Bill Text: OR HB3401 | 2013 | Regular Session | Enrolled
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-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3401
Sponsored by Representative NATHANSON; Representative UNGER,
Senator EDWARDS (at the request of Sheldon Berman, Colt Gill
and Nancy Golden)
CHAPTER ................
AN ACT
Relating to education service districts; creating new provisions;
amending ORS 334.177; 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 a percentage of the amounts identified in
subsection (2) of this section be distributed to the school
district for any purpose identified by the school district board.
The percentage requested as provided by this paragraph may not
exceed:
(A) Sixty-five percent of all amounts received from the State
School Fund and attributable to the school district and 65
percent of all amounts considered to be local revenues of the
education service district and attributable to the school
district; or
(B) Seventy-five percent of all amounts received from the State
School Fund and attributable to the school district and 75
percent of all amounts considered to be local revenues of the
education service district and attributable to the school
district, if the school district board is able to provide
evidence that the school district meets the expenditure
requirement described in paragraph (b) of this subsection.
(b) A school district board may request the percentage
identified in paragraph (a)(B) of this subsection if the school
district expends at least the difference between paragraph (a)(B)
of this subsection and paragraph (a)(A) of this subsection on
services from one or more education service districts other than
Enrolled House Bill 3401 (HB 3401-B) Page 1
the education service district in which the school district is
located.
(c) 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.
(d) The education service district board:
(A) Shall approve a request submitted as provided by this
subsection; and
(B) Shall determine the amounts attributable to the school
district and eligible for distribution based on the weighted
average daily membership (ADMw) of the school district for which
the request was made.
(e) For each school year for which a school district receives a
distribution as provided by this subsection, 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
(a) of this subsection that is greater than 50 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. { + The amendments to ORS 334.177 by section 1 of
this 2013 Act first apply to expenditures occurring for the
2014-2015 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) 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 a percentage of the amounts identified in subsection
(2) of this section be distributed to the school district for any
purpose identified by the school district board. The percentage
requested as provided by this paragraph may not exceed:
(A) { - Sixty-five - } { + Seventy-five + } percent of all
amounts received from the State School Fund and attributable to
the school district and { - 65 - } { + 75 + } percent of all
amounts considered to be local revenues of the education service
district and attributable to the school district; or
Enrolled House Bill 3401 (HB 3401-B) Page 2
(B) { - Seventy-five - } { + Eighty-five + } percent of all
amounts received from the State School Fund and attributable to
the school district and { - 75 - } { + 85 + } percent of all
amounts considered to be local revenues of the education service
district and attributable to the school district, if the school
district board is able to provide evidence that the school
district meets the expenditure requirement described in paragraph
(b) of this subsection.
(b) A school district board may request the percentage
identified in paragraph (a)(B) of this subsection if the school
district expends at least the difference between paragraph (a)(B)
of this subsection and paragraph (a)(A) of this subsection on
services from one or more education service districts other than
the education service district in which the school district is
located.
(c) 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.
(d) The education service district board:
(A) Shall approve a request submitted as provided by this
subsection; and
(B) Shall determine the amounts attributable to the school
district and eligible for distribution based on the weighted
average daily membership (ADMw) of the school district for which
the request was made.
(e) For each school year for which a school district receives a
distribution as provided by this subsection, 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
(a) of this subsection that is greater than 50 percent.
(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.
(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 4. { + (1) The amendments to ORS 334.177 by section 3
of this 2013 Act become operative July 1, 2015.
(2) The amendments to ORS 334.177 by section 3 of this 2013 Act
first apply to expenditures occurring for the 2015-2016 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) 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
Enrolled House Bill 3401 (HB 3401-B) Page 3
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 a percentage of the amounts identified in subsection
(2) of this section be distributed to the school district for any
purpose identified by the school district board. { - The
percentage requested as provided by this paragraph may not
exceed: - }
{ - (A) Seventy-five percent of all amounts received from the
State School Fund and attributable to the school district and 75
percent of all amounts considered to be local revenues of the
education service district and attributable to the school
district; or - }
{ - (B) Eighty-five percent of all amounts received from the
State School Fund and attributable to the school district and 85
percent of all amounts considered to be local revenues of the
education service district and attributable to the school
district, if the school district board is able to provide
evidence that the school district meets the expenditure
requirement described in paragraph (b) of this subsection. - }
{ - (b) A school district board may request the percentage
identified in paragraph (a)(B) of this subsection if the school
district expends at least the difference between paragraph (a)(B)
of this subsection and paragraph (a)(A) of this subsection on
services from one or more education service districts other than
the education service district in which the school district is
located. - }
{ - (c) - } { + (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.
{ - (d) - } { + (c) + } The education service district
board:
(A) Shall approve a request submitted as provided by this
subsection; and
(B) Shall determine the amounts attributable to the school
district and eligible for distribution based on the weighted
average daily membership (ADMw) of the school district for which
the request was made.
{ - (e) - } { + (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 (a) of this subsection
that is greater than 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 (a)
of this subsection that is 100 percent. + }
Enrolled House Bill 3401 (HB 3401-B) Page 4
(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.
(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 6. { + (1) The amendments to ORS 334.177 by section 5
of this 2013 Act become operative July 1, 2016.
(2) The amendments to ORS 334.177 by section 5 of this 2013 Act
first apply to expenditures occurring for the 2016-2017 school
year. + }
SECTION 7. { + (1) The President of the Senate and the Speaker
of the House of Representatives shall jointly convene a work
group to:
(a) Explore options for optimal regional education delivery
systems; and
(b) Propose legislation related to the findings of the work
group.
(2) The work group shall consist of the following 10 members:
(a) Two members selected by the President of the Senate from
among members of the Senate.
(b) Two members selected by the Speaker of the House of
Representatives from among members of the House of
Representatives.
(c) Six members jointly selected by the President of the Senate
and the Speaker of the House of Representatives to represent:
(A) The Department of Education;
(B) The Confederation of Oregon School Administrators;
(C) The Oregon School Boards Association;
(D) The Oregon Association of Education Service Districts;
(E) The Oregon Education Association; and
(F) The Oregon School Employees Association.
(3) The members of the work group identified in subsection
(2)(c)(B) to (F) of this section shall provide staff support to
the work group.
(4) The work group shall submit a report, and include
recommendations for legislation, to the interim legislative
committees on education no later than November 20, 2013. + }
SECTION 8. { + Section 7 of this 2013 Act is repealed on the
date of the convening of the 2014 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
SECTION 9. { + 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 in ORS 334.177 (3) shall
submit a report to the interim legislative committees related to
education no later than November 1, 2016. + }
SECTION 10. { + 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
July 1, 2013. + }
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Enrolled House Bill 3401 (HB 3401-B) Page 5
Passed by House July 1, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 6, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3401 (HB 3401-B) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3401 (HB 3401-B) Page 7
