74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2343
A-Engrossed
Senate Bill 462
Ordered by the Senate May 9
Including Senate Amendments dated May 9
Sponsored by Senator KRUSE
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.
{ - Directs district boundary board to accept petition to
divide South Umpqua School District No. 19 into two districts.
Specifies conditions of division. - }
{ + Requires Superintendent of Public Instruction to issue
fact-finding report on division of South Umpqua School District
No. 19 into two districts. Provides for selection and duties of
fact finder.
Requires report to order district boundary board to submit
question of dividing district to school district electors, to
recommend conversion of Canyonville School to public charter
school or to consider alternative for operation of Canyonville
School.
Requires district boundary board to proceed with division if
majority of votes cast in election approve. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to South Umpqua School District No. 19; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS 330.092 to 330.101. + }
SECTION 2. { + (1) On or before October 31, 2007, the
Superintendent of Public Instruction shall issue a fact-finding
report on the division of the South Umpqua School District No. 19
into two districts. The two districts shall be the South Umpqua
School District No. 19 and a district designated as the
Canyonville School District. Each district shall offer
educational programs in kindergarten through grade 12.
(2) The superintendent shall designate a fact finder to gather
information and make recommendations about the division of the
South Umpqua School District No. 19. The South Umpqua School
District No. 19 Board and the Canyonville School Committee shall
jointly submit a list of fact finder candidates to the
superintendent. The list shall have no more than six names. The
superintendent shall select the fact finder from the list.
(3) The fact finder shall consult with the South Umpqua School
District No. 19 Board and the Canyonville School Committee. The
fact finder shall:
(a) Consider whether the question of dividing the South Umpqua
School District No. 19 should be submitted to the electors of the
school district;
(b) Consider converting the Canyonville School to a public
charter school; and
(c) Consider other alternatives for the operation of the
Canyonville School.
(4) In considering the division of the South Umpqua School
District No. 19, the fact finder shall review:
(a) The impact of the division on the South Umpqua School
District No. 19;
(b) The plan for the division of the assets and liabilities of
the South Umpqua School District No. 19;
(c) The school facilities of the proposed Canyonville School
District;
(d) The expected income and expenditures of the proposed
Canyonville School District;
(e) The business management plan for the proposed Canyonville
School District;
(f) The education program and the ability of the proposed
Canyonville School District to meet state and federal education
standards; and
(g) Any other relevant issues relating to the division of the
South Umpqua School District No. 19.
(5) Based on the findings and recommendations of the fact
finder, the superintendent shall issue a fact-finding report that
shall include:
(a) An order for the district boundary board of the South
Umpqua School District No. 19 to submit the question of dividing
the South Umpqua School District No. 19 to the electors of the
school district. The order of the superintendent shall specify
the new boundaries of the South Umpqua School District No. 19 and
shall specify the distribution of the assets and liabilities of
the former district;
(b) A recommendation to convert the Canyonville School to a
public charter school; or
(c) A recommendation for another alternative for the operation
of the Canyonville School.
(6) If the superintendent orders the district boundary board to
send the question of dividing the South Umpqua School District
No. 19 to the electors of the school district, the district
boundary board, acting as the district elections authority on
behalf of the South Umpqua School District No. 19, shall submit
the question of dividing the South Umpqua School District No. 19
to the electors of the school district prior to April 1, 2008.
(7) If a majority of votes cast approve the division of the
South Umpqua School District No. 19, the district boundary board
shall proceed to divide the South Umpqua School District No. 19
based on the order of the superintendent. The district boundary
board shall appoint by order five electors of the Canyonville
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.
(8) A remonstrance petition or election under ORS 330.101 is
not allowed on the division of the South Umpqua School District
No. 19.
(9) The employees of the former school district who have been
employed at a school that is within the new Canyonville School
District may elect to transfer to the Canyonville School District
upon the creation of the school district. A school district
employee of the former school district may not be deprived of
seniority or accumulated sick leave solely because the duties of
the employee have been assumed or acquired by the new school
district.
(10)(a) Notwithstanding ORS 330.103 (1), if prior to July 1,
2008, the district boundary board files with the county assessor
and the Department of Revenue the legal description of the
division of the South Umpqua School District No. 19 pursuant to
ORS 308.225, the division of the school district shall become
effective on July 1, 2009.
(b) Notwithstanding paragraph (a) of this subsection, for
purposes of levying taxes, the division of the South Umpqua
School District No. 19 shall become effective on May 31, 2008,
and the South Umpqua School District No. 19 shall continue to
levy taxes for both school districts for the 2008-2009 fiscal
year.
(11) The South Umpqua School District No. 19 and the
Canyonville School Committee shall each pay to the Department of
Education 50 percent of the costs of the superintendent and the
department of administering this section. + }
SECTION 3. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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