(1) Any school district that does not offer education programs in kindergarten through grade 12 shall be considered nonstandard under ORS § 327.103. A school district may satisfy the requirements of this section by offering half-day kindergarten or full-day kindergarten.

(2) Notwithstanding subsection (1) of this section, a school district is not considered to be nonstandard under ORS § 327.103 if the school district:

(a) Is not required to merge under section 2 (3) or (4), chapter 393, Oregon Laws 1991.

(b) Meets all of the following requirements:

(A) The school district offered education programs in kindergarten through grade 12 on September 1, 1996;

(B) After September 1, 1996, a majority of the board of the school district voted not to offer education programs in grades 9 through 12; and

(C) The school district merges with a unified school district and the merger takes effect under ORS § 330.103 within one year after the vote of the board under this paragraph.

(c) Is a union high school district, as defined in ORS § 330.005. [1991 c.393 § 3; 1995 c.659 § 2; 1997 c.521 § 13; 2011 c.704 § 4]

327.106 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 327 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.