OAR 581-024-0252
Boundary Changes
(1)
The Board shall serve as the boundary board for districts. While serving as the boundary board the Board shall determine if a proposed boundary change is feasible and if the matter shall be submitted to the electors of each district. The Board, upon request, shall make available preprinted forms for petition and cause its staff to review and, if appropriate, modify statements of proposed boundary changes as they are to appear on the yet-to-be signed petitions.(2)
The board shall consider a proposed boundary change upon receipt of:(a)
A joint petition from the two proposing districts; or(b)
A petition from each proposing district containing the signatures of at least 500 electors or a number of electors of the district at least equal to five percent of the electors in the district, whichever is less.(3)
Consideration by the Board shall not be later than its second regular meeting following receipt of the qualified petition. At that meeting the Board shall review the petition and if appropriate:(a)
Fix the time and place for a public hearing in each of the proposing districts to discuss the proposal;(b)
Cause notices of the hearings to be published in accordance with ORS 330.400 (Notice by publication requirements);(c)
Name a Hearings Officer, Board member or Department staff person to conduct the public hearings and to present a written report on the hearings to the Superintendent. The report shall be submitted to the Superintendent within 15 days of the last hearing;(d)
Notify the district boards of each district designated by the petition of this rule. This notification shall be issued to be received by each district within 15 days of the Board’s action.(4)
At the public hearing in each proposing district the presiding officer shall cause to have discussed the effect on the proposed district. The hearing shall be conducted in accordance with procedures identified in ORS Chapter 183 (Administrative Procedures Act).(5)
Following the public hearings and receipt of the hearings report the Superintendent shall prepare for the Board’s consideration at its next regular meeting an analysis and recommendation on the proposal. The recommendation shall consider whether the proposed district or districts would have the characteristics identified in ORS 334.690 (State board as boundary board)(1)–(5) and is feasible (334.720 (State board order)(2)).(6)
The Board shall consider the boundary change proposal including the Superintendent’s analysis and recommendation and the hearings officer’s report. The Board shall consider whether the proposed district or districts would have the characteristics identified in ORS 334.690 (State board as boundary board). To favorably consider the proposal the Board shall determine that the proposed district or districts is in the best interest of the state and the students and school districts to be served. The Board may:(a)
Find the petition feasible and approve submitting the question of the proposed district or districts to the electors of each district at the next regular district election;(b)
Find the petition to be unfeasible, denying the request to place the matter before the electors; or(c)
Postpone action until the next meeting. Action by the Board shall be accomplished not later than its second meeting following receipt of the report on the hearings.(7)
Expenses incurred for the election shall be paid by each district as specified in ORS 255.305 (Election expenses paid by district).(8)
A petition for a boundary change that would transfer territory from a school district which is a member of one education service district to another school district which is a member of another education service district, thus altering the boundaries of two ESDs must originate with and be adjudicated by the affected ESD boundary boards pursuant to ORS 330.095 (Request or petition for change or merger). The ESD boundary board of the most populous school district must act first and the ESD Boundary Boards must adhere to timelines established in 330.107 (Time for boundary board action) unless the state board grants an extension of time. Appeals of ESD boundary boards’ procedures may be made to the State Board of Education under 330.090 (Mergers) and OAR 581-025-0020 (Procedure for Appeal to the State Board of Education of a District Boundary Board Decision).
Source:
Rule 581-024-0252 — Boundary Changes, https://secure.sos.state.or.us/oard/view.action?ruleNumber=581-024-0252.