2007 ORS 330.101¹
Notice
  • 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). 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) and issue an order without further elections.

(4) For any school district merger that is initiated under ORS 327.106 (School districts required to offer kindergarten through grade 12) (3), 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]

Note: Section 2, chapter 503, Oregon Laws 2007, provides:

Sec. 2. South Umpqua School District No. 19 division. (1) On or before October 31, 2007, the Superintendent of Public Instruction shall issue a fact-finding report on the division of the South Umpqua School District No. 19 into two districts. The two districts shall be the South Umpqua School District No. 19 and a district designated as the Canyonville School District. Each district shall offer educational programs in kindergarten through grade 12.

(2) The superintendent shall designate a fact finder to gather information and make recommendations about the division of the South Umpqua School District No. 19. The South Umpqua School District No. 19 Board and the Canyonville School Committee shall jointly submit a list of fact finder candidates to the superintendent. The list shall have no more than six names. The superintendent shall select the fact finder from the list.

(3) The fact finder shall consult with the South Umpqua School District No. 19 Board and the Canyonville School Committee. The fact finder shall:

(a) Consider whether the question of dividing the South Umpqua School District No. 19 should be submitted to the electors of the school district;

(b) Consider converting the Canyonville School to a public charter school; and

(c) Consider other alternatives for the operation of the Canyonville School.

(4) In considering the division of the South Umpqua School District No. 19, the fact finder shall review:

(a) The impact of the division on the South Umpqua School District No. 19;

(b) The plan for the division of the assets and liabilities of the South Umpqua School District No. 19;

(c) The school facilities of the proposed Canyonville School District;

(d) The expected income and expenditures of the proposed Canyonville School District;

(e) The business management plan for the proposed Canyonville School District;

(f) The education program and the ability of the proposed Canyonville School District to meet state and federal education standards; and

(g) Any other relevant issues relating to the division of the South Umpqua School District No. 19.

(5) Based on the findings and recommendations of the fact finder, the superintendent shall issue a fact-finding report that shall include:

(a) An order for the district boundary board of the South Umpqua School District No. 19 to submit the question of dividing the South Umpqua School District No. 19 to the electors of the school district. The order of the superintendent shall specify the new boundaries of the South Umpqua School District No. 19 and shall specify the distribution of the assets and liabilities of the former district;

(b) A recommendation to convert the Canyonville School to a public charter school; or

(c) A recommendation for another alternative for the operation of the Canyonville School.

(6) If the superintendent orders the district boundary board to send the question of dividing the South Umpqua School District No. 19 to the electors of the school district, the district boundary board, acting as the district elections authority on behalf of the South Umpqua School District No. 19, shall submit the question of dividing the South Umpqua School District No. 19 to the electors of the school district prior to April 1, 2008.

(7) If a majority of votes cast approve the division of the South Umpqua School District No. 19, the district boundary board shall proceed to divide the South Umpqua School District No. 19 based on the order of the superintendent. The district boundary board shall appoint by order five electors of the Canyonville School District as the initial board of directors of the district. Three of the members shall be appointed to serve until June 30 following the election of their successors at the next district election. Two of the members shall be appointed to serve until June 30 following the election of their successors at the next succeeding district election.

(8) A remonstrance petition or election under ORS 330.101 (Notice) is not allowed on the division of the South Umpqua School District No. 19.

(9) The employees of the former school district who have been employed at a school that is within the new Canyonville School District may elect to transfer to the Canyonville School District upon the creation of the school district. A school district employee of the former school district may not be deprived of seniority or accumulated sick leave solely because the duties of the employee have been assumed or acquired by the new school district.

(10)(a) Notwithstanding ORS 330.103 (Effective date of change) (1), if prior to July 1, 2008, the district boundary board files with the county assessor and the Department of Revenue the legal description of the division of the South Umpqua School District No. 19 pursuant to ORS 308.225 (Boundary change or proposed boundary change), the division of the school district shall become effective on July 1, 2009.

(b) Notwithstanding paragraph (a) of this subsection, for purposes of levying taxes, the division of the South Umpqua School District No. 19 shall become effective on May 31, 2008, and the South Umpqua School District No. 19 shall continue to levy taxes for both school districts for the 2008-2009 fiscal year.

(11)(a) The South Umpqua School District No. 19 shall pay to the Department of Education 50 percent of the costs of the superintendent and the department of administering this section.

(b) For the purpose of paying the costs of the superintendent and the department of administering this section, the department may accept contributions of moneys and assistance from any public or private source and agree to conditions placed on the moneys not inconsistent with the duties of the department or superintendent under this section.

(c) Any moneys received by the department under this subsection shall be placed in the Department of Education Account.

(d) Notwithstanding subsections (1) to (10) of this section, the superintendent may not take any action under this section until the department determines that sufficient moneys or assistance have been received by the department to pay for the costs of the superintendent and the department of administering this section. [2007 c. 503 §2; 2007 c.839 §18]

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

Atty. Gen. Opinions

Removing territory from school district, annexing to an­oth­er, (1973) Vol 36, p 626

1 Legislative Counsel Committee, CHAPTER 330—Boundary Changes; Mergers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­330.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 330, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­330ano.­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.