Chapter 321 Oregon Laws 2003
AN ACT
SB 372
Relating to school districts; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 330.092 to 330.101.
SECTION
2. (1) Notwithstanding any other
provision of law, a district boundary board shall approve a petition to divide
Morrow County School District No. 1 into two districts if:
(a)
The petition meets the requirements of this section and ORS 330.095; and
(b)
The petition contains the signatures of at least five percent of the electors
or 500 electors of the district, whichever is less.
(2)
The two districts shall be Morrow County School District No. 1 and a district
designated as Ione School District. Each district shall offer educational
programs in kindergarten through grade 12.
(3)
The petition submitted to the district boundary board shall contain a proposal
for distribution of all real and personal school property of the former
district that is located in the proposed Ione School District to the Ione
School District.
(4)
After the district boundary board receives the petition, the board shall
appoint three chief sponsors of the petition or their designees from the
residents of the attendance area of the Ione School and the board of the Morrow
County School District No. 1 shall appoint three members of the school
district board to negotiate and decide the distribution of assets and
liabilities of the Morrow County School District No. 1. The assets and
liabilities of the Morrow County School District No. 1 that exist on June 30,
2003, shall be divided so that 7.34 percent of the assets and liabilities go to
the Ione School District. If the persons appointed under this subsection are
unable to agree unanimously upon the distribution of assets and liabilities
within 30 days of the appointment of the last person, the decision on the
distribution of assets and liabilities shall be made by the Superintendent of
Public Instruction or a designee of the superintendent.
(5)
After the decision on the division of assets and liabilities has been issued,
the district boundary board shall issue an order that divides the Morrow County
School District No. 1 and specifies the new boundaries of the Morrow
County School District No. 1 and the Ione School District.
(6)
The district boundary board shall appoint by order five electors of the Ione
School District as the initial board of directors of the district. Three of the
members shall be appointed to serve until June 30 following the election of
their successors at the next district election. Two of the members shall be
appointed to serve until June 30 following the election of their successors at
the next succeeding district election.
(7)
A remonstrance petition or election may not be allowed on any petition for a
boundary change submitted to the district boundary board under this section.
(8)
The employees of the former school district who have been employed at Ione
School may elect to transfer to the new Ione School District upon the creation
of the districts. A school district employee of the former district may not be
deprived of seniority or accumulated sick leave solely because the duties of
the employee have been assumed or acquired by a new school district.
(9)(a)
Notwithstanding ORS 330.103 (1), if prior to July 1, 2003, the district
boundary board files with the county assessor and the Department of Revenue the
legal description of the division of the Morrow County School District No. 1
pursuant to ORS 308.225, the division of the school district shall become
effective on July 1, 2003.
(b) Notwithstanding paragraph (a) of this subsection, for purposes of levying taxes, the division of the Morrow County School District No. 1 shall become effective on May 31, 2004, and the Morrow County School District No. 1 shall continue to levy taxes for both school districts until that date.
SECTION 3. Section 2 of this 2003 Act is repealed on July 1, 2004.
SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.
Approved by the Governor June 12, 2003
Filed in the office of Secretary of State June 12, 2003
Effective date June 12, 2003
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