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

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

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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-Engrossed.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 1633

                           A-Engrossed

                         House Bill 3401
                  Ordered by the House April 16
            Including House Amendments dated April 16

Sponsored by Representative NATHANSON (at the request of Sheldon
  Berman, Colt Gill and Nancy Golden)

                             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.

    { - Increases percentages of moneys from State School Fund
and local revenues that education service districts are required
to distribute to school districts. - }
    { - Allows school district to contract for services from any
education service district or other service provider. - }
   { +  Allows school district boards of school districts located
in specified regions to request distribution of percentage of
moneys available to education service district from State School
Fund and local revenues.
  Establishes Education Service District Portability Stability
Account. Continuously appropriates moneys in account to Office of
Regional Educational Services for purpose of making distributions
to education service district for distributions made to school
districts for 2013-2014 school year.
  Declares emergency, effective on passage. + }

                        A BILL FOR AN ACT
Relating to education service districts; creating new provisions;
  amending ORS 334.177; appropriating money; 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) 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. + }
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