75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2788
A-Engrossed
Senate Bill 574
Ordered by the Senate May 5
Including Senate Amendments dated May 5
Sponsored by COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
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.
{ - Establishes percentages of funds available to education
service district that must be allocated to operational and
administrative expenses. - }
{ - Establishes certain terms and conditions of employment of
persons employed by education service district. - }
{ + Dissolves and merges education service districts to
reduce number of districts from 21 to 13. Requires State Board of
Education to enter orders necessary to establish new districts on
or before January 1, 2011. Makes new districts operative July 1,
2011.
Requires organizing authority of each education service
district to divide district into five zones for purpose of
electing board of directors. Specifies procedures for electing
board. Specifies requirements and terms of office of board
members.
Specifies rights of employees who work for and electors who
reside in education service districts to be dissolved or merged.
Provides that newly formed education service districts receive
specified State School Fund grant based on number of former
education service districts that merged to form new district. + }
A BILL FOR AN ACT
Relating to education service districts; creating new provisions;
amending ORS 260.432, 327.019, 334.020, 334.025, 334.175,
334.730, 334.750 and 334.760 and sections 11 and 12, chapter
828, Oregon Laws 2005; and repealing ORS 334.032, 334.035,
334.045, 334.090, 334.095, 334.100 and 334.740 and sections 10,
13, 14 and 15, chapter 828, Oregon Laws 2005, and section 2,
chapter 589, Oregon Laws 2007.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 334.020 is amended to read:
334.020. (1) { - On and after the effective date of the order
entered under section 25, chapter 784, Oregon Laws 1993, - }
Except as the boundaries of an education service district may be
changed by merger under ORS 334.710 to 334.770 or other provision
of law, the education service districts { + of this state + }
are as follows:
{ - (a) Region 1. Clatsop, Columbia, Tillamook and Washington
Counties. - }
{ - (b) Region 2. Multnomah County. - }
{ - (c) Region 3. Marion and Polk Counties. - }
{ - (d) Region 4. Lincoln, Linn and Benton Counties. - }
{ - (e) Region 5. Lane County. - }
{ - (f) Region 6. Douglas County. - }
{ - (g) Region 7. Coos and Curry Counties and the area lying
within the Reedsport School District. - }
{ - (h) Region 8. Jackson, Josephine and Klamath
Counties. - }
{ - (i) Region 9. Hood River and Wasco Counties. - }
{ - (j) Region 10. Crook and Deschutes Counties. - }
{ - (k) Region 11. Lake County. - }
{ - (L) Region 12. Umatilla and Morrow Counties. - }
{ - (m) Region 13. Union and Baker Counties. - }
{ - (n) Region 14. Malheur County and the area comprising the
Huntington School District. - }
{ - (o) Region 15. Clackamas County. - }
{ - (p) Region 16. Yamhill County. - }
{ - (q) Region 17. Harney County. - }
{ - (r) Region 18. Wallowa County. - }
{ - (s) Region 19. Sherman, Gilliam and Wheeler Counties. - }
{ - (t) Region 20. Grant County. - }
{ - (u) Region 21. Jefferson County and the area comprising
the Warm Springs Reservation. - }
{ + (a) Region 1. Clatsop, Columbia, Tillamook and Washington
Counties.
(b) Region 2. Hood River, Multnomah and Wasco Counties.
(c) Region 3. Marion, Polk and Yamhill Counties.
(d) Region 4. Clackamas County.
(e) Region 5. Jackson, Josephine and Klamath Counties.
(f) Region 6. Lane County.
(g) Region 7. Lincoln, Linn and Benton Counties.
(h) Region 8. Crook, Deschutes and Jefferson Counties and the
area comprising the Warm Springs Reservation.
(i) Region 9. Coos, Curry and Douglas Counties.
(j) Region 10. Morrow, Umatilla and Union Counties.
(k) Region 11. Baker and Malheur Counties.
(L) Region 12. Gilliam, Grant, Sherman, Wallowa and Wheeler
Counties.
(m) Region 13. Harney and Lake Counties. + }
(2) { - Where - } { + If + } a boundary change or formation
of a component school district results in a joint school
district, the joint school district shall be included in the
education service district in which the joint district's
administrative office is located.
{ + (3) For the purpose of serving the component school
districts of an education service district described in
subsection (1) of this section, the Superintendent of Public
Instruction may establish more than one administrative office for
an education service district. + }
SECTION 2. { + The amendments to ORS 334.020 by section 1 of
this 2009 Act become operative on July 1, 2011. + }
SECTION 3. { + Sections 4 to 10 of this 2009 Act are added to
and made a part of ORS chapter 334. + }
SECTION 4. { + (1) On or before January 1, 2011, the State
Board of Education shall enter the necessary orders to establish
the new education service districts described in ORS 334.020, as
amended by section 1 of this 2009 Act. The orders shall cause:
(a) The merger of the education service district for Multnomah
County and the education service district for Hood River and
Wasco Counties.
(b) The merger of the education service district for Marion and
Polk Counties and the education service district for Yamhill
County.
(c) The merger of the education service district for Crook and
Deschutes Counties and the education service district for
Jefferson County and the area comprising the Warm Springs
Reservation.
(d) The merger of the education service district for Coos and
Curry Counties and the education service district for Douglas
County.
(e) The dissolution of the education service district for Baker
and Union Counties.
(f) The annexation of the area within Union County by the
education service district for Morrow and Umatilla Counties.
(g) The annexation of the area within Baker County by the
education service district for Malheur County.
(h) The merger of the education service district for Grant
County, the education service district for Wallowa County and the
education service district for Gilliam, Sherman and Wheeler
Counties.
(i) The merger of the education service district for Harney
County and the education service district for Lake County.
(2) The board shall give names to the new education service
districts for which an order is entered as provided by subsection
(1) of this section.
(3) An order entered under subsection (1) of this section shall
include provisions for the distribution of any assets and
liabilities, including any liability for outstanding bonded
indebtedness, among the new education service districts.
(4) An order entered under subsection (1) of this section does
not require an election on district boundaries and is not subject
to any provisions for boundary changes provided in ORS 334.690 or
procedures for mergers provided by ORS 334.710 to 334.770.
(5) An order entered under subsection (1) of this section takes
effect on July 1, 2011. + }
SECTION 5. { + As used in sections 6 and 7 of this 2009 Act, '
organizing authority' means:
(1) For an education service district that did not have the
boundaries of the education service district changed as the
result of an order entered under section 4 of this 2009 Act, the
board of directors of the education service district.
(2) For an education service district that had the boundaries
of the education service district changed as the result of an
order entered under section 4 of this 2009 Act:
(a) In the case of a merger, the board of directors of each
education service district that is merged.
(b) In the case of an annexation, the board of directors of the
existing education service district and a representative of the
board of each component school district of the county that is
annexed. + }
SECTION 6. { + (1) Prior to February 1, 2011, the organizing
authority of each education service district described in ORS
334.020, as amended by section 1 of this 2009 Act, shall divide
the district into five zones for the purpose of electing a board
of directors described in section 11, chapter 828, Oregon Laws
2005. The zones shall be as nearly equal in census population as
may be practicable. If possible, the organizing authority shall
establish the zones so that each county within the education
service district has at least one member on the board.
(2) If an organizing authority is unable to reach a consensus
for the purpose of subsection (1) of this section based on a
majority vote of the organizing authority, the State Board of
Education shall divide the education service district into five
zones. The division made by the board is final, unless a majority
of the organizing authority votes to approve an alternative
division.
(3)(a) A division made under subsection (1) of this section may
be appealed to the State Board of Education by:
(A) A majority of the members of the board of directors of an
education service district that is merged; or
(B) A majority of the members of the boards of the component
school districts of the county that is annexed.
(b) A decision made by the State Board of Education under this
subsection is final. + }
SECTION 7. { + (1) After five zones are established for an
education service district described in ORS 334.020, as amended
by section 1 of this 2009 Act, the organizing authority shall
call an election by the boards of the component school districts
for the purpose of electing the board of directors of the
education service district.
(2) A director must be elected from each of the five zones
established under section 6 of this 2009 Act and must be elected
by the boards of the component school districts within the zone.
(3) A person may become a candidate for an election to serve as
a director of an education service district by filing a
declaration of candidacy with the organizing authority. A
candidate must be qualified to hold office and must be a resident
of the zone, as determined by the organizing authority.
(4) During the period following an election and prior to taking
office, the directors of the education service district who are
elected as provided by this section shall appoint the directors
described in section 11 (2)(b), chapter 828, Oregon Laws 2005.
(5) The term of office of a director elected or appointed under
this section begins on July 1, 2011.
(6) Notwithstanding section 11, chapter 828, Oregon Laws 2005,
the terms of office of the directors first elected to the board
of directors of a new education service district shall be
staggered so that at least:
(a) Two directors shall serve terms expiring in four years on
June 30.
(b) One director shall serve a term expiring in three years on
June 30.
(c) One director shall serve a term expiring in two years on
June 30.
(d) One director shall serve a term expiring in one year on
June 30.
(7) The directors first elected under this section shall
determine by lot the length of the term each shall serve on the
board of directors of the education service district.
(8) Notwithstanding ORS 334.090, the terms of office of
directors serving on a board of directors of an education service
district prior to the effective date of this 2009 Act shall
terminate on June 30, 2011.
(9) Notwithstanding ORS 255.335 and 334.045, an education
service district need not hold an election following the
effective date of this 2009 Act for the purpose of electing new
directors. + }
SECTION 8. { + During the period following the election and
appointment of a board of directors as provided by section 7 of
this 2009 Act and prior to July 1, 2011, the board of directors
of an education service district described in ORS 334.020, as
amended by section 1 of this 2009 Act, may take such action as is
necessary to enable the education service district to carry out
its required functions when an order entered under section 4 of
this 2009 Act becomes effective, including the preparation and
adoption of a budget for the education service district. + }
SECTION 9. { + (1) Employees who are employed by an education
service district that is merged or dissolved and annexed and who
are employed in duties that after the merger or dissolution and
annexation are to be performed by the education service district
shall be considered employees of the new education service
district. The new education service district shall succeed the
previous education service district as party to any employment
contracts and employees shall retain in the new education service
district any seniority from the previous education service
district.
(2) All real and personal property belonging to an education
service district that is merged or dissolved and annexed is
considered property of the new education service district. + }
SECTION 10. { + Notwithstanding the effective date of an order
entered under section 4 of this 2009 Act, an elector is entitled
to vote in any elections affecting the new education service
district for the county in which the elector resides. + }
SECTION 11. { + Sections 11 and 12, chapter 828, Oregon Laws
2005, are added to and made a part of ORS chapter 334. + }
SECTION 12. Section 11, chapter 828, Oregon Laws 2005, as
amended by section 3, chapter 589, Oregon Laws 2007, is amended
to read:
{ + Sec. 11. + } { + (1)(a) An education service district
consists of five zones.
(b) The board of directors of an education service district may
readjust the boundaries of the zones once each year and shall
readjust the boundaries of the zones immediately upon any change
of the boundaries of the education service district or a
component school district so that the zones are as nearly equal
in census population as may be practicable, measured along common
school district boundary lines.
(c) Each county within the education service district shall
have at least one member on the board of directors or shall have
at least one member on the budget committee of the education
service district. + }
{ - (1) - } { + (2) + } { - Notwithstanding ORS chapter
334, - } The board of directors of { - a pilot - } { + an
+ }education service district { - shall consist - }
{ + consists + } of nine members { + + }as follows:
(a) Five directors { - shall represent zones established
under ORS 334.032 and shall be - } { + who each represent a
zone described in subsection (1) of this section and who are
+ }elected by the boards of the component school districts
{ - ; - } { + of the represented zone. A person may become a
candidate for an election to serve as a director of an education
service district by filing a declaration of candidacy with the
board of directors of an education service district. A candidate
must be qualified to hold office and must be a resident of the
zone, as determined by the board. + }
(b) Four directors { - shall be - } appointed by the
directors described in paragraph (a) of this subsection,
including { + :
(A) + } One at-large director { - and a director representing
each of the following: - } { + . + }
{ - (A) - } { + (B) One director representing + }public
post-secondary institutions located within the { - pilot - }
education service district { - ; - } { + or, if a public
post-secondary institution is not located within the education
service district, one director representing public safety. + }
{ - (B) - } { + (C) One director representing + } social
service providers { - ; and - } { + . + }
{ - (C) - } { + (D) One director representing + } the
business community.
{ + (3) The term of office of a director of an education
service district is four years. The term of office of each
director begins on July 1 next following the date of election or
appointment. A director serves until June 30 next following the
election or appointment of a successor. + }
{ - (2) Prior to April 1, 2006, the board of directors of a
pilot education service district shall divide the pilot education
service district into five zones as nearly equal in census
population as may be practicable, measured along common school
district boundary lines. - }
{ - (3) The board of directors of a pilot education service
district may readjust the boundaries of the zones once each year
and shall readjust the boundaries of the zones immediately upon
any change of the boundaries of the pilot education service
district or a component school district. - }
(4)(a) Prior to the end of the term of office of any elected
director of { - the Northwest Regional Education Service
District, - } { + an education service district + } { + :
(A) The board of directors of the education service district
shall order an election by the boards of the component school
districts within the zone represented by the director so that the
election process is completed prior to July 1. + }
{ + (B) + } The boards of the component school districts
within the zone the { - director - } represented { + by the
director + } shall elect a successor whose term begins on July 1
next following.
{ + (b) + } Each component school district board { - shall
have - } { + has + } one vote { + in an election conducted
under this subsection + }.
{ + (c) + } A director { + who was elected under subsection
(2)(a) of this section + } is eligible for reelection.
{ - (b) - } { + (5)(a) + } Prior to the end of the term of
office of any appointed director of { - the Northwest Regional
Education Service District - } { + an education service
district + }, the directors described in subsection
{ - (1)(a) - } { + (2)(a) + } of this section shall appoint a
successor whose term begins on July 1 next following.
{ + (b) + } A director who was appointed under subsection
{ - (1)(b) - } { + (2)(b) + } of this section is eligible for
reappointment.
{ + (6)(a) The board of a component school district within a
zone that elected a director under subsection (2)(a) of this
section may file a petition to recall the director with the board
of directors of an education service district.
(b) Upon the filing of a petition described in paragraph (a) of
this subsection, the board of directors of an education service
district shall order a recall election by the boards of the
component school districts within the zone represented by the
director.
(c) Only the boards of the component school districts within
the zone represented by the director are eligible to vote in the
recall election. + }
{ - (5) - } { + (7)(a) + } Any vacancy on the board of
directors of { - a pilot - } { + an + } education service
district that occurs before the end of the term of office of
{ - a director of a pilot education service district - }
{ + the director + } shall be filled { - following the process
described in this section. - } { + after a declaration of the
vacancy as provided by section 12, chapter 828, Oregon Laws 2005.
(b) Upon the declaration of a vacancy, the board of directors
of an education service district shall:
(A) For a director appointed under subsection (2)(b) of this
section, appoint a successor.
(B) For a director elected under subsection (2)(a) of this
section, order an election by the boards of the component school
districts within the zone represented by the director. Only the
boards of the component school districts within the zone
represented by the director are eligible to vote in the election.
(c) A director appointed or elected as provided in this
subsection shall serve for the remainder of the term of the
director whose office was declared vacant. + }
SECTION 13. Section 12, chapter 828, Oregon Laws 2005, is
amended to read:
{ + Sec. 12. + } (1) { - ORS 334.095 does not apply to a
pilot education service district. However, - } The board of
directors of { - a pilot - } { + an + } education service
district shall declare the office of director vacant upon the
occurrence of any of the following:
(a) When an incumbent dies or resigns;
(b) When an incumbent is removed from office or the election or
appointment { - thereto - } { + to the office + } has been
declared void by the judgment of any court;
(c) When an incumbent ceases to be a resident of the
{ - pilot - } education service district;
(d) When an incumbent ceases to be a resident of the zone from
which elected; { - or - }
(e) When an incumbent ceases to discharge the duties of office
for two consecutive months unless prevented { - therefrom
by - } { + from discharging the duties due to + }sickness or
other unavoidable cause { - . - } { + ; or
(f) When an incumbent is recalled as provided in section 11
(6), chapter 828, Oregon Laws 2005. + }
(2) A director guilty of misfeasance or malfeasance in office,
by the appropriate proceeding, may be removed from office by a
court of competent jurisdiction.
{ + (3) An office that is declared vacant as provided by this
section shall be filled as provided in section 11 (7), chapter
828, Oregon Laws 2005. + }
SECTION 14. ORS 334.025 is amended to read:
334.025. { - (1) The board of directors of an education
service district shall consist of seven, nine or 11 members. - }
{ - (2) In education service districts, not fewer than five
of the directors shall be elected, one from each of the zones
established under ORS 334.032. At the discretion of the board of
directors, one or two board members may be elected from the
district at large. - }
{ - (3) - } On the petition of two { + or more + }
component school districts, the board { + of directors of an
education service district + } shall establish local advisory
committees to represent the interests of areas within the
petitioning districts. The local advisory committees shall advise
the board on matters of concern within the advisory committee's
area. Local advisory committees shall represent two or more
component school districts.
{ - (4) The board of directors may by resolution increase or
decrease the number of members of the board. The board's
resolution shall be entered with sufficient time for the board to
give the required information to the elections officer under ORS
255.069, and the board's resolution shall have no effect on the
terms of any current board members. - }
SECTION 15. ORS 334.175 is amended to read:
334.175. (1) An education service district shall provide
regionalized core services to component school districts. The
goals of these services are to:
(a) Assist component school districts in meeting the
requirements of state and federal law;
(b) Improve student learning;
(c) Enhance the quality of instruction provided to students;
(d) Provide professional development to component school
district employees { + , which may be provided through online
training + };
(e) Enable component school districts and the students who
attend schools in those districts to have equitable access to
resources; { - and - }
(f) Maximize operational and fiscal efficiencies for component
school districts { - . - } { + ; and
(g) + } { + Be a source of regional and statewide services in
order to maximize operational and fiscal efficiencies. + }
(2) The services provided by an education service district
shall be provided according to a local service plan developed by
the education service district and component school districts.
The education service district and component school districts
shall develop the local service plan to meet the goals specified
in subsection (1) of this section. The local service plan must
include services in at least the following areas:
(a) Programs for children with special needs, including but not
limited to special education services, services for at-risk
students and professional development for employees who provide
those services.
(b) Technology support for component school districts and the
individual technology plans of those districts, including but not
limited to technology infrastructure services, data services,
instructional technology services, distance learning and
professional development for employees who provide those
services.
(c) School improvement services for component school districts,
including but not limited to services designed to support
component school districts in meeting the requirements of state
and federal law, services designed to allow the education service
district to participate in and facilitate a review of the state
and federal standards related to the provision of a quality
education by component school districts, services designed to
support and facilitate continuous school improvement planning,
services designed to address schoolwide behavior and climate
issues and professional technical education and professional
development for employees who provide those services.
(d) Administrative and support services for component school
districts, including but not limited to services designed to
consolidate component school district business functions, liaison
services between the Department of Education and component school
districts and registration of children being taught by private
teachers, parents or legal guardians pursuant to ORS 339.035.
(e) Other services that an education service district is
required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
(3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs.
(4) A local service plan shall also contain annual performance
measures for the education service district.
(5) A local service plan must:
(a) Be adopted by the board of the education service district.
(b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
(6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
(7) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school or a preschool.
(8) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district. In
addition, an education service district may contract with a
public or private entity for the provision of services.
SECTION 16. ORS 334.730 is amended to read:
334.730. (1) Immediately after the order to join two or more
education service districts together, the boards of directors of
all education service districts within the boundaries of the new
district shall meet together upon the call of the chairperson of
the board of the most populous district. { - Notwithstanding
ORS 334.025 or ORS chapter 255, - } The joint board of directors
shall divide the new district into { - as many zones as the
board considers necessary, but not fewer than seven nor more than
11 - } { + five zones + }. The zones shall be as nearly equal
in population as may be practicable. If possible, the joint board
shall establish the zones so that each county within the new
education service district { - , the majority of the land area
of which lies within the boundaries of the education service
district, - } has at least one member on the board.
(2) Within 90 days after the zones required in subsection (1)
of this section are established, the joint board of directors
shall call { - a special - } { + an + } election in the new
district for the purpose of electing directors, one of whom shall
be elected from each zone established under subsection (1) of
this section by the electors of the zone.
{ + (3) A person may become a candidate for an election to
serve as a director of an education service district by filing a
declaration of candidacy with the joint board of directors. A
candidate must be qualified to hold office and must be a resident
of the zone, as determined by the joint board of directors.
(4) During the period following an election and prior to taking
office, the directors of the education service district who are
elected as provided by this section shall appoint the directors
described in section 11 (2)(b), chapter 828, Oregon Laws
2005. + }
SECTION 17. ORS 334.750 is amended to read:
334.750. (1) The board of directors of the new education
service district shall take office on July 1 of the year
following its election.
(2) The minority of directors of the new education service
district shall serve terms expiring { + in two years on + } June
30 { - next following the first regular district election - }
and the majority of directors shall serve terms expiring { + in
four years on + } June 30
{ - next following the second regular district election - } .
(3) The directors first elected shall determine by lot the
length of term each shall hold office.
(4) Notwithstanding any other provisions of law, the term of
office of boards of directors of preexisting education service
districts shall terminate on the date in which the new education
service district comes into existence and its new board of
directors qualifies to hold office.
SECTION 18. ORS 334.760 is amended to read:
334.760. During the period following their election { + or
appointment + } and prior to the date the new education service
district comes into existence, the board of directors of the new
education service district may take such action as is
{ - essential in order that - } { + necessary to enable + }
the new district { - may - } { + to + } carry out its
required functions when it comes into existence, including the
preparation and adoption of a budget for the new district.
Expenditures of the board under this section shall be paid from
the budgets of the component education service districts on a
prorated basis.
SECTION 19. ORS 260.432, as amended by section 8, chapter 589,
Oregon Laws 2007, is amended to read:
260.432. (1) No person shall attempt to, or actually, coerce,
command or require a public employee to influence or give money,
service or other thing of value to promote or oppose any
political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder.
(2) No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose
any political committee or promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the
right of a public employee to express personal political views.
(3) Each public employer shall have posted in a conspicuous
place likely to be seen by its employees the following notice in
printed or typewritten form:
_________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on
your political activities are that 'No public employee shall
solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering
of signatures on an initiative, referendum or recall petition,
the adoption of a measure or the recall of a public office holder
while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal
political views. '
It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
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(4) As used in this section:
(a) 'Public employee' does not include an elected official
{ + or a person appointed as a director to the board of an
education service district + }.
(b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal
corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public
corporations.
SECTION 20. ORS 327.019 is amended to read:
327.019. (1) As used in this section:
(a) 'Education service district extended ADMw' means the sum of
the extended ADMw of the component school districts of the
education service district as computed under ORS 327.013.
(b) 'Local revenues of an education service district' means the
total of the following:
(A) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
(B) The amount of property taxes actually received by the
district including penalties and interest on taxes;
(C) The amount of revenue received by the district from
state-managed forestlands under ORS 530.115 (1)(b) and (c); and
(D) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district based on the rate
certified pursuant to ORS 310.060 from the amount that would have
been imposed by the district if the district had certified the
maximum rate of operating property taxes allowed by law.
(2) Each fiscal year, the Superintendent of Public Instruction
shall calculate a State School Fund grant for each education
service district as provided in this section.
(3)(a) Each fiscal year, the superintendent shall calculate the
total amount appropriated or allocated to the State School Fund
and available for distribution to school districts, education
service districts and programs + total amount of local revenues
of all school districts, computed as provided in ORS 327.013, +
total amount of local revenues of all education service
districts. The superintendent may not include in the calculation
under this paragraph amounts recovered by the Department of
Education from the State School Fund under ORS 343.243.
(b) The superintendent shall multiply the amount calculated
under paragraph (a) of this subsection by 95.25 percent.
(c) Based on the amount calculated under paragraph (b) of this
subsection, the superintendent shall calculate a funding
percentage to distribute as nearly as practicable under ORS
327.006 to 327.133, 327.348, 327.355, 327.357 and 327.360 the
total amount calculated under paragraph (b) of this subsection as
school district general purpose grants, facility grants, high
cost disabilities grants and transportation grants to school
districts.
(d) Based on the funding percentage calculated under paragraph
(c) of this subsection, the superintendent shall calculate the
general purpose grant, facility grant, transportation grant and
high cost disabilities grant amounts for each school district.
(4) The general services grant for an education service
district shall equal the higher of:
(a) The total amount calculated under subsection (3)(d) of this
section for the component school districts of the education
service district X (4.75 : 95.25); or
(b) $1 million.
(5) Subject to subsection (6) of this section, the State School
Fund grant for an education service district = general services
grant - local revenues of the education service district.
(6)(a) After completing the calculations under subsections (2)
to (5) of this section, the Superintendent of Public Instruction
shall apportion from the State School Fund to each education
service district an amount = (funding percentage X general
services grant) - local revenues of the education service
district.
(b) The funding percentage used in paragraph (a) of this
subsection shall be calculated by the superintendent to
distribute as nearly as practicable the total amount available
for distribution to education service districts from the State
School Fund for each fiscal year.
(7) Notwithstanding subsections (5) and (6) of this section:
(a) The State School Fund grant of an education service
district may not be less than zero; { - and - }
(b) The State School Fund grant of an education service
district shall be in an amount that, when combined with the local
revenues of the education service district, equals $1 million or
more { - . - } { + ; and
(c) The State School Fund grant of an education service
district shall be at least $1 million under this section for each
former education service district that:
(A) Was operating as an education service district on June 30,
2011;
(B) Merged to form the education service district, effective
July 1, 2011; and
(C) Prior to the merger described in subparagraph (B) of this
paragraph, received a State School Fund grant of $1 million for
the 2010-2011 fiscal year. + }
(8) An education service district shall distribute to its
component school districts any amount of local revenues of the
education service district that is greater than the general
services grant. The amount that each component school district
receives under this subsection shall be prorated based on the
district extended ADMw of each school district.
SECTION 21. ORS 327.019, as amended by section 13, chapter 846,
Oregon Laws 2007, is amended to read:
327.019. (1) As used in this section:
(a) 'Education service district extended ADMw' means the sum of
the extended ADMw of the component school districts of the
education service district as computed under ORS 327.013.
(b) 'Local revenues of an education service district' means the
total of the following:
(A) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
(B) The amount of property taxes actually received by the
district including penalties and interest on taxes;
(C) The amount of revenue received by the district from
state-managed forestlands under ORS 530.115 (1)(b) and (c); and
(D) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district based on the rate
certified pursuant to ORS 310.060 from the amount that would have
been imposed by the district if the district had certified the
maximum rate of operating property taxes allowed by law.
(2) Each fiscal year, the Superintendent of Public Instruction
shall calculate a State School Fund grant for each education
service district as provided in this section.
(3)(a) Each fiscal year, the superintendent shall calculate the
total amount appropriated or allocated to the State School Fund
and available for distribution to school districts, education
service districts and programs + total amount of local revenues
of all school districts, computed as provided in ORS 327.013, +
total amount of local revenues of all education service
districts. The superintendent may not include in the calculation
under this paragraph amounts recovered by the Department of
Education from the State School Fund under ORS 343.243.
(b) The superintendent shall multiply the amount calculated
under paragraph (a) of this subsection by 95.25 percent.
(c) Based on the amount calculated under paragraph (b) of this
subsection, the superintendent shall calculate a funding
percentage to distribute as nearly as practicable under ORS
327.006 to 327.133 and 327.348 the total amount calculated under
paragraph (b) of this subsection as school district general
purpose grants, facility grants, high cost disabilities grants
and transportation grants to school districts.
(d) Based on the funding percentage calculated under paragraph
(c) of this subsection, the superintendent shall calculate the
general purpose grant, facility grant, transportation grant and
high cost disabilities grant amounts for each school district.
(4) The general services grant for an education service
district shall equal the higher of:
(a) The total amount calculated under subsection (3)(d) of this
section for the component school districts of the education
service district X (4.75 : 95.25); or
(b) $1 million.
(5) Subject to subsection (6) of this section, the State School
Fund grant for an education service district = general services
grant - local revenues of the education service district.
(6)(a) After completing the calculations under subsections (2)
to (5) of this section, the Superintendent of Public Instruction
shall apportion from the State School Fund to each education
service district an amount = (funding percentage X general
services grant) - local revenues of the education service
district.
(b) The funding percentage used in paragraph (a) of this
subsection shall be calculated by the superintendent to
distribute as nearly as practicable the total amount available
for distribution to education service districts from the State
School Fund for each fiscal year.
(7) Notwithstanding subsections (5) and (6) of this section:
(a) The State School Fund grant of an education service
district may not be less than zero; { - and - }
(b) The State School Fund grant of an education service
district shall be in an amount that, when combined with the local
revenues of the education service district, equals $1 million or
more { - . - } { + ; and
(c) The State School Fund grant of an education service
district shall be at least $1 million under this section for each
former education service district that:
(A) Was operating as an education service district on June 30,
2011;
(B) Merged to form the education service district, effective
July 1, 2011; and
(C) Prior to the merger described in subparagraph (B) of this
paragraph, received a State School Fund grant of $1 million for
the 2010-2011 fiscal year. + }
(8) An education service district shall distribute to its
component school districts any amount of local revenues of the
education service district that is greater than the general
services grant. The amount that each component school district
receives under this subsection shall be prorated based on the
district extended ADMw of each school district.
SECTION 22. { + (1) ORS 334.032, 334.035, 334.045, 334.090,
334.095, 334.100 and 334.740 are repealed.
(2) Section 10, chapter 828, Oregon Laws 2005, is repealed.
(3) Section 13, chapter 828, Oregon Laws 2005, as amended by
section 4, chapter 589, Oregon Laws 2007, is repealed.
(4) Section 14, chapter 828, Oregon Laws 2005, as amended by
section 5, chapter 589, Oregon Laws 2007, is repealed.
(5) Section 15, chapter 828, Oregon Laws 2005, as amended by
section 6, chapter 589, Oregon Laws 2007, is repealed.
(6) Section 2, chapter 589, Oregon Laws 2007, is repealed. + }
SECTION 23. { + The amendments to ORS 260.432, 327.019,
334.025, 334.175, 334.730, 334.750 and 334.760 and sections 11
and 12, chapter 828, Oregon Laws 2005, by sections 12 to 21 of
this 2009 Act and the repeal of ORS 334.032, 334.035, 334.045,
334.090, 334.095, 334.100 and 334.740 and sections 10, 13, 14 and
15, chapter 828, Oregon Laws 2005, and section 2, chapter 589,
Oregon Laws 2007, by section 22 of this 2009 Act become operative
July 1, 2011. + }
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