Bill Text: OR HB3401 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to education service districts; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-14 - Chapter 751, (2013 Laws): Effective date August 14, 2013. [HB3401 Detail]

Download: Oregon-2013-HB3401-Amended.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 3401

LC 1633/HB 3401-7

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3401

                    By COMMITTEE ON EDUCATION

                            April 16

  On page 1 of the printed bill, line 2, after 'provisions; '
delete the rest of the line and line 3 and insert 'amending ORS
334.177; appropriating money; and declaring an emergency.'.
  Delete lines 5 through 30 and delete pages 2 and 3 and insert:
  '  { +  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) An education service district board shall expend at least
90 percent of all amounts received from the State School Fund and
at least 90 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.
  '  { +  (3)(a) Notwithstanding subsection (2) of this section,
the school district board of a school district that is located in
a region described in ORS 334.013 (1)(a), (e) or (i) may request
in writing that amounts identified in subsection (2) of this
section be distributed to the school district for any purpose
identified by the school district board.
  ' (b) A school district board that makes a request under
paragraph (a) of this subsection:
  ' (A) Must make the request to the education service district
board by November 1 of the year prior to the school year for
which the request is being made; and
  ' (B) Must designate the percentage of the amounts identified
in subsection (2) of this section that will be distributed to the
school district.
  ' (c) The education service district board:
  ' (A) Shall approve a request submitted as provided by this
subsection; and
  ' (B) Shall make the distribution of amounts based on the
weighted average daily membership (ADMw) of the school district
for which the request was made.
  ' (d) For each school year for which a school district receives
a distribution as provided by this subsection:
  ' (A) The school district may act only in an advisory capacity
for decisions made in relation to the governance of the education
service district if the school district board designates a
percentage under paragraph (b)(B) of this subsection that is
greater than or equal to 50 percent but less than 100 percent;
and
  ' (B) Notwithstanding ORS 334.015 and 334.019, the school
district shall be considered to have withdrawn from the education
service district in the manner provided by ORS 334.015 if the
school district board designates a percentage under paragraph
(b)(B) of this subsection that is 100 percent. + }

  '  { - (3) - }   { + (4) + } 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) - }   { + (5) + } 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) Except as provided in
subsection (2) of this section, the amendments to ORS 334.177 by
section 1 of this 2013 Act first apply to the 2014-2015 school
year.
  ' (2) Notwithstanding the deadline specified in ORS 334.177
(3)(b)(A), a school district board for a school district located
in the region described in ORS 334.013 (1)(e) may make a request
to the education service district board for that region by no
later than June 2013, to receive distributions under ORS 334.177
(3) for the 2013-2014 school year. + }
  '  { +  SECTION 3. + }  { + Representatives of the education
service districts of the regions identified in ORS 334.177 (3)(a)
and representatives of any school districts that make a request
for a distribution of amounts as provided by ORS 334.177 (3)
shall submit a report to the interim legislative committees
related to education no later than November 1, 2016. + }
  '  { +  SECTION 4. + }  { + (1) The Education Service District
Portability Stability Account is established in the State
Treasury, separate and distinct from the General Fund. Interest
earned by the account shall be credited to the account.
  ' (2) Moneys in the account are continuously appropriated to
the Office of Regional Educational Services for the purpose of
making distributions to an education service district that was
required to distribute to school districts for the 2013-2014
school year at least 50 percent of the total amounts identified
under ORS 334.177 (2) as the result of a request made under ORS
334.177 (3). Distributions made to an education service district
under this subsection may not exceed 50 percent of the total
amounts that the education service district was required to
distribute as provided by ORS 334.177 (3). + }
  '  { +  SECTION 5. + }  { + (1) Section 4 of this 2013 Act is
repealed on June 30, 2015.
  ' (2) Any moneys remaining in the Education Service District
Portability Stability Account on June 30, 2015, that are
unexpended, unobligated and not subject to any conditions shall
revert to the General Fund. + }
  '  { +  SECTION 6. + }  { + 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. + } ' .
                         ----------