Bill Text: OR HB2326 | 2011 | Regular Session | Introduced
Bill Title: Relating to school district boundary changes.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2326 Detail]
Download: Oregon-2011-HB2326-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1207
House Bill 2326
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of former Representative Chuck Riley)
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.
Specifies timelines, content and distribution of required
notice related to proposed boundary change or merger of school
district. Requires district boundary board to give due
consideration to input from public and affected school districts
before entering order for boundary change or merger. Extends time
for filing remonstrance petition.
A BILL FOR AN ACT
Relating to school district boundary changes; creating new
provisions; and amending ORS 330.101, 330.107 and 330.400.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 330.101 is amended to read:
330.101. (1) Before { - the - } { + a + } 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 - } . { + Notice must be given in the following manner:
(a) As provided in ORS 330.400; and
(b) For a proposed change, to each person who, based on the
residence address or mailing address of the person, would be
affected by the boundary change. Notice provided under this
paragraph must be given at least 60 days prior to the session of
the district boundary board during which the proposed change will
be ordered.
(2) A notice provided under subsection (1) of this section
must:
(a) Explain the process by which a person may ask questions or
express concerns regarding the proposed change or merger; and
(b) Specify the session of the district boundary board during
which the proposed change or merger will be ordered.
(3) + } { - If no remonstrance petition on the change or
merger is submitted requiring an election as provided in
subsection (2) of this section, - } The { + district
boundary + } board shall issue an order that { - the - }
{ + a + } 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 - } { + if:
(a) A remonstrance petition on the change or merger is not
submitted as provided by subsection (4) of this section;
(b) + } All affected boundary boards have had opportunity to
consider the proposed change or merger { - . - } { + ; and
(c) The district boundary board gave due consideration to input
from the public and the affected school districts regarding the
proposed change or merger. + }
{ - (2) - } { + (4)(a) + } { - If - } A remonstrance
petition on a proposed change or merger { + may be submitted to
a district boundary board. A remonstrance petition must:
(A) Be + }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 - } { + ;
(B) Be + }filed with the district boundary board within
{ - 20 - } { + 45 + } days after the date of the order to
effect the proposed change or merger { - , - } { + ; + } and
{ + (C) Comply with the requirements of ORS 332.118.
(b) + } When all district boundary boards have acted on the
change or merger as provided in ORS 330.095 (3), the
{ + district boundary + } 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 - }
{ + shall act + } as the district elections authority on behalf
of the school districts.
{ + (c) + } 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.
{ + (d) + } 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) - } { + (5) + } 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) - } { + (6) + } For any school district merger that
is initiated under ORS 327.106 (3), no remonstrance petition or
election shall be allowed.
{ - (5) - } { + (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 2. ORS 330.107 is amended to read:
330.107. 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 - } { + 125 + } 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. If the boundary change or merger
requested or petitioned requires ratification of an adjacent
boundary board as in ORS 330.095 (3), an additional 60 days may
be utilized for action of the second boundary board. However,
upon request of the district boundary board and a showing of
special circumstances which require additional time, the State
Board of Education may grant a reasonable extension of time for
completion of the required action.
SECTION 3. ORS 330.400 is amended to read:
330.400. { + (1) + } Whenever notice by publication of any
hearing is expressly required by reference to this section, it
shall be given in a newspaper published in the county and of
general circulation in the county or district in which the
hearing is to be held.
{ + (2) + } { - The - } Notice shall be published in at
least two issues of the newspaper. The first publication shall be
not sooner than the 25th day or later than the 15th day preceding
the hearing and the last publication shall be not sooner than the
14th day or later than the eighth day preceding the hearing.
{ + (3) In addition to the publication dates described in
subsection (2) of this section, notice must be published in the
newspaper at least 60 days prior to the session of the district
boundary board during which a proposed change or merger will be
ordered as provided by ORS 330.101. + }
SECTION 4. { + The amendments to ORS 330.101, 330.107 and
330.400 by sections 1 to 3 of this 2011 Act apply to boundary
changes or mergers that are requested or petitioned on or after
the effective date of this 2011 Act. + }
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