Oregon Court Of Appeals

Package of education reform proposals gains momentum

SALEM — A wide-reaching package of stalled education reform proposals got moving again Friday in the Capitol.

After weeks of behind-the-scenes negotiations, lawmakers in the Joint Ways and Means Committee, the Legislature’s chief budget-crafting committee, sent a total of 14 different education bills to the House and Senate floors for votes.

One of the bills that moved forward was a proposal to create a single umbrella board to oversee all public education, from pre-kindergarten to graduate school — the crown jewel of Gov. John Kitzhaber’s plan to create a more streamlined and cost-effective public education system.

But in typical end-of-session fashion, there was something for everyone in the package that advanced.

Some Republican priorities in terms of “school choice” progressed, including bills that would make it easier for students to transfer out of their local school district; loosen requirements for students to enroll in online schools; and allow public universities and community colleges to sponsor charter schools.

Democrats, meanwhile, saw a bill move forward that would answer one of their top priorities by appropriating an additional $25 million for K-12 public schools over the next two years to help ease school districts’ budget cuts.

The package also contained a series of bills that have wide bipartisan support, such as a proposal that would allow school districts to offer full-day kindergarten and a bill that would provide a boost for career and technical education in Oregon’s middle schools and high schools.

Although the bills advanced quickly and often without discussion Friday, lawmakers were quick to point out that there is no agreement in place to ensure that every element of the package will pass both closely divided chambers. The Oregon House is split 30-30 between Republicans and Democrats, while Democrats hold a 16-14 edge in the Senate.

The bills will now all be judged individually on their merits, said Rep. Dennis Richardson, a Central Point Republican, and their sponsors will have to lobby other legislators to get majority votes when the bills hit the floor, possibly as early as Monday.

Kitzhaber, who has been heavily involved in moving the package forward, applauded the committee’s action.

Determining Spousal Support When Future Income is Uncertain ...

The husband claimed because of the uncertain real estate investment climate, he was going to retire and live off the income of a farm the parties owned in Alabama. In previous years, the farm had earned a net income of approximately $25,000 per year. Other than evidence of income from the Alabama farm and evidence of the parties’ income for the four years prior to trial, no other evidence about the husband’s future income was provided to the trial court. However, the wife did present evidence that the parties enjoyed a high standard of living during the marriage.

The husband appealed the trial court’s decision, and the spousal support award was reviewed by the Oregon Court of Appeals. The Oregon Court of Appeals stated that Oregon courts have held that although “spousal support may be fixed based on forecast income, the forecast must be predicated on facts existing at the time the award is made.”

If you are involved in a case where either party has requested an award of spousal support, an attorney can help you determine what evidence should be presented at trial regarding each party’s future income. That attorney can also inform you about the possibility of hiring an expert or requesting additional documentation in order to help you provide the court with sufficient evidence at trial.

Rules of procedure, Supreme Court and Court of Appeals of the State of Oregon

Oregon Court of Appeals Judges, Betty Roberts, Paul de Muniz, George Van Hoomissen, W. Michael Gillette, Susan P. Graber, Virginia Linder

In the Court of Appeals of the State of Oregon, State of Oregon, plaintiff-respondent, v. Robert Vernon Bojorcas, defendant-appellant, no. 72-111, State of Oregon, plaintiff-respondent v. Floyd Bud Parazoo, defendant-appellant, no. 72-112, State of Oregon, plaintiff-respondent v. Allen Keith Nelson, defendant-appellant, no. 72-110, State of Oregon, plaintiff-respondent v. Robert Allen Hicks, defendant-appellant, no. 72-113 : respondent's supplemental brief : appeal from the judgment of the Circuit Court for Klamath County, Honorable Donald A.W. Piper, Judge

The Pacific reporter

Oregon State Courts, Oregon Judicial Department, Oregon Court of Appeals, Oregon Tax Court, Oregon Circuit Courts, Justice Courts