boundaries of the education service district, has at least one
member on the board.
{ - (2) Within 90 days after the zones required in subsection
(1) of this section are established, the joint board of directors
shall call a special election in the new district for the purpose
of electing directors, one of whom shall be elected from each
zone established under subsection (1) of this section by the
electors of the zone. - }
SECTION 17. ORS 334.760 is amended to read:
334.760. { - During the period following their election
and - } Prior to the date the new education service district
comes into existence, the board of directors of the new education
service district may take such action as is essential in order
that the new district may carry out its required functions when
it comes into existence, including the preparation and adoption
of a budget for the new district. Expenditures of the board under
this section shall be paid from the budgets of the component
education service districts on a prorated basis.
SECTION 18. ORS 255.005 is amended to read:
255.005. As used in this chapter:
(1) 'County clerk' means the county clerk or the county
official in charge of elections.
(2) 'District board' means the governing body of a district.
(3) 'District election' means any election authorized or
required to be held by a district.
(4) 'District elections authority' means the county court or
board of county commissioners, district board or other body or
officer authorized or required to call a district election.
(5) 'Elections officer' means the:
(a) County clerk of the county in which the administrative
office of the district is located regarding a measure, or a
candidate for an office, to be voted on in a district located in
more than one county.
(b) County clerk regarding a measure, or a candidate for an
office, to be voted on in a district situated wholly within the
county.
(6) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(7) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(8) 'Regular district election' means the election held each
year for the purpose of electing members of any district board as
defined in subsection (2) of this section.
(9) 'School district' means a common school district, a union
high school district { - , an education service district - } or
a community college district.
SECTION 19. ORS 260.432 is amended to read:
260.432. (1) No person shall attempt to, or actually, coerce,
command or require a public employee to influence or give money,
service or other thing of value to promote or oppose any
political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder.
(2) No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose
any political committee or promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the
right of a public employee to express personal political views.
(3) Each public employer shall have posted in a conspicuous
place likely to be seen by its employees the following notice in
printed or typewritten form:
_________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on
your political activities are that 'No public employee shall
solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering
of signatures on an initiative, referendum or recall petition,
the adoption of a measure or the recall of a public office holder
while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal
political views. '
It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
_________________________________________________________________
(4) Nothing in this section prohibits an employee of the
legislative branch from explaining the vote of a member of the
Legislative Assembly on:
(a) An Act that has been referred to the people by law or
petition under section 1 (3), Article IV of the Oregon
Constitution;
(b) An Act for which a prospective referendum petition has been
filed under ORS 250.045; or
(c) A constitutional amendment or revision proposed under
section 1 or 2, Article XVII of the Oregon Constitution.
(5) As used in this section:
(a) 'Public employee' does not include an elected official or a
person { - appointed as a director to the board of a pilot
education service district under section 11, chapter 828, Oregon
Laws 2005 - } { + serving on the board of directors of an
education service district + }.
(b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal
corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public
corporations.
SECTION 20. ORS 260.432, as amended by section 8, chapter 589,
Oregon Laws 2007, and section 16, chapter 9, Oregon Laws 2010, is
amended to read:
260.432. (1) No person shall attempt to, or actually, coerce,
command or require a public employee to influence or give money,
service or other thing of value to promote or oppose any
political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder.
(2) No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose
any political committee or promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the
right of a public employee to express personal political views.
(3) Each public employer shall have posted in a conspicuous
place likely to be seen by its employees the following notice in
printed or typewritten form:
_________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on
your political activities are that 'No public employee shall
solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering
of signatures on an initiative, referendum or recall petition,
the adoption of a measure or the recall of a public office holder
while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal
political views. '
It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
_________________________________________________________________
(4) Nothing in this section prohibits an employee of the
legislative branch from explaining the vote of a member of the
Legislative Assembly on:
(a) An Act that has been referred to the people by law or
petition under section 1 (3), Article IV of the Oregon
Constitution;
(b) An Act for which a prospective referendum petition has been
filed under ORS 250.045; or
(c) A constitutional amendment or revision proposed under
section 1 or 2, Article XVII of the Oregon Constitution.
(5) As used in this section:
(a) 'Public employee' does not include an elected official
{ + or a person serving on the board of directors of an
education service district + }.
(b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal
corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public
corporations.
SECTION 21. { + (1) The term of office of a director who
serves on a board of directors of an education service district
on the effective date of this 2013 Act terminates on June 30,
2014.
(2) Notwithstanding the term of office specified in ORS
334.090, of the members of the board of directors of an education
service district described in ORS 334.025 who are first elected
or appointed to the board on or after July 1, 2014:
(a) At least two elected members shall serve for terms ending
July 1, 2016.
(b) At least two elected members shall serve for terms ending
July 1, 2018.
(c) At least two appointed members shall serve for terms ending
July 1, 2016.
(d) At least three appointed members shall serve for terms
ending July 1, 2018. + }
SECTION 22. Section 5, chapter 59, Oregon Laws 2010, is amended
to read:
{ + Sec. 5. + } (1) The term of office of a director who
serves on the board of directors of the Northwest Regional
Education Service District terminates on June 30, { - 2013 - }
{ + 2014 + }, if:
(a) The director was elected or appointed under section 11,
chapter 828, Oregon Laws 2005; and
(b) The director's term of office has not been completed by
June 30, { - 2013 - } { + 2014 + }.
(2) The term of office of a director who serves on the board of
directors of the Willamette Education Service District or the
High Desert Education Service District terminates on June 30,
{ - 2013 - } { + 2014 + }, if the director was elected or
appointed under section 11, chapter 828, Oregon Laws 2005.
SECTION 23. Section 15, chapter 828, Oregon Laws 2005, as
amended by section 6, chapter 589, Oregon Laws 2007, and section
6, chapter 59, Oregon Laws 2010, is amended to read:
{ + Sec. 15. + } (1) Sections 11, 12 and 13, chapter 828,
Oregon Laws 2005, are repealed on June 30, { - 2013 - } { +
2014 + }.
(2) The amendments to ORS 260.432 by section 8, chapter 589,
Oregon Laws 2007, become operative on June 30, { - 2013 - }
{ + 2014 + }.
SECTION 24. { + (1) ORS 334.035, 334.045, 334.740 and 334.750
are repealed.
(2) Section 14, chapter 828, Oregon Laws 2005, as amended by
section 5, chapter 589, Oregon Laws 2007, and section 3, chapter
59, Oregon Laws 2010, is repealed. + }
SECTION 25. { + (1) The amendments to ORS 334.003, 334.005,
334.125 and 334.175 by sections 7 to 10 of this 2013 Act become
operative July 1, 2013.
(2) The amendments to ORS 255.005, 260.432, 334.025, 334.032,
334.090, 334.095, 334.100, 334.730 and 334.760 by sections 11 to
20 of this 2013 Act and the repeal of ORS 334.035, 334.045,
334.740 and 334.750 by subsection 24 (1) of this 2013 Act become
operative on July 1, 2014. + }
SECTION 26. { + 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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