Chapter 335 — High Schools

 

2023 EDITION

 

 

HIGH SCHOOLS

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

335.090     School districts responsible for high school education; levy

 

335.095     Levy of taxes in school districts for high school purposes

 

UNION HIGH SCHOOLS

 

(Generally)

 

335.210     General school laws applicable

 

335.290     Change in common districts not to affect union high school districts

 

335.465     Contracts with common school districts

 

(Lengthening Course of Study)

 

335.482     Definitions for ORS 335.495 to 335.505

 

335.490     Extension of union high school course of study

 

335.495     Election to lengthen course; ballot title if single district would result

 

335.500     Procedure after election to lengthen course; effective date of change

 

335.502     Cost of educating elementary pupils after course lengthened to include elementary grades

 

335.505     Transformation of union high school district into common school district; continued existence of part of split district; effect on employees

 

(Adding Districts)

 

335.525     Effect of election to add districts to union high school district

 

335.005 [Amended by 1957 c.310 §16; repealed by 1965 c.100 §456]

 

      335.010 [Repealed by 1965 c.100 §456]

 

      335.015 [Repealed by 1965 c.100 §456]

 

      335.020 [Repealed by 1965 c.100 §456]

 

      335.025 [Repealed by 1965 c.100 §456]

 

      335.030 [Repealed by 1965 c.100 §456]

 

      335.035 [Repealed by 1965 c.100 §456]

 

      335.040 [Repealed by 1965 c.100 §456]

 

      335.045 [Repealed by 1965 c.100 §456]

 

      335.050 [Repealed by 1965 c.100 §456]

 

      335.055 [Repealed by 1965 c.100 §456]

 

      335.060 [Repealed by 1965 c.100 §456]

 

      335.065 [Repealed by 1965 c.100 §456]

 

      335.070 [Repealed by 1965 c.100 §456]

 

      335.075 [Repealed by 1965 c.100 §456]

 

      335.080 [Repealed by 1965 c.100 §456]

 

      335.085 [Repealed by 1965 c.100 §456]

 

GENERAL PROVISIONS

 

      335.090 School districts responsible for high school education; levy. (1) The high school education of all children of school age resident within a school district that does not operate a high school or that is not a component part of a union high school district shall be the responsibility of the district.

      (2) The district shall pay the tuition of all pupils resident within the district who are qualified to attend and are attending a standard public high school either within or outside the state.

      (3) The district shall provide for transportation to the nearest standard public high school which pupils may attend. Reasonable board and room may be furnished instead of transportation if desired. If the district arranges for the attendance of pupils at a standard public high school other than the nearest one pupils may attend, then the district shall provide for transportation to the standard public high school which the pupils are attending.

      (4) The estimated cost of tuition and transportation or board and room instead of transportation shall be included in and be a part of the budget and shall be levied as provided in ORS 335.095. [1955 c.674 §3; 1957 c.583 §2; 1961 c.688 §1; 1963 c.158 §1; 1965 c.100 §212; 1993 c.45 §66; 2003 c.226 §15]

 

      335.095 Levy of taxes in school districts for high school purposes. The amounts required to meet the expenses of a school district under ORS 335.090 shall be certified to the county assessor separately. No tax shall be levied for the purposes of ORS 335.090 against property included in a union high school district. [1961 c.688 §2; 2003 c.226 §16]

 

      335.105 [1991 c.440 §1; repealed by 2011 c.313 §25]

 

      335.125 [1991 c.693 §22; renumbered 329.455 in 1993]

 

      335.140 [1991 c.693 §20; renumbered 329.465 in 1993]

 

      335.150 [1991 c.693 §25; renumbered 329.475 in 1993]

 

      335.160 [1991 c.693 §21; renumbered 329.485 in 1993]

 

      335.170 [1991 c.693 §29; renumbered 329.495 in 1993]

 

      335.180 [1991 c.693 §27; renumbered 329.505 in 1993]

 

      335.205 [Repealed by 1965 c.100 §456]

 

UNION HIGH SCHOOLS

 

(Generally)

 

      335.210 General school laws applicable. All applicable laws governing common school districts apply to union high school districts. [Amended by 1965 c.100 §213; 1975 c.770 §45]

 

      335.215 [Repealed by 1965 c.100 §456]

 

      335.220 [Amended by 1957 c.310 §17; repealed by 1965 c.100 §456]

 

      335.225 [Repealed by 1965 c.100 §456]

 

      335.230 [Repealed by 1965 c.100 §456]

 

      335.235 [Amended by 1957 c.310 §18; repealed by 1965 c.100 §456]

 

      335.240 [Repealed by 1965 c.100 §456]

 

      335.245 [Repealed by 1965 c.100 §456]

 

      335.250 [Repealed by 1965 c.100 §456]

 

      335.255 [Amended by 1957 c.310 §19; repealed by 1965 c.100 §456]

 

      335.260 [Repealed by 1965 c.100 §456]

 

      335.265 [Repealed by 1965 c.100 §456]

 

      335.270 [Repealed by 1965 c.100 §456]

 

      335.275 [Repealed by 1965 c.100 §456]

 

      335.280 [Repealed by 1965 c.100 §456]

 

      335.285 [Repealed by 1965 c.100 §456]

 

      335.290 Change in common districts not to affect union high school districts. The creation of a common school district out of territory included in a union high school district, or the changing of boundaries of any common school district included in a union high school district does not affect the union high school district. [Amended by 1965 c.100 §214]

 

      335.295 [Repealed by 1965 c.100 §456]

 

      335.300 [Repealed by 1965 c.100 §456]

 

      335.305 [Amended by 1957 c.310 §20; repealed by 1965 c.100 §456]

 

      335.310 [Repealed by 1965 c.100 §456]

 

      335.315 [Repealed by 1965 c.100 §456]

 

      335.320 [Repealed by 1965 c.100 §456]

 

      335.325 [Amended by 1957 c.310 §21; repealed by 1965 c.100 §456]

 

      335.330 [Repealed by 1965 c.100 §456]

 

      335.335 [Repealed 1965 c.100 §456]

 

      335.338 [Amended by 1957 c.310 §22; repealed by 1961 c.522 §9]

 

      335.340 [Amended by 1955 c.535 §1; repealed by 1961 c.522 §9]

 

      335.342 [Amended by 1955 c.535 §2; repealed by 1961 c.522 §9]

 

      335.344 [Amended by 1955 c.535 §3; repealed by 1961 c.522 §9]

 

      335.346 [1955 c.535 §4; repealed by 1961 c.522 §9]

 

      335.348 [Amended by 1957 c.310 §23; repealed by 1961 c.522 §9]

 

      335.350 [Repealed by 1961 c.522 §9]

 

      335.353 [1961 c.522 §5; repealed by 1965 c.100 §456]

 

      335.355 [Repealed by 1965 c.100 §456]

 

      335.360 [Repealed by 1965 c.100 §456]

 

      335.365 [Repealed by 1965 c.100 §456]

 

      335.370 [Repealed by 1965 c.100 §456]

 

      335.375 [Repealed by 1965 c.100 §456]

 

      335.380 [Repealed by 1965 c.100 §456]

 

      335.385 [Repealed by 1965 c.100 §456]

 

      335.390 [Repealed by 1965 c.100 §456]

 

      335.400 [Repealed by 1965 c.100 §456]

 

      335.405 [Amended by 1959 c.456 §1; repealed by 1965 c.100 §456]

 

      335.410 [Repealed by 1965 c.100 §456]

 

      335.415 [Repealed by 1965 c.100 §456]

 

      335.420 [Repealed by 1965 c.100 §456]

 

      335.425 [Repealed by 1965 c.100 §456]

 

      335.430 [Amended by 1955 c.460 §1; 1957 c.622 §9; repealed by 1965 c.100 §456]

 

      335.435 [Amended by 1963 c.544 §41; repealed by 1965 c.100 §456]

 

      335.440 [Repealed by 1965 c.100 §456]

 

      335.445 [Repealed by 1965 c.100 §456]

 

      335.450 [Amended by 1953 c.147 §3; repealed by 1965 c.100 §456]

 

      335.455 [Repealed by 1965 c.100 §456]

 

      335.460 [Repealed by 1965 c.100 §456]

 

      335.465 Contracts with common school districts. The union high school board may for high school purposes contract with a common school district board for the use of any property belonging to the common school district and may purchase an undivided interest in the property of a common school district for the purpose of operating a high school thereon. [Amended by 1965 c.100 §215]

 

      335.470 [Repealed by 1965 c.100 §456]

 

      335.475 [Repealed by 1965 c.100 §456]

 

      335.480 [Repealed by 1965 c.100 §456]

 

(Lengthening Course of Study)

 

      335.482 Definitions for ORS 335.495 to 335.505. As used in ORS 335.495 to 335.505:

      (1) “Component school district” means a common school district lying wholly or partly inside the boundaries of a union high school district.

      (2) “Split school district” means a component school district lying partly inside and partly outside the boundaries of a union high school district or an elementary district where students attend two or more union high school districts upon completing either the sixth or eighth grades. [1967 c.106 §5; 1987 c.195 §4; 1993 c.45 §69]

 

      335.485 [Repealed by 1965 c.100 §456]

 

      335.490 Extension of union high school course of study. (1) Except as otherwise provided in subsection (2) of this section, any union high school district may, when authorized by the electors of the district, extend the course of study in the district to include five years above the seventh grade or six years above the sixth grade, and in like descending order may extend its course to include kindergarten or any or all grades of the schools in the union high school district in the manner provided in ORS 335.495 to 335.505. The decision to vote the course of study down to include kindergarten shall include, upon request of district electors or the district school board, a decision on whether, in the case of a board consisting of five members, the number of members of the board shall be increased to seven members.

      (2) No union high school district shall extend the course of study in the union high school district unless such course of study is extended to include kindergarten and grades 1 through 12, of the schools in the union high school district.

      (3) When a union high school district extends the course of study, the extension applies to all component school districts lying wholly within the union high school district. [Amended by 1965 c.100 §216; 1967 c.106 §1; 1987 c.195 §2; 1993 c.45 §70; 1993 c.329 §5; 1997 c.521 §20]

 

      335.495 Election to lengthen course; ballot title if single district would result. (1) Any union high school board may, or shall upon petition of 100 electors of the district, submit to the electors of the district the question of lengthening the course of study in the district. The petition is subject to ORS 332.118. The election shall be held at the next date under ORS 255.345 by which the requirements for the election can be met.

      (2) ORS chapter 255 governs the conduct of an election under this section. If a union high school district contains a split district, the electors from the split district shall not participate in an election under this section.

      (3) If the result of the election to lengthen the course of study includes all grades within one single district, the ballot title must include a statement that the effect of an affirmative vote is that the component common and union high school districts shall be merged and only one common school district shall operate in the area in which the election is held. The ballot title must also list all affected school districts by name and district number, and specify which of those districts will be merged pursuant to ORS 335.505 if the measure is approved. The listing of affected school districts by name and district number shall not be considered part of the ballot title for the purpose of determining the number of words permitted under ORS 250.035.

      (4) The union high school board may submit to the electors of the district the question of distribution of existing bonded debt. [Amended by 1957 c.310 §24; 1965 c.100 §217; 1967 c.106 §2; 1979 c.131 §1; 1983 c.83 §70; 1983 c.284 §13; 1983 c.350 §190; 1987 c.195 §3; 1993 c.136 §5; 1993 c.329 §6]

 

      335.500 Procedure after election to lengthen course; effective date of change. (1) If the union high school board determines that a majority of votes cast in the union high school district at an election under ORS 335.495 are for the proposal to lengthen the course of study, it shall:

      (a) Declare the proposal carried and certify the result to the district boundary board; and

      (b) Submit to the Department of Education the complete course of study in the district.

      (2) The lengthened course of study shall become effective the July 1 next following approval of the course by the State Board of Education. [Amended by 1957 c.310 §25; 1965 c.100 §218; 1967 c.103 §1; 1983 c.350 §191; 1989 c.491 §22; 1993 c.329 §7]

 

      335.502 Cost of educating elementary pupils after course lengthened to include elementary grades. Whenever the course of study in a union high school district is extended to include grades below the ninth grade, the union high school district shall be responsible for providing for the education of the pupils in the included grades and the cost of educating such pupils shall be included in the union high school district budget and not in the budgets of the component common school districts. [1953 c.390 §1; 1965 c.100 §219]

 

      335.505 Transformation of union high school district into common school district; continued existence of part of split district; effect on employees. (1) Notwithstanding any other statute, whenever kindergarten and grades 1 through 12 of the common schools within the union high school district come under the jurisdiction of the union high school board or whenever as a result of merger or boundary change the area within the boundaries of the union high school district becomes a single component school district having boundaries coterminous with the union high school district, the union high school district and its component districts other than split districts are to be considered merged and the area within the boundaries of the union high school district, excluding that part of any split school district that is within the boundaries, becomes a common school district responsible for educating children in kindergarten and grades 1 through 12 and all territory therein is withdrawn from any other type of school district except the education service district or the community college district of which it may have been a part.

      (2) The union high school board shall continue as the board of the district. If the board is increased to seven members as part of the vote to lengthen the course of study or the merger proposal, the board shall appoint the two additional members in the manner prescribed for filling vacancies under ORS 332.030 (4), except that the board shall establish by lot the terms of office of the appointed members at less than an initial four-year term.

      (3) The terms of all board members in all component school districts other than split school districts shall terminate at the time the union high school board becomes the district school board.

      (4) All property and obligations of the component school districts other than split school districts shall become the property and obligations of the new common school district except to the extent that it was otherwise provided when such district is formed by merger.

      (5) Whenever at the time a new common school district is formed as provided in subsection (1) of this section, if any component school district is a split school district, such district shall continue to exist and shall become responsible for education in kindergarten and grades 1 through 12 for students resident in the split district.

      (6) No school district employee shall be deprived of seniority or accumulated sick leave solely because the duties of the employee have been assumed or acquired by another school district as a result of lengthening the course of study.

      (7) As used in this section, “property and obligations” includes all contractual obligations, employment and service contracts, collective bargaining agreements and district assets and liabilities. [Amended by 1965 c.100 §220; 1967 c.106 §3; 1975 c.770 §46; 1983 c.350 §192; 1987 c.195 §1; 1993 c.45 §71; 1993 c.329 §8; 1995 c.258 §9]

 

      335.515 [1967 c.103 §3; 1983 c.350 §193; 1991 c.67 §82; 1991 c.167 §22; 1993 c.45 §72; 1995 c.607 §74; repealed by 2011 c.313 §25]

 

(Adding Districts)

 

      335.525 Effect of election to add districts to union high school district. In an election to add districts to a union high school district, if the district boundary board determines that the proposition carried in the union high school district by a majority of votes cast, and also carried in one or more of the common school districts by a majority of the votes cast in each district, it shall declare the proposition carried as to those common school districts only in which the proposition prevailed, and shall immediately proceed to change the boundaries of the union high school district to include those districts desiring to be added thereto. [1989 c.819 §7]

 

      335.605 [Repealed by 1957 c.583 §1]

 

      335.610 [Repealed by 1957 c.583 §1]

 

      335.615 [Repealed by 1957 c.583 §1]

 

      335.620 [Repealed by 1957 c.583 §1]

 

      335.625 [Repealed by 1957 c.583 §1]

 

      335.630 [Repealed by 1957 c.583 §1]

 

      335.635 [Repealed by 1957 c.583 §1]

 

      335.640 [Repealed by 1957 c.583 §1]

 

      335.645 [Repealed by 1957 c.583 §1]

 

      335.650 [Repealed by 1957 c.583 §1]

 

      335.655 [Repealed by 1957 c.583 §1]

 

      335.660 [Repealed by 1957 c.583 §1]

 

      335.665 [Repealed by 1957 c.583 §1]

 

      335.670 [Repealed by 1957 c.583 §1]

 

      335.675 [Repealed by 1957 c.583 §1]

 

      335.680 [Repealed by 1957 c.583 §1]

 

      335.685 [Repealed by 1957 c.583 §1]

 

      335.705 [Repealed by 1969 c.585 §3]

 

      335.710 [Repealed by 1969 c.585 §3]

 

      335.715 [Repealed by 1977 c.474 §3]

 

      335.720 [Repealed by 1969 c.585 §3]

 

      335.725 [Amended by 1967 c.67 §5; repealed by 1969 c.585 §3]

 

      335.730 [Repealed by 1969 c.585 §3]

 

      335.735 [Amended by 1965 c.239 §1; repealed by 1969 c.585 §3]

 

      335.740 [Repealed by 1969 c.585 §3]

 

      335.745 [Amended by 1963 c.544 §42; repealed by 1969 c.585 §3]

 

      335.750 [Amended by 1965 c.172 §6; repealed by 1969 c.585 §3]

 

      335.755 [Repealed by 1969 c.585 §3]

 

      335.760 [Repealed by 1969 c.585 §3]

 

      335.765 [Repealed by 1969 c.585 §3]

 

      335.770 [Repealed by 1969 c.585 §3]

 

      335.775 [Repealed by 1969 c.585 §3]

 

      335.780 [Repealed by 1969 c.585 §3]

 

      335.785 [Repealed by 1969 c.585 §3]

 

      335.790 [Repealed by 1969 c.585 §3]

 

      335.795 [Repealed by 1969 c.585 §3]

 

      335.800 [Amended by 1963 c.576 §42; repealed by 1969 c.585 §3]

 

      335.805 [Repealed by 1969 c.585 §3]

 

      335.810 [Repealed by 1969 c.585 §3]

 

      335.815 [Repealed by 1969 c.585 §3]

 

      335.820 [Repealed by 1969 c.585 §3]

 

      335.825 [Repealed by 1969 c.585 §3]

 

      335.830 [Repealed by 1969 c.585 §3]

 

      335.835 [Repealed by 1969 c.585 §3]

 

      335.840 [Repealed by 1969 c.585 §3]

 

      335.845 [Amended by 1963 c.544 §43; repealed by 1969 c.585 §3]

 

      335.850 [Repealed by 1969 c.585 §3]

 

      335.905 [Repealed by 1957 c.723 §1 (335.906 enacted in lieu of 335.905)]

 

      335.906 [1957 c.723 §2 (enacted in lieu of 335.905); repealed by 1959 c.641 §38]

 

      335.908 [1957 c.723 §14; repealed by 1959 c.641 §38]

 

      335.910 [Amended by 1957 c.723 §3; repealed by 1959 c.641 §38]

 

      335.915 [Amended by 1957 c.723 §4; repealed by 1959 c.641 §38]

 

      335.920 [Amended by 1957 c.723 §5; repealed by 1959 c.641 §38]

 

      335.925 [Amended by 1957 c.723 §6; repealed by 1959 c.641 §38]

 

      335.930 [Amended by 1957 c.723 §7; repealed by 1959 c.641 §38]

 

      335.935 [Amended by 1957 c.723 §8; repealed by 1959 c.641 §38]

 

      335.938 [1957 c.723 §12; repealed by 1959 c.641 §38]

 

      335.940 [Amended by 1957 c.723 §9; repealed by 1959 c.641 §38]

 

      335.945 [Amended by 1957 c.723 §10; repealed by 1959 c.641 §38]

 

      335.949 [1957 c.723 §13; repealed by 1959 c.641 §38]

 

      335.950 [Repealed by 1957 c.723 §28]

 

      335.962 [1957 c.723 §15; repealed by 1959 c.641 §38]

 

      335.964 [1957 c.723 §16; repealed by 1959 c.641 §38]

 

      335.966 [1957 c.723 §17; repealed by 1959 c.641 §38]

 

      335.968 [1957 c.723 §18; repealed by 1959 c.641 §38]

 

      335.970 [1957 c.723 §19; repealed by 1959 c.641 §38]

 

      335.972 [1957 c.723 §20; repealed by 1959 c.641 §38]

 

      335.974 [1957 c.723 §22; repealed by 1959 c.641 §38]

 

      335.976 [1957 c.723 §21; repealed by 1959 c.641 §38]

 

      335.978 [1957 c.723 §23; repealed by 1959 c.641 §38]

 

      335.980 [1957 c.723 §24; repealed by 1959 c.641 §38]

 

      335.982 [1957 c.723 §25; repealed by 1959 c.641 §38]

 

      335.984 [1957 c.723 §26; repealed by 1959 c.641 §38]

 

      335.986 [1957 c.723 §27; repealed by 1959 c.641 §38]

 

      335.990 [Amended by 1961 c.522 §8; repealed by 1965 c.100 §456]

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