Current through 2024 Regular Session legislation effective June 6, 2024
Section 341.039 - Formation of community college service district; method to change to community college district(1) A petition submitted pursuant to ORS 341.025 may specify that the proposed district be organized as a community college service district. The formation of a community college service district shall comply with the provisions of ORS 341.025 to 341.125. A petition affecting a territory that, in the judgment of the Director of the Office of Community Colleges and Workforce Development, will not generate an annual enrollment in excess of 1,000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district.(2) If formed, a community college service district shall in all respects be governed by the laws applicable to community college districts with the following exceptions: (a) Notwithstanding ORS 341.675, community college service districts formed on or after July 1, 1997, may not incur bonded indebtedness for any purpose. This limitation shall not be construed to prohibit lease-purchase arrangements or other lawful forms of capital financing. A community college service district may hold and own buildings and grounds acquired through gifts or financing methods authorized by this section.(b) The board of education for a community college service district shall annually review the programs and services of the service district. This review shall have as its purpose a determination of which services can most effectively and economically be delivered directly and which services can best be delivered through contracting arrangements. The direct hiring of faculty and staff is expressly permitted.(3) After having been in operation for at least three years, a community college service district may submit to the electors of the district the question of whether the district shall operate as a community college district.(4) Prior to submitting the question to the electors, the community college service district must have been in operation for three years, and must have secured the approval of the Higher Education Coordinating Commission to hold the election. Before granting approval, the commission must find:(a) The service district has acquired stability as demonstrated by a continuity of management, regularly adopted policies and procedures and adequate financial resources; and(b) The service district has adopted a sound comprehensive plan that sets out the district's instructional and capital plans for five years.Amended by 2015 Ch. 366, § 15, eff. 7/1/2015.Amended by 2013 Ch. 747, § 49, eff. 8/14/2013, op. 7/1/2014.1989 c.261 §3; 1997 c.249 §102; 1997 c.271 §1; 1999 c.21 §67; 1999 c.211 §1341.039 was added to and made a part of ORS chapter 341 by legislative action but was not added to any series therein. See Preface to Oregon Revised Statutes for further explanation.