Bill Text: OR SB501 | 2013 | Regular Session | Introduced

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Bill Title: Relating to school mascots; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB501 Detail]

Download: Oregon-2013-SB501-Introduced.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 2875

                         Senate Bill 501

Sponsored by Senator CLOSE (at the request of Linn County
  Commissioner John Lindsey)

                             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.

  Prohibits State Board of Education from adopting standards or
rules that permit Superintendent of Public Instruction to find
school district to be nonstandard or to withhold moneys or impose
sanctions related to use of mascot by public school.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to school mascots; amending ORS 326.051; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 326.051 is amended to read:
  326.051. Subject to ORS 417.300 and 417.305:
  (1) In addition to such other duties as are prescribed by law
and pursuant to the requirement of ORS chapter 183, the State
Board of Education shall:
  (a) Establish state standards for public kindergartens and
public elementary and secondary schools consistent with the
policies stated in ORS 326.011.
  (b) Adopt rules for the general governance of public
kindergartens and public elementary and secondary schools and
public community colleges.
  (c) Prescribe required or minimum courses of study.
  (d) Adopt rules regarding school and interscholastic
activities.
  (e) Adopt rules that provide that no public elementary or
secondary school shall discriminate in determining participation
in interscholastic activities. As used in this paragraph, '
discrimination' has the meaning given that term in ORS 659.850.
  (f) Adopt rules that will eliminate the use and purchase of
elemental mercury, mercury compounds and mercury-added
instructional materials by public elementary and secondary
schools.
  (2) The State Board of Education may:
  (a) Consistent with the laws of this state, accept money or
property not otherwise provided for under paragraph (b) of this
subsection, which is donated for the use or benefit of the public
kindergartens and public elementary and secondary schools and
public community colleges and use such money or property for the
purpose for which it was donated. Until it is used, the board
shall deposit any money received under this paragraph in a
special fund with the State Treasurer as provided in ORS 293.265
to 293.275.
  (b) Apply for federal funds and accept and enter into any
contracts or agreements on behalf of the state for the receipt of
such funds from the federal government or its agencies for:
  (A) Educational purposes, including but not limited to any
funds available for the school lunch program;
  (B) Career and technical education programs;
  (C) Adult education programs;
  (D) Workforce training programs; and
  (E) Any grants available to the state or its political
subdivisions for general federal aid for public kindergartens,
public elementary schools, public secondary schools and public
community colleges and their auxiliary services, improvement of
teacher preparation, teacher salaries, construction of school
buildings, administration of the Department of Education and any
other educational activities under the jurisdiction of the State
Board of Education.
  (c) Adopt rules to administer the United States Department of
Agriculture's National School Lunch Program and School Breakfast
Program for public and private prekindergarten through grade 12
schools and residential child care facilities.
   { +  (3) The State Board of Education may not adopt any
standards or rules that authorize the Superintendent of Public
Instruction to:
  (a) Find a school district to be nonstandard under ORS 327.103
based on the use of a mascot by a public school of this state; or
  (b) Withhold moneys or impose sanctions based on the use of a
mascot by a public school of this state if the withholding of
moneys or imposition of sanctions is not required by federal
law. + }
    { - (3) - }   { + (4) + } The State Board of Education shall
provide a separate, identifiable place on its agenda six times a
year for community college issues. The state board may also
consider matters affecting community colleges at any regular or
special meeting.
  SECTION 2.  { + 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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