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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT

 

DIVISION 5

COMMUNITY COLLEGE FORMATION
AND ANNEXATION

 

589-005-0100

Formation of a Community College District

(1) The petition submitted to the Oregon State Board of Education pursuant to ORS 341.025 for approval of the formation of a community college district shall include the following:

(a) Total population within the proposed community college district;

(b) True cash and assessed valuation of the proposed community college district and property tax rates in effect in the proposed college district;

(c) High school enrollment within the proposed community college district;

(d) Maps showing the location of high schools within the proposed community college district;

(e) Employment trends in the proposed community college district.

(f) The minimum number of required signatures of 500, or 10 percent, of the electors registered in each county or parts of counties within the designated territory, whichever is the lesser. The number of required signatures for each county or parts of counties shall be proportionate to the qualified voters of the entire proposed community college district.

(g) The boundaries of the territory to be included in the proposed community college district which may include all or part of the territory lying within the boundaries of a school district and may be located in more than one county;

(h) The method of nomination and election of the board of education of the proposed community college district from among the methods described in ORS 341.327.

(2) In addition to the criteria set forth under ORS 341.045, and in keeping with its responsibilities outlined under ORS 341.055 and 341.065, the State Board shall determine whether the formation of a community college district is warranted.

(3) In considering whether residents of an area will materially benefit from inclusion in a community college district, as described in ORS 341.055, the State Board shall consider:

(a) The number of potential students living within 50 miles of the location of the proposed community college district's main campus;

(b) Other indications that a community of interest exists that connects the area to the proposed community college district.

Stat. Auth.: ORS 326.051 & ORS 341.025
Stats. Implemented: ORS 341.025 - ORS 341.185
Hist.: 1 EB 131, f. 5-19-72, ef. 6-1-72; EB 13-1991, f. & cert. ef. 7-19-91; Renumbered from 581-041-0005, 581-41-010 & 581-041-0015; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0150; DCCWD 1-2003, f. & cert. ef. 1-9-03; DCCWD 5-2003, f. & cert. ef. 10-20-03

Community College Service Districts

589-005-0200

Formation and Definition of a Community College Service District

(1) For the purposes of this rule, "community college service district" is defined as a district that is governed by the laws applicable to community college districts but which:

(a) May not incur bonded indebtedness for any purpose; and

(b) Must undergo an annual review by its board to determine which district services can most effectively and economically be delivered directly and which services can best be delivered through contracting arrangements.

(2) A petition for the formation of a community college service district shall contain the same information required for formation of a community college district set forth in OAR 589-005-0100.

(3) A petition affecting a territory that, in the judgment of the Commissioner, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district.

(4) In addition to the criteria set forth under ORS 341.045, and in keeping with its responsibilities outlined under ORS 341.055 and 341.065, the State Board shall use the following criteria in determining whether the formation of a community college service district is warranted:

(a) The community college-type education services needed for the petitioning area can best be served by a community college service district which contracts for instructional services;

(b) A community college service district can more effectively provide the needed educational services than other existing districts.

Stat. Auth.: ORS 326.051 & ORS 341.025
Stats. Implemented: ORS 341.039
Hist.: 1EB 178, f. 10-18-74, ef. 11-11-74; EB 22-1989(Temp), f. & cert. ef. 6-12-89; EB 13-1991, f. & cert. ef. 7-19-91; Renumbered from 581-043-0220 & 581-043-0230; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0200; DCCWD 1-2003, f. & cert. ef. 1-9-03; DCCWD 5-2003, f. & cert. ef. 10-20-03

Boundary Changes

589-005-0300

Boundary Changes

(1) The State Board of Education shall constitute the boundary board for community college districts. The State Board on its own motion or on petition from a petitioning territory may propose changes in the boundaries of the community college district. The State Board must find that the proposed change will have no substantially adverse effect upon the ability of the affected districts to provide and continue their program and is not made solely for tax advantages to property owners in the district or area affected by the proposed change.

(2) Petitions for community college boundary changes shall contain the following information:

(a) A statement describing and map of the boundary change requested;

(b) A full and complete description of the area proposed to be included within or excluded from the community college district. The area description may be by counties, cities, school districts, metes and bounds, or by any combination of these methods;

(c) A statement whether or not an area proposed to be included is within the boundaries of another community college district;

(d) A maximum of three persons as chief petitioners setting forth their names and mailing addresses;

(e) Verification on the face of each sheet of the petition by the affidavit of the person who circulated the sheet, stating that every person who signed the sheet did so in his or her presence and that he or she believes that each signer stated his or her correct residence address and is a registered elector.;

(f) The minimum number of signatures required under section (6) of this rule.

(3) The State Board may, at its discretion, reject the petitions if any of the conditions in subsections (2)(a) through (e) of this rule are not met.

(4) The State Board may, at its discretion, request the county clerk to verify all or a sampling of the names appearing on the petition. The State Board shall pay to the county clerk any appropriate charges for such verification. The State Board may at its discretion reject the petitions if a sufficient sampling of the names is not verifiable by the county clerk because the names on the petitions cannot be read or if a sampling indicates that sufficient signers are not registered electors.

(5) Petitions for community college boundary changes shall be substantially in the form provided by the State Board of Education.

(6) The minimum number of signatures required on a petition to change the boundary of a community college district shall be at least 10 percent of the qualified electors of the area seeking to be changed, or at least 500 signatures of qualified electors of the area seeking to be changed, whichever is less.

(7) Where all or part of two or more counties is in the area to be changed, the number of signatures from each of such counties shall be proportionate to the relative populations of the counties or parts thereof within the area proposed to be changed.

(8) Petitions must be delivered to the Department of Community Colleges and Workforce Development in the original. Faxed copies shall not be accepted.

(9) Following submission of a petition and its acceptance by the State Board, the State Board shall hold a public hearing in accordance with ORS Chapter 183, the Administrative Procedures Act, and issue an order as described in ORS 341.565.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 341.565
Hist.: 1 EB 131, f. 5-19-72, ef. 6-1-72; 1 EB 139, f. 10-5-72, ef. 10-15-72; 1 EB 140, f. 10-5-72, ef. 10-15-72; EB 13-1991, f. & cert. ef. 7-19-91; Renumbered from 581-041-0025 & 581-041-0030; EB 30-1995, f. & cert. ef. 12-21-95; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0300; DCCWD 1-2003, f. & cert. ef. 1-9-03; DCCWD 5-2003, f. & cert. ef. 10-20-03

589-005-0400

Remonstrance Petitions

(1) A petition submitted in remonstrance to the annexation of territory to a community college district pursuant to ORS 341.569 shall be submitted no later than 20 days from the date and hour of adjournment of the last public hearing held on the question of annexation pursuant to ORS 341.565(3).

(2) Remonstrance petitions shall meet the following requirements:

(a) A maximum of three persons as chief petitioners shall provide their names and mailing addresses on the face of the petition;

(b) Each petition shall be verified on the face of each sheet by the affidavit of the person who circulated the sheet, stating that every person who signed the sheet did so in his or her presence and that he or she believes that each signer stated his or her correct residence address and is a registered elector.

(3) The State Board may, at its discretion, reject the petitions if any of the conditions in subsections (2)(a) and (b) of this rule are not met.

(4) The State Board may, at its discretion, request the county clerk to verify all or a sampling of the names appearing on the petition. The State Board shall pay to the county clerk any appropriate charges for such verification. The State Board may at its discretion reject the petitions if a sufficient sampling of the names is not verifiable by the county clerk because the names on the petitions cannot be read or if a sampling indicates that sufficient signers are not registered electors.

(5) Petitions in remonstrance to a community college boundary changes shall be substantially in the form provided by the State Board of Education.

(6) The minimum number of signatures required on a petition in remonstrance to a change in the boundary of a community college district shall be at least five percent of the qualified electors of the area seeking to be changed, or at least 500 signatures of qualified electors of the area seeking to be changed, whichever is less.

(7) Where all or part of two or more counties is in the area to be changed, the number of signatures from each of such counties shall be proportionate to the relative populations of the counties or parts thereof within the area proposed to be changed.

(8) Petitions must be delivered to the Department of Community Colleges and Workforce Development in the original by the deadline described in section (1) of this rule. Faxed copies shall not be accepted.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 341.569
Hist.: EB 31-1995, f. & cert. ef. 12-21-95; EB 9-1996, f. & cert. ef. 5-24-96; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0310; DCCWD 1-2003, f. & cert. ef. 1-9-03; DCCWD 5-2003, f. & cert. ef. 10-20-03

589-005-0500

Elections on the Question of Annexation

(1) Pursuant to ORS 341.569, the State Board of Education shall submit the question of a proposed boundary change to a vote only if:

(a) The state board enters the order to revise the boundaries of a community college district;

(b) A remonstrance signed by at least five percent or at least 500, whichever is less, of the electors either in an area to be included in the district or excluded from the district by the proposed boundary change or in the community college district is filed with the state board within 20 days after the date on which the hearing pursuant to ORS 341.565 is adjourned finally; and

(c) The area to be included in the district is not surrounded by the territory of a single community college district.

(2) If an election on the question of annexation is required, the State Board of Education, as designated boundary board, shall file the ballot title with the appropriate elections official.

(3) The ballot title is to be filed with the elections official in the county in which the host community college resides. That county official shall certify the election in the appropriate county or counties, whether or not an election is required in the host districts county.

(4) The State Board of Education, as designated boundary board, is responsible for filing the documentation described in ORS 308.225 with the county assessor and with the Department of Revenue and for meeting the necessary timelines.

(5) Unless otherwise directed by statute, the annexing community college district is responsible for the costs of any election on the question of annexation.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 341.569
Hist.: EB 32-1995, f. & cert. ef. 12-21-95; DCCWD 1-2001, f. & cert. ef. 3-21-01, Renumbered from 581-042-0320; DCCWD 1-2003, f. & cert. ef. 1-9-03; DCCWD 5-2003, f. & cert. ef. 10-20-03

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