ORS 327.109
Procedure if school district or charter school alleged to be involved in religious activity

  • complaint, investigation, finding
  • effect

(1)

Upon receipt from a citizen of Oregon of a complaint that on its face is colorable that a school district or public charter school sponsors, financially supports or is actively involved with religious activity, the Superintendent of Public Instruction or the superintendent’s designated representative shall undertake promptly a preliminary investigation of the facts alleged in the complaint.

(2)

If, after the preliminary investigation, the superintendent finds that there is a substantial basis to believe that the school district or public charter school sponsors, financially supports or is actively involved with religious activity, the superintendent shall:

(a)

In the case of a school district:

(A)

Notify the complainant and the school district;

(B)

Withhold immediately all funds due the school district under ORS 327.095 (Percentages and time of payment of apportionments to school districts); and

(C)

Schedule a contested case hearing to be conducted in accordance with ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

(b)

In the case of a public charter school:

(A)

Notify the complainant, the public charter school, the school district in which the public charter school is located and the sponsor of the public charter school;

(B)

Withhold immediately all funds for the public charter school that, pursuant to ORS 338.155 (Distributions of State School Fund amounts), are due under ORS 327.095 (Percentages and time of payment of apportionments to school districts) to the school district in which the public charter school is located;

(C)

Order the school district in which the public charter school is located to withhold immediately all funds due the public charter school under ORS 338.155 (Distributions of State School Fund amounts); and

(D)

Schedule a contested case hearing to be conducted in accordance with ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases).

(3)

Intentionally left blank —Ed.

(a)

In the case of a school district if, after the preliminary investigation, the superintendent finds that there is no substantial basis to believe that the school district sponsors, financially supports or is actively involved with religious activity, the superintendent shall notify the complainant and the district of that finding and shall not withhold funds due the district under ORS 327.095 (Percentages and time of payment of apportionments to school districts) or schedule a hearing.

(b)

In the case of a public charter school if, after the preliminary investigation, the superintendent finds that there is no substantial basis to believe that the public charter school sponsors, financially supports or is actively involved with religious activity, the superintendent shall notify the complainant, the public charter school, the school district in which the public charter school is located and the sponsor of the public charter school of that finding and shall not schedule a hearing or withhold funds for the public charter school that, pursuant to ORS 338.155 (Distributions of State School Fund amounts), are due under ORS 327.095 (Percentages and time of payment of apportionments to school districts) to the school district in which the public charter school is located. The superintendent shall also order the school district in which the public charter school is located not to withhold funds due the public charter school under ORS 338.155 (Distributions of State School Fund amounts).

(4)

During the preliminary investigation, the school district or public charter school shall cooperate to a reasonable degree with the superintendent and provide any evidence that the superintendent considers necessary for the investigation. If the school district or public charter school fails or refuses to cooperate to a reasonable degree with the superintendent during the investigation, the superintendent shall presume that there is a substantial basis to believe that the school district or public charter school sponsors, financially supports or is actively involved with religious activity and shall proceed as provided in subsection (2) of this section.

(5)

If the superintendent makes a finding under subsection (2) or (4) of this section, the school district or public charter school shall receive no funds under ORS 327.095 (Percentages and time of payment of apportionments to school districts) or 338.155 (Distributions of State School Fund amounts) from the date of the superintendent’s finding until the superintendent finds that the school district or public charter school is no longer sponsoring, financially supporting or actively involved with religious activity.

(6)

The funds withheld under this section shall be held in an escrow account and shall be removed from that account only as follows:

(a)

If the superintendent determines, after a contested case hearing, or a court on appeal rules, that the school district or public charter school never sponsored, financially supported or was actively involved with religious activity, the entire amount, including interest thereon, in the escrow account shall be released to the school district or public charter school.

(b)

If the superintendent determines, after a contested case hearing, or a court on appeal rules, that the school district or public charter school sponsored, financially supported or was actively involved with religious activity in the past but has ceased to do so, that portion of the amount, including interest thereon, in the escrow account that accrued to the school district or public charter school after the school district or public charter school ceased the proscribed conduct shall be paid to the school district or public charter school. Any amount, including interest thereon, permanently withheld from the school district or public charter school shall revert to the State School Fund or to the General Fund, if the biennium has ended.

(c)

If the school district or public charter school does not cease the proscribed conduct by the beginning of the next school year, the superintendent shall notify the State Treasurer who shall cause the amount in the escrow account, including interest thereon, to revert to the State School Fund or to the General Fund, if the biennium has ended.

(7)

If the superintendent schedules a contested case hearing, as provided in subsection (2) of this section, the superintendent may conduct such further investigation of the facts relevant to the complaint as the superintendent considers necessary. In conducting the investigation, the superintendent shall have the power of subpoena to compel production of documents and attendance of witnesses at depositions and may do all things necessary to secure a full and thorough investigation.

(8)

If a person or school district or public charter school fails to comply with any subpoena issued under subsection (7) of this section, a judge of the circuit court of any county, on application of the superintendent, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from circuit court. [1985 c.584 §2; 1999 c.200 §28; 2005 c.209 §5]

Source: Section 327.109 — Procedure if school district or charter school alleged to be involved in religious activity; complaint, investigation, finding; effect, https://www.­oregonlegislature.­gov/bills_laws/ors/ors327.­html.

Notes of Decisions

Analysis under statute is same as analysis under federal Establishment Clause. Powell v. Bunn, 185 Or App 334, 59 P3d 559 (2002), Sup Ct review denied

327.001
Fund for Student Success
327.006
Definitions for State School Fund distributions
327.008
State School Fund
327.011
Description of Local Revenues for purpose of State School Fund distributions
327.013
State School Fund distribution computations for school districts
327.016
Report related to State School Fund moneys received for English language learner programs
327.019
State School Fund distribution computations for education service districts
327.021
Percentages and time of payment of apportionments to education service districts
327.022
Pediatric Nursing Facility Account
327.023
Grants for special and compensatory education programs
327.026
State School Fund grant for programs
327.033
Approved transportation costs
327.043
When district required to provide transportation
327.061
Computation of number of students in average daily membership
327.077
Remote small elementary school and small high school determination
327.095
Percentages and time of payment of apportionments to school districts
327.097
Apportionment where district changed
327.099
Adjustment of distribution within fiscal year
327.101
Adjustment of distribution between fiscal years
327.102
Standard school complaints
327.103
Standard school presumed
327.106
School districts required to offer kindergarten through grade 12
327.108
Post-graduate scholar programs
327.109
Procedure if school district or charter school alleged to be involved in religious activity
327.120
Correction of errors in apportionments
327.125
Superintendent to administer statutes related to state financing of education
327.128
Disbursement and expenditures of moneys appropriated or allocated to Department of Education
327.133
Reports by districts
327.137
Audit reports filed with department
327.141
Financial or performance audit initiated by department
327.147
Increased allocation when union high school district becomes common school district
327.152
Increased allocation when certain merger occurs
327.157
Minimum apportionment to school districts affected or not affected by ORS 327.147 and 327.152
327.175
Student Investment Account
327.180
Allowed uses of grants from Student Investment Account
327.185
Application requirements to receive grants from Student Investment Account
327.190
Approval of applications to receive grants from the Student Investment Account
327.195
Calculations of grant amounts
327.201
Financial audits
327.208
Technical assistance provided by the Department of Education
327.214
Coaching program for grant recipients that do not meet performance growth targets
327.222
Intensive program for high needs school districts
327.224
Student Success Teams Account
327.235
Reports to the Legislative Assembly
327.250
Statewide Education Initiatives Account
327.254
Statewide Education Initiatives Account uses
327.269
Early Learning Account
327.274
Early Learning Account uses
327.290
Legislative findings relating to student achievement
327.294
School Improvement Fund
327.297
Grants for activities related to student achievement
327.298
Grants for schools that are high poverty and low performing
327.300
Definitions for ORS 327.300 to 327.320
327.310
Legislative findings
327.320
School Facility Improvement Fund
327.330
Grants to school districts for construction and maintenance of public school facilities
327.331
Allowed student transportation costs
327.333
Policy on provision of grants to school districts
327.336
Qualifications
327.339
Local Option Equalization Grants Account
327.341
Grants to provide instructional time during summer
327.344
Statewide English Language Learner Program Account
327.345
Grants for training English language learner teachers
327.348
High Cost Disabilities Account
327.356
Definitions for ORS 327.356 and 327.358
327.358
Small school district grants
327.359
Small School District Supplement Fund
327.362
Grants to public charter schools to increase academic achievement for students who have historically experienced academic disparities or who are disabled
327.365
Automated external defibrillator grants
327.367
Early warning system
327.372
Funding for activities related to science, technology, engineering and mathematics education and to career and technical education
327.376
Connecting Education to Careers Account
327.380
Application for grant
327.385
STEM Investment Grant Account
327.390
Grants
327.403
Definition for ORS 327.405 to 327.480
327.405
Common School Fund
327.410
Apportionment of Distributable Income Account of Common School Fund among counties
327.420
Basis of apportionment
327.423
Determination of school census
327.425
Loans and investment of funds
327.430
Security for loans
327.435
Ascertainment of value and title of security
327.440
Loan repayment
327.445
Custody of securities for loan
327.450
Foreclosure of mortgages given to secure loans
327.455
Record of purchases by Department of State Lands on foreclosures
327.465
Cancellation of unpaid taxes after deed to state in liquidation of loan
327.470
Cancellation of taxes on land acquired through foreclosure proceedings
327.475
When county court may acquire mortgaged lands deeded to state
327.480
Use of Common School Fund moneys to comply with judgment canceling fraudulent deed
327.482
Appropriation to reimburse fund for earnings failure
327.484
Reimbursement for earnings failure
327.485
Education Cash Account
327.490
Projects contracted to districts and institutions of higher learning
327.495
Appropriation of funds received for certain purposes
327.496
Summer Learning Program Account
327.497
Legislative findings
327.500
Establishment
327.502
Officers
327.506
Quality education goals
327.511
Uniform budget and accounting system
327.520
Acceptance and distribution of donated commodities to schools
327.525
School Lunch Revolving Account
327.527
Summer breakfast and lunch reimbursement
327.531
School breakfast and lunch programs
327.535
Participation in school breakfast program
327.537
Requirements for providing reimbursable meals
327.540
School after-school meal and snack program
327.545
Reimbursement amounts for school districts that provide reimbursable meals
327.548
Hunger Free Schools Account
327.615
State Treasurer as trustee of funds
327.620
Review of accounts affecting federal funds
327.635
Labor standards required on federally financed school construction
327.645
Financing of programs mandated by state and federal programs
327.700
Definitions for ORS 327.700 to 327.711
327.705
Purpose of ORS 327.700 to 327.711
327.708
Legislative findings
327.711
Payment of debt service
327.731
Education project grants
327.800
Goals of strategic investments
327.810
Oregon Early Reading Program
327.815
Guidance and Support for Post-Secondary Aspirations Program
327.820
Connecting to the World of Work Program
327.850
Short title
327.853
Definitions for Act
327.856
High School Graduation and College and Career Readiness Fund
327.859
Apportionments to school districts
327.862
Amounts available to fund to be in addition to other amounts available for kindergarten through grade 12 public education
327.865
Portion of funds for career and technical education
327.868
Portion of funds for college-level educational opportunities for students in high schools
327.871
Portion of funds for dropout-prevention strategies in high schools
327.874
Requirements for use of moneys received by school districts
327.877
School district qualifications for apportionments
327.880
Failure to meet qualifications
327.883
Rules for eligibility requirements, biennial plan guidelines, biennial plan submission deadlines, reporting criteria and audit processes
327.886
Retention of moneys for administrative costs of department
327.889
Retention of moneys for administrative costs of school districts
327.892
Oversight and accountability by department
327.895
Financial and program audits by Secretary of State
327.910
Coordination between Department of Education and Oregon FFA Association for agricultural education courses
327.915
Grants to manage programs of study in agricultural science and technology
Green check means up to date. Up to date