OREGON

Constitutional Clause/Language

“The Legislative Assembly shall provide by law for the establishment of a uniform and general system of Common schools.” Or. Const. art. VIII, s. 3.

Major Court Decision: Olsen v. State, 554 P.2d 139 (Or. 1976)

Result: Financing System Upheld

Summary: The Oregon Supreme Court held that education is not a fundamental right.  The court also determined that the constitutional mandate of a uniform system is met so long as a minimum level of education is being provided to school children.  In Oregon, local control is “constitutionally accentuated,” essentially a well established function of their educational system.

Key Quotes:

“The controlling principles which guide the courts in determining questions of alleged unconstitutional discrimination or class legislation are the same whether it is the equal protection clause of the Fourteenth Amendment of the Constitution of the United States which is invoked, or the privileges and immunities provision in Art. I, s 20 of the Oregon Constitution.”  Id. at 143.  

“Fact that some school districts have less local control than others because of the disparity in the value of the property in the district did not lead to the conclusion that the equal rights clause had been violated by the system of school financing which did not totally deprive the children of the poorest district of an education or of the use of some of the tools and programs believed to enhance education.”  Id. at 147.

“Provision in Oregon Constitution requiring a uniform system of schools is complied with if the State requires and provides for a minimum of educational opportunities in the district and permits the districts to exercise local control over what they desire and can furnish, over the minimum, and provision was not violated by system of school financing over which the amount of money available for education depends upon the value of the property in the individual school districts.” Id. at 149

“In Oregon this emphasis on local control is constitutionally accentuated. Art. XI, s 2, and Art. VI, s 10, of the Oregon Constitution provide for home rule by cities and counties; that is, the voters of the cities and counties can enact their own charters which shall govern on matters of city or county concern.”  Id. at 148.