(1) Any school district that does not offer education programs in kindergarten through grade 12 shall be considered nonstandard under ORS 327.158. 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 327.158 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.