68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 243
Senate Bill 1162
Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS
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.
Extends time for mandatory merger of certain school districts.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to school district merger; amending ORS 330.101 and
sections 2 and 3, chapter 393, Oregon Laws 1991; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2, chapter 393, Oregon Laws 1991, as amended
by section 1, chapter 659, Oregon Laws 1995, is amended to read:
{ + Sec. 2. + } (1) Every union high school district composed
of component school districts or split school districts, or both,
shall merge into a single unified school district on or before
September 1, { - 1996 - } { + 2000 + }. If any district fails
to merge by September 1, { - 1996 - } { + 2000 + }, the
district boundary board shall order the necessary changes to be
effective no later than March 1,
{ - 1997 - } { + 2001 + }. No remonstrance or election shall
be allowed on changes ordered after September 1, { - 1996 - }
{ + 2000 + }.
(2) Elementary school districts that are required to merge and
have not merged into a unified school district on or before
September 1, { - 1996 - } { + 2000 + }, shall become part of
such a unified school district by March 1, { - 1997 - } { +
2001 + }. In ordering such a merger, the district boundary board
may order the elementary school district divided among more than
one unified school district. No remonstrance or election shall be
allowed on changes ordered after September 1, { - 1996 - }
{ + 2000 + }.
(3) Notwithstanding subsection (1) of this section, a union
high school district composed of component school districts and
containing a high school that is a boarding school on January 1,
1995, shall not be required to merge under subsection (1) of this
section.
(4) Notwithstanding subsection (2) of this section, if an
elementary school district has an elementary school that is
located more than 15 miles from the nearest high school located
in a unified school district, the elementary school district
shall not be required to merge under subsection (2) of this
section.
(5) Not later than 30 days after { - the effective date of
this 1995 Act - } { + September 9, 1995 + }, the Superintendent
of Public Instruction shall certify the names of the school
districts not required to merge under subsection (3) or (4) of
this section.
SECTION 2. Section 3, chapter 393, Oregon Laws 1991, as amended
by section 2, chapter 659, Oregon Laws 1995, is amended to read:
{ + Sec. 3. + } (1) Any school district that does not offer
education programs in kindergarten through grade 12 on and after
July 1,
{ - 1997 - } { + 2001 + }, shall be considered nonstandard
under ORS 327.103.
(2) This section shall not apply to any school district not
required to merge under section 2 (3) or (4), chapter 393, Oregon
Laws 1991.
SECTION 3. ORS 330.101 is amended to read:
330.101. (1) Before the proposed change or merger is
considered, 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 considered. 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), 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 election 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 considered 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 without further elections.
(4) Notwithstanding subsection (3) of this section, the same or
substantially similar change or merger that is in response to
chapter 393, Oregon Laws 1991, may be considered even though 12
months have not elapsed from the date of the election at which
the change or merger was defeated.
(5) For any school district merger or boundary change before
September 1, { - 1996 - } { + 2000 + }, initiated at the
request of the district school boards of the affected districts,
that is in response to chapter 393, Oregon Laws 1991, no
remonstrance petition or election shall be allowed.
(6) Subsection (5) of this section applies only to a proposed
change or merger brought before the district boundary board after
July 13, 1993.
(7) 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 4. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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