ORS Chapter 334 - Oregon Statutes

Chapter 334 — EducationService Districts

 

2009 EDITION

 

 

EDUCATIONSERVICE DISTRICTS

 

EDUCATIONAND CULTURE

 

GENERALPROVISIONS

 

334.003     Definitions

 

334.005     Mission;purpose; accountability

 

334.010     Educationservice districts

 

334.020     Compositionof education service districts

 

334.022     Nodistinction in state funding between multicounty and single county districts

 

EDUCATIONSERVICE DISTRICT BOARD

 

334.025     Numberof board members; election; local advisory committees

 

334.032     Zones;representation of counties within district

 

334.035     Nominationof candidates

 

334.045     Electionprocedure

 

334.090     Term;eligibility; election of successors; vacancies

 

334.095     Declarationof vacancy in office of director; removal; recall

 

334.100     Organizationof board; meetings; quorum; compensation

 

(Temporaryprovisions relating to pilot education service districts are compiled as notesfollowing ORS 334.100)

 

POWERSAND DUTIES

 

334.125     Statusof board; powers and duties; rules

 

334.127     Titleof real property when district ceases

 

334.145     Officespace provided by county; rent; additional space; purchase of required space;providing space

 

334.175     Coreservices; local service plan

 

334.177     Expenditureof percentage of amounts received on services

 

334.185     Entrepreneurialservices and facilities

 

334.215     Gifts

 

334.217     Standardsof adequacy of services and facilities; plans for nonstandard districts; effectof failure to comply; sanctions; rules

 

SUPERINTENDENT

 

334.225     Superintendent;duties; compensation

 

BUDGETAND TAX LEVIES

 

334.240     Districtbudget; budget committee

 

334.285     Apportionmentof taxes; split between elementary and secondary school purposes

 

334.293     Directad valorem tax required to pay bonds

 

334.370     Emergencyaid fund

 

BOUNDARYCHANGES

 

334.690     Stateboard as boundary board; criteria for reorganization; filing boundary change

 

MERGER

 

334.710     Petition;review by state board; notice; hearing

 

334.720     Stateboard order; effective date

 

334.730     Jointmeeting; zoning; election of new directors

 

334.740     Nomination

 

334.750     Termof office

 

334.760     Powerof new board prior to existence of new district

 

334.770     Powerof new board generally

 

GENERALPROVISIONS

 

      334.003Definitions.For purposes of this chapter:

      (1)“Component school district” means a common school district or a union highschool district located within the territory of an education service district.

      (2)“Education service district” means a district created under ORS 334.010 thatprovides regional educational services to component school districts.

      (3)“Joint school district” means a common school district or a union high schooldistrict located within the territory of more than one education servicedistrict. [1995 c.611 §20; 2001 c.518 §1]

 

      334.005Mission; purpose; accountability. (1) The mission of education servicedistricts is to assist school districts and the Department of Education inachieving 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 inOregon’s public schools; and

      (d)Facilitating interorganizational coordination and cooperation amongeducational, 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 roleas service organizations and the regulatory role of the Department of Educationand other state agencies.

      (4)To ensure that an education service district is locally responsive, aneducation service district shall provide:

      (a)Opportunities for component school districts to participate in decisions aboutthe 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]

 

      334.010Education service districts. There is created in each region adistrict to be known as the education service district to consist of thecounties 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 districtboard. [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]

 

      334.020Composition of education service districts. (1) On and after the effectivedate of the order entered under section 25, chapter 784, Oregon Laws 1993,except as the boundaries of an education service district may be changed bymerger under ORS 334.710 to 334.770 or other provision of law, the educationservice 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 ReedsportSchool 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 SchoolDistrict.

      (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 ina joint school district, the joint school district shall be included in theeducation service district in which the joint district’s administrative officeis located. [Amended by 1957 c.678 §2; 1963 c.544 §30; 1965 c.100 §171; 1975c.770 §39; 1993 c.784 §3; 1995 c.611 §6]

 

      334.022No distinction in state funding between multicounty and single countydistricts.In adopting any rule relating to the distribution of state funds to educationservice districts, the State Board of Education shall not make any distinctionbased on the administrative structure of multicounty education servicedistricts and the administrative structure of single county education servicedistricts. [1993 c.784 §38]

 

      Note: 334.022 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 334 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

EDUCATIONSERVICE DISTRICT BOARD

 

      334.025Number of board members; election; local advisory committees. (1) The boardof directors of an education service district shall consist of seven, nine or11 members.

      (2)In education service districts, not fewer than five of the directors shall beelected, one from each of the zones established under ORS 334.032. At thediscretion of the board of directors, one or two board members may be electedfrom the district at large.

      (3)On the petition of two component school districts, the board shall establishlocal advisory committees to represent the interests of areas within thepetitioning districts. The local advisory committees shall advise the board onmatters of concern within the advisory committee’s area. Local advisorycommittees shall represent two or more component school districts.

      (4)The board of directors may by resolution increase or decrease the number ofmembers of the board. The board’s resolution shall be entered with sufficienttime for the board to give the required information to the elections officerunder ORS 255.069, and the board’s resolution shall have no effect on the termsof 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 by1957 c.678 §1]

 

      334.032Zones; representation of counties within district. (1) The boardof directors of an education service district shall divide the educationservice district into not more than 11 zones as nearly equal in censuspopulation as may be practicable, measured along common school districtboundary lines except that zones may be established using voting precinctboundaries in order to achieve greater equality of population. If possible, theboard shall establish the zones so that each county within the educationservice district, the majority of the land area of which lies within theboundaries of the education service district, has at least one member on theboard.

      (2)Each county within the education service district, the majority of the landarea 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 memberon the budget committee of the education service district.

      (3)The board may readjust the boundaries of the zones once each year and shallreadjust the boundaries of the zones immediately upon any change of theboundaries 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]

 

      334.035Nomination of candidates. (1) In education service districts having apopulation of less than 550,000 according to the latest federal census, acandidate for the district board shall be nominated in accordance with ORS255.235 except as provided in this section. When a candidate is nominated froma zone by a nominating petition, the nominating petition must be signed byelectors registered in the zone in which the candidate is a resident and whoare qualified to vote in their respective component school districts. When acandidate is nominated at large by a nominating petition, the nominatingpetition must be signed by electors of the district. A candidate for educationservice district board member must be qualified to vote in the election inwhich the individual is a candidate.

      (2)In education service districts having a population of 550,000 or more accordingto the latest federal census, the name of any qualified person nominated asprovided by ORS 255.235 shall be placed on the ballot as a candidate for theoffice of director of the education service district. [1957 c.678 §5; 1963c.544 §32; 1965 c.100 §174; 1973 c.796 §47; 1974 c.45 §5; 1981 c.131 §3; 1983c.83 §66; 1983 c.350 §180; 1993 c.784 §7; 1995 c.611 §9]

 

      334.040 [Amended by1957 c.310 §15; repealed by 1957 c.678 §1]

 

      334.045Election procedure.(1) In education service districts, members of the board shall be elected atthe time of the regular district election described in ORS 255.335 for the termcommencing July 1 as provided in ORS 334.090. For this purpose, a districtelection shall be held in such districts in those zones from which a member ormembers of the board are to be elected, and in the district as a whole if amember or members at large are to be elected. The registrar of elections of thecounty in which such district is located shall be the elections officer forsuch elections.

      (2)The education service district shall pay the actual cost of printing ballotsand tally sheets for each election under this section, and the cost of checkingsignatures on certificates of nomination, together with such proportionate partof 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 chapter255. [1957 c.678 §8; 1963 c.544 §33; 1965 c.100 §175; 1973 c.796 §48; 1975c.647 §29b; 1977 c.149 §3; 1981 c.131 §4; 1983 c.350 §181; 1993 c.784 §8; 1995c.258 §5; 1995 c.611 §10a]

 

      334.050 [Repealed by1957 c.678 §1]

 

      334.060 [Amended by1957 c.622 §8; repealed by 1957 c.678 §1]

 

      334.070 [Amended by1957 c.678 §6; repealed by 1965 c.100 §456]

 

      334.080 [Repealed by1957 c.678 §1]

 

      334.090Term; eligibility; election of successors; vacancies. (1) The term ofoffice of director of an education service district shall be four years.

      (2)The term of office of each director of an education service district shallbegin on July 1 next following the date of election. A director shall serveuntil June 30 next following the election of a successor.

      (3)A director of an education service district must qualify by taking an oath ofoffice before assuming the duties of office.

      (4)A newly appointed director of an education service district shall take officeat the meeting of the education service district board next following theappointment.

      (5)A person is not eligible to serve as a director of an education servicedistrict unless the person is an elector of the district and has residedtherein for a period of one year immediately preceding the election orappointment.

      (6)No employee of an education service district is eligible to serve as a directorof 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 andto elect a successor for any director whose term expires June 30 next followingthe election. A successor shall be elected as follows:

      (a)If the director was elected from a zone established under ORS 334.032, asuccessor 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 bythe electors of the district.

      (8)Notwithstanding subsection (7) of this section, in any district having apopulation of 550,000 or more according to the latest federal census thatbecomes zoned according to ORS 334.032, the board shall determine prior to thenomination of school directors which positions shall be from zones and whichpositions shall be at large.

      (9)Any vacancy on the board from any zone shall be filled by the remainingdirectors from among the qualified persons in that zone. Any such vacancy fromthe district at large shall be filled by the remaining directors from among thequalified persons in the district. However, if vacancies occur in a majority ofthe positions on the board, the State Board of Education shall fill thevacancies from among the qualified persons of the zones, if any, or from amongother persons who are qualified to serve. The period of service of an appointeeunder this subsection expires June 30 next following the next regular districtelection at which a successor is elected. The successor shall be elected toserve the remainder, if any, of the term for which the appointment was made. Ifthe term for which the appointment was made expires June 30 after the electionof the successor, the successor shall be elected to a full term. In eithercase, the successor shall take office July 1 next following the election. [Amendedby 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]

 

      334.095Declaration of vacancy in office of director; removal; recall. (1) Theeducation service district board shall declare the office of director vacantupon 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 beendeclared void by the judgment of any court;

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