STATE
MyEagleNews.com
Wednesday, June 3, 2020
A7
‘Back to school’ still a big question mark in Oregon, ODF
declares
but answers for K-12 could come by June 8
By Gary A. Warner
For the Oregon Capital Bureau
Abnormal is the new nor-
mal for thousands of students
from kindergarten to Ph.D. pro-
grams in Oregon during the
COVID-19 crisis, lawmakers
were told Friday.
“We are learning to fly the
plane as we build it,” said Jenni-
fer Scurlock, an English teacher
at Churchill High School in
Eugene.
Scurlock was among those
who appeared online during
a virtual hearing of the House
Interim Committee on Educa-
tion on Friday. The panel heard
testimony from administra-
tors, instructors and students
across the spectrum of educa-
tion levels.
State officials said they
expected to have an announce-
ment by the week of June 8
on when and how K-12 public
schools will open. Public uni-
versities and colleges are still
deciding whether some, none
or all classes will return to cam-
pus in the fall.
All levels of education face
major funding shortfalls with
revenues plummeting due to
closed businesses and wide-
spread unemployment during
the crisis.
“We’re looking at signifi-
cant budget cuts to education,”
said Rep. Janeen Sollman,
D-Hillsboro, a member of the
committee.
The COVID-19 pandemic
forced most schools and col-
leges to shut classrooms and
move teaching online. The dif-
ficulties of setting up an online
system have been daunting.
Bulletin file photo
School buses at the Bend-La Pine School District transporta-
tion yard in Bend.
Students without a computer or
online access were faced with
trying to keep up.
Ben Cannon, executive
director of the Higher Education
Coordinating Committee, laid
out a bleak financial picture for
the committee.
Gov. Kate Brown initially
issued an order ending most
in-person classes on March 19,
with a target reopening date of
April 28. On April 17, the order
was extended through June 13,
effectively through the end of
the spring semesters for colleges
and universities.
What fall will look like:
unknown for now.
The public universities
saw their numbers hold steady
between winter and spring.
Community colleges saw an
18% drop in enrollment. The
biggest fall-off was in the career
technical education programs,
which lost 27% of their students.
Universities rely on different
revenue sources than commu-
nity colleges.
The four-year universities
get 35% of their funding from
tuition and fees.
“Auxiliary” income, which
includes
dormitory
fees,
accounts for another 18%.
State funding accounts for
17%. They receive no funds
from property taxes.
Community colleges get
35% from state funding, 21%
from property taxes and 19%
from tuition and fees.
While the federal Higher
Education Emergency Relief
Fund sent $134 million to Ore-
gon and the Governor’s Emer-
gency Education Relief Fund
allocated another $32.5 million,
the near future is looking cloudy
to dark.
Cannon said the “best case”
is colleges and universities are
able to resume in-person activ-
ities this summer or fall, with
modest modifications to phys-
ical layouts, group sizes and
other protocols.
The “worst case” is colleges
and universities are required to
operate remotely throughout all
of 2020-21.
The California State Univer-
sity system, the nation’s largest,
has already announced nearly all
classes this fall will be online.
Cannon said the governor
and the Oregon Health Author-
ity would weigh the alternatives.
No announcement is scheduled.
Regardless of which method
is used, Cannon underscored
that keeping the universities and
colleges capable of returning at
full strength after the pandemic
is over was crucial to the state’s
future.
“Postsecondary
educa-
tion and training are central
to Oregon’s return to strength
and prosperity,” Cannon said.
“Affordability and access to
postsecondary education and
training require investments of
the state funding.”
During the discussion of
K-12 schools, the key question
on most minds was asked by
Rep. Kim Wallan, R-Medford.
“What is going to happen in
the fall?” she asked.
“We are deep into plan-
ning for the next school year,”
testified Colt Gill, director of
the Oregon Department of
Education.
State education officials
have held 18 video meetings
with 3,000 participants the past
two weeks. Teachers, school
boards, parents, school work-
ers and others were able to talk
about the essential functions
needed for schools to move for-
ward in the fall.
The state is also confer-
ring with officials in California,
Washington and British Colum-
bia to keep informed on each
other’s plans.
Gill said he expected that
some guidance would be put out
the week of June 8 as to what
school will look like this fall.
“Our hope is we can get back
to where it is happening in the
classroom,” he said.
The answer may be different
for some of the 197 school dis-
tricts in Oregon. The right mix
of in-class and online teaching
depends on public health, school
size and other factors.
“Some parts of the state may
be a hybrid,” Gill said.
Some rural parts of the state
may see classroom experiences
close to what they looked like
prior to COVID-19. But even
there, “normal” will have a dif-
ferent look because of minimum
physical spacing requirements.
Because of the revenue hit
the entire state budget is taking,
public schools look to be headed
toward a $500 million deficit.
“That equivalent to 11
school days or 5,400 teachers,”
Gill said.
Rep. Cheri Helt, R-Bend, a
member of the panel, said after
the hearing that she hoped
the governor would soon call
the Legislature into a special
session to fill in the budget
gaps. First up would be using
the $1.6 billion “Rainy Day
Fund,” a state account built
up over the years in case of an
emergency.
“If this isn’t a rainy day, I
don’t know what is,” she said.
While there are many cru-
cial and conflicting budget
needs, Helt said the state’s pub-
lic schools budget should be
made whole in any negotiations.
“We have to make sure we
are staffed-up enough to provide
the rigor and relevant education
students missed during the pan-
demic,” she said.
State solicitor: Legislature never intended to limit emergency
powers Gov. Brown used to order COVID-19 closures
By Jayson Jacoby
EO Media Group
Oregon’s solicitor general
argued in a brief to the state
Supreme Court that the Leg-
islature did not intend to limit
the duration of an emergency
declared by the governor.
Solicitor General Benjamin
Gutman asked the state’s high-
est court to order Baker County
Circuit Court Judge Matt Shirt-
cliff to vacate his May 18 deci-
sion granting a preliminary
injunction to a group of plain-
tiffs, led by Elkhorn Baptist
Church in Baker City, who
sued Gov. Kate Brown on May
6 claiming she exceeded her
legal authority in issuing exec-
utive orders during the corona-
virus pandemic.
That preliminary injunction,
which the state Supreme Court
temporarily stayed later on the
same day Shirtcliff granted it,
would “upend the Governor’s
phased, data-driven process of
reopening the state, threatening
to squander the sacrifices that
Oregonians have already made
to keep one another safe,” Gut-
man wrote in his 42-page brief.
“This is not a close case,”
he wrote. “No reasonable jurist
could conclude that a prelimi-
nary injunction is warranted in
these circumstances.”
Gutman noted that most
Oregon counties, including
Baker County, are in phase one
of the state’s reopening plan,
which relaxed some of the
restrictions included in the gov-
ernor’s executive orders.
Gutman submitted the brief
on Thursday, as requested by
the Supreme Court.
Attorneys for the plaintiffs
and a group of intervenors,
including Grant County Sher-
iff Glenn Palmer and Grant
County Commissioner Sam
Palmer, have until Tuesday to
submit briefs defending Shirt-
cliff’s decision.
At issue is the preliminary
injunction the judge granted.
It temporarily prohibited the
state from enforcing restrictions
in Brown’s executive orders,
including limits on the number
of people in public gatherings,
one of the main objections the
plaintiffs including 10 churches
have cited.
But the Oregon Supreme
Court later on May 18 issued
a stay that temporarily stopped
the preliminary injunction from
taking effect.
That remains the case, and
the governor’s executive orders
continue to be in effect.
Even if the Supreme Court
rules in the governor’s favor
and vacates Shirtcliff’s pre-
liminary injunction, the law-
suit itself would continue, pos-
sibly leading to a trial in Baker
County Circuit Court.
The legal debate over the
preliminary injunction centers
on two state laws — Oregon
Revised Statutes chapters 401
and 433.
Chapter 401, the law the
governor cited in her ini-
tial emergency declaration on
March 8, does not have any
time limits on an emergency.
The declaration can remain in
effect until either the governor,
or the Legislature, decides to
terminate it.
✔Tax Levies & Liens Release
✔Resolve Back Taxes
✔Wage Garnishment Release
✔Payroll Tax Negotiation
✔Stop Penalties and Interest
✔Tax Preparation &
Bookkeeping Services
✔Tax Debt Negotiation &
Settlement
877-557-1912
ACCREDITED
BUSINESS
®
1-844-533-9173
A+
Rating
FREE TOWING
TAX DEDUCTIBLE
*Terms & Conditions Apply
S191168-1
Anthem offers a money-back guarantee designed to help you avoid wasting money on ineffective tax services.
We will gather as much information from you as necessary and work with tax authorities to give you the best
chance of reducing your tax debt. If for any reason that does not work out, and the government notifies us they
refuse to reduce your overall tax liability or monthly payments by any amount, we will gladly refund you the fees
you paid for our services in trying to reduce that debt. Money Back Guarantee does not apply to Bookkeeping
and Tax Preparation Services.
S191167-1
YOUR PERFECT BUNDLE
BUNDLE NOW. SAVE ALL YEAR.
Now save $ 30/mo. for a whole year on a
bundle with DIRECTV and AT&T Internet.
w/24-mo. TV & 12-mo. Internet agmts & combined bill. Savings based on extra $10/mo. off for 12 mos. compared to previous price,
plus $10/mo. discount on internet and $10/mo. bill credit for 12 mos. on TV when you bundle.
$
79
Blazing Fast
Internet!
98
ADD TO YOUR PACKAGE FOR ONLY
19 . 99
$
mo.
/mo.
For 12 mos. plus taxes &
Internet equipment fee.
w/ 24-mo. TV agmt & combined bill. Autopay & Paperless bill req’d.
TV price higher in 2nd year. $ 10/mo. internet equip. fee applies.*
Incl Unlimited data allowance ( $ 30 value) at no add’l charge. †
*$19.95 ACTIVATION, EARLY TERMINATION FEE, $20/MO. FOR TV FOR EACH MONTH REMAINING ON TV AGMT., EQUIPMENT NON-RETURN & ADD’L FEES APPLY.
Price incl. SELECT TV Pkg., monthly service & equip. fees for 1 HD DVR & is after $5/mo. autopay & paperless bill and $10/mo. bundle discounts for up to 12 mos each. Pay $54.99/mo. + taxes
and fees for TV until discounts start w/in 3 bills. New approved residential customers only (equipment lease req'd). Credit card req'd. Restr’s apply.
where available
2-YEAR TV PRICE GUARANTEE
America’s Top 120 Package
Iv Support Holdings LLC
1-877-441-1933
MO.
Geographic and service restrictions apply to AT&T Internet services. Not all speeds available in all areas. Call or go to www.att.com/internet to see if you qualify.
1-YR BUNDLE PRICE: Ends 6/27/20. Pricing: $79.98/mo for first 12 mos. only. After 12 mos. or loss of eligibility, then prevailing rates apply (currently $85/mo. for SELECT TV Pkg.; $39.99/mo. for Internet), unless canceled or changed prior to end of the promo
period. Must maintain all qualifying services and service addresses must match to receive advertised pricing. Pricing subject to change. $5/mo. autopay/paperless billing discount for TV: Must enroll in autopay & paperless bill within 30 days of TV activation to
receive bill credit starting in 1-3 bill cycles. First time credit will include all credits earned since meeting offer requirements. Must maintain autopay/paperless bill and valid email address to continue credits. No credits in 2nd year for autopay/paperless bill. $10/mo. bundle
discount for TV: Internet must be installed w/in 30 days of TV activation to receive credit starting in 1-3 bill cycles. First time credit will include all credits earned since meeting offer requirements. Must maintain both qualifying svcs to continue credits. No credits in 2nd
year for bundled services. Includes: SELECT All-Included TV Pkg., Internet plans 768k to 100M, monthly service and equipment fees for one Genie HD DVR, and standard pro installation. Additional Fees & Taxes: Price excludes $10/mo. internet equipment fee,
applicable use tax expense surcharge on retail value of installation, custom installation, equipment upgrades/add-ons (min. $99 one-time & $7/mo. monthly fees for each extra receiver/DIRECTV Ready TV/Device), and certain other add’l fees & charges. See att.com/fees
for additional details. Different offers may apply for eligible multi-dwelling unit customers. † Must maintain a bundle of TV and Internet on a combined bill in order to receive unlimited data allowance at no add’l charge. Unlimited data allowance
may also be purchased separately for an add’l $30/mo. For more info, go to www.att.com/internet-usage. DIRECTV SVC TERMS: Subject to Equipment Lease & Customer Agreements. Must maintain a min. base TV pkg of $29.99/mo.
Programming, pricing, terms and conditions subject to change at any time. Some offers may not be available through all channels and in select areas. Visit directv.com/legal or call for details. The Addams Family: ©2019 Metro-Goldwyn-Mayer Pictures Inc. and
BRON Creative MG1, LLC. All Rights Reserved. ©2020 AT&T Intellectual Property. All Rights Reserved. AT&T, Globe logo, DIRECTV, and all other DIRECTV marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks
are the property of their respective owners.
S191163-1
190 CHANNELS
Including Local Channels!
CALL TODAY - For $100 Gift Card Promo Code: DISH100
for 12 Mos.
1-866-373-9175
Ask About A FREE 3 Day
Vacation Voucher To Over
20 Destinations!!!
S191165-1
One solution for oxygen at home, away, and for travel
Introducing the INOGEN ONE – It’s oxygen therapy on your terms
No more tanks to refi ll. No more deliveries. No more hassles with travel.
The INOGEN ONE portable oxygen concentrator is designed to provide
unparalleled freedom for oxygen therapy users. It’s small, lightweight,
clinically proven for stationary and portable use, during the day and at night,
and can go virtually anywhere — even on most airlines.
Inogen accepts Medicare and many private insurances!
S191164-1
Special Financing Available
Subject to Credit Approval
Help Prevent Blindness
Get A Vision Screening Annually
844-945-2056
Off er valid March 16, 2020 - June 30, 2020
Oregon Department of
Forestry’s Central Oregon
District entered fire season
June 1.
This affects private,
county, state and local gov-
ernment lands within the
district boundary, accord-
ing to a press release.
Summer weather pat-
terns continue to dry wild-
land fuels and increase the
risk for fire spread. These
weather patterns also
bring the risk of lightning
and increase fire activity
in the area. The fire sea-
son declaration is intended
to reduce human fire starts
by restricting some activi-
ties related to forest opera-
tions and open burning.
“When the district
enters fire season it high-
lights the change of wild-
land fuel and weather pat-
terns,” said Rob Pentzer,
acting district forester. “It
is an indicator to our land-
owners, operators and the
public that we are trending
toward warm, dry weather
and we need to change
our actions to reduce any
potential starts and pre-
vent fires when we can.”
The fire season dec-
laration restricts the use
of tracer ammunition and
exploding targets within
the district, as well as the
use of blasting materials.
Smoking while working
or traveling through forest
operations is also prohib-
ited. Luminaries (sky lan-
terns) are always prohib-
ited in Oregon.
All open burning within
the Central Oregon Dis-
trict Protection Bound-
ary requires a permit
during fire season. Land-
owners who burned ear-
lier this spring should
check their piles to ensure
there is no heat or flames
as recent warm tempera-
tures can rekindle these
burns if any fire remains.
When checking piles use
a shovel to stir the ashes
and feel below the sur-
face for heat. Use water
and dirt to extinguish any
remaining heat. Check for
local restrictions regard-
ing open burning, as some
local governments and fire
departments have imple-
mented additional burn
bans.
These restrictions do
not apply to campfires,
but following safe burning
practices will decrease the
risk of fire spread. Always
make sure a campfire is
dead out before leaving
the area and never leave a
fire unattended.
Stewardship
for-
esters from local units
within
Central
Ore-
gon District can provide
additional guidance as
needed.
ODF’s Central Ore-
gon District continues to
serve landowners and the
public as an essential ser-
vice for Oregonians. Call
or email to talk with staff
or schedule an appoint-
ment. For additional infor-
mation on ODF’s Central
Oregon District, including
contact information and
unit offices, visit odfcen-
traloregon.com.
DONATE YOUR CAR
Call us now for your FREE tax consultation & evaluation:
7-Year Extended Warranty*
A $695 Value!
Blue Mountain Eagle
Imagine The Difference You Can Make
There are many ways we can tackle
IRS or State tax relief together:
SCHEDULE YOUR FREE IN-HOME
ASSESSMENT TODAY!
CALL your AT&T
Dealer Today!
because the plaintiffs’ request
for that action doesn’t satisfy
the legal requirements, includ-
ing a “balance of harms” and
whether the injunction is in the
public interest.
Gutman argues in the brief
that both the balance of harms
and the public interest “over-
whelmingly weigh against an
injunction disrupting the state’s
ongoing effort to contain the
COVID-19 pandemic.”
“The threat to the public
health caused by suddenly lift-
ing the executive orders over-
whelms any harm that plain-
tiffs and intervenors will suffer
from following those orders for
now,” Gutman writes.
Although the issue of the
preliminary injunction doesn’t
directly involve the plaintiffs’
freedom of religion under the
Oregon Constitution, the law-
suit does mention both the state
and federal constitutional guar-
antees of religious freedom.
In his brief, Gutman con-
tends that the governor’s exec-
utive orders do not violate the
plaintiffs’ rights because the
orders “treat faith-based gath-
erings the same as non-faith-
based gatherings that implicate
the same public-health con-
cerns. They are neutral laws of
general applicability that do not
target religion for unfavorable
treatment. Faith-based gath-
erings, just as much as non-
faith-based gatherings, pose
a high risk of spreading the
virus that causes COVID-19,
and all those gatherings need to
observe reasonable social dis-
tancing measures to slow the
pandemic.”
to limit the governor’s author-
ity specifically during public
health emergencies, then law-
makers likely would have also
amended chapter 401 so that
diseases would no longer qual-
ify as disasters under that law.
But the Legislature didn’t
do so — chapter 401, which the
governor invoked in her initial
disaster declaration, lists “dis-
ease” as one reason for such a
declaration.
Gutman also notes that
“chapter 433 repeatedly
cross-references chapter 401,
underscoring that the statutes
were meant to harmonize rather
than conflict.”
Gutman goes on to cite
statements by legislators in
2003 when they were consid-
ering chapter 433. The record
shows, Gutman argues, that
lawmakers did not intend chap-
ter 433 to limit the governor’s
powers under chapter 401.
Gutman includes in his brief
a quote from the state’s public
health officer who stated that
an argument could be made
that chapter 401, which dates
to 1949, gives the governor the
authority to take all the actions
listed in chapter 433, and more.
Gutman also argues that
the 28-day time limit in chap-
ter 433 applies only to the gov-
ernor’s proclamation of a pub-
lic health emergency, but not on
the actions, such as restricting
businesses and the movement
of residents, that the governor
is authorized to take under that
law.
Gutman contends that Shirt-
cliff should not have granted
the preliminary injunction
Tax Problems: RESOLVED
Prepare for unexpected
power outages with a
Generac home standby
generator
FREE
The Legislature has not
convened since the pandemic
started.
Chapter 433 deals spe-
cifically with public health
emergencies, and Brown has
invoked the law in several of
the executive orders she issued
following the initial emergency
declaration.
Chapter 433 limits the dura-
tion of a public health emer-
gency to 28 days.
The plaintiffs contend —
and Shirtcliff agreed in his deci-
sion granting the preliminary
injunction — that by invoking
chapter 433, Brown’s executive
orders are subject to the 28-day
limit.
But Gutman, in his brief to
the state Supreme Court, argues
that Shirtcliff “erred in conclud-
ing that those statutes — ORS
chapters 401 and 433 — con-
flict with one another, and that
the expiration provisions of
chapter 433 effectively limit
the duration of a state of emer-
gency declared under chapter
401.”
Gutman cites a clause in
chapter 433 that states that
nothing in that chapter “limits
the authority of the Governor to
declare a state of emergency”
under chapter 401.
Chapter 433 also states, if
the governor declares a state of
emergency under chapter 401,
she “may implement any action
authorized” by chapter 433.
The two statutes are not in
conflict, Gutman argues, but are
instead complementary.
Gutman argues that if the
Legislature had intended,
when it passed chapter 433,
fire season
Offer ends 7/15/20.
All offers require credit qualification, 24-month commitment with early termination fee and eAutoPay. Prices include Hopper Duo for qualifying customers. Hopper, Hopper w/Sling or
Hopper 3 $5/mo. more. Upfront fees may apply based on credit qualification.
Reclaim Your Freedom And
Independence NOW!
Call Inogen Today To
Request Your FREE Info Kit
1-855-839-0752
© 2020 Inogen, Inc.
All rights reserved.
MKT-P0108
S191166-1