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 3407
Senate Bill 648
Sponsored by Senator MORRISETTE
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.
Allows one or more school districts to request proposed
boundary change or merger of school districts. Requires affected
school districts to participate in discussions regarding proposed
boundary change or merger.
A BILL FOR AN ACT
Relating to school district boundaries; amending ORS 330.095,
330.101 and 330.107.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 330.095 is amended to read:
330.095. { + (1) One or more school districts may request a
proposed boundary change or merger of school districts, and the
electors of one or more school districts may petition for a
proposed boundary change or merger of school districts. + }
{ - (1) - } { + (2) + } Subject to ORS 332.118,
{ - the - } { + a + } request or petition for { + a + }
proposed { + boundary + } change or merger in school districts
shall:
(a) Be directed to the district boundary board of the county or
counties having jurisdiction over the affected school districts;
(b) Contain the names and numbers of { + school + } districts
affected by the change;
(c) Contain a concise statement of the type of change requested
and, if only a portion of { - the - } { + a + } school
district is involved, contain a legal description
{ - thereof - } { + of the school district + }; and
(d) If a petition of electors from affected { + school + }
districts is involved, contain the signatures and residence
addresses or mailing addresses of the petitioners and the names
of the school districts in which they reside.
{ - (2) - } { + (3) + } { - If a merger is requested or
petitioned, - } { + In addition to the requirements of
subsection (2) of this section, + } the request or petition
{ + for a merger must + } { - shall also - } contain
proposals for distribution of debt.
{ + (4) When a request for a proposed boundary change or
merger is submitted to a district boundary board by a school
district, the board shall convene and mediate discussions between
the affected school districts. All affected school districts must
participate in the discussions in good faith. Discussions must be
completed within 90 days, unless extended by mutual agreement of
the affected school districts. Discussions convened under this
subsection need not result in an agreement related to the
proposed boundary change or merger. + }
{ - (3) - } { + (5) + } When any proposed boundary change
or merger affects school districts under the jurisdiction of
different district boundary boards, the proposed change or merger
shall first be acted upon by the district boundary board of the
county in which lies the most populous district, and must be
submitted to the district boundary board of the other affected
county or counties.
{ - (4) - } { + (6) + } Any proposed merger may contain a
recommendation that the new { + school + } district retain the
same name and number as the most populous school district in the
merger or a recommendation for a new name for the { + school + }
district, a request for the formation of school committees as
described in ORS 330.425 and a request that the number of members
of the district school board be increased to seven members.
SECTION 2. ORS 330.101 is amended to read:
330.101. (1) Before the proposed change or merger is ordered,
the district boundary board shall give notice in the manner
provided in ORS 330.400 of the proposed change or merger and the
session of the board at which it will be ordered. If no
remonstrance petition on the change or merger is submitted
requiring an election as provided in subsection (2) of this
section, the board shall issue an order that the change or merger
shall become effective as provided in ORS 330.103. The
remonstrance petition is subject to ORS 332.118. However, the
boundary board shall not issue an order until all affected
boundary boards have had opportunity to consider the proposed
change or merger.
(2) If a remonstrance petition on a proposed change or merger
signed by at least five percent or at least 500, whichever is
less, of the electors of a school district affected by the
proposed change or merger is filed with the district boundary
board within 20 days after the date of the order to effect the
proposed change or merger, and when all district boundary boards
have acted on the change or merger as provided in ORS 330.095
{ - (3) - } { + (5) + }, the board shall submit the question
of the proposed change or merger to the electors of each affected
school district from which a remonstrance petition was filed,
with the district boundary board acting as the district elections
authority on behalf of the school districts. Separate elections
shall be held in sequence in the districts from which
remonstrance petitions have been filed, commencing with the least
populous district and progressing in order of population to the
most populous district. If the majority of votes in each
election favor the change or merger, an election shall be held in
the next most populous district. The cost of an election on a
proposed boundary change or merger shall be prorated between or
among the district school boards involved in accordance with ORS
255.305.
(3) If the majority of votes cast in any affected district
oppose the change or merger, the change or merger shall be
defeated, and the same or a substantially similar change or
merger shall not be ordered until 12 months have elapsed from the
date of the election at which the change or merger was defeated,
unless otherwise required by law. If the vote is favorable in all
remonstrating districts, the district boundary board shall
declare the change or merger effective as provided in ORS 330.103
and issue an order without further elections.
(4) For any school district merger that is initiated under ORS
327.106 (3), no remonstrance petition or election shall be
allowed.
(5) When a unified elementary district with an average daily
membership of greater than 50 that has, prior to the merger, paid
tuition for the majority of its high school students to attend an
out-of-state high school merges with a district that provides
education in kindergarten and grades 1 through 12, the following
shall apply after the merger:
(a) The students who reside in the former unified elementary
district shall be authorized to attend the out-of-state high
school that the majority of the high school students of the
unified elementary district were attending during the 1992-1993
school year;
(b) The merged district shall pay tuition for the students
described in paragraph (a) of this subsection but not in an
amount greater than the district's average expenditure for high
school students; and
(c) The parents of a student who wish the student to attend the
out-of-state high school must agree to pay the difference, if
any, between what the district is authorized to pay as tuition
under paragraph (b) of this subsection and the amount of tuition
charged by the out-of-state high school.
SECTION 3. ORS 330.107 is amended to read:
330.107. { + (1) Except as otherwise provided by this
section, + } the district boundary board shall complete all
action on a request or petition for boundary change or a merger
required under ORS 330.101 within 100 days of the date of receipt
of the request or petition if the boundary change or merger
requested or petitioned lies totally within the jurisdiction of
that board.
{ + (2) + } If the boundary change or merger requested or
petitioned requires ratification of an adjacent boundary board as
in ORS 330.095 { - (3) - } { + (5) + }, an additional 60 days
may be { - utilized - } { + used + } for action of the second
boundary board.
{ + (3) If the boundary change or merger was the subject of
discussions under ORS 330.095 (4), the time schedule prescribed
by subsection (1) of this section begins on the date of the
conclusion of the discussions.
(4) + } { - However, - } Upon request of the district
boundary board and a showing of special circumstances
{ - which - } { + that + } require additional time, the State
Board of Education may grant a reasonable extension of time for
completion of the required action.
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