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 2959

                         House Bill 3359

Sponsored by Representative MCLANE

                             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 division of Crook
County School District into two districts. Specifies conditions
for division of districts.
  Sunsets on July 1, 2015.

                        A BILL FOR AN ACT
Relating to school districts.
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 chapter 330. + }
  SECTION 2.  { + (1) Upon receipt of a petition meeting the
requirements of subsections (2) and (3) of this section, the
district boundary board for Crook County School District shall
approve a petition to divide Crook County School District into
two districts. The two districts shall be Crook County School
District and a district designated as Brothers School District.
Each school district shall offer educational programs in
kindergarten through grade 12.
  (2) A petition for a proposed change allowed under this section
must contain the signatures of at least five percent of the
electors of the school district or 500 electors of the school
district, whichever is less.
  (3) A petition submitted under this subsection must:
  (a) Be directed to the district boundary board of the county or
counties having jurisdiction over the school district;
  (b) Contain the names and numbers of the school districts that
will result from the division; and
  (c) Contain a concise statement of the distribution of all real
and personal property of the former district that is located in
the territory of the proposed Brothers School District.
  (4)(a) After the district boundary board receives the petition
and determines that it meets the requirements of subsections (2)
and (3) of 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 Brothers School District; and
  (B) The school district board of Crook County School District
shall appoint three members of the school district board.
  (b) The persons appointed under this subsection shall negotiate
and decide the distribution of assets and liability of Crook
County School District.
  (c) If the persons appointed under this subsection are unable
to agree unanimously upon the distribution of assets and
liabilities within 30 days of the appointment of the last person,
the Superintendent of Public Instruction shall decide the
distribution of assets and liabilities.
  (5) After the decision on the distribution of assets and
liabilities has been issued, the district boundary board shall
issue an order that:
  (a) Distributes the assets and liabilities as provided in the
decision; and
  (b) Specifies the new boundaries of Crook County School
District and Brothers School District, which shall become
effective as provided by ORS 330.103.
  (6) Notwithstanding ORS 330.101, the board may not allow a
remonstrance petition or election in relation to a petition
submitted as provided by this section.
  (7) The district boundary board shall appoint by order five
electors of Brothers School District as the initial school
district board for the school district. Three of the members
shall be appointed to serve until June 30 following the election
of their successors at the next district election. Two of the
members shall be appointed to serve until June 30 following the
election of their successors at the next succeeding district
election.
  (8) Employees of Crook County School District may elect to
transfer to Brothers School District upon the creation of
Brothers School District. A former school district employee of
Crook County School District may not be deprived of seniority or
accumulated sick leave solely because the duties of the employees
have been assumed or acquired by Brothers School District.
  (9)(a) Notwithstanding ORS 330.103 (1), if, prior to July 1,
2014, the district boundary board files with the county assessor
and the Department of Revenue the legal description of the
division of Crook County School District pursuant to ORS 308.225,
the division of the school district shall become effective on
July 1, 2014.
  (b) Notwithstanding paragraph (a) of this subsection, for
purposes of levying taxes, the division of Crook County School
District shall become effective on May 31, 2015, and Crook County
School District shall continue to levy taxes for both school
districts until that date. + }
  SECTION 3.  { + Section 2 of this 2013 Act is repealed on July
1, 2015. + }
                         ----------