Oregon Revised Statutes

Chapter 334 — Education Service Districts

96 sections

334.003 Definitions for chapter

For purposes of this chapter: “Component school district” means a common school district or a union high school district that: Is located within the territory of an education service district; and Is not withdrawn from the education service district as provided in ORS 334.015. “Education service district” means a district created under ORS 334.010 that p…

334.005 Mission; purpose; accountability

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. An education service district plays a key role in: Ensuring an equitable and excellent educatio…

334.010 Creation of 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 334.013, with a governing body thereof to be known as the education service district board.

334.013 Composition of education service districts

Except where the boundaries of an education service district are changed by merger under ORS 334.710 to 334.770 or other provision of law, the education service districts of this state are as follows: Region 1. Clatsop, Columbia, Tillamook and Washington Counties. Region 2. Multnomah County. Region 3. Marion, Polk and Yamhill Counties. Region 4. Lincoln,…

334.015 Withdrawal of school district; effective date

Notwithstanding ORS 334.010 and 334.013, one or more component school districts of an education service district may withdraw from the education service district. A school district board may choose to withdraw a school district from an education service district by an affirmative vote of two-thirds of the members of the school district board. A school dist…

334.017 Interview requirements for school district that withdraws

A school district that withdraws from an education service district as provided by ORS 334.015 and that seeks to fill a vacant position of employment shall interview persons who: Were employed by the education service district prior to the withdrawal of the school district; and Performed duties similar to the duties that will be performed in the position t…

334.019 Rejoining of school district; effective date

A school district board that withdrew a school district from an education service district as provided in ORS 334.015 may choose to rejoin the school district to the education service district. A school district board that chooses to rejoin a school district to an education service district as provided in subsection (1) of this section may rejoin by an affi…

334.020 [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; renumbered 334.013 in 2011]

334.022 Prohibition on 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. Note: 334.022 was enacted into law by the …

334.025 Number of board members; election; local advisory committees

Except as provided in ORS 255.400 to 255.424: The board of directors of an education service district shall consist of seven, nine or 11 members. 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 membe…

334.030 [Repealed by 1957 c.678 §1]

334.032 Zones; representation of counties within district

Except as provided in ORS 255.400 to 255.424: 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…

334.035 Nomination of candidates

Except as provided in ORS 255.400 to 255.424: 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 nominati…

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

334.045 Election procedure

Except as provided in ORS 255.400 to 255.424: 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 member…

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

Except as provided in ORS 255.400 to 255.424: The term of office of director of an education service district shall be four years. 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. A director of an …

334.095 Declaration of vacancy in office of director; removal; recall

Except as provided in ORS 255.400 to 255.424: The education service district board shall declare the office of a director vacant when the incumbent: Dies or resigns; Is removed from office or a court declares the election for the office void; Ceases to be a resident of a school district that is located within the territory of the education service distri…

334.100 Organization of board; meetings; quorum; compensation

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. Regular meetings of an education service district board shall be held o…

334.105 Definitions for ORS 334.108 to 334.115

As used in ORS 334.108 to 334.115, “pilot education service district” means: The Willamette Education Service District; The High Desert Education Service District; and The Northwest Regional Education Service District. Note: 334.105 to 334.115 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 334 or any…

334.108 Number of board members; election or appointment; zones; selection of successors; vacancies

Notwithstanding ORS chapter 334, the board of directors of a pilot education service district shall consist of nine members as follows: Five directors shall represent zones established under ORS 334.032 and shall be elected by the boards of the component school districts; and Four directors shall be appointed by the directors described in paragraph (a) of …

334.110 [Repealed by 1965 c.100 §456]

334.112 Declaration of vacancy in office of director; removal

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 a director vacant when the incumbent: Dies or resigns; Is removed from office or a court declares the election or appointment for the office void; Ceases to be a resident of a school district t…

334.115 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. Note: See note under 334.105.

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

The education service district is a body corporate. 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. The education service district board shall perform all duties required by law, including but not limited to: Distribution of such school fu…

334.127 Title of real property when district ceases or school district withdraws

Whenever an education service district ceases to exist, its real property shall pass to the successor district, which is authorized to treat the property in the same manner as did the predecessor district. Whenever a school district withdraws from an education service district as provided in ORS 334.015, the school district and education service district sh…

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

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. The board of an education service district may rent such space …

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

An education service district shall provide regionalized core services to component school districts. The goals of these services are to: Assist component school districts in meeting the requirements of state and federal law; Improve student learning; Enhance the quality of instruction provided to students; Enable component school districts and the stude…

334.177 Expenditure of percentage of amounts received on services

As used in this section, “local revenues of an education service district” has the meaning given that term in ORS 327.019 but does not include any local revenues distributed under ORS 327.019 (8). 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 con…

334.180 [Repealed by 1957 c.678 §1]

334.185 Entrepreneurial services and facilities

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: The services are part of the local service plan developed pursuant to ORS 334.175; The services are provided pursuant to a business plan; and …

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

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. 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 purp…

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

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 educatio…

334.219 Report on performance and finances; distribution and accessibility of report

No later than October 1 of each year, the board of directors of an education service district shall produce an annual report related to the performance and the finances of the education service district for the previous school year. The purpose of the report is to provide information to parents, component school districts and the Department of Education and …

334.220 [Renumbered 334.530 and then 334.330]

PERSONNEL

334.225 Superintendent; duties; compensation; termination

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 t…

334.230 [Amended by 1953 c.429 §2; 1957 c.678 §19; renumbered 334.540 and then 334.295]

334.231 Employment of classified school employees

As used in this section, “classified school employee” includes all employees of an education service district in a position represented by a collective bargaining unit, except those for whom a teaching or administrative license is required as a basis for employment in an education service district. A classified school employee shall have the right to be dis…

334.235 [Formerly 334.135; repealed by 1975 c.770 §49]

BUDGET AND TAX LEVIES

334.240 District budget; budget committee; audits

Except as provided in subsection (2) of this section, the education service district board shall be subject in all respects to 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 educ…

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

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 …

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…

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…

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]

REORGANIZATION

334.550 Effects of reorganization

As used in this section: “Obligations” means all contractual obligations, employment and service contracts and collective bargaining agreements. “Reorganized” means a change in: The boundaries of an education service district, including a merger; or The governance structure of an education service district. Employees who are employed by an education ser…

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

Except as provided in ORS 255.400 to 255.424, 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 student population of at least 10,000 stu…

334.710 Petition; review by state board; notice; hearing

Except as provided in ORS 255.400 to 255.424: 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: Resolutions are presented to each of the education service district boards by the boards of th…

334.720 State board order; effective date

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. If, after the hearings, the State Board of Education determines that the proposal is feasible, the board shall order t…

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

Except as provided in ORS 255.400 to 255.424: 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 o…

334.740 Nomination

Except as provided in ORS 255.400 to 255.424, 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 la…

334.750 Term of office

Except as provided in ORS 255.400 to 255.424: The board of directors of the new education service district shall take office on July 1 of the year following its election. 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 s…

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 …

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.

334.800 [2011 c.705 §31; repealed by 2013 c.577 §5]

334.820 [2011 c.705 §32; repealed by 2013 c.577 §5]

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