2007 Oregon Code - Chapter 334 :: Chapter 334 - Education Service Districts
Chapter 334 —
Education Service Districts
2007 EDITION
EDUCATION SERVICE DISTRICTS
EDUCATION AND CULTURE
GENERAL PROVISIONS
334.003Â Â Â Â Definitions
334.005Â Â Â Â
334.010Â Â Â Â Education
service districts
334.020Â Â Â Â Composition
of education service districts
334.022Â Â Â Â No
distinction in state funding between multicounty and single county districts
EDUCATION SERVICE DISTRICT BOARD
334.025Â Â Â Â Number
of board members; election; local advisory committees
334.032Â Â Â Â Zones;
representation of counties within district
334.035Â Â Â Â Nomination
of candidates
334.045Â Â Â Â Election
procedure
334.090Â Â Â Â Term;
eligibility; election of successors; vacancies
334.095Â Â Â Â Declaration
of vacancy in office of director; removal; recall
334.100Â Â Â Â Organization
of board; meetings; quorum; compensation
(Temporary provisions relating to pilot education service districts are
compiled as notes following ORS 334.100)
POWERS AND DUTIES
334.125Â Â Â Â Status
of board; powers and duties; rules
334.127Â Â Â Â Title
of real property when district ceases
334.145Â Â Â Â Office
space provided by county; rent; additional space; purchase of required space;
providing space
334.175Â Â Â Â Core
services; local service plan
334.177Â Â Â Â Expenditure
of percentage of amounts received on services
334.185Â Â Â Â Entrepreneurial
services and facilities
334.215Â Â Â Â Gifts
334.217Â Â Â Â Standards
of adequacy of services and facilities; plans for nonstandard districts; effect
of failure to comply; sanctions; rules
SUPERINTENDENT
334.225Â Â Â Â Superintendent;
duties; compensation
BUDGET AND TAX LEVIES
334.240Â Â Â Â District
budget; budget committee
334.285Â Â Â Â Apportionment
of taxes; split between elementary and secondary school purposes
334.293Â Â Â Â Direct
ad valorem tax required to pay bonds
334.370Â Â Â Â Emergency
aid fund
BOUNDARY CHANGES
334.690Â Â Â Â State
board as boundary board; criteria for reorganization; filing boundary change
MERGER
334.710Â Â Â Â Petition;
review by state board; notice; hearing
334.720Â Â Â Â State
board order; effective date
334.730Â Â Â Â Joint
meeting; zoning; election of new directors
334.740Â Â Â Â Nomination
334.750Â Â Â Â Term
of office
334.760Â Â Â Â Power
of new board prior to existence of new district
334.770Â Â Â Â Power
of new board generally
GENERAL PROVISIONS
     334.003
Definitions. For purposes of
this chapter:
     (1) “Component school district” means a
common school district or a union high school district located within the
territory of an education service district.
     (2) “Education service district” means a
district created under ORS 334.010 that provides regional educational services
to component school districts.
     (3) “Joint school district” means a common
school district or a union high school district located within the territory of
more than one education service district. [1995 c.611 §20; 2001 c.518 §1]
     334.005
     (2) An education service district plays a
key role in:
     (a) Ensuring an equitable and excellent
education for all children in the state;
     (b) Implementing the
     (c) Fostering the attainment of high
standards of performance by all students in
     (d) Facilitating interorganizational
coordination and cooperation among educational, social service, health care and
employment training agencies.
     (3) An education service district’s role
is one of leadership and service. Education service districts shall maintain
the distinction between their role as service organizations and the regulatory
role of the Department of Education and other state agencies.
     (4) To ensure that an education service
district is locally responsive, an education service district shall provide:
     (a) Opportunities for component school
districts to participate in decisions about the services that are offered by
the education service district; and
     (b) A variety of flexible service delivery
models.
     (5) An education service district shall
remain accountable to:
     (a) The public at large;
     (b) The component school districts; and
     (c) The State Board of Education. [1963
c.544 §1; 1975 c.477 §1; 1983 c.610 §2; 1993 c.784 §1; 2001 c.518 §2]
     334.010
Education service districts.
There is created in each region a district to be known as the education service
district to consist of the counties and the area of the common school districts
as listed in ORS 334.020, with a governing body thereof to be known as the
education service district board. [Amended by 1961 c.153 §1; subsections (3)
and (4) enacted as 1961 c.153 §2; 1963 c.544 §29; 1965 c.100 §170; 1977 c.481 §1;
1993 c.784 §2]
     334.020
Composition of education service districts. (1) On and after the effective date of the order entered under section
25, chapter 784, Oregon Laws 1993, except as the boundaries of an education
service district may be changed by merger under ORS 334.710 to 334.770 or other
provision of law, the education service districts are as follows:
     (a) Region 1. Clatsop,
     (b) Region 2.
     (c) Region 3.
     (d) Region 4.
     (e) Region 5.
     (f) Region 6.
     (g) Region 7. Coos and Curry Counties and
the area lying within the
     (h) Region 8.
     (i) Region 9.
     (j) Region 10. Crook and
     (k) Region 11.
     (L) Region 12. Umatilla and
     (m) Region 13. Union and
     (n) Region 14.
     (o) Region 15.
     (p) Region 16.
     (q) Region 17.
     (r) Region 18.
     (s) Region 19.
     (t) Region 20.
     (u) Region 21.
     (2) Where a boundary change or formation
of a component school district results in a joint school district, the joint
school district shall be included in the education service district in which
the joint district’s administrative office is located. [Amended by 1957 c.678 §2;
1963 c.544 §30; 1965 c.100 §171; 1975 c.770 §39; 1993 c.784 §3; 1995 c.611 §6]
     334.022
No distinction in state funding between multicounty and single county
districts. In adopting any
rule relating to the distribution of state funds to education service
districts, the State Board of Education shall not make any distinction based on
the administrative structure of multicounty education service districts and the
administrative structure of single county education service districts. [1993
c.784 §38]
     Note: 334.022 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 334 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
EDUCATION SERVICE
DISTRICT BOARD
     334.025
Number of board members; election; local advisory committees. (1) The board of directors of an education
service district shall consist of seven, nine or 11 members.
     (2) In education service districts, not
fewer than five of the directors shall be elected, one from each of the zones
established under ORS 334.032. At the discretion of the board of directors, one
or two board members may be elected from the district at large.
     (3) On the petition of two component
school districts, the board shall establish local advisory committees to
represent the interests of areas within the petitioning districts. The local
advisory committees shall advise the board on matters of concern within the
advisory committeeÂ’s area. Local advisory committees shall represent two or
more component school districts.
     (4) The board of directors may by
resolution increase or decrease the number of members of the board. The boardÂ’s
resolution shall be entered with sufficient time for the board to give the
required information to the elections officer under ORS 255.069, and the boardÂ’s
resolution shall have no effect on the terms of any current board members. [1957
c.678 §4; 1961 c.323 §1; 1965 c.100 §172; 1981 c.131 §1; 1993 c.784 §4; 1995
c.611 §7; 2001 c.518 §3]
     334.030 [Repealed by 1957 c.678 §1]
     334.032
Zones; representation of counties within district. (1) The board of directors of an education
service district shall divide the education service district into not more than
11 zones as nearly equal in census population as may be practicable, measured
along common school district boundary lines except that zones may be
established using voting precinct boundaries in order to achieve greater
equality of population. If possible, the board shall establish the zones so
that each county within the education service district, the majority of the
land area of which lies within the boundaries of the education service
district, has at least one member on the board.
     (2) Each county within the education
service district, the majority of the land area of which lies within the
boundaries of the education service district, shall have at least one member on
the board or shall have at least one member on the budget committee of the
education service district.
     (3) The board may readjust the boundaries
of the zones once each year and shall readjust the boundaries of the zones
immediately upon any change of the boundaries of the education service
district. [1965 c.100 §173; 1975 c.206 §1; 1981 c.131 §2; 1993 c.784 §6; 1995
c.611 §8; 2001 c.518 §4]
     334.035
Nomination of candidates.
(1) In education service districts having a population of less than 550,000
according to the latest federal census, a candidate for the district board
shall be nominated in accordance with ORS 255.235 except as provided in this
section. When a candidate is nominated from a zone by a nominating petition,
the nominating petition must be signed by electors registered in the zone in
which the candidate is a resident and who are qualified to vote in their
respective component school districts. When a candidate is nominated at large
by a nominating petition, the nominating petition must be signed by electors of
the district. A candidate for education service district board member must be
qualified to vote in the election in which the individual is a candidate.
     (2) In education service districts having
a population of 550,000 or more according to the latest federal census, the
name of any qualified person nominated as provided by ORS 255.235 shall be placed
on the ballot as a candidate for the office of director of the education
service district. [1957 c.678 §5; 1963 c.544 §32; 1965 c.100 §174; 1973 c.796 §47;
1974 c.45 §5; 1981 c.131 §3; 1983 c.83 §66; 1983 c.350 §180; 1993 c.784 §7;
1995 c.611 §9]
     334.040 [Amended by 1957 c.310 §15; repealed by 1957
c.678 §1]
     334.045
Election procedure. (1) In
education service districts, members of the board shall be elected at the time
of the regular district election described in ORS 255.335 for the term commencing
July 1 as provided in ORS 334.090. For this purpose, a district election shall
be held in such districts in those zones from which a member or members of the
board are to be elected, and in the district as a whole if a member or members
at large are to be elected. The registrar of elections of the county in which
such district is located shall be the elections officer for such elections.
     (2) The education service district shall
pay the actual cost of printing ballots and tally sheets for each election under
this section, and the cost of checking signatures on certificates of
nomination, together with such proportionate part of the general expenses of
such election as provided in ORS 255.305.
     (3) All elections of members of the board
shall be held as provided in ORS chapter 255. [1957 c.678 §8; 1963 c.544 §33;
1965 c.100 §175; 1973 c.796 §48; 1975 c.647 §29b; 1977 c.149 §3; 1981 c.131 §4;
1983 c.350 §181; 1993 c.784 §8; 1995 c.258 §5; 1995 c.611 §10a]
     334.050 [Repealed by 1957 c.678 §1]
     334.060 [Amended by 1957 c.622 §8; repealed by 1957
c.678 §1]
     334.070 [Amended by 1957 c.678 §6; repealed by 1965
c.100 §456]
     334.080 [Repealed by 1957 c.678 §1]
     334.090
Term; eligibility; election of successors; vacancies. (1) The term of office of director of an
education service district shall be four years.
     (2) The term of office of each director of
an education service district shall begin on July 1 next following the date of
election. A director shall serve until June 30 next following the election of a
successor.
     (3) A director of an education service
district must qualify by taking an oath of office before assuming the duties of
office.
     (4) A newly appointed director of an
education service district shall take office at the meeting of the education
service district board next following the appointment.
     (5) A person is not eligible to serve as a
director of an education service district unless the person is an elector of
the district and has resided therein for a period of one year immediately
preceding the election or appointment.
     (6) No employee of an education service
district is eligible to serve as a director of the education service district
by which the employee is employed.
     (7) A regular district election shall be
held in a district to fill any vacancy and to elect a successor for any
director whose term expires June 30 next following the election. A successor
shall be elected as follows:
     (a) If the director was elected from a
zone established under ORS 334.032, a successor from the same zone shall be
elected by the electors of the zone.
     (b) If the director was elected at large a
successor shall be elected at large by the electors of the district.
     (8) Notwithstanding subsection (7) of this
section, in any district having a population of 550,000 or more according to
the latest federal census that becomes zoned according to ORS 334.032, the
board shall determine prior to the nomination of school directors which
positions shall be from zones and which positions shall be at large.
     (9) Any vacancy on the board from any zone
shall be filled by the remaining directors from among the qualified persons in
that zone. Any such vacancy from the district at large shall be filled by the
remaining directors from among the qualified persons in the district. However,
if vacancies occur in a majority of the positions on the board, the State Board
of Education shall fill the vacancies from among the qualified persons of the
zones, if any, or from among other persons who are qualified to serve. The
period of service of an appointee under this subsection expires 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. [Amended by 1957 c.678 §9; 1965 c.100 §176; 1971
c.47 §4; 1973 c.796 §49; 1975 c.770 §40; 1981 c.131 §5; 1983 c.350 §182; 1983
c.379 §8; 1993 c.784 §9; 1995 c.611 §11]
     334.095
Declaration of vacancy in office of director; removal; recall. (1) The education service district board
shall declare the office of director vacant upon the happening of any of the
following:
     (a) When an incumbent dies or resigns;
     (b) When an incumbent is removed from
office or the election thereto has been declared void by the judgment of any
court;
     (c) When an incumbent ceases to be a
resident of the education service district;
     (d) Subject to the provision of subsection
(2) of this section, when an incumbent ceases to be a resident of the zone from
which nominated;
     (e) When an incumbent ceases to discharge
the duties of office for two consecutive months unless prevented therefrom by
sickness or other unavoidable cause; or
     (f) When an incumbent is recalled.
     (2) A director nominated from a zone who
changes permanent residence from one zone to another zone in which another
director resides shall continue to serve as director until the next regular
election when a successor shall be elected to serve for the remainder of the
unexpired term.
     (3) A director guilty of misfeasance or
malfeasance in office, by the appropriate proceeding, may be removed from
office by a court of competent jurisdiction.
     (4) Members may be recalled in the manner
provided in ORS 249.865 to 249.877. If the member was elected by a zone, the
recall petition shall be signed by electors from that zone and electors from
the zone are the only electors eligible to vote in the recall election. If the
member was elected at large, the recall petition shall be signed by electors
from the district and electors from the district are eligible to vote in the
recall election. [1981 c.131 §§7,8; 1993 c.784 §10; 2003 c.576 §435]
     334.100
Organization of board; meetings; quorum; compensation. (1) Each education service district board
shall meet during July and organize by electing one of its members chairperson
and one vice chairperson, each of whom shall serve until a successor is elected
and qualified. No member shall serve as chairperson for more than two years in
succession.
     (2) Regular meetings of an education
service district board shall be held on meeting dates determined by the board.
Special meetings may be held on dates to be determined by the board.
     (3) Members of the education service
district board shall receive no compensation for their services, but shall be
reimbursed for all traveling and other expenses necessarily incurred in
performing their duties as members of the board.
     (4) A majority of the members of the
education service district board shall constitute a quorum. A lesser number may
meet and adjourn from time to time and compel the presence of absent members.
The affirmative vote of a majority of members of the board is required to
transact any business.
     (5) Any duty imposed upon the education
service district board as a body must be performed at a regular or special
meeting and must be made a matter of record. The consent to any particular
measure obtained of individual members when the board is not in session is not
an act of the board and is not binding upon the district. [Amended by 1963
c.544 §34; 1965 c.100 §177; 1975 c.477 §8; 1975 c.647 §29c; 1975 c.770 §41a;
1981 c.131 §5]
(Temporary
provisions relating to pilot education service districts)
     Note: Sections 10 to 15, chapter 828, Oregon Laws
2005, provide:
     Sec.
10. Definitions. As used in
sections 11 to 14 of this 2005 Act, “pilot education service district” means:
     (1) The Willamette Education Service
District;
     (2) The High Desert Education Service
District; and
     (3) The Northwest Regional Education
Service District. [2005 c.828 §10]
     Note: The amendments to section 10, chapter 828,
Oregon Laws 2005, by section 1, chapter 589,
     Sec.
10. As used in sections 11
to 14, chapter 828, Oregon Laws 2005, “pilot education service district” means
the Northwest Regional Education Service District.
     Sec.
11. Board of directors; appointment; election; zones; vacancies. (1) Notwithstanding ORS chapter 334, the
board of directors of a pilot education service district shall consist of nine
members as follows:
     (a) Five directors shall represent zones
established under ORS 334.032 and shall be elected by the boards of the
component school districts;
     (b) Four directors shall be appointed by
the directors described in paragraph (a) of this subsection, including one
at-large director and a director representing each of the following:
     (A) Public post-secondary institutions
located within the pilot education service district;
     (B) Social service providers; and
     (C) The business community.
     (2) Prior to April 1, 2006, the board of
directors of a pilot education service district shall divide the pilot
education service district into five zones as nearly equal in census population
as may be practicable, measured along common school district boundary lines.
     (3) The board of directors of a pilot
education service district may readjust the boundaries of the zones once each
year and shall readjust the boundaries of the zones immediately upon any change
of the boundaries of the pilot education service district or a component school
district.
     (4)(a) Prior to the end of the term of
office of any elected director of the Northwest Regional Education Service
District, the boards of the component school districts within the zone the
director represented shall elect a successor whose term begins on July 1 next
following. Each component school district board shall have one vote. A director
is eligible for reelection.
     (b) Prior to the end of the term of office
of any appointed director of the Northwest Regional Education Service District,
the directors described in subsection (1)(a) of this section shall appoint a
successor whose term begins on July 1 next following. A director who was
appointed under subsection (1)(b) of this section is eligible for
reappointment.
     (5) Any vacancy on the board of directors
of a pilot education service district that occurs before the end of the term of
office of a director of a pilot education service district shall be filled
following the process described in this section. [2005 c.828 §11; 2007 c.589 §3]
     Sec.
12. Declaration of vacancy in office of director. (1) ORS 334.095 does not apply to a pilot
education service district. However, the board of directors of a pilot
education service district shall declare the office of director vacant upon the
occurrence of any of the following:
     (a) When an incumbent dies or resigns;
     (b) When an incumbent is removed from
office or the election or appointment thereto has been declared void by the
judgment of any court;
     (c) When an incumbent ceases to be a
resident of the pilot education service district;
     (d) When an incumbent ceases to be a
resident of the zone from which elected; or
     (e) When an incumbent ceases to discharge
the duties of office for two consecutive months unless prevented therefrom by
sickness or other unavoidable cause.
     (2) A director guilty of misfeasance or
malfeasance in office, by the appropriate proceeding, may be removed from
office by a court of competent jurisdiction. [2005 c.828 §12]
     Sec.
13. Legislative report. Each
pilot education service district shall biennially report to the interim
legislative committees relating to education on the governance structure of the
board of the pilot education service district prior to October 1 of each
even-numbered year. [2005 c.828 §13; 2007 c.589 §4]
     Sec.
14. Zones; special election.
(1)(a) Prior to February 1, 2010, the board of directors of the Willamette
Education Service District and the High Desert Education Service District shall
divide each education service district into as many zones as the board
considers necessary, but not fewer than seven or more than 11.
     (b) Prior to February 1, 2012, the board
of directors of the Northwest Regional Education Service District shall divide
the education service district into as many zones as the board considers
necessary, but not fewer than seven or more than 11.
     (c) The zones shall be as nearly equal in
census population as may be practicable. If possible, the board shall establish
the zones so that each county within the education service district, the
majority of the land area of which lies within the boundaries of the education
service district, has at least one member on the board.
     (2) Within 90 days after the zones
required in subsection (1) of this section are established, the board shall
call a special election in the education service district for the purpose of
electing directors, one of whom shall be elected by the electors of each zone
established under subsection (1) of this section.
     (3) ORS 334.750 applies to a board of
directors elected under this section.
     (4) The term of office of a director who
serves on the board of directors for the Willamette Education Service District
or the High Desert Education Service District who was elected or appointed
under section 11, chapter 828, Oregon Laws 2005, terminates on June 30, 2010.
     (5)(a) The initial terms of office of two
of the directors who serve on the board of directors of the Northwest Regional
Education Service District who were elected under section 11, chapter 828,
Oregon Laws 2005, terminate on June 30, 2008.
     (b) The initial terms of office of three
of the directors who serve on the board of directors of the Northwest Regional
Education Service District who were elected under section 11, chapter 828,
Oregon Laws 2005, terminate on June 30, 2010.
     (c) The initial terms of office of two of
the directors who serve on the board of directors of the Northwest Regional
Education Service District who were appointed under section 11, chapter 828,
Oregon Laws 2005, terminate on June 30, 2008.
     (d) The initial terms of office of two of
the directors who serve on the board of directors of the Northwest Regional
Education Service District who were appointed under section 11, chapter 828,
Oregon Laws 2005, terminate on June 30, 2010.
     (e) The board of directors of the
Northwest Regional Education Service District shall determine by lot the length
of office for each director.
     (6) The term of office of a director who
serves on the board of directors for the Northwest Regional Education Service
District who was elected or appointed under section 11, chapter 828, Oregon
Laws 2005, for a term beginning on or after July 1, 2008, terminates on June 30,
2012. [2005 c.828 §14; 2007 c.589 §5]
     Sec.
15. (1) Sections 11 to 14,
chapter 828, Oregon Laws 2005, are repealed on June 30, 2012.
     (2) The amendments to ORS 260.432 by
section 8 of this 2007 Act become operative on June 30, 2012. [2005 c.828 §15;
2007 c.589 §6]
     334.110 [Repealed by 1965 c.100 §456]
     334.120 [Amended by 1957 c.678 §10; 1963 c.544 §35;
1965 c.100 §183; renumbered 334.225]
POWERS AND
DUTIES
     334.125
Status of board; powers and duties; rules. (1) The education service district is a body corporate.
     (2) The education service district board
is authorized to transact all business coming within the jurisdiction of the
education service district and may sue and be sued.
     (3) The education service district board
shall perform all duties required by law, including but not limited to:
     (a) Distribution of such school funds as
it is empowered to apportion;
     (b) Conduct of audits;
     (c) Duties as district boundary board;
     (d) Budget and tax levying duties,
including the levying of taxes under ORS 280.060;
     (e) Contracting a bonded indebtedness and
levying direct ad valorem taxes on all taxable property within the education
service district in the manner that component school districts are authorized
to issue bonds and levy taxes under ORS 328.205 to 328.304 and other laws
applicable to the issuance of bonds and levying of taxes by school districts;
and
     (f) Creating a county education bond
district under ORS 328.304 from a county within the district.
     (4) In addition to its duties under
subsection (3) of this section, an education service district board may provide
services required by the local service plan developed pursuant to ORS 334.175
and may provide funds to component school districts to provide services
required by the local plan in lieu of those school districts receiving services
from the education service district.
     (5) The education service district board
may employ and fix the compensation of such personnel as it considers necessary
for carrying out duties of the board.
     (6) In carrying out its duties, the
education service district board:
     (a) May locate, buy, accept by gift or
lease such land, buildings and facilities as may be required for district
purposes. Leases authorized by this section may be for a term of up to 30 years
and include lease-purchase agreements whereunder the district may acquire
ownership of the leased property.
     (b) May acquire personal property by a
lease-purchase agreement or contract of purchase for a term exceeding one year.
A lease-purchase agreement is one in which the rent payable by the district is
expressly agreed to have been established to reflect the savings resulting from
the exemption from taxation, and the district is entitled to ownership of the
property at a nominal or other price which is stated or determinable by the
terms of the agreement and was not intended to reflect the true value of the
property.
     (c) May lease property or sell and convey
property of the district as the board considers unnecessary to its purposes.
     (d) May purchase relocatable structures in
installment transactions in which deferred installments of the purchase price
are payable over not more than 10 years from the date of delivery of the
property to the district and are secured by a security interest in the
property. The transactions may take the form of, but are not limited to,
lease-purchase agreements.
     (e) May accept money or property donated
for the use or benefit of the district and use the money or property for the
purpose for which it was donated.
     (7) The education service district board
may adopt rules it considers necessary to carry out the duties of the board.
     (8) The education service district may
contract with public and private entities for service delivery.
     (9)(a) The education service district
shall work cooperatively with component school districts and review
periodically with component school districts the operations of component school
districts and shall submit to the component school districts plans for
operations that achieve economies and efficiencies through consolidation of
various operations of all or some of the districts. The education service
district and its component school districts shall submit an annual report on
the effectiveness of the consolidation of operations to the State Board of
Education.
     (b) As used in this subsection, “operations”
means services involving transportation, payroll, student records, auditing,
legal services, insurance, printing, investment and other similar services. [1965
c.100 §179; 1975 c.477 §6; 1977 c.56 §1; 1981 c.406 §1; 1983 c.133 §1; 1983
c.187 §3; 1985 c.457 §1; 1993 c.784 §11; 1995 c.333 §11; 1995 c.611 §12; 1997
c.600 §4; 2001 c.518 §5; 2005 c.828 §4a]
     334.127
Title of real property when district ceases. Whenever an education service district ceases to exist, its real
property shall pass to the successor district, which is authorized to treat
such property in the same manner as its predecessor district did. [1975 c.477 §7]
     334.130 [Repealed by 1957 c.678 §1]
     334.135 [1963 c.544 §50k; 1965 c.100 §184; renumbered
334.235]
     334.140 [Repealed by 1957 c.678 §1]
     334.145
Office space provided by county; rent; additional space; purchase of required
space; providing space. (1)
At the discretion of the county court or board of county commissioners of any
county within the education service district, the county may provide space for
the board, superintendent and staff of the education service district and may
charge the district a reasonable sum as rent for this space.
     (2) The board of an education service
district may rent such space as may be required when the space offered by the
county, if any, is considered to be inadequate. Subject to ORS 334.125 and the
funding allocation of the education service district, the board may purchase
such required space.
     (3) The education service district may
provide space for the offices of other education, employment training and human
service providers. [1967 c.379 §§2,3; 1975 c.477 §5; 1977 c.56 §2; 1993 c.784 §12;
2001 c.518 §6]
     334.150 [Repealed by 1957 c.678 §1]
     334.160 [Amended by 1963 c.544 §36; repealed by 1965
c.100 §456]
     334.170 [Repealed by 1957 c.678 §1]
     334.175
Core services; local service plan. (1) An education service district shall provide regionalized core
services to component school districts. The goals of these services are to:
     (a) Assist component school districts in
meeting the requirements of state and federal law;
     (b) Improve student learning;
     (c) Enhance the quality of instruction
provided to students;
     (d) Provide professional development to component
school district employees;
     (e) Enable component school districts and
the students who attend schools in those districts to have equitable access to
resources; and
     (f) Maximize operational and fiscal
efficiencies for component school districts.
     (2) The services provided by an education
service district shall be provided according to a local service plan developed
by the education service district and component school districts. The education
service district and component school districts shall develop the local service
plan to meet the goals specified in subsection (1) of this section. The local
service plan must include services in at least the following areas:
     (a) Programs for children with special
needs, including but not limited to special education services, services for
at-risk students and professional development for employees who provide those
services.
     (b) Technology support for component
school districts and the individual technology plans of those districts,
including but not limited to technology infrastructure services, data services,
instructional technology services, distance learning and professional
development for employees who provide those services.
     (c) School improvement services for
component school districts, including but not limited to services designed to
support component school districts in meeting the requirements of state and
federal law, services designed to allow the education service district to
participate in and facilitate a review of the state and federal standards
related to the provision of a quality education by component school districts,
services designed to support and facilitate continuous school improvement
planning, services designed to address schoolwide behavior and climate issues
and professional technical education and professional development for employees
who provide those services.
     (d) Administrative and support services
for component school districts, including but not limited to services designed
to consolidate component school district business functions, liaison services
between the Department of Education and component school districts and
registration of children being taught by private teachers, parents or legal
guardians pursuant to ORS 339.035.
     (e) Other services that an education service
district is required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
     (3) In addition to the services specified
in subsection (2) of this section, a local service plan may include other services
that are designed to meet regional needs.
     (4) A local service plan shall also
contain annual performance measures for the education service district.
     (5) A local service plan must:
     (a) Be adopted by the board of the
education service district.
     (b) After being adopted by the board of
the education service district, be approved on or before March 1 by resolution
of two-thirds of the component school districts that are a part of the
education service district and that have at least a majority of the pupils
included in the average daily membership of the education service district, as
determined by the reports of such school districts for the preceding year,
enrolled in the schools of the school districts.
     (6) Notwithstanding the process for
approval and adoption required by subsection (5) of this section, if the
component school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an education
service district may amend a local service plan that has been previously
adopted by the board and approved by the component school districts. An
amendment to a local service plan may be done at any time.
     (7) An education service district may
provide the services required by the local service plan directly through the
staff of the district. In addition, an education service district may provide
services required by the local service plan through the operation of a public
school, a public charter school pursuant to ORS chapter 338, an alternative
school or a preschool.
     (8) An education service district may
provide the services required by the local service plan in cooperation with
another education service district or with a school district. In addition, an
education service district may contract with a public or private entity for the
provision of services. [1963 c.544 §§10,12; 1965 c.100 §180; 1967 c.542 §16;
1985 c.200 §1; 1991 c.280 §1; 1993 c.784 §13; 1995 c.611 §13; 2005 c.828 §3]
     334.177
Expenditure of percentage of amounts received on services. (1) An education service district board
shall expend at least 90 percent of all amounts received from the State School
Fund and at least 90 percent of all amounts considered to be local revenues of
an education service district, as defined in ORS 327.019, on services or
programs that have been approved by the component school districts of the
education service district through the resolution process described in ORS
334.175.
     (2) An education service district board
shall expend 100 percent of all amounts received from the School Improvement
Fund on services or programs that have been approved by the component school
districts of the education service district through the resolution process
described in ORS 334.175. [2001 c.695 §27; 2001 c.695 §29; 2007 c.578 §4]
     334.180 [Repealed by 1957 c.678 §1]
     334.185
Entrepreneurial services and facilities. (1) An education service district may provide entrepreneurial services
and facilities to public and private entities and to school districts that are
not component school districts of the education service district if:
     (a) The services are part of the local
service plan developed pursuant to ORS 334.175;
     (b) The services are provided pursuant to
a business plan; and
     (c) The primary purpose of the services is
to address a need of component school districts.
     (2) An education service district must
submit entrepreneurial services and facilities to component school districts
for approval to ensure that component school districts receive information
about the costs and benefits of providing services and facilities, including
identification of the funding sources for the services and facilities and an
explanation of whether any moneys received from the State School Fund or local
revenues of the education service district, as defined in ORS 327.019, may be
required to finance the services or facilities.
     (3) Pupils residing in school districts
that are not component school districts of an education service district but
that receive entrepreneurial services or use facilities under this section may
not be included in the computation of the percentage required by ORS 334.175
(5)(b).
     (4) Entrepreneurial services and
facilities may be provided under contract or on a reimbursable basis.
Expenditures by the education service district board for entrepreneurial
services and facilities provided on a reimbursable basis under this section
shall be limited to the moneys received for the purpose specified and are not
subject to the Local Budget Law (ORS 294.305 to 294.565) but are subject to an
annual financial report to the component school districts.
     (5) Budget estimates of expenditures for
entrepreneurial services and facilities provided under this section must show
the estimates of moneys receivable and must be shown as offsetting revenue
items. [1965 c.100 §181; 1993 c.784 §14; 1995 c.611 §14; 2005 c.828 §8]
     334.190 [Repealed by 1957 c.678 §1]
     334.195 [1993 c.766 §4; repealed by 1995 c.798 §4]
     334.200 [Repealed by 1957 c.678 §1]
     334.205 [1953 c.390 §2; renumbered 334.510 and then
334.310]
     334.210 [Amended by 1957 c.678 §18; renumbered
334.520 and then 334.320]
     334.215
Gifts. (1) An education
service district board may accept gifts and bequests of money for the
establishment and conduct of child guidance clinics and for any other purpose
consistent with the powers and duties of the district.
     (2) The board shall deposit any such money
received in a special fund and the money shall be expended under the direction
of the board for the purposes for which it was donated. [Formerly 343.925; 1993
c.784 §15; 1995 c.611 §16]
     334.217
Standards of adequacy of services and facilities; plans for nonstandard
districts; effect of failure to comply; sanctions; rules. (1) The State Board of Education by rule
shall establish standards to determine the adequacy of services and facilities
provided by the education service districts. In establishing such standards,
the state board shall consider the most economic method of providing services
and facilities, the quality of the services and facilities according to the
best educational standards, and the needs of the students.
     (2) When the Superintendent of Public
Instruction determines pursuant to rule that an education service district is
nonstandard, the district designated nonstandard shall file a plan to meet
standards over a specified period of time. The superintendent may accept,
reject or modify the plan and order the nonstandard district to comply with the
plan as approved by the superintendent. Once a plan is approved, the district
shall be conditionally standard until all deficiencies are corrected. If a
district corrects all deficiencies, the district shall be designated as
standard. The district shall have 180 days from the date the plan is accepted
to make all corrections. After that time, the superintendent may impose
sanctions on the district if the district has not made the necessary
corrections. The state board shall establish by rule appropriate sanctions for
noncompliance. The sanctions may include mandatory merger of the nonstandard
education service district with a contiguous education service district that is
standard, the sanctions described in ORS 342.173, if applicable, or the
withholding of funds from the State School Fund. [1975 c.477 §3; 1989 c.491 §21;
1993 c.784 §16; 1999 c.1054 §1]
    Â
     334.220 [Renumbered 334.530 and then 334.330]
SUPERINTENDENT
     334.225
Superintendent; duties; compensation. (1) The education service district board shall employ a superintendent
who must hold an administrative license as a superintendent. The superintendent
shall serve as the boardÂ’s executive officer, give an official bond or an
irrevocable letter of credit issued by an insured institution, as defined in
ORS 706.008, and have the duties prescribed by the board and the laws of this
state. The board shall fix the term and compensation of the superintendent,
provide office room for the superintendent and allow all of the superintendentÂ’s
necessary traveling expenses.
     (2) The education service district board
shall designate the superintendent as the district clerk. The board may appoint
qualified persons as deputies to the superintendent to perform the duties
required of the district clerk by law or by the board. [Formerly 334.120; 1975
c.278 §9; 1975 c.477 §9a; 1983 c.379 §9; 1985 c.195 §1; 1991 c.331 §56; 1997
c.631 §462]
     334.230 [Amended by 1953 c.429 §2; 1957 c.678 §19;
renumbered 334.540 and then 334.295]
     334.235 [Formerly 334.135; repealed by 1975 c.770 §49]
BUDGET AND
TAX LEVIES
     334.240
District budget; budget committee. (1) The education service district board shall be subject in all
respects to the Local Budget Law (ORS 294.305 to 294.565), except that in
addition to other qualifications, members of the budget committee who are not
members of the education service district board shall be members of component
school district boards within the education service district or shall be
designees of a school district board.
     (2) Notwithstanding ORS 294.336 and
294.341, a majority of the members of the budget committee of an education service
district must consist of members of the component school district boards or
designees of a school district board. The budget committee may meet to conduct
business if the education service district board is unable to fill all of the
positions on the budget committee.
     (3) The board of the education service
district shall prepare and adopt a budget for the operational and
administrative expenses of the education service district. The budget shall
include amounts necessary to provide services required by the local service
plan of the district developed under ORS 334.175. [1957 c.678 §12; 1963 c.544 §37;
1965 c.100 §185; 1981 c.131 §10; 1993 c.784 §16a; 1995 c.611 §17; 1999 c.1054 §2;
2005 c.828 §5]
     334.250 [1957 c.678 §13(1); 1957 s.s. c.4 §1(1); 1965
c.100 §186; repealed by 1977 c.840 §19]
     334.260 [1957 c.678 §13(2); 1957 s.s. c.4 §1(2);
1965 c.100 §187; repealed by 1977 c.840 §19]
     334.262 [1977 c.840 §12; 1981 c.836 §1; 1983 c.610 §3;
repealed by 1993 c.784 §37]
     334.263 [1977 c.840 §13; 1979 c.445 §1; repealed by
1983 c.610 §8]
     334.264 [1977 c.840 §14; repealed by 1983 c.610 §8]
     334.270 [1957 c.678 §13(3); 1957 s.s. c.4 §1(3);
1965 c.100 §188; 1977 c.840 §10; 1993 c.784 §33; repealed by 2005 c.209 §39]
     334.280 [1957 c.678 §13(4); 1957 s.s. c.4 §1(4);
1965 c.100 §189; repealed by 1977 c.840 §19]
     334.285
Apportionment of taxes; split between elementary and secondary school purposes. (1) Before July 15 of each year, the
education service district board shall certify the amount of ad valorem
property taxes as provided in ORS 310.060 and the apportionment to the county
assessor. The county assessor shall extend the levy on the assessment and tax
roll as the levy of the education service district board, applicable at a
uniform rate or rates to all taxable property within the education service
district, including joint districts in adjacent counties that are included in
the district.
     (2) Notwithstanding subsection (1) of this
section, the education service district board shall split its total operating
taxes or other ad valorem property taxes into separate portions for elementary
and high school purposes where necessary in order to avoid double taxation. The
portion for elementary purposes shall amount to two-thirds of the total amount
of taxes and the portion for high school purposes shall amount to one-third of
the total amount of taxes. Before July 15 of such year, the board shall certify
to the county assessor the amount of its taxes for elementary purposes and the
amount of its taxes for high school purposes. The county assessor shall extend
the taxes for elementary and high school purposes on the assessment and tax
rolls as taxes of the education service district board, applicable at a uniform
rate or rates to all taxable property within the education service district,
including joint districts in adjacent counties that are included in the
education service district. The taxes for elementary purposes shall apply to
all taxable property in the district for which elementary education is provided
by a school district within the education service district. The taxes for high
school purposes shall apply to all taxable property in the district for which
high school education is provided by a school district within the education
service district. [1979 c.689 §23; 1997 c.541 §373]
     334.290 [1957 c.678 §13(5), (6); 1957 s.s. c.4 §1(5),
(6); 1961 c.356 §1; 1965 c.100 §190; repealed by 1977 c.840 §19]
     334.293
Direct ad valorem tax required to pay bonds. Notwithstanding ORS 334.240 and 334.285, each education service
district shall ascertain and levy annually, in addition to all other taxes, a
direct ad valorem tax on all taxable property in the education service district
sufficient to pay the maturing interest and principal of all education service
district bonds promptly when and as the payments become due. The board in each
year shall include the taxes in the education service district budget for that
year. [1995 c.333 §13; 2005 c.209 §20]
     334.295 [Formerly 334.230 and then 334.540; 1965
c.100 §191; repealed by 1977 c.840 §19]
     334.300 [1957 c.678 §14; 1963 c.576 §41; 1965 c.100 §192;
repealed by 1977 c.840 §19]
     334.310 [Formerly 334.205 and then 334.510; repealed
by 1977 c.840 §19]
     334.320 [Formerly 334.210 and then 334.520; 1973
c.796 §50; 1975 c.477 §10; 1977 c.2 §1; 1977 c.156 §1; repealed by 1977 c.840 §19]
     334.330 [Formerly 334.220 and then 334.530; repealed
by 1977 c.840 §19]
     334.350 [1957 c.678 §15(1); 1965 c.100 §196; 1993
c.784 §16b; 2003 c.226 §14; repealed by 2001 c.695 §38]
     334.353 [1993 c.784 §32; repealed by 2001 c.695 §38]
     334.360 [1957 c.678 §15(2); 1965 c.100 §197;
repealed by 2001 c.695 §38]
     334.370
Emergency aid fund. The
education service district board may include in its own budget, adopted
pursuant to ORS 334.240, an emergency aid fund for use, at the discretion of
the board, in aiding school districts within the education service district
with emergency expenses unforeseen at the time of making the budget of such
districts. The emergency aid fund shall not exceed five percent of the combined
budget of all districts included in such education service district. [1957
c.678 §15(2); 1965 c.100 §198]
     334.380 [1957 c.678 §15(3), (4); 1965 c.100 §199;
1991 c.780 §20; repealed by 2001 c.695 §38]
     334.390 [1957 c.678 §15(5); 1965 c.100 §200;
repealed by 2001 c.695 §38]
     334.400 [1957 c.678 §15(6); 1963 c.544 §38; 1965
c.100 §201; repealed by 2001 c.695 §38]
     334.410 [1957 c.678 §16; 1965 c.100 §202; 1975 c.770
§43; 1997 c.541 §374; repealed by 2001 c.695 §38]
     334.450 [1957 c.678 §17; 1965 c.100 §203; 1983 c.350
§183; 1983 c.610 §5a; 1987 c.267 §75; 1993 c.784 §§34,35; 1995 c.712 §106; 1997
c.541 §375; repealed by 2001 c.695 §38]
     334.460 [1983 c.610 §5b; 1997 c.541 §376; repealed
by 2001 c.695 §38]
     334.510 [Formerly 334.205; 1965 c.100 §193;
renumbered 334.310]
     334.520 [Formerly 334.210; 1965 c.100 §194;
renumbered 334.320]
     334.530 [Formerly 334.220; 1965 c.100 §195;
renumbered 334.330]
     334.540 [Formerly 334.230; 1963 c.544 §39;
renumbered 334.295]
BOUNDARY
CHANGES
     334.690
State board as boundary board; criteria for reorganization; filing boundary
change. (1) The State Board
of Education shall constitute the boundary board for education service
districts. In examining any proposal to reorganize education service districts,
the state board shall consider whether the proposed district would have the
following characteristics:
     (a) A student population of at least
10,000 students or would have such a student population in the foreseeable
future;
     (b) The ability to support the staff
necessary to provide a wide array of services;
     (c) Boundaries that reflect the area’s
sense of community, and take into account topography, climate and highway
patterns so that there is reasonable access to all areas within the region;
     (d) A distance of no more than two and
one-half hoursÂ’ driving time between the regional office or suboffice and the
most remote school; and
     (e) At least one publicly supported,
post-secondary institution within the region.
     (2) For purposes of ad valorem taxation, a
boundary change must be filed in final approved form with the county assessor
and the Department of Revenue as provided in ORS 308.225. [1993 c.784 §20; 2001
c.138 §15]
MERGER
     334.710
Petition; review by state board; notice; hearing. (1) If two or more education service
districts desire to join together for the purpose of forming one education
service district, a petition from each such district shall be presented to the
State Board of Education when:
     (a) Resolutions are presented to each of
the education service district boards by the boards of the component school
districts that represent two-thirds of the component school districts that are
a part of each of the education service districts and that have at least a
majority of the pupils included in the average daily membership of the
education service district, as determined by the reports of such school
districts for the preceding school year, enrolled in the schools of the
districts; or
     (b) The education service district boards
mutually consent to the merger and a majority vote of each board has approved a
petition.
     (2) The State Board of Education shall
review the petitions and within 15 days after the board meeting at which the
petitions are reviewed, shall notify the education service district boards of
each district designated by the petitions, fix the date of and be responsible
for supervising the giving of notices as provided in ORS 330.400 and conducting
the public hearings in each proposing district to discuss the proposal contained
in the petitions. [1963 c.544 §50b; 1965 c.100 §204; 1983 c.83 §67; 1983 c.284 §12;
2001 c.518 §7]
     334.720
State board order; effective date. (1) At the public hearings conducted pursuant to ORS 334.710, the
State Board of Education shall cause to have discussed the effect of the
proposed district and any resident of the affected districts may be heard with
reference to the proposal.
     (2) If, after the hearings, the State
Board of Education determines that the proposal is feasible, the board shall
order the proposed merger of the districts based on the proposal.
     (3) When two or more education service
districts join together in the manner provided in this section, the new
district shall come into existence effective May 31 of the year following the
order of the State Board of Education issued under subsection (2) of this
section. [1963 c.544 §§50c,50d; 1965 c.100 §205; 1983 c.83 §68; 1983 c.350 §186;
2001 c.518 §8]
     334.725 [1965 c.100 §207; 1983 c.350 §187; 1987
c.267 §76; 1993 c.784 §17,18; 1995 c.712 §107; repealed by 2001 c.518 §11]
     334.730
Joint meeting; zoning; election of new directors. (1) Immediately after the order to join two
or more education service districts together, the boards of directors of all
education service districts within the boundaries of the new district shall
meet together upon the call of the chairperson of the board of the most
populous district. Notwithstanding ORS 334.025 or ORS chapter 255, the joint
board of directors shall divide the new district into as many zones as the
board considers necessary, but not fewer than seven nor more than 11. The zones
shall be as nearly equal in population as may be practicable. If possible, the
joint board shall establish the zones so that each county within the new
education service district, the majority of the land area of which lies within
the boundaries of the education service district, has at least one member on
the board.
     (2) Within 90 days after the zones
required in subsection (1) of this section are established, the joint board of
directors shall call a special election in the new district for the purpose of
electing directors, one of whom shall be elected from each zone established
under subsection (1) of this section by the electors of the zone. [1963 c.544 §50e;
1965 c.100 §208; 1967 c.145 §1; 1975 c.770 §44; 1983 c.350 §188; 2001 c.518 §9]
     334.740
Nomination. The nomination
of a candidate to serve as a director of the new education service district
from a zone, when made by a petition, shall be signed by electors registered in
the zone in which the candidate is a resident. The nomination of a candidate to
serve as a director of the new education service district at large, when made
by a petition, shall be signed by electors of the district. A candidate must be
qualified to vote in the election in which the individual is a candidate and
must be qualified to hold office as a director of an education service
district. [1963 c.544 §50f; 1965 c.100 §209; 1973 c.796 §51; 1983 c.83 §69;
1983 c.350 §189; 2001 c.518 §10]
     334.750
Term of office. (1) The
board of directors of the new education service district shall take office on
July 1 of the year following its election.
     (2) The minority of directors of the new
education service district shall serve terms expiring June 30 next following
the first regular district election and the majority of directors shall serve
terms expiring June 30 next following the second regular district election.
     (3) The directors first elected shall
determine by lot the length of term each shall hold office.
     (4) Notwithstanding any other provisions
of law, the term of office of boards of directors of preexisting education
service districts shall terminate on the date in which the new education
service district comes into existence and its new board of directors qualifies
to hold office. [1963 c.544 §§50h,50j; 1965 c.100 §210; 1967 c.145 §2; 1971
c.47 §5; 1975 c.647 §30; 1985 c.808 §80; 1993 c.784 §22; 1995 c.258 §6]
     334.760
Power of new board prior to existence of new district. During the period following their election
and prior to the date the new education service district comes into existence,
the board of directors of the new education service district may take such
action as is essential in order that the new district may carry out its
required functions when it comes into existence, including the preparation and
adoption of a budget for the new district. Expenditures of the board under this
section shall be paid from the budgets of the component education service
districts on a prorated basis. [1963 c.544 §50i; 1965 c.100 §211]
     334.770
Power of new board generally.
The board of directors of the new education service district shall have the
same duties and exercise the same authority over the district as does the board
of directors of every education service district. [1963 c.544 §50g]
_______________
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