Oregon Revised Statutes Chapter 334 § 334.217 — Standards of adequacy of services and facilities; plans for nonstandard

Standards of adequacy of services and facilities; plans for nonstandard districts; effect of failure to comply; sanctions; rules. (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 of Public Instruction 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 of Public Instruction may impose sanctions on the district if the district has not made the necessary corrections. (3) The state board shall establish by rule appropriate sanctions for noncompliance. The sanctions may include: (a) Mandatory merger of the nonstandard education service district with a contiguous education service district that is standard; (b) The sanctions described in ORS 342.173, if applicable; (c) The withholding of funds from the State School Fund; (d) The removal of the superintendent of the education service district; (e) The temporary governance of the education service district by the state board; or (f) Dissolution of the education service district. [1975 c.477 §3; 1989 c.491 §21; 1993 c.784 §16; 1999 c.1054 §1; 2011 c.705 §38] Note: The amendments to 334.217 by section 32, chapter 406, Oregon Laws 2025, become operative December 31, 2026. See section 33, chapter 406, Oregon Laws 2025. The text that is operative on and after December 31, 2026, is set forth for the user’s convenience. 334.217. (1) The State Board of Education by rule shall establish and enforce standards to determine the adequacy of services and facilities provided by the education service districts. In establishing such standards, the state board shall: (a) 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; and (b) Provide a process for a person who resides in the district, or a parent or guardian of a student who attends school in the district, to file a complaint about noncompliance with a standard. (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 of Public Instruction 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 of Public Instruction may impose sanctions on the district if the district has not made the necessary corrections. (3) The state board shall establish by rule appropriate sanctions for noncompliance. The sanctions may include: (a) Mandatory merger of the nonstandard education service district with a contiguous education service district that is standard; (b) The sanctions described in ORS 342.173, if applicable; (c) The withholding of funds from the State School Fund; (d) The removal of the superintendent of the education service district; (e) The temporary governance of the education service district by the state board; or (f) Dissolution of the education service district.