68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3662

                         Senate Bill 716

Sponsored by Senator PHILLIPS; Senators HAMBY, MILLER,
  Representative BRIAN (at the request of City of Tualatin,
  Kenneth G. and Laura L. Aust, Alex W. and Joanne Guletsky,
  Jewel M.  Steckler, Mr. and Mrs. Jeffery Ruble, Charles Murray,
  Mr. and Mrs.  William R. Macnab, Kermit D. and Shirley A.
  Peterson, Mr. and Mrs.  Alfred H. and Violet R. Koppensteiner,
  Mark Daskalos, Cynthia A.  Ogden, Alfred J. Bladen, Heidi L.
  and Thomas J. Juza, Charles N.  and Deborah Naone, David J.
  Opoien, Dennis L. and Jacqueline J.  Atkin, Jenny Moon, Yvonne
  D. Modun, Lindsey McDiarmid, Herbert C.  and Maureen L.
  Richardson, Mark D. and Carol A. Wolfe, Bradley G.  and Deeann
  M. Smith, Steven I. and Loretta E. Adamski, Mr. and Mrs. Gary
  L. Godsey, Arnet R. Ecklund, Mr. and Mrs. Jeffrey G.  Scott,
  Cheryl Mann, Mr. and Mrs. Mark L. Bywater, Mary L. Garcia,
  Donald F. and Rebecca Vanbeek, Mr. and Mrs. Kurt G. Melanson,
  Michael J. and Lois J. Hiatt, Mr. and Mrs. Gary A. Dewinter,
  Mr.  and Mrs. Louis W. Cava, Carl E. and Peggy L. Story, James
  I. and Judith L. Sandsness, Hiroko Schauer, Mr. and Mrs.
  Michael Breiner, Bruce R. and Carmen Austin, Thomas M. and
  Virginia L. Gerlitz, Dale M. and Linda S. Owen)


                             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 certain local government boundary commissions to approve
boundary changes for school districts.
  Provides that changes made to school district boundaries by
boundary commissions are not subject to remonstrance, election or
appeal to State Board of Education.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to local government boundary commissions; creating new
  provisions; amending ORS 330.090 and 330.092; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this Act are added to and
made a part of ORS 199.410 to 199.534. + }
  SECTION 2.  { + In addition to the meaning given the term by
ORS 199.420, within the jurisdictional area of a local government
boundary commission created by ORS 199.425 (1), 'district '
includes a school district, as defined in ORS 330.005. + }
  SECTION 3.  { + (1) Notwithstanding ORS 199.495, 199.505 and
199.507, if a boundary commission adopts a final order approving
a minor boundary change for a school district, the change shall
take effect at the time specified in the final order.
  (2) A final order of a boundary commission approving a minor
boundary change for a school district is not subject to ORS
199.505. + }
  SECTION 4. ORS 330.090 is amended to read:
  330.090. (1) The district boundary board shall enter an order
directing a school district to be merged with an adjoining school
district designated by the board if it finds that continuation of
the district is not required because of geographic factors
affecting transportation or because of sparsity of population and
if:
  (a) The school district fails to maintain and operate a school
for one year without approval of the State Board of Education;
  (b) The school district is in a county with 35,000 or less
population and has an average daily membership of fewer than six
children for each of two successive years, as certified by the
Superintendent of Public Instruction; or
  (c) The school district is in a county with more than 35,000
population and has an average daily membership of fewer than 18
children for each of two successive years, as certified by the
Superintendent of Public Instruction.
  (2) The order of the district boundary board shall take effect
as provided in ORS 330.103.
  (3) Subject to the provisions of ORS 330.092 to 330.101, the
district boundary board on the request of the district school
boards of the affected districts or on petition of five percent
or 500 electors of each affected district, whichever is less,
shall merge smaller districts into larger districts or change the
boundaries of common or union high school districts.
  (4) No boundary change or merger shall be made which results in
a school district having fewer than 20 children of school age on
the date the change or merger becomes effective.
  (5) No boundary change or merger shall be made which results in
a school district that consists of noncontiguous areas.
  (6) If the district boundary board fails to follow the time
schedules prescribed in ORS 330.107 or to approve a request or
petition under subsection (3) of this section, the district
school boards of the affected school districts or the petitioners
may appeal to the State Board of Education to order the proposed
boundary change or merger. The state board shall order the change
or merger and shall direct the district boundary board to perform
the duties described in ORS 330.101 in the same manner as if the
district boundary board had ordered the boundary change or
merger.
   { +  (7) The district boundary board shall order the boundary
change approved by a local government boundary commission. The
boundary change shall be subject to the requirements of ORS
330.113 and 330.123, but shall not be subject to remonstrance,
election or an appeal to the State Board of Education. + }
    { - (7) - }  { +  (8) + } As used in this section, 'affected
district ' includes:
  (a) Two or more districts providing education in kindergarten
and grades 1 through 12 involved in the merger.
  (b) All component school districts, not including any split
school districts, as defined in ORS 335.482, and the union high
school district if merger procedures are used for the unification
of the union high school district and its component districts.
  (c) The union high school district and the component school
districts, not including split school districts, in a secession
from the union high school district by one or more of the
component districts and the unified district they wish to join.
  (d) Two or more districts offering education in kindergarten
and grades 1 through 6 or 8 that would create a split school
district by merger and the union high school district and the
component school districts of the union high school district.
  SECTION 5. ORS 330.092 is amended to read:

  330.092. The boundaries of a school district shall not be
changed except:
  (1) Pursuant to ORS 330.090 (1) { + , + }   { - or - }
(3) { +  or (7) + }.
  (2) By a vote of the people pursuant to:
  (a) ORS chapter 333; or
  (b) The lengthening of the course of study under ORS chapter
335.
  (3) By the mutual consent of the district school boards of the
two or more affected districts in the manner prescribed in ORS
330.080 to 330.107.
  (4) On a request for change or merger proposal submitted to the
district boundary board by electors of the affected districts in
the manner prescribed in ORS 330.080 to 330.107.
  SECTION 6.  { + 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. + }
                         ----------