Chapter 330 — Chapter 330
114 sections in this chapter.
ORS 330.003 “Merger” and “school district” defined for chapter. For purposes of this chapter
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(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 in…
ORS 330.005 Division of state into school districts; definitions for school laws. (1) For public school purposes, this state is divided into subdivisions known as school districts
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(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 hi…
ORS 330.010 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.020 [Amended by 1963 c.282 §1; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.030 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.040 [Amended by 1955 c.386 §1; 1957 c.310 §7; repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 330.050 [Amended by 1961 c.522 §6; 1963 c.282 §14; 1965 c.100 §78; renumbered 330.123]
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[Repealed or reserved.]
ORS 330.060 [Amended by 1963 c.282 §2; repealed by 1965 c.100 §456]
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BOUNDARY CHANGE AND MERGER PROCEDURES
ORS 330.080 Composition, purpose and duties of district boundary board. (1) The governing body of a county shall constitute the district boundary board for laying off the county in convenient school districts
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(2) 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. (3) The district boundary board shall make alterations and changes in the school districts in the m…
ORS 330.085 [Formerly 329.720; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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
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(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 succe…
ORS 330.092 Basis for boundary changes. The boundaries of a school district may not be changed except
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(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 3…
ORS 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
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(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 p…
ORS 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)]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 330.103 Effective date of change or merger; 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
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(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…
ORS 330.105 [1963 c.282 §13(7),(9), §15; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 330.110 [Amended by 1957 c.310 §8; repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 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
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(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 th…
ORS 330.115 [Formerly 329.740; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.120 [Repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 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
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(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 …
ORS 330.125 [Formerly 329.750; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.130 [Repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 330.135 [Formerly 329.755; 1965 c.100 §79; repealed by 1989 c.819 §13]
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[Repealed or reserved.]
ORS 330.140 [Repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 330.145 [Formerly 329.760; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.150 [Repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 330.155 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.170 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.190 [Amended by 1955 c.386 §2; repealed by 1963 c.282 §16]
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[Repealed or reserved.]
ORS 330.200 [Repealed by 1955 c.386 §8]
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[Repealed or reserved.]
ORS 330.210 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.220 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 330.240 [Amended by 1957 s.s. c.12 §1; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.250 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.260 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.270 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.280 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.290 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 330.300 [1957 c.89 §1; amended by 1965 c.100 §77; 1965 c.275 §3; renumbered 330.113]
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[Repealed or reserved.]
ORS 330.310 [Formerly 333.124; 1991 c.167 §15; repealed by 2003 c.226 §23]
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NOTICE
ORS 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]
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[Repealed or reserved.]
ORS 330.425 [Formerly 330.665; 1995 c.258 §2; 1995 c.607 §72; 2005 c.209 §18; repealed by 2011 c.313 §25]
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[Repealed or reserved.]
ORS 330.430 [Formerly 330.667; repealed by 2011 c.313 §25]
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[Repealed or reserved.]
ORS 330.435 [Formerly 330.765; repealed by 2011 c.313 §25]
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[Repealed or reserved.]