2007 Oregon Code - Chapter 330 :: Chapter 330 - Boundary Changes - Mergers
Chapter 330 —
Boundary Changes; Mergers
2007 EDITION
BOUNDARY CHANGES; MERGERS
EDUCATION AND CULTURE
GENERAL PROVISIONS
330.003    “Merger”
and “school district” defined
330.005Â Â Â Â Division
of state into school districts; definitions
BOUNDARY CHANGE AND MERGER PROCEDURES
330.080Â Â Â Â Composition,
purpose and organization of district boundary board
330.090Â Â Â Â Mergers
330.092Â Â Â Â Basis
for boundary changes
330.095Â Â Â Â Request
or petition for change or merger; content
330.101Â Â Â Â Notice;
order; remonstrance; election
Note         South
Umpqua School District No. 19 division--2007 c.503 §2
330.103Â Â Â Â Effective
date of change; administration and operation until end of fiscal year; rights
of electors
330.106Â Â Â Â Action
by board pending effective date of change
330.107Â Â Â Â Time
for boundary board action; extension
330.113Â Â Â Â Effect
of change
330.123Â Â Â Â Division
of assets and liabilities
330.133Â Â Â Â Effect
of boundary change on electors
NOTICE
330.400Â Â Â Â Notice
by publication requirements
LOCAL SCHOOL COMMITTEES
330.425Â Â Â Â Local
school committee; members; election
330.430Â Â Â Â Functions
of local school committee
330.435Â Â Â Â Filling
vacancies on committee
GENERAL PROVISIONS
     330.003
“Merger” and “school district” defined. For purposes of this chapter:
     (1)(a) “Merger” includes any alteration,
annexation, merger, consolidation, lengthening the course of study or other
change under ORS 330.090 to 330.107, 334.710 to 334.770 and 335.490 to 335.505.
     (b) “Merger” includes only those
proceedings in which the entire territory of an involved school district is
merged. The permanent rate limit for operating taxes for a school district
after merger shall be the rate that would produce the same operating tax
revenue as the school districts prior to merger would have cumulatively
produced in the year of merger if the merger, not taking into account any
applicable statutory rate limit, had not occurred.
     (2) “School district” means a taxing
district providing public elementary or secondary education, or any combination
thereof, within this state, and specifically includes a component school
district of an education service district that levies taxes for its component
school districts and the education service district itself. “School district”
does not include any other education service district. [1989 c.629 §1; 1993
c.18 §89; 1993 c.270 §67; 1993 c.784 §21; 1995 c.611 §1; 1997 c.541 §371; 2001
c.695 §36; 2003 c.226 §§10,11]
     330.005
Division of state into school districts; definitions. (1) For public school purposes, this state
is divided into subdivisions known as school districts.
     (2) For purposes of the school laws of
this state, unless the context requires otherwise:
     (a) “School district” includes a common
school district, a joint school district and a union high school district.
     (b) “Common school district” means a school
district, other than a union high school district, formed primarily to provide
education in all or part of kindergarten through grade 12 to pupils residing
within the district.
     (c) “Joint school district” means a common
or union high school district with territory in more than one county.
     (d) “Union high school district” means a
school district, other than a common school district, that is responsible for
education in high school grades but not in primary grades, formed in accordance
with ORS 335.210 to 335.485 (1963 Replacement Part).
     (e) “Governing body of the county” means
the county court, the board of county commissioners or the unit of government
designated by the county charter to exercise the power or duty prescribed in
the section in which the term occurs.
     (f) “Most populous district” means the
school district that has the largest number of pupils in average daily
membership, as defined in ORS 327.006. [1965 c.100 §71; 1971 c.513 §86; 1989
c.819 §1a; 1991 c.167 §5; 1991 c.586 §1; 2003 c.226 §12]
     330.010 [Repealed by 1965 c.100 §456]
     330.020 [Amended by 1963 c.282 §1; repealed by 1965
c.100 §456]
     330.030 [Repealed by 1965 c.100 §456]
     330.040 [Amended by 1955 c.386 §1; 1957 c.310 §7;
repealed by 1963 c.282 §16]
     330.050 [Amended by 1961 c.522 §6; 1963 c.282 §14;
1965 c.100 §78; renumbered 330.123]
     330.060 [Amended by 1963 c.282 §2; repealed by 1965
c.100 §456]
BOUNDARY
CHANGE AND MERGER PROCEDURES
     330.080
Composition, purpose and organization of district boundary board. (1) The education service district board
shall constitute the district boundary board for laying off the county in
convenient school districts. In any county in which there is no education
service district board, the governing body of the county shall constitute the district
boundary board. The district boundary board shall have jurisdiction over all
school districts in the county and over all joint districts, the administrative
offices of which are in the county.
     (2) The district boundary board shall make
alterations and changes in the school districts in the manner specified by law.
The board shall maintain a record showing the boundaries and numbers of the
districts in the county based on records in the office of the county assessor. [Formerly
329.710; 1965 c.100 §72; 1989 c.819 §2]
     330.085 [Formerly 329.720; repealed by 1965 c.100 §456]
     330.090
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.
     (3) Subject to the provisions of ORS
330.092 to 330.101, 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 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 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, 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]
     330.092
Basis for boundary changes.
The boundaries of a school district may not be changed except:
     (1) Pursuant to ORS 330.090 (1) or (3).
     (2) By a vote of the people pursuant to
the lengthening of the course of study under ORS chapter 335.
     (3) By the mutual consent of the district
school boards of the two or more affected districts in the manner prescribed in
ORS 330.080 to 330.107.
     (4) On a request for change or merger
proposal submitted to the district boundary board by electors of the affected
districts in the manner prescribed in ORS 330.080 to 330.107. [1989 c.819 §1;
1991 c.167 §8; 2003 c.226 §13]
     330.095
Request or petition for change or merger; content. (1) Subject to ORS 332.118, the request or
petition for proposed change or merger in school districts shall:
     (a) Be directed to the district boundary
board of the county or counties having jurisdiction over the affected school
districts;
     (b) Contain the names and numbers of
districts affected by the change;
     (c) Contain a concise statement of the
type of change requested and, if only a portion of the school district is
involved, contain a legal description thereof; and
     (d) If a petition of electors from
affected districts is involved, contain the signatures and residence addresses
or mailing addresses of the petitioners and the names of the school districts
in which they reside.
     (2) If a merger is requested or
petitioned, the request or petition shall also contain proposals for
distribution of debt.
     (3) When any proposed boundary change or
merger affects school districts under the jurisdiction of different district
boundary boards, the proposed change or merger shall first be acted upon by the
district boundary board of the county in which lies the most populous district,
and must be submitted to the district boundary board of the other affected
county or counties.
     (4) Any proposed merger may contain a
recommendation that the new district retain the same name and number as the
most populous school district in the merger or a recommendation for a new name
for the district, a request for the formation of school committees as described
in ORS 330.425 and a request that the number of members of the district school
board be increased to seven members. [1963 c.282 §13(2); 1965 c.100 §74; 1967
c.328 §1; 1989 c.819 §4; 1991 c.167 §9; 1993 c.136 §2; 1999 c.21 §63; 2005
c.209 §16]
     330.100 [1963 c.282 §13 (3),(4),(5),(6),(10);
repealed by 1965 c.100 §75 (330.101 enacted in lieu of 330.100)]
     330.101
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 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. The remonstrance petition is subject to ORS 332.118.
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 (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.
     (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 and issue an
order without further elections.
     (4) For any school district merger that is
initiated under ORS 327.106 (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 districtÂ’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 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.
     (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
     (c) Consider other alternatives for the
operation of the
     (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
     (d) The expected income and expenditures
of the proposed
     (e) The business management plan for the
proposed
     (f) The education program and the ability
of the proposed
     (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
     (c) A recommendation for another
alternative for the operation of the
     (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
     (8) A remonstrance petition or election
under ORS 330.101 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
     (10)(a) Notwithstanding ORS 330.103 (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, 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]
     330.103
Effective date of change; administration and operation until end of fiscal
year; rights of electors.
(1) When a school district boundary change or merger becomes final according to
ORS 308.225 (2)(a) and the change or merger:
     (a) Occurs on or after July 1 and prior to
March 31, the change or merger shall take effect May 31 following the
declaration or election.
     (b) Occurs between March 31 and June 30,
inclusive, the change or merger shall take effect May 31 of the following year.
     (2) Districts subject to the boundary
changes or mergers under this section shall, for the purposes of administration
and operation, continue to operate separately until the end of the fiscal year
in which the boundary changes or mergers are effective. No additional audit
shall be necessary.
     (3) Notwithstanding the effective dates
specified in subsection (1) of this section, electors shall be entitled to vote
in any school elections affecting the school district in which they will reside
when the boundary change or merger takes effect, including voting on candidates
to serve on the district school board and on taxes to be levied after the
effective date of the boundary change or merger if the electors are eligible to
vote in the district in which the electors reside prior to the change or
merger. Notwithstanding ORS 332.018, such electors shall be eligible to be
candidates for the district school board, to serve thereon and to serve on the
budget committee if the electors are eligible to be candidates or budget
committee members in the district in which the electors reside prior to the
change or merger. [1967 s.s. c.8 §2; 1973 c.501 §3; 1989 c.819 §8; 1991 c.167 §11]
     330.105 [1963 c.282 §13(7),(9), §15; repealed by
1965 c.100 §456]
     330.106
Action by board pending effective date of change. During the period following the declaration
or last election under ORS 330.101 and prior to the date when the boundary
change or merger takes effect, the district school board of the most populous
district, as defined in ORS 330.005, or the district school board of a district
to which territory has been annexed may take such action as is essential in
order that the district may carry out its required functions when the boundary
change takes effect, including the preparation and adoption of a budget for the
district and the reference of questions relating to the budget to the electors
of the district. Expenditures of the board under this section shall be charged
to each affected school district in the manner provided in ORS 330.123. [1967
s.s. c.8 §3; 1991 c.167 §12]
     330.107
Time for boundary board action; extension. The district boundary board shall complete all action on a request or
petition for boundary change or a merger required under ORS 330.101 within 100
days of the date of receipt of the request or petition if the boundary change
or merger requested or petitioned lies totally within the jurisdiction of that
board. If the boundary change or merger requested or petitioned requires
ratification of an adjacent boundary board as in ORS 330.095 (3), an additional
60 days may be utilized for action of the second boundary board. However, upon
request of the district boundary board and a showing of special circumstances
which require additional time, the State Board of Education may grant a
reasonable extension of time for completion of the required action. [1965 c.621
§2; 1979 c.256 §2; 1983 c.83 §49; 1989 c.819 §9]
     330.110 [Amended by 1957 c.310 §8; repealed by 1963
c.282 §16]
     330.113
Effect of change. (1) When
two or more school districts are merged as provided by law, the affected
districts shall be considered merged into the most populous district and:
     (a) Unless the district school boards or
the petitioners requesting the merger recommend that the enlarged school
district retain the same name and number which was previously assigned to the
most populous district included in the merger, the district boundary board
shall give the enlarged district the new name recommended under ORS 330.095,
and the county assessor shall assign a new number that has not previously been
used. However, if the boundaries of the enlarged school district are the same
as the boundaries of the county, the official name of the enlarged school
district shall be ______ (name of county)
     (b) The school districts included in the
merger shall become identified with the newly named district or the most
populous district.
     (c) The employees of the component
districts shall be considered to be employees of the enlarged district, which
shall succeed the other districts in such merger as a party to their respective
contracts of employment.
     (d) No school district employee shall be
deprived of seniority or accumulated sick leave solely because the duties of
the employee have been assumed or acquired by another school district as a
result of a merger or boundary change.
     (2) The board of directors of the most
populous district shall constitute the board of directors of the enlarged
district and the terms of all other directors of component districts shall
expire on the effective date of the merger except that the number of directors
may be increased to seven members and school committees may be authorized
pursuant to ORS 330.425.
     (3) All real and personal property
belonging to the districts within the enlarged district shall become the
property of the enlarged district.
     (4) When a petition or request for a
merger of school districts contains proposals for distribution of debt as
provided in ORS 330.095 and the district boundary board in the manner provided
in ORS 330.101 declares such merger effective, the district school board of the
enlarged district is authorized to levy taxes in conformity with such
proposals.
     (5) Notwithstanding ORS 328.555, school
districts requesting a boundary change in response to chapter 393, Oregon Laws
1991, shall, as part of the boundary change request under ORS 330.092, provide
for the distribution of existing debt, if any. [Formerly 330.300; 1973 c.522 §1;
1989 c.819 §10; 1991 c.167 §13; 1993 c.329 §3; 1999 c.21 §64]
     330.115 [Formerly 329.740; repealed by 1965 c.100 §456]
     330.120 [Repealed by 1963 c.282 §16]
     330.123
Division of assets and liabilities. (1) When changes in school district boundaries are made by the
detachment of territory or annexation of less than an entire school district to
another, the district school boards of the districts affected by each change
shall immediately after the change make an equitable division of the then
existing assets and liabilities between the districts affected by such change
and provide the manner of consummating the division.
     (2) In case of failure to agree within 20
days from the time the district boundary board issues its order, the matter
shall be decided by a board of arbitrators. The board of arbitrators shall
consist of one member appointed by each of the boards of the school districts
affected and an additional member appointed by the other appointees.
     (3) In the event any such district school
board fails to appoint an arbitrator within 30 days, the Superintendent of
Public Instruction shall appoint such arbitrator. In the event the arbitrators
selected fail to appoint the additional arbitrator within 30 days after the
appointment of the arbitrator last appointed, the Superintendent of Public
Instruction shall notify the judge of the circuit court senior in service of
the county in which the administrative office of the most populous school
district is located. Within 10 days after receiving such notice, the judge
shall appoint the additional arbitrator.
     (4) Each member of the board of
arbitrators shall be entitled to the sum of $20 per day for each dayÂ’s service,
and necessary traveling expenses, while sitting in the official capacity of the
member. Expenses thus incurred shall be equally apportioned among the districts
concerned.
     (5) A party to an arbitration under this
section may seek confirmation, vacation, modification or correction of the
arbitratorÂ’s decision as provided in ORS 36.700, 36.705 and 36.710. A court may
vacate an award only if there is a basis to vacate the award described in ORS
36.705 (1)(a) to (d). The court may modify or correct an award only for the
grounds given in ORS 36.710.
     (6) Assets include all school property and
moneys belonging to the district at the time of the division. Liabilities
include all debts for which the respective districts in their corporate
capacities are liable at the time of division. In determining the assets, school
property shall be estimated at its real market value. The assets and
liabilities shall be divided between the districts in proportion to the last
assessed value of the real and personal property. The district retaining the
real property shall pay the other districts concerned such sums as are
determined in accordance with the provisions of this section. All funds to be
apportioned during the current school year, after such division, shall be made
in proportion to the resident average daily membership of the districts
divided, as shown by the report of such districts for the period ending the
preceding June 30 as certified by the districts to the administrative office of
the county. [Formerly 330.050; 1971 c.294 §7; 1979 c.772 §20; 1991 c.167 §14;
2003 c.598 §39]
     330.125 [Formerly 329.750; repealed by 1965 c.100 §456]
     330.130 [Repealed by 1963 c.282 §16]
     330.133
Effect of boundary change on electors. During the period following an election or other action resulting in a
boundary change in a school district and prior to the date the change becomes
effective, the district or districts from which an area will be separated as a
result of the boundary change may hold elections for all legal purposes but the
electors registered in the area to be separated as a result of the boundary
change shall not be qualified to vote in any such election. The election on any
measure in such district or districts shall not affect or encumber the area to
be separated. [Formerly 331.060 and then 332.142]
     330.135 [Formerly 329.755; 1965 c.100 §79; repealed
by 1989 c.819 §13]
     330.140 [Repealed by 1963 c.282 §16]
     330.145 [Formerly 329.760; repealed by 1965 c.100 §456]
     330.150 [Repealed by 1963 c.282 §16]
     330.155 [Repealed by 1965 c.100 §456]
     330.170 [Repealed by 1965 c.100 §456]
     330.190 [Amended by 1955 c.386 §2; repealed by 1963
c.282 §16]
     330.200 [Repealed by 1955 c.386 §8]
     330.210 [Repealed by 1965 c.100 §456]
     330.220 [Repealed by 1965 c.100 §456]
     330.230 [Amended by 1957 c.626 §6; 1961 c.148 §1;
subsection (2) of 1963 Replacement Part enacted as 1961 c.148 §3; subsection
(3) of 1963 Replacement Part enacted as 1961 c.148 §4; 1963 c.544 §25; repealed
by 1965 c.100 §456]
     330.240 [Amended by 1957 s.s. c.12 §1; repealed by
1965 c.100 §456]
     330.250 [Repealed by 1965 c.100 §456]
     330.260 [Repealed by 1965 c.100 §456]
     330.270 [Repealed by 1965 c.100 §456]
     330.280 [Repealed by 1965 c.100 §456]
     330.290 [Repealed by 1965 c.100 §456]
     330.300 [1957 c.89 §1; amended by 1965 c.100 §77;
1965 c.275 §3; renumbered 330.113]
     330.310 [Formerly 333.124; 1991 c.167 §15; repealed
by 2003 c.226 §23]
NOTICE
     330.400
Notice by publication requirements. Whenever notice by publication of any hearing is expressly required by
reference to this section, it shall be given in a newspaper published in the
county and of general circulation in the county or district in which the
hearing is to be held. The notice shall be published in at least two issues of
the newspaper. The first publication shall be not sooner than the 25th day or
later than the 15th day preceding the hearing and the last publication shall be
not sooner than the 14th day or later than the eighth day preceding the
hearing. [Formerly 330.635]
LOCAL SCHOOL
COMMITTEES
     330.425
Local school committee; members; election. (1) Each local school committee provided for in the reorganization
plan under ORS 330.530 (1989 Edition) shall consist of three members elected by
the electors of the school district pursuant to ORS chapter 255. At the first
regular district election following the merger of the school district, there
shall be elected three members of each local school committee. Each person
elected shall serve a term of two years. Members of the local school committee
may be nominated and elected from the attendance area determined by the
district school board or may be nominated from such areas but elected from the
district or may be nominated and elected from the district, the manner to be
determined by the district school board.
     (2) A person shall be nominated as a
candidate for member of a local school committee by filing a petition for
nomination or a declaration of candidacy under ORS 255.235. If a candidate is
nominated by petition and members are nominated from attendance areas, the
petition must be signed by at least 10 electors residing in the attendance area
from which the candidate seeks nomination.
     (3) Each office of local school committee
member shall be designated by number as Position No. 1, Position No. 2 or
Position No. 3 and so forth. The school district shall assign a position number
to each office on the local school committee and shall certify to the filing
officer the name of the committee member in office holding that position. A
copy of the certification shall be filed in the office of the filing officer.
As used in this section, “filing officer” means the:
     (a) County clerk or county official in
charge of elections of the county in which the administrative office of the
district is located regarding a district located in more than one county; or
     (b) County clerk or county official in
charge of elections in a district situated wholly within the county. [Formerly
330.665; 1995 c.258 §2; 1995 c.607 §72; 2005 c.209 §18]
     330.430
Functions of local school committee. (1) Notwithstanding ORS 332.172, under rules of the district school
board, the local school committee shall determine the use of the school
property for civic purposes not inconsistent with its primary use. The local
school committee also shall visit the school at frequent intervals, report to
and advise the district school board concerning the progress and needs of the
school and the wishes of the people concerning the school and recommend
improvements in the school property.
     (2) By unanimous vote and not later than
March 1 of each year, the local school committee may recommend rejection for
the ensuing year of any teacher assigned to the school by the district school
board. The recommendation shall be delivered to the clerk of the district in
writing and shall specify the reason for the recommendation. The board shall
review the recommendation submitted by the local school committee and make
final determination.
     (3) The district school board may submit
the question of establishing additional local school committees or abolishing
existing local school committees to the electors at any regular district
election. The district school board shall submit either question at an election
when a petition filed as provided in this subsection requests an election. The
requirements for preparing, circulating and filing a petition shall be as
provided for an initiative petition in ORS 255.135 to 255.205. The election
when a petition is filed must not be later than the next regular district
election.
     (4) This section applies in school
districts formed under ORS 330.505 to 330.780 (1989 Edition), in school
districts resulting from mergers and in unified school districts formed under
ORS 330.092. [Formerly 330.667]
     330.435
Filling vacancies on committee.
(1) A vacancy in an elected office in the membership of a local school
committee shall be filled by appointment by a majority of the remaining members
of the local school committee. If a majority of the membership of the local
school committee is vacant or if a majority cannot agree, a vacancy on the local
school committee shall be filled by the district school board.
     (2) The period of service of an appointee
shall expire June 30 next following the next regular district election at which
a successor is elected. The successor shall be elected to serve the remainder,
if any, of the term for which the appointment was made. If the term for which
the appointment was made expires June 30 after the election of the successor,
the successor shall be elected to a full term. In either case the successor
shall take office July 1 next following the election. [Formerly 330.765]
     330.505 [1957 c.619 §1; 1963 c.282 §3; 1963 c.544 §26;
1965 c.100 §80; repealed by 1991 c.167 §28]
     330.510 [1957 c.619 §2; 1961 c.625 §4; repealed by
1963 c.282 §16]
     330.515 [1957 c.619 §4; repealed by 1963 c.282 §16]
     330.520 [1957 c.619 §5; repealed by 1963 c.282 §16
and 1963 c.544 §52]
     330.523 [1957 c.619 §8; repealed by 1965 c.100 §456]
     330.526 [1957 c.619 §27; repealed by 1965 c.100 §456]
     330.528 [1957 c.619 §26; repealed by 1965 c.100 §456]
     330.530 [1957 c.619 §7; 1959 c.423 §1; 1961 c.317 §1;
1963 c.282 §4; 1965 c.100 §81; 1965 c.261 §1; 1973 c.448 §1; 1983 c.83 §50;
1983 c.284 §4; 1983 c.350 §140a; 1985 c.201 §1; 1989 c.491 §15; repealed by
1991 c.167 §28]
     330.533 [1959 c.423 §3; 1961 c.285 §1; 1965 c.100 §96;
renumbered 330.665]
     330.535 [1957 c.619 §9; 1965 c.100 §82; repealed by
1991 c.167 §28]
     330.540 [1957 c.619 §10; 1983 c.812 §3; repealed by
1991 c.167 §28]
     330.543 [1983 c.812 §2; 1985 c.364 §4; 1989 c.491 §16;
1989 c.819 §11; repealed by 1991 c.167 §28]
     330.545 [1957 c.619 §11; repealed by 1965 c.100 §456]
     330.547 [1965 c.621 §4; 1989 c.491 §17; repealed by
1991 c.167 §28]
     330.550 [1957 c.619 §12; 1963 c.282 §5; repealed by
1991 c.167 §28]
     330.552 [1959 c.423 §4; 1965 c.100 §83; repealed by
1991 c.167 §28]
     330.555 [1957 c.619 §13; 1963 c.282 §6; repealed by
1991 c.167 §28]
     330.557 [1963 c.282 §12; 1979 c.772 §21; 1989 c.491 §18;
repealed by 1991 c.167 §28]
     330.560 [1957 c.619 §14; 1963 c.282 §7; 1989 c.491 §19;
repealed by 1991 c.167 §28]
     330.565 [1957 c.619 §15; 1963 c.282 §8; 1983 c.812 §4;
repealed by 1991 c.167 §28]
     330.570 [1957 c.619 §16; 1963 c.282 §9; 1983 c.812 §5;
repealed by 1991 c.167 §28]
     330.575 [1957 c.619 §17; 1965 c.100 §84; repealed by
1983 c.812 §6]
     330.580 [1957 c.619 §18; 1961 c.414 §7; repealed by
1963 c.282 §16]
     330.585 [1957 c.619 §19; 1965 c.100 §85; 1965 c.261 §2;
1973 c.796 §27; 1983 c.83 §52; 1983 c.350 §141; 1983 c.812 §7a; 1985 c.364 §3;
repealed by 1991 c.167 §28]
     330.587 [1961 c.435 §2; repealed by 1983 c.350 §331a]
     330.590 [1957 c.619 §20; 1965 c.100 §86; 1965 c.261 §3;
1973 c.796 §28; repealed by 1991 c.167 §28]
     330.595 [1957 c.619 §21; 1965 c.100 §87; 1965 c.261 §4;
repealed by 1973 c.796 §79]
     330.598 [1961 c.414 §1; 1965 c.100 §88; 1965 c.261 §5;
repealed by 1991 c.167 §28]
     330.600 [1957 c.619 §22; 1959 c.423 §5; repealed by
1961 c.414 §9]
     330.601 [1961 c.414 §2; 1965 c.100 §89; 1965 c.261 §6;
1983 c.83 §53; 1983 c.812 §8; repealed by 1991 c.167 §28]
     330.603 [1961 c.414 §3; 1965 c.100 §90; 1965 c.261 §7;
1983 c.83 §54; 1983 c.350 §144; repealed by 1991 c.167 §28]
     330.605 [1961 c.414 §4; 1965 c.100 §91; 1965 c.261 §8;
1983 c.83 §55; 1983 c.350 §145; repealed by 1991 c.167 §28]
     330.607 [1961 c.414 §5; repealed by 1991 c.167 §28]
     330.609 [1961 c.414 §6; 1965 c.100 §91a; 1967 s.s.
c.8 §5; 1983 c.812 §9; repealed by 1991 c.167 §28]
     330.610 [1957 c.619 §23; 1961 c.414 §8; 1965 c.100 §92;
1965 c.261 §9; 1983 c.350 §146; 1985 c.565 §58; repealed by 1991 c.167 §28]
     330.620 [1957 c.619 §24; repealed by 1963 c.282 §16]
     330.625 [1957 c.619 §25; repealed by 1965 c.100 §456]
     330.630 [1957 c.619 §2; 1961 c.625 §2; subsections
(4) and (5) of 1961 Replacement Part enacted as 1961 c.625 §3; subsections (6)
and (7) of 1961 Replacement Part formerly part of 327.069; repealed by 1963
c.282 §16]
     330.632 [1959 c.423 §15; repealed by 1963 c.282 §16]
     330.635 [1957 c.619 §41; 1965 c.100 §93; 1983 c.284 §9;
1983 c.350 §147; 1991 c.167 §16; renumbered 330.400 in 1991]
     330.640 [1957 c.619 §41a; 1965 c.100 §94; repealed
by 1983 c.350 §331a]
     330.645 [1957 c.619 §42; repealed by 1963 c.282 §16]
     330.650 [1957 c.619 §29; repealed by 1965 c.100 §456]
     330.660 [1957 c.619 §30; 1959 c.423 §6; 1961 c.602 §17;
1965 c.100 §95; 1973 c.522 §2; repealed by 1991 c.167 §28]
     330.665 [Formerly 330.533; 1967 c.315 §1; 1973 c.448
§2; 1977 c.57 §1; 1983 c.350 §148; 1987 c.7 §1; 1991 c.167 §17; renumbered
330.425 in 1991]
     330.667 [1983 c.350 §150; 1991 c.167 §18; renumbered
330.430 in 1991]
     330.670 [1957 c.619 §36; 1959 c.423 §7; repealed by
1991 c.167 §28]
     330.680 [1957 c.619 §31; 1959 c.423 §8; 1965 c.100 §97;
repealed by 1991 c.167 §28]
     330.690 [1957 c.619 §32; 1959 c.423 §9; 1965 c.100 §98;
1971 c.47 §6; 1983 c.284 §5; 1983 c.350 §153a; repealed by 1991 c.167 §28]
     330.700 [1957 c.619 §33; 1959 c.423 §10; 1965 c.100 §99;
1973 c.796 §29; 1974 s.s. c.45 §4; 1975 c.770 §10; 1983 c.350 §154; repealed by
1991 c.167 §28]
     330.710 [1957 c.619 §34; repealed by 1991 c.167 §28]
     330.720 [1957 c.619 §35; 1965 c.100 §100; repealed
by 1991 c.167 §28]
     330.730 [1957 c.619 §37(1), (3); 1965 c.100 §101;
1967 c.605 §2; repealed by 1991 c.167 §28]
     330.740 [1957 c.619 §37a; 1965 c.100 §102; 1967
c.605 §3; 1971 c.47 §7; 1983 c.350 §155; repealed by 1991 c.167 §28]
     330.750 [1957 c.619 §37(2); 1967 c.605 §4; 1983
c.350 §156; repealed by 1991 c.167 §28]
     330.760 [1957 c.619 §38; 1959 c.423 §11; 1961 c.229 §1;
1965 c.100 §103; 1971 c.47 §8; 1983 c.83 §58; 1983 c.350 §157; repealed by 1991
c.167 §28]
     330.765 [1983 c.350 §143; 1991 c.167 §19; renumbered
330.435 in 1991]
     330.770 [1957 c.619 §40; 1959 c.423 §12; repealed by
1965 c.100 §456]
     330.772 [1983 c.350 §152; 1987 c.7 §2; repealed by
1991 c.167 §28]
     330.775 [1959 c.423 §14; repealed by 1991 c.167 §28]
     330.780 [1957 c.619 §39; 1965 c.100 §104; repealed
by 1991 c.167 §28]
     330.790 [1963 c.262 §§1, 2, 3; 1973 c.827 §27;
repealed by 1991 c.167 §28]
     330.800 [1965 c.101 §1; 1983 c.83 §59; 1983 c.350 §158;
repealed by 1991 c.167 §28]
     330.990 [Subsection (2) of 1963 part formerly
329.990; repealed by 1965 c.100 §456]
_______________
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