(1) A district school board may lease, purchase, construct, reconstruct, improve, repair, equip and furnish a school in another school district and may expend bond proceeds and other funds available to the board for such purposes if the board has the written permission of the district school board of the school district in which the school will be located. The written permission required by this subsection shall be obtained prior to the first day on which students will attend classes in the school.
(2) If a district school board opens a school in another school district and does not obtain the written permission required by subsection (1) of this section, the board of the school district in which the school has been opened may file a complaint with the Superintendent of Public Instruction. Upon receipt of a complaint, the state superintendent shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470. If it is determined that the written permission required by subsection (1) of this section was not obtained, the state superintendent shall withhold the State School Fund grant otherwise allocated to the district that opened the school in another district until the written permission is obtained or until some other date as determined by the state superintendent. [2001 c.169 §2]
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