OAR 581-024-0191: ESD Merger, General Requirements

(1) Two or more ESDs may merge to form one ESD. To merge, each merging ESD must present to the State Board of Education a petition indicating the intent to merge. An ESD may obtain a petition in either of the following two methods: (a) The boards from at least two-thirds of the component school districts in each ESD proposed for merger, representing at least a majority of the students included in the average daily membership of the ESD, must present resolutions to the ESD board supporting the merger. Average daily membership for this purpose must be determined using data from the previous school year; or (b) The ESD boards proposed for merger mutually consent to the merger and by majority vote of each board approve the petition. (2) When the State Board of Education receives from the ESDs that are proposed for merger, petitions for merger that have been approved under either of the methods established in Section 1 of this rule, the State Board must review the petitions. Within 15 days following the State Board meeting when the petitions are reviewed the State Board must determine the date for a public hearing and notify the boards of each ESD proposed for merger of the date of the hearing. (3) The State Board must ensure that notice is provided under the provisions of ORS 330.400. (4) The State Board must ensure that hearings are conducted in each ESD proposed for merger to discuss the proposals contained in the petitions, including the effect of the proposed merger. Any resident of the affected districts may provide testimony on the proposed merger. (5) The Board will review the fiscal and programmatic impact of the proposed merger in determining feasibility as required in section (6) of this rule. (6) Following the hearings, if the State Board determines that the proposed merger is feasible, the Board must order the proposed merger based on the proposals contained in the petitions. (7) The new ESD will come into existence effective May 31 of the year following the order of the State Board issued under section (6) of this rule.