Oregon Revised Statutes

Or. Rev. Stat. § 330.101 (2026)

Notice; order; remonstrance; election

✓ current as of May 2026

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330.101 Notice; order; remonstrance; election. (1) Before the proposed change or merger is ordered, the district boundary board shall give notice in the manner provided in ORS 330.400 of the proposed change or merger and the session of the board at which it will be ordered. If no remonstrance petition on the change or merger is submitted requiring an election as provided in subsection (2) of this section, the board shall issue an order that the change or merger shall become effective as provided in ORS 330.103. The remonstrance petition is subject to ORS 332.118. However, the boundary board shall not issue an order until all affected boundary boards have had opportunity to consider the proposed change or merger.

(2) If a remonstrance petition on a proposed change or merger signed by at least five percent or at least 500, whichever is less, of the electors of a school district affected by the proposed change or merger is filed with the district boundary board within 20 days after the date of the order to effect the proposed change or merger, and when all district boundary boards have acted on the change or merger as provided in ORS 330.095 (3), the board shall submit the question of the proposed change or merger to the electors of each affected school district from which a remonstrance petition was filed, with the district boundary board acting as the district elections authority on behalf of the school districts. Separate elections shall be held in sequence in the districts from which remonstrance petitions have been filed, commencing with the least populous district and progressing in order of population to the most populous district. If the majority of votes in each election favor the change or merger, an election shall be held in the next most populous district. The cost of an election on a proposed boundary change or merger shall be prorated between or among the district school boards involved in accordance with ORS 255.305.

(3) If the majority of votes cast in any affected district oppose the change or merger, the change or merger shall be defeated, and the same or a substantially similar change or merger shall not be ordered until 12 months have elapsed from the date of the election at which the change or merger was defeated, unless otherwise required by law. If the vote is favorable in all remonstrating districts, the district boundary board shall declare the change or merger effective as provided in ORS 330.103 and issue an order without further elections.

(4) For any school district merger that is initiated as described in ORS 327.161 (2)(b), no remonstrance petition or election shall be allowed.

(5) When a unified elementary district with an average daily membership of greater than 50 that has, prior to the merger, paid tuition for the majority of its high school students to attend an out-of-state high school merges with a district that provides education in kindergarten and grades 1 through 12, the following shall apply after the merger:

(a) The students who reside in the former unified elementary district shall be authorized to attend the out-of-state high school that the majority of the high school students of the unified elementary district were attending during the 1992-1993 school year;

(b) The merged district shall pay tuition for the students described in paragraph (a) of this subsection but not in an amount greater than the district’s average expenditure for high school students; and

(c) The parents of a student who wish the student to attend the out-of-state high school must agree to pay the difference, if any, between what the district is authorized to pay as tuition under paragraph (b) of this subsection and the amount of tuition charged by the out-of-state high school. [1965 c.100 §76 (330.101 enacted in lieu of 330.100); 1965 c.244 §1; 1965 c.621 §5; 1967 c.313 §1; 1967 s.s. c.8 §4; 1975 c.326 §3; 1979 c.772 §19; 1983 c.83 §48; 1983 c.284 §10; 1983 c.350 §140; 1985 c.364 §2; 1989 c.819 §5; 1991 c.13 §1; 1991 c.167 §10; 1993 c.136 §3; 1993 c.329 §2; 1997 c.521 §14; 2005 c.209 §17; 2011 c.704 §12]

Notes of Decisions

Cited in 11 cases, 1966–2000 · leading case: Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988).

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Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988). · cites it 8× “The filing of a final order is jurisdictional for purposes of review and cannot be waived.”

Cent. Sch. Dist. 13J v. Marion Dist. Boundary Bd., 744 P.2d 284 (Or. Ct. App. 1987). · cites it 7× “101(6) (review of action taken under ORS 330.101(1) to (5) is by petition for judicial review as in a contested case).”

Sherwood Sch. Dist. 88J v. Washington Cnty. Educ. Serv. Dist., 6 P.3d 518 (Or. Ct. App. 2000). · cites it 3× ““(2) Notwithstanding ORS 330.101 [requiring notice and opportunity to remonstrate against proposed boundary changes], for any minor boundary change for a school district approved as required by this section, no remonstrance petition or election shall be allowed.”

Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 744 P.2d 286 (Or. Ct. App. 1987). · cites it 15× “The words “this section” must refer to the first five subsections of ORS 330.101. “This section” cannot refer to subsection (6), which relates solely to judicial review.”

Union High Sch. Dist. No. 1 v. Linn Cnty. Dist. Boundary Bd., 416 P.2d 656 (Or. 1966). “2) pursuant to ORS 330.101. Without expressly making findings as to what effect the proposed boundary change would have on the area and districts affected by the proposed change, and with knowledge that the said remonstrances had been filed, the District Boundary Board directed…”

Kumley v. Polk Cnty. Dist. Boundary Bd., 706 P.2d 562 (Or. Ct. App. 1985). “482; ORS 330.101(6). It denied their petition to transfer a portion of farm property that they owned or occupied from the Perrydale School District in Polk County to the Sheridan School District in Yamhill County.”

Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 754 P.2d 926 (Or. Ct. App. 1988). · cites it 3× “The second is a petition, pursuant to ORS 330.101 (5), 2 signed by 100 percent of the owners of, and 100 *303 percent of the electors residing on, the subject property.”

Cent. Sch. Dist. 13J v. Marion Cnty. Dist. Boundary Bd., 766 P.2d 413 (Or. Ct. App. 1988). · cites it 8× “090(3): “There are two methods by which individuals may initiate a school district boundary change: a petition filed under ORS 330.101(5) (‘double 100 percent petition’) or a petition filed under ORS 330.”

Messer v. Polk Cnty. Dist. Boundary Bd., 646 P.2d 1369 (Or. Ct. App. 1982). “* ****?? *49 Review of the action of the Board is provided in ORS 330.101(6): “Judicial review of an action taken under this section shall be by the Court of Appeals in the manner provided in ORS 183.”

Messer v. Polk Cnty. Dist. Boundary Bd., 670 P.2d 183 (Or. Ct. App. 1983). “We need not reach that question, because the record does not support the Board’s finding that the Fasts were motivated solely by tax concerns in joining in the petition.”

Funk v. Multnomah Educ. Serv. Dist., 717 P.2d 656 (Or. Ct. App. 1986). “…at best whether the 1966 decision in Linn Boundary Bd. is viable under the current Administrative Procedures Act. See ORS 330.101(6).”

— Or. Rev. Stat. § 330.101(1) — 2 cases

Cent. Sch. Dist. 13J v. Marion Dist. Boundary Bd., 744 P.2d 284 (Or. Ct. App. 1987). “101(6) (review of action taken under ORS 330.101(1) to (5) is by petition for judicial review as in a contested case).”

Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 744 P.2d 286 (Or. Ct. App. 1987). “The words “this section” must refer to the first five subsections of ORS 330.101. “This section” cannot refer to subsection (6), which relates solely to judicial review.”

— Or. Rev. Stat. § 330.101(2) — 2 cases

Sherwood Sch. Dist. 88J v. Washington Cnty. Educ. Serv. Dist., 6 P.3d 518 (Or. Ct. App. 2000). ““(2) Notwithstanding ORS 330.101 [requiring notice and opportunity to remonstrate against proposed boundary changes], for any minor boundary change for a school district approved as required by this section, no remonstrance petition or election shall be allowed.”

Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988). “The filing of a final order is jurisdictional for purposes of review and cannot be waived.”

— Or. Rev. Stat. § 330.101(5) — 5 cases

Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988). “The filing of a final order is jurisdictional for purposes of review and cannot be waived.”

Butte Creek Sch. Dist. No. 67J v. Clackamas Cnty. Dist. Boundary Bd., 754 P.2d 926 (Or. Ct. App. 1988). “The second is a petition, pursuant to ORS 330.101 (5), 2 signed by 100 percent of the owners of, and 100 *303 percent of the electors residing on, the subject property.”

Cent. Sch. Dist. 13J v. Marion Cnty. Dist. Boundary Bd., 766 P.2d 413 (Or. Ct. App. 1988). “090(3): “There are two methods by which individuals may initiate a school district boundary change: a petition filed under ORS 330.101(5) (‘double 100 percent petition’) or a petition filed under ORS 330.”

— Or. Rev. Stat. § 330.101(6) — 8 cases

Cent. Sch. Dist. 13J v. State Bd. of Educ., 754 P.2d 923 (Or. Ct. App. 1988). “The filing of a final order is jurisdictional for purposes of review and cannot be waived.”

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.