Chapter 169 Oregon Laws 2001

AN ACT

HB 2291

Relating to school districts; creating new provisions; amending ORS 328.205; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 3 of this 2001 Act are added to and made a part of ORS chapter 332.

SECTION 2. (1) A district school board may lease, purchase, construct, reconstruct, improve, repair, equip and furnish a school in another school district and may expend bond proceeds and other funds available to the board for such purposes if the board has the written permission of the district school board of the school district in which the school will be located. The written permission required by this subsection shall be obtained prior to the first day on which students will attend classes in the school.

(2) If a district school board opens a school in another school district and does not obtain the written permission required by subsection (1) of this section, the board of the school district in which the school has been opened may file a complaint with the Superintendent of Public Instruction. Upon receipt of a complaint, the state superintendent shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470. If it is determined that the written permission required by subsection (1) of this section was not obtained, the state superintendent shall withhold the State School Fund grant otherwise allocated to the district that opened the school in another district until the written permission is obtained or until some other date as determined by the state superintendent.

SECTION 3. Section 2 of this 2001 Act applies to schools in which students attend classes for the first time on or after January 1, 2000.

SECTION 4. ORS 328.205 is amended to read:

328.205. (1) Common and union high school districts may contract a bonded indebtedness for any one or more of the following purposes [in and] for the district:

(a) To acquire, construct, reconstruct, improve, repair, equip or furnish a school building or school buildings or additions thereto;

(b) To fund or refund the removal or containment of asbestos substances in school buildings and for repairs made necessary by such removal or containment;

(c) To acquire or to improve all property, real and personal, appurtenant thereto or connected therewith, including school buses;

(d) To fund or refund outstanding indebtedness; and

(e) To provide for the payment of the debt.

(2) However, when a common or union high school district is found under ORS 327.103 not to be a standard school or when a school district is operating a conditionally standard school under ORS 327.103 (3), the school district may contract a bonded indebtedness only for the purposes enumerated in subsection (1) of this section that are approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education.

(3) The school district may use the proceeds received from the sale of school district bonds to pay for any costs incurred by such school district in issuing and selling such bonds including, but not limited to, attorney fees and the cost of publishing notices of bond elections, printing such bonds and advertising such bonds for sale.

SECTION 5. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor May 22, 2001

Filed in the office of Secretary of State May 22, 2001

Effective date May 22, 2001

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