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Oregon Revised Statutes

Or. Rev. Stat. § 171.857 (2026)

Appointment; quorum; report

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      171.857 Appointment; quorum; report. (1) For each odd-numbered year regular session of the Legislative Assembly, the President of the Senate and the Speaker of the House of Representatives shall jointly appoint a special legislative committee to issue a report pursuant to section 8, Article VIII of the Oregon Constitution.

      (2) The committee may not transact business unless a quorum is present. A quorum consists of a majority of committee members from the House of Representatives and a majority of committee members from the Senate.

      (3) Action by the committee requires the affirmative vote of a majority of committee members from the House of Representatives and a majority of committee members from the Senate.

      (4) In the report, the Legislative Assembly shall accomplish one of the following:

      (a) Demonstrate that the amount within the budget appropriated for the state’s system of kindergarten through grade 12 public education is the amount of moneys, as determined by the Quality Education Commission established by ORS 327.500, that is sufficient to meet the quality goals.

      (b) Identify the reasons that the amount appropriated for the state’s system of kindergarten through grade 12 public education is not sufficient, the extent of the insufficiency and the impact of the insufficiency on the ability of the state’s system of kindergarten through grade 12 public education to meet the quality goals. In identifying the impact of the insufficiency, the Legislative Assembly shall include in the report how the amount appropriated in the budget may affect both the current practices and student performance identified by the commission under ORS 327.506 (4)(a) and the best practices and student performance identified by the commission under ORS 327.506 (4)(b).

      (5)(a) Notwithstanding subsection (4) of this section, the committee may make a determination that the report of the Quality Education Commission should not be used as the basis for carrying out the reporting requirements of section 8, Article VIII of the Oregon Constitution, and subsection (4) of this section. If the report is not used, the committee shall identify the reasons for not using the report to meet the reporting requirements and shall outline an alternative methodology for making the findings required by section 8, Article VIII of the Oregon Constitution.

      (b) The alternative methodology shall be based on:

      (A) Research, data and public values; and

      (B) The performance of successful schools, professional judgment or a combination of the performance of successful schools and professional judgment.

      (c) The Legislative Assembly shall include in the report that uses the alternative methodology a determination of how the amount appropriated may affect the ability of the state’s system of kindergarten through grade 12 public education to meet quality goals established by law, including expected student performance against those goals.

      (6) The Legislative Assembly shall identify in the report whether the state’s system of post-secondary public education has quality goals established by law. If there are quality goals, the Legislative Assembly shall include in the report a determination that the amount appropriated in the budget is sufficient to meet those goals or an identification of the reasons the amount appropriated is not sufficient, the extent of the insufficiency and the impact of the insufficiency on the ability of the state’s system of post-secondary public education to meet those quality goals.

      (7) The report shall be issued within 180 days after the Legislative Assembly adjourns sine die.

      (8) The Legislative Assembly shall provide public notice of the report’s issuance, including posting the report on the Internet and providing a print version of the report upon request. [2001 c.895 §7; 2003 c.14 §69; 2007 c.790 §3; 2011 c.272 §17; 2011 c.545 §8; 2024 c.95 §14]

 

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Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2026 · leading case: Pendleton Sch. Dist. 16R v. State, 200 P.3d 133 (Or. 2009).
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Pendleton Sch. Dist. 16R v. State, 200 P.3d 133 (Or. 2009). · cites it 5× “Or Laws 2001, ch 895, § 7 (codified as amended at ORS 171.857). ORS 171.857 provides that the report shall “[demonstrate that the amount” appropriated for the public school system “is the amount of moneys as determined by the Quality Education Commission * * * that is sufficient…”
Pendleton Sch. Dist. v. State of Oregon, 185 P.3d 471 (Or. Ct. App. 2008). · cites it 3× “3 ORS 171.857 was amended in 2003. Or Laws 2003, ch 14, § 69.”
Advocates for Sch. Trust Lands v. State of Oregon, 587 P.3d 18 (Or. Ct. App. 2026). · cites it 2× “State of Oregon the reasons for the insufficiency and its extent as required by Article VIII, section 8, of the Oregon Constitution”; and (3) “ORS 171.857 is unconstitutional.” A. Dismissal of First Claim Before the trial court, plaintiffs conceded that, because individual…”
Or. Rev. Stat. § 171.857(2)(a): 1 case
Pendleton Sch. Dist. v. State of Oregon, 185 P.3d 471 (Or. Ct. App. 2008). “3 ORS 171.857 was amended in 2003. Or Laws 2003, ch 14, § 69.”
Or. Rev. Stat. § 171.857(3)(a): 1 case
Pendleton Sch. Dist. v. State of Oregon, 185 P.3d 471 (Or. Ct. App. 2008). “3 ORS 171.857 was amended in 2003. Or Laws 2003, ch 14, § 69.”
Or. Rev. Stat. § 171.857(4)(a): 1 case
Pendleton Sch. Dist. 16R v. State, 200 P.3d 133 (Or. 2009). “Or Laws 2001, ch 895, § 7 (codified as amended at ORS 171.857). ORS 171.857 provides that the report shall “[demonstrate that the amount” appropriated for the public school system “is the amount of moneys as determined by the Quality Education Commission * * * that is sufficient…”
Or. Rev. Stat. § 171.857(4)(b): 1 case
Pendleton Sch. Dist. 16R v. State, 200 P.3d 133 (Or. 2009). “Or Laws 2001, ch 895, § 7 (codified as amended at ORS 171.857). ORS 171.857 provides that the report shall “[demonstrate that the amount” appropriated for the public school system “is the amount of moneys as determined by the Quality Education Commission * * * that is sufficient…”
Or. Rev. Stat. § 171.857(5): 1 case
Pendleton Sch. Dist. 16R v. State, 200 P.3d 133 (Or. 2009). “Or Laws 2001, ch 895, § 7 (codified as amended at ORS 171.857). ORS 171.857 provides that the report shall “[demonstrate that the amount” appropriated for the public school system “is the amount of moneys as determined by the Quality Education Commission * * * that is sufficient…”
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