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Office of Student Learning & Partnerships

between the resident district and the attending district may be revised.  This is an opinion only, not a legal ruling.   Currently, the inter-district agreement form encourages the attending district to claim the special education student’s attendance and receive the first weight of state school funds, while the resident district reports the student on the annual SECC and receives the second weight state school funds.  It is the AG’s opinion that the state-funding statutes and IDEA 2004 statutes require ODE to distribute all State School Fund moneys and Part B IDEA moneys to the attending district [ORS 327.006(1) and (3) and 327.008(2)].  


Where can I locate an inter-district agreement form?  

Some districts have developed their own forms for transfer agreements.  ODE also provides a sample “ Mutual Agreement for Non-Resident Admission” form online (http://www.ode.state.or.us/data/schoolanddistrict/funding/sped/secc/interdistagree.pdf ).  The Special Education Directors Advisory Committee is currently reviewing the mutual agreement and may revise the form based on the recommendations outlined in the November 22, 2005 Attorney General’s opinion.  

Grants & Contracts

1.   What is the definition of a grant versus a contract?

A grant is a means of providing assistance, with no substantial involvement by the grantor in the program or activity other than activities associated with monitoring compliance with the grant conditions (OAR 137-045-0010).  The LEA or agency may receive either money or property from a grantor for the purpose of supporting or stimulating a program or activity.

A contract is a mechanism for acquiring services, supplies or research for the direct benefit and use of the government.  It is a written agreement between the Agency and the contractor describing rights, obligations and the work to be done between the parties.  It is a binding agreement that the courts will enforce, a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty.  Key components to contracts are mutual assent (offer & acceptance); consideration (compensation); legal purpose; and capacity of the parties (OAR 125-030-0000).  Federal contracts require a contractor’s release at the expiration of the contract.




Financial assistance for public purpose

Procurement of goods and services

Scope of Work

Loosely defined scope of work

Specific, detailed scope of work


Annual progress reports



Final report/publications

Deliverables based and delivery of products or services MUST be


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