ORS 330.101¹
  • order
  • remonstrance
  • election

(1) Before the proposed change or merger is ordered, the district boundary board shall give notice in the manner provided in ORS 330.400 (Notice by publication requirements) of the proposed change or merger and the session of the board at which it will be ordered. If no remonstrance petition on the change or merger is submitted requiring an election as provided in subsection (2) of this section, the board shall issue an order that the change or merger shall become effective as provided in ORS 330.103 (Effective date of change or merger). The remonstrance petition is subject to ORS 332.118 (Election laws applicable). However, the boundary board shall not issue an order until all affected boundary boards have had opportunity to consider the proposed change or merger.

(2) If a remonstrance petition on a proposed change or merger signed by at least five percent or at least 500, whichever is less, of the electors of a school district affected by the proposed change or merger is filed with the district boundary board within 20 days after the date of the order to effect the proposed change or merger, and when all district boundary boards have acted on the change or merger as provided in ORS 330.095 (Request or petition for change or merger) (3), the board shall submit the question of the proposed change or merger to the electors of each affected school district from which a remonstrance petition was filed, with the district boundary board acting as the district elections authority on behalf of the school districts. Separate elections shall be held in sequence in the districts from which remonstrance petitions have been filed, commencing with the least populous district and progressing in order of population to the most populous district. If the majority of votes in each election favor the change or merger, an election shall be held in the next most populous district. The cost of an election on a proposed boundary change or merger shall be prorated between or among the district school boards involved in accordance with ORS 255.305 (Election expenses paid by district).

(3) If the majority of votes cast in any affected district oppose the change or merger, the change or merger shall be defeated, and the same or a substantially similar change or merger shall not be ordered until 12 months have elapsed from the date of the election at which the change or merger was defeated, unless otherwise required by law. If the vote is favorable in all remonstrating districts, the district boundary board shall declare the change or merger effective as provided in ORS 330.103 (Effective date of change or merger) and issue an order without further elections.

(4) For any school district merger that is initiated as described in ORS 327.106 (School districts required to offer kindergarten through grade 12) (2)(b), no remonstrance petition or election shall be allowed.

(5) When a unified elementary district with an average daily membership of greater than 50 that has, prior to the merger, paid tuition for the majority of its high school students to attend an out-of-state high school merges with a district that provides education in kindergarten and grades 1 through 12, the following shall apply after the merger:

(a) The students who reside in the former unified elementary district shall be authorized to attend the out-of-state high school that the majority of the high school students of the unified elementary district were attending during the 1992-1993 school year;

(b) The merged district shall pay tuition for the students described in paragraph (a) of this subsection but not in an amount greater than the district’s average expenditure for high school students; and

(c) The parents of a student who wish the student to attend the out-of-state high school must agree to pay the difference, if any, between what the district is authorized to pay as tuition under paragraph (b) of this subsection and the amount of tuition charged by the out-of-state high school. [1965 c.100 §76 (330.101 (Notice) enacted in lieu of 330.100); 1965 c.244 §1; 1965 c.621 §5; 1967 c.313 §1; 1967 s.s. c.8 §4; 1975 c.326 §3; 1979 c.772 §19; 1983 c.83 §48; 1983 c.284 §10; 1983 c.350 §140; 1985 c.364 §2; 1989 c.819 §5; 1991 c.13 §1; 1991 c.167 §10; 1993 c.136 §3; 1993 c.329 §2; 1997 c.521 §14; 2005 c.209 §17; 2011 c.704 §12]

Notes of Decisions

When districts under jurisdic­tion of more than one boundary board are involved in boundary change, approval by board in which larger district lies is only preliminary ac­tion and change is not effective unless board in which smaller district lies concurs. Central School Dist. v. Marion Dist. Boundary Bd., 88 Or App 85, 744 P2d 284 (1987), Sup Ct review denied

Court of Appeals has jurisdic­tion to review school district boundary change approved by appropriate boundary boards even if no remonstrance for elec­tion is filed under this sec­tion. Butte Creek Sch. Dist. v. Clackamas Co. Dist. Boundary Bd., 88 Or App 89, 744 P2d 286 (1987)

Where peti­tion for boundary change did not contain 100 percent of contiguous prop­erty owners nor contain at least three signatures, peti­tion did not comply with require­ments of this sec­tion. Butte Creek School Dist. v. Clackamas Co., 91 Or App 300, 754 P2d 926 (1988)

Atty. Gen. Opinions

Second elec­tion for school district boundary change, (1973) Vol 36, p 626

1 Legislative Counsel Committee, CHAPTER 330—Boundary Changes; Mergers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors330.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 330, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano330.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information