Creation of school in another school district; written permission or written notice. (1) A district school board may lease, purchase, construct, reconstruct, improve, repair, equip or furnish a school in another school district and may expend bond proceeds or other funds available to the board for such purposes if the board has the written permission of the district school board of the school district in which the school will be located. The written permission required by this subsection must be obtained prior to the first day on which students will attend classes in the school

(2) If a district school board opens or operates a school in another school district and does not obtain the written permission required by subsection (1) of this section, the board of the school district in which the school has been opened or operated may file a complaint with the Superintendent of Public Instruction. Upon receipt of a complaint, the superintendent shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470.

(3) Upon a determination that the written permission required by subsection (1) of this section was not obtained, the superintendent shall withhold State School Fund moneys otherwise allocated to the school district. The superintendent shall withhold moneys until the written permission is obtained or until some other date determined by the superintendent.

(4) The provisions of this section do not apply to a public charter school. [2001 c.169 §2; 2015 c.75 §1; 2023 c.163 §3]