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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 334 Education Service Districts
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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] (1) The mission of
education service districts is to assist school districts and the
Department of Education in achieving Oregon’s educational goals by
providing equitable, high quality, cost-effective and locally responsive
educational services at a regional level.
(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 Oregon Educational Act for the 21st Century;
(c) Fostering the attainment of high standards of performance by
all students in Oregon’s public schools; and
(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] 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] (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, Columbia, Tillamook and Washington Counties.
(b) Region 2. Multnomah County.
(c) Region 3. Marion and Polk Counties.
(d) Region 4. Lincoln, Linn and Benton Counties.
(e) Region 5. Lane County.
(f) Region 6. Douglas County.
(g) Region 7. Coos and Curry Counties and the area lying within the
Reedsport School District.
(h) Region 8. Jackson, Josephine and Klamath Counties.
(i) Region 9. Hood River and Wasco Counties.
(j) Region 10. Crook and Deschutes Counties.
(k) Region 11. Lake County.
(L) Region 12. Umatilla and Morrow Counties.
(m) Region 13. Union and Baker Counties.
(n) Region 14. Malheur County and the area comprising the
Huntington School District.
(o) Region 15. Clackamas County.
(p) Region 16. Yamhill County.
(q) Region 17. Harney County.
(r) Region 18. Wallowa County.
(s) Region 19. Sherman, Gilliam and Wheeler Counties.
(t) Region 20. Grant County.
(u) Region 21. Jefferson County and the area comprising the Warm
Springs Reservation.
(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]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](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
committee’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 board’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 board’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] (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] (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]
(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]
(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](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] (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]
Sec. 11. Board of directors; appointment; 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) Prior to July 1, 2006, the boards of the component school
districts within each zone shall elect a representative to serve on the
board of directors of the pilot education service district. Each
component school district board shall have one vote.
(5) Notwithstanding ORS 334.090, the terms of office of directors
serving on the board of a pilot education service district who were not
elected or appointed pursuant to this section shall terminate on June 30,
2006.
(6) 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]
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 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, 2006, and October 1, 2008. [2005 c.828 §13]
Sec. 14. Zones; special election. (1) Prior to February 1, 2010,
the board of directors of a pilot education service district shall divide
the pilot education service district into as many zones as the board
considers necessary, but not fewer than seven or more than 11. 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 was appointed or elected
under section 11 of this 2005 Act terminates on June 30, 2010. [2005
c.828 §14]
Sec. 15. Sections 11 to 14 of this 2005 Act are repealed on June
POWERS AND DUTIES (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]Note: The amendments to 334.125 by section 4a, chapter 828, Oregon
Laws 2005, become operative July 1, 2006. See section 7, chapter 828,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
334.125. (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
and duties arising under ORS 334.175, with the approval of the component
school districts through the resolution process described in ORS 334.175,
the board may:
(a) Plan for the provision and delivery of education, including
curriculum improvement and special education programs;
(b) Provide staff development;
(c) Conduct assessment, evaluation and research;
(d) Plan and provide for new learning environments;
(e) Plan and provide for educational communication and distribution
services, including telecommunications systems;
(f) Collaborate in jointly planning for the delivery of health
care, employment training and social services in the region; and
(g) Provide funds to component school districts to provide services
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. 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](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] (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]Note: The amendments to 334.175 by section 3, chapter 828, Oregon
Laws 2005, become operative July 1, 2006. See section 7, chapter 828,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
334.175. (1) The education service district or a combination of
education service districts or a school district or other public or
private entity under contract with an education service district or
districts may provide services and facilities, including but not limited
to central purchasing, library, curriculum material, special teachers and
special programs including but not limited to teachers and programs under
ORS chapter 343 and any other relevant services to all school districts
which are a part of the education service district or districts. If the
education service district owns a planetarium, the district may promote
public events and may sell tickets for public events at the planetarium.
(2) The extent and nature of such facilities and services must be:
(a) Agreed upon on or before March 1 by resolution of two-thirds of
the component school districts which are a part of the education service
district or districts and which have at least a majority of the pupils
included in the average daily membership of the education service
district or districts, as determined by the reports of such school
districts for the preceding year, enrolled in the schools of the
districts; and
(b) Within the authority of the interested districts.
(3) Notwithstanding subsection (2) of this section, the education
service district or a school district or other public or private entity
under contract with an education service district may provide facilities
and services of the type specified in subsection (1) of this section by
agreement and on a reimbursable basis to any school district or
combination thereof within the education service district.
(4) Subject to subsections (1) and (2) of this section and ORS
334.185, the education service district may establish or participate in
all programs under ORS chapter 343.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.
[2001 c.695 §27; 2001 c.695 §29] (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]Note: The amendments to 334.185 by section 8, chapter 828, Oregon
Laws 2005, become operative July 1, 2006. See section 9, chapter 828,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
334.185. (1) Facilities and services authorized under ORS 334.175
(1) may be provided to component school districts which are not a part of
the education service district or districts by agreement on a
reimbursable basis. However, the pupils residing in such districts shall
not be included in the computation of the percentage required by ORS
334.175 (2)(a). The facilities and services may also be provided to other
public or private entities by agreement or on a reimbursable basis.
(2) Expenditures by the education service district board for
special 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).
(3) Budget estimates of expenditures for special services and
facilities provided under this section must show the estimates of moneys
receivable and must be shown as offsetting revenue items. (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](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]
SUPERINTENDENT (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 board’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 superintendent’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]BUDGET AND TAX LEVIES (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]Note: The amendments to 334.240 by section 5, chapter 828, Oregon
Laws 2005, become operative July 1, 2006. See section 7, chapter 828,
Oregon Laws 2005. The text that is operative until July 1, 2006, is set
forth for the user’s convenience.
334.240. (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 is authorized to
prepare and adopt a budget for its own expenses and for its operational,
administrative and resolution services expenses. The board’s own expenses
include expenses for travel, for providing the board with professional
and clerical assistance, and for such services, equipment and supplies as
the board may require. The board’s budget may include amounts necessary
to provide special services and facilities authorized by ORS 334.175 (1)
and (2), and to support providing services and programs for children with
disabilities, for the talented and gifted or for bilingual or English as
a second language education as these programs are described in ORS
336.074, 336.079, 343.035, 343.397 and 343.830.(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]
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] 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]BOUNDARY CHANGES(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 hours’ 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 (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] (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] (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] 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] (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]
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] 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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