On May 18 Superintendent of Public Instruction Castillo announced that the two schools would be combined at the OSD and the OSB property would be sold. Some members of the state legislature called into question the Oregon Department of Education's authority in proposing such sweeping changes. But it is unclear as to whether the legislature will intervene in the process or if ODE will be allowed to move forward with their plans for the schools.

Aside from the issue as to the appropriateness of consolidating the schools on one campus, it appears that OSB's prime piece of real estate is a large, if not a missing piece, of the picture. The issue of who really owns the land, who can sell it, and who receives the proceeds has been overshadowed by other concerns.

Both the OSB and OSD have long histories in Oregon and in Salem specifically. At times, they've had their own boards but since 1971 they have been the responsibility of the Oregon Department of Education. Proponents of these schools have faithfully battled consolidation. Since 1983, there have been at least six bills proposed to either close OSB, sell OSB's property, or to consolidate OSD and OSB.

Governor L.F. Grover in 1872 approved legislative action to appropriate $4,000 for "the education of the blind of this state and to provide for the same."  

The school was established in Salem at the home of William Nesbit on February 26, 1873 with one teacher (Miss Nellie Simpson) and two pupils.

It appears to be a long-held community belief that Asahel Bush donated the OSB property in the late 1800s. According to the Salem History Project Web site, "The school operates today on the same eight and one half acres Asahel Bush donated to the state in perpetuity, so long as it was used to provide educational opportunities for the handicapped."
However, there appears to be little proof that Asahel Bush donated this property at all. In fact, a deed dated December 24, 1883 shows that Bush received $1,800 for the property he deeded to "The Board of Directors of the Oregon School for the education of deaf mutes."

The OSB campus now includes this property sold by Bush and OSB has called the area home since 1894.

While the claim that Bush donated the property in perpetuity appears inaccurate, there is conditional language on the deed of the property stipulating that the Board of Directors for the Oregon School of the Deaf may change the location of the school and "use the proceeds thereof for the improvement of such new location."  

This language does not prevent ODE from selling the property as some have claimed, it only requires that any proceeds be used to re-locate.

Regarding the recently proposed merger of the two schools, Superintendent Castillo stated, "The move would be contingent on the sale of the OSB property, generating sufficient funds to make needed changes on the OSD campus. The legislature will need to provide some assistance to allow that the funds would follow the students to the new campus."

The conditional language on the deed to the property underscores ODE's need for assistance from the legislature. ODE can sell the property but doesn't necessarily receive the proceeds unless the legislature makes this possible.  

The "State Schools Study" published by ODE in March states, "A title search for both properties (OSD and OSB) was also requested to assure ODE has clear title to both properties in the event this does move beyond the planning stages."

A footnote to this statement added, "The title search on OSB revealed that additional research is needed to assure clear title to Lot 23 of the OSB campus."  

Questions as to the authority ODE has to co-locate, move the schools, and sell the property arose from legislators, particularly Senator Vicki Walker.

During a May 24 public hearing on ODE's budget bill (HB 5019) Senator Walker stated she had concerns about a budget note included in the 2005 budget that would allow ODE to accomplish the relocation of OSB by just going to the Emergency Board. Ed Dennis, ODE Deputy Superintendent, responded that ODE had done some research on the issue.

"Our understanding and after consultation with legal counsel is that ODE has the authority to move ahead with the co-location, but the budget note represents a desire from the legislature for ODE to come back, communicate, check in," Dennis said. "ODE is okay with the budget note."  

Senator Walker was "surprised by the arrogance displayed in their answer."

After learning that ODE did have authority to co-locate the schools and sell the OSB property without legislative input or approval, Senator Walker added an amendment to HB 2263, ODE's priority bill, to allow ODE only to make recommendations regarding the OSB and OSD property and location, essentially stripping ODE of their authority to manage school operations and the power to decide the fate of the two schools.

Representative Brian Clem had similar concerns about ODE's authority and was particularly concerned when ODE came out with a press release about a decision, not a recommendation.  

"If this is a conversation Oregon needs to have, it needs to happen inside that building (the Capitol Building) with you testifying to the legislature," Clem told advocates at a June 1 rally. Clem has followed the issue closely and is concerned with the lack of a real public process.

"It seems like it was a preordained thing and now there is a lot of maneuvering to make it happen," Clem said. "I believe we will have the ability to stall out backdoor maneuvers and have a real public process. I'm not going to back down and Vicki Walker is not going to back down until there is a public process."

Another concerned stakeholder is the South Central Area Neighbors. Selling the OSB campus for development will require rezoning and thus a public hearing. The OSB campus neighbors a designated historic district known as Gaiety Hill and much of the campus is located in a flood plain, which may make development difficult.  

SCAN has heard rumors that the Salem Hospital wants the property, that Willamette University is interested, and most recently that Western Oregon University is eyeing it for their new nursing school.  

Claudia Howells, President of SCAN, says the neighborhood and surrounding neighborhoods have grave concerns about the property.  

"OSB has been a welcomed and gentle neighbor and a buffer to increasing activity of the hospital and commercialization on 12th and 13th Street. We don't just see this as negative but devastating," said Howells.  

Howells believes that ODE "put the cart before the horse on this one," and noted that she doesn't know of anyone who has vocally expressed support of ODE's plan, an observation supported by Rep. Clem and Neil Kliewer, Former Director of OSB and currently a Commissioner on the Oregon Commission for the Blind.

"I don't remember one person who spoke in favor of ODE's plan (at the hearings)," Kliewer said. "It's not just a piece of property, it's part of the history and culture of many blind people and their families.  There is a feeling that is not taken seriously."
Whether the legislature listens to the many voices raised in protest and steps in more aggressively remains an open question.