2017 ORS 330.090¹
Mergers

(1) The district boundary board shall enter an order directing a school district to be merged with an adjoining school district designated by the board if it finds that continuation of the district is not required because of geographic factors affecting transportation or because of sparsity of population and if:

(a) The school district fails to maintain and operate a school for one year without approval of the State Board of Education;

(b) The school district is in a county with 35,000 or less population and has an average daily membership of fewer than six children for each of two successive years, as certified by the Superintendent of Public Instruction; or

(c) The school district is in a county with more than 35,000 population and has an average daily membership of fewer than 18 children for each of two successive years, as certified by the Superintendent of Public Instruction.

(2) The order of the district boundary board shall take effect as provided in ORS 330.103 (Effective date of change or merger).

(3) Subject to the provisions of ORS 330.092 (Basis for boundary changes) to 330.101 (Notice), the district boundary board on the request of the district school boards of the affected districts or on petition of five percent or 500 electors of each affected district, whichever is less, shall merge smaller districts into larger districts or change the boundaries of common or union high school districts.

(4) No boundary change or merger shall be made which results in a school district having fewer than 20 children of school age on the date the change or merger becomes effective.

(5) No boundary change or merger shall be made which results in a school district that consists of noncontiguous areas.

(6) If the district boundary board fails to follow the time schedules prescribed in ORS 330.107 (Time for boundary board action) or to approve a request or petition under subsection (3) of this section, the district school boards of the affected school districts or the petitioners may appeal to the State Board of Education to order the proposed boundary change or merger. The state board shall order the change or merger and shall direct the district boundary board to perform the duties described in ORS 330.101 (Notice) in the same manner as if the district boundary board had ordered the boundary change or merger.

(7) As used in this section, “affected district” includes:

(a) Two or more districts providing education in kindergarten and grades 1 through 12 involved in the merger.

(b) All component school districts, not including any split school districts, as defined in ORS 335.482 (Definitions for ORS 335.495 to 335.505), and the union high school district if merger procedures are used for the unification of the union high school district and its component districts.

(c) The union high school district and the component school districts, not including split school districts, in a secession from the union high school district by one or more of the component districts and the unified district they wish to join.

(d) Two or more districts offering education in kindergarten and grades 1 through 6 or 8 that would create a split school district by merger and the union high school district and the component school districts of the union high school district. [1963 c.282 §13(1), (8); 1965 c.100 §73; 1967 c.298 §1; 1969 c.235 §1; 1979 c.256 §1; 1985 c.364 §1; 1989 c.491 §14; 1989 c.819 §3; 1991 c.167 §7; 1993 c.112 §2; 1993 c.329 §1]

Notes of Decisions

Boundary board permissibly denied peti­tioners’ at­tempt to transfer school prop­erty from Polk County to Yamhill County where peti­tioners did not prove that change would have “no substantial adverse effect” as re­quired by this sec­tion. Kumley v. Polk Co. District Boundary Board, 75 Or App 315, 706 P2d 562 (1985)

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 ORS 330.101 (Notice). 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)

Where require­ment of statute that per­son seeking boundary change must show that change will not adversely affect educa­tional programs in “area affected,” area refers to area proposed for change, not all territory within affected districts. Rural Dell School Dist. v. Board of Educa­tion, 97 Or App 31, 775 P2d 852 (1989)

State Board of Educa­tion on ap­peal from district boundary board has de novo authority and may con­duct new hearing before hearings of­fi­cer. Rural Dell School Dist. v. Board of Educa­tion, 97 Or App 31, 775 P2d 852 (1989)

1 Legislative Counsel Committee, CHAPTER 330—Boundary Changes; Mergers, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors330.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 330, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano330.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.