2007 ORS 310.155¹
Public school system limit
  • definitions

(1) For purposes of ORS 310.150 (Segregation into categories), taxes are levied or imposed to fund the public school system if the taxes will be used exclusively for educational services, including support services, provided by any unit of government, at any level from prekindergarten through post-graduate training.

(2) Taxes on property levied or imposed by a unit of government whose principal function is to provide educational services shall be considered to be dedicated to fund the public school system unless the sole purpose of a particular, voter approved levy is for other than educational services or support services as defined in this section.

(3) Taxes on property levied or imposed by a unit of government whose principal function is to perform government operations other than educational services shall be considered to be dedicated to fund the public school system only if the sole purpose of a particular, voter approved levy is for educational services or support services as defined in this section.

(4) As used in this section, "educational services" includes:

(a) Establishment and maintenance of preschools, kindergartens, elementary schools, high schools, community colleges and institutions of higher education.

(b) Establishment and maintenance of career schools, adult education programs, evening school programs and schools or facilities for persons with physical, mental or emotional disabilities.

(5) As used in this section, "support services" includes clerical, administrative, professional and managerial services, property maintenance, transportation, counseling, training and other services customarily performed in connection with the delivery of educational services.

(6) "Educational services" does not include community recreation programs, civic activities, public libraries, programs for custody or care of children or community welfare activities if those programs or activities are provided to the general public and not for the benefit of students or other participants in the programs and activities described in subsection (4) of this section. [1991 c.459 §214; 1995 c.343 §27; 1997 c.541 §264; 2007 c.70 §76]

Notes of Decisions

Categoriza­tion of levy follows categoriza­tion of taxing district unless sole purpose of levy is for services falling within different category. Glenn v. Morrow County Unified Recrea­tion District, 14 OTR 344 (1998)

Cocurricular activities of taxing district that are provided within school context are educa­tional services. Glenn v. Morrow County Unified Recrea­tion District, 14 OTR 344 (1998)

Limiting categoriza­tion of mixed use levy proceeds to only one category violates require­ments of sec­tion 11b, Article XI of Oregon Constitu­tion. Urhausen v. City of Eugene, 18 OTR 395 (2006), aff'd 341 Or 246, 142 P3d 1023 (2006)

Chapter 310

Law Review Cita­tions

5 EL 516 (1975)

1 Legislative Counsel Committee, CHAPTER 310—Property Tax Rates and Amounts; Tax Limitations; Tax Reduction Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­310.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 310, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­310ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.