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Oregon Revised Statutes

Or. Rev. Stat. § 330.090 (2026)

Mergers

✓ current as of May 2026
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      330.090 Mergers. (1) The district boundary board shall enter an order directing a school district to be merged with an adjoining school district designated by the board if it finds that continuation of the district is not required because of geographic factors affecting transportation or because of sparsity of population and if:

      (a) The school district fails to maintain and operate a school for one year without approval of the State Board of Education;

      (b) The school district is in a county with 35,000 or less population and has an average daily membership of fewer than six children for each of two successive years, as certified by the Superintendent of Public Instruction; or

      (c) The school district is in a county with more than 35,000 population and has an average daily membership of fewer than 18 children for each of two successive years, as certified by the Superintendent of Public Instruction.

      (2) The order of the district boundary board shall take effect as provided in ORS 330.103.

      (3) Subject to the provisions of ORS 330.092 to 330.101, the district boundary board on the request of the district school boards of the affected districts or on petition of five percent or 500 electors of each affected district, whichever is less, shall merge smaller districts into larger districts or change the boundaries of common or union high school districts.

      (4) No boundary change or merger shall be made which results in a school district having fewer than 20 children of school age on the date the change or merger becomes effective.

      (5) No boundary change or merger shall be made which results in a school district that consists of noncontiguous areas.

      (6) If the district boundary board fails to follow the time schedules prescribed in ORS 330.107 or to approve a request or petition under subsection (3) of this section, the district school boards of the affected school districts or the petitioners may appeal to the State Board of Education to order the proposed boundary change or merger. The state board shall order the change or merger and shall direct the district boundary board to perform the duties described in ORS 330.101 in the same manner as if the district boundary board had ordered the boundary change or merger.

      (7) As used in this section, “affected district” includes:

      (a) Two or more districts providing education in kindergarten and grades 1 through 12 involved in the merger.

      (b) All component school districts, not including any split school districts, as defined in ORS 335.482, and the union high school district if merger procedures are used for the unification of the union high school district and its component districts.

      (c) The union high school district and the component school districts, not including split school districts, in a secession from the union high school district by one or more of the component districts and the unified district they wish to join.

      (d) Two or more districts offering education in kindergarten and grades 1 through 6 or 8 that would create a split school district by merger and the union high school district and the component school districts of the union high school district. [1963 c.282 §13(1), (8); 1965 c.100 §73; 1967 c.298 §1; 1969 c.235 §1; 1979 c.256 §1; 1985 c.364 §1; 1989 c.491 §14; 1989 c.819 §3; 1991 c.167 §7; 1993 c.112 §2; 1993 c.329 §1]

Notes of Decisions
Cited in 14 cases, 1965–1989 · leading case: Olsen v. State Ex Rel. Johnson, 554 P.2d 139 (Or. 1976).
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Olsen v. State Ex Rel. Johnson, 554 P.2d 139 (Or. 1976). “” ORS 330.090 1 If 5 per cent or at least 500 voters in an area remonstrate against the proposed change, the proposed change must be submitted to the voters in the affected area.”
Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988). · cites it 5× “The petition claimed that it was filed under both ORS 330.090 and ORS 330.101(5). The Marion County Boundary Board approved the transfer.”
Cent. Sch. Dist. 13J v. Marion Dist. Boundary Bd., 744 P.2d 284 (Or. Ct. App. 1987). · cites it 4× “101(5), or a petition under ORS 330.090, and whether it is approved or not.”
Kumley v. Polk Cnty. Dist. Boundary Bd., 706 P.2d 562 (Or. Ct. App. 1985). · cites it 5× “1 ORS 330.090(2) provides that a district boundary board may alter common school district boundaries if it finds that the proposed change: “(a) Will have no substantial adverse effect upon the ability of the districts affected to provide the educational program required by law.”
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 744 P.2d 286 (Or. Ct. App. 1987). · cites it 14× “On July 21,1986, the Clackamas County District Boundary Board (Clackamas Board) considered that the petition was “in compliance with ORS 330.090,” made the requisite findings under ORS 330.”
Union High Sch. Dist. No. 1 v. Linn Cnty. Dist. Boundary Bd., 416 P.2d 656 (Or. 1966). · cites it 3× “ORS 330.090 (2). While the parties represented to the court that the Boundary Board approved the petition for boundary change, and the remonstrances thereto, and directed that an election be held, it is not clear from the record that the Board was not also acting upon its own…”
Messer v. Polk Cnty. Dist. Boundary Bd., 646 P.2d 1369 (Or. Ct. App. 1982). · cites it 7× “Petitioners seek review of an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
Harvey Aluminum v. Sch. Dist. No. 9, 399 P.2d 149 (Or. 1965). · cites it 2× “It is doubtful whether tbe boundary board would have tbe authority under ORS 330.090 to resolve the controversy in the present case.”
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 754 P.2d 926 (Or. Ct. App. 1988). · cites it 5× “090(3) provides: “In the manner provided in ORS 330.090 to 330.107, the district boundary board on its own motion or on petition may merge smaller districts into larger districts or alter the boundaries of common or union high school districts.”
Messer v. Polk Cnty. Dist. Boundary Bd., 670 P.2d 183 (Or. Ct. App. 1983). · cites it 10× “Petitioners appeal for the second time from an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
Rural Dell Sch. Dist. v. Bd. of Educ., 775 P.2d 852 (Or. Ct. App. 1989). · cites it 9× “080; ORS 330.090(4). Respondents t^ien appealed to the Board, ORS 330.”
Cent. Sch. Dist. 13J v. Marion Cnty. Dist. Boundary Bd., 766 P.2d 413 (Or. Ct. App. 1988). · cites it 7× “090(3) provides: “In the manner provided in ORS 330.090 to 330.107, the district boundary board on its own motion or on petition may merge smaller districts into larger districts or alter the boundaries of common or union high school districts.”
Show all 14 citing cases →
— Or. Rev. Stat. § 330.090(2) — 3 cases
Kumley v. Polk Cnty. Dist. Boundary Bd., 706 P.2d 562 (Or. Ct. App. 1985). “1 ORS 330.090(2) provides that a district boundary board may alter common school district boundaries if it finds that the proposed change: “(a) Will have no substantial adverse effect upon the ability of the districts affected to provide the educational program required by law.”
Messer v. Polk Cnty. Dist. Boundary Bd., 646 P.2d 1369 (Or. Ct. App. 1982). “Petitioners seek review of an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
Messer v. Polk Cnty. Dist. Boundary Bd., 670 P.2d 183 (Or. Ct. App. 1983). “Petitioners appeal for the second time from an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
— Or. Rev. Stat. § 330.090(2)(a) — 1 case
Kumley v. Polk Cnty. Dist. Boundary Bd., 706 P.2d 562 (Or. Ct. App. 1985). “1 ORS 330.090(2) provides that a district boundary board may alter common school district boundaries if it finds that the proposed change: “(a) Will have no substantial adverse effect upon the ability of the districts affected to provide the educational program required by law.”
— Or. Rev. Stat. § 330.090(2)(c) — 2 cases
Messer v. Polk Cnty. Dist. Boundary Bd., 646 P.2d 1369 (Or. Ct. App. 1982). “Petitioners seek review of an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
Messer v. Polk Cnty. Dist. Boundary Bd., 670 P.2d 183 (Or. Ct. App. 1983). “Petitioners appeal for the second time from an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
— Or. Rev. Stat. § 330.090(2)(d) — 1 case
Funk v. Multnomah Educ. Serv. Dist., 717 P.2d 656 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 330.090(2)(e) — 1 case
Messer v. Polk Cnty. Dist. Boundary Bd., 670 P.2d 183 (Or. Ct. App. 1983). “Petitioners appeal for the second time from an order of the Polk County District Boundary Board (Board) denying their petition, pursuant to ORS 330.090, to have their real property transferred from the Perrydale School District to the Dallas School District.”
— Or. Rev. Stat. § 330.090(3) — 5 cases
Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988). “The petition claimed that it was filed under both ORS 330.090 and ORS 330.101(5). The Marion County Boundary Board approved the transfer.”
Cent. Sch. Dist. 13J v. Marion Dist. Boundary Bd., 744 P.2d 284 (Or. Ct. App. 1987). “101(5), or a petition under ORS 330.090, and whether it is approved or not.”
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 744 P.2d 286 (Or. Ct. App. 1987). “On July 21,1986, the Clackamas County District Boundary Board (Clackamas Board) considered that the petition was “in compliance with ORS 330.090,” made the requisite findings under ORS 330.”
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 754 P.2d 926 (Or. Ct. App. 1988). “090(3) provides: “In the manner provided in ORS 330.090 to 330.107, the district boundary board on its own motion or on petition may merge smaller districts into larger districts or alter the boundaries of common or union high school districts.”
Cent. Sch. Dist. 13J v. Marion Cnty. Dist. Boundary Bd., 766 P.2d 413 (Or. Ct. App. 1988). “090(3) provides: “In the manner provided in ORS 330.090 to 330.107, the district boundary board on its own motion or on petition may merge smaller districts into larger districts or alter the boundaries of common or union high school districts.”
— Or. Rev. Stat. § 330.090(4) — 5 cases
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 744 P.2d 286 (Or. Ct. App. 1987). “On July 21,1986, the Clackamas County District Boundary Board (Clackamas Board) considered that the petition was “in compliance with ORS 330.090,” made the requisite findings under ORS 330.”
Sch. Dist. No. 1 v. Multnomah Cnty. Educ. Serv. Dist., 716 P.2d 759 (Or. Ct. App. 1986).
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 754 P.2d 926 (Or. Ct. App. 1988). “090(3) provides: “In the manner provided in ORS 330.090 to 330.107, the district boundary board on its own motion or on petition may merge smaller districts into larger districts or alter the boundaries of common or union high school districts.”
Rural Dell Sch. Dist. v. Bd. of Educ., 775 P.2d 852 (Or. Ct. App. 1989). “080; ORS 330.090(4). Respondents t^ien appealed to the Board, ORS 330.”
Funk v. Multnomah Educ. Serv. Dist., 717 P.2d 656 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 330.090(4)(a) — 1 case
Rural Dell Sch. Dist. v. Bd. of Educ., 775 P.2d 852 (Or. Ct. App. 1989). “080; ORS 330.090(4). Respondents t^ien appealed to the Board, ORS 330.”
— Or. Rev. Stat. § 330.090(4)(b) — 2 cases
Funk v. Multnomah Educ. Serv. Dist., 717 P.2d 656 (Or. Ct. App. 1986).
Rural Dell Sch. Dist. v. Bd. of Educ., 775 P.2d 852 (Or. Ct. App. 1989). “080; ORS 330.090(4). Respondents t^ien appealed to the Board, ORS 330.”
— Or. Rev. Stat. § 330.090(4)(d) — 1 case
Funk v. Multnomah Educ. Serv. Dist., 717 P.2d 656 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 330.090(5) — 1 case
Rural Dell Sch. Dist. v. Bd. of Educ., 775 P.2d 852 (Or. Ct. App. 1989). “080; ORS 330.090(4). Respondents t^ien appealed to the Board, ORS 330.”
— Or. Rev. Stat. § 330.090(8) — 3 cases
Cent. Sch. Dist. 13J v. Marion Dist. Boundary Bd., 744 P.2d 284 (Or. Ct. App. 1987). “101(5), or a petition under ORS 330.090, and whether it is approved or not.”
Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 744 P.2d 286 (Or. Ct. App. 1987). “On July 21,1986, the Clackamas County District Boundary Board (Clackamas Board) considered that the petition was “in compliance with ORS 330.090,” made the requisite findings under ORS 330.”
Rural Dell Sch. Dist. v. Bd. of Educ., 775 P.2d 852 (Or. Ct. App. 1989). “080; ORS 330.090(4). Respondents t^ien appealed to the Board, ORS 330.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.