PER CURIAM
The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified.
PER CURIAM
Petitioners seek reconsideration of this court's opinion in Pendleton School Dist. v. State of Oregon, 347 Or 28, 217 P3d 175 (2009) ( Pendleton II). Specifically, petitioners object to the inclusion of a particular sentence in the majority opinion in that case. In that sentence, the majority characterized a part of this court's earlier opinion in Pendleton School Dist. v. State of Oregon, 345 Or 596, 200 P3d 133 (2009) ( Pendleton I) as follows:
"[T]he court also ruled that the provision in Article VIII, section 8, [of the Oregon Constitution,] contemplating a report from the legislature explaining its failure to fund education at the required level (when and if that was the case) is a permissible constitutional alternative to following the constitutional mandate [requiring a certain level of educational funding]."
Pendleton II, 347 Or at 32-22 (summarizing outcome in
Pendleton I). Petitioners assert that the foregoing sentence is a misstatement of a part of the holding in
Pendleton I, and that it should be revised.
Petitioners are correct. The challenged sentence does inadvertently misstate a part of the court's holding in Pendleton I. We therefore withdraw the sentence and insert in its place the sentence set out below. The substituted sentence is not the precise one requested by petitioners, but we believe that it preserves the legal point that they make.
The substituted sentence is as follows:
"However, the court also ruled that the provision in Article VIII, section 8, contemplating a report from the legislature explaining its failure to fund education at the required level (when and if that was the case) prevented the court from enjoining the legislature to provide the constitutionally mandated level of funding."
See Pendleton I, 345 Or at 611 (declaration or injunction of kind sought by petitioners "would not be consistent with the reporting requirement").
The petition for reconsideration is allowed. The former opinion is modified and adhered to as modified.