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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 326 State Administration of Education
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In establishing policy for the administration and
operation of the public elementary and secondary schools and public
community colleges in the State of Oregon and in carrying out its duties
as prescribed by law, the State Board of Education shall consider the
goals of modern education, the requirements of a sound, comprehensive
curriculum best suited to the needs of the students and the public and
any other factors consistent with the maintenance of a modern and
efficient elementary and secondary school system and community college
program. [1965 c.100 §1; 1971 c.513 §8](1) The State Board of Education
shall consist of seven members, appointed by the Governor for a term of
four years beginning July 1 of the year of appointment, subject to
confirmation by the Senate in the manner provided in ORS 171.562 and
171.565. No person may be appointed to serve consecutively more than two
full terms as a board member.
(2) In making appointments under subsection (1) of this section,
the Governor shall select from residents of Oregon one member from each
congressional district and the remainder from the state at large. No
member shall be engaged in teaching or participate in the administration
or operation of any school.
(3) The Governor may remove members of the State Board of Education
for cause at any time after notice and public hearing. [1965 c.100 §3
(enacted in lieu of 326.060); 1969 c.695 §4; 1971 c.485 §1; 1985 c.565
§56; 1993 c.45 §2] Appointments made to fill vacancies occurring
prior to expiration of a term shall be for the remainder of the unexpired
term. When a vacancy occurs in an appointment made from a congressional
district, the successor shall be appointed from the congressional
district for which the vacancy exists. [1965 c.100 §4; 1985 c.565 §57](1) The State Board of Education shall meet at least six
times each year on dates determined by the board, and at such other times
as may be designated by the chairperson agreeable to a majority of the
board, or at the call of a majority of the board members.
(2) The board shall elect one of its members to serve as
chairperson of the board for one year commencing July 1. In case the
office of chairperson of the board is permanently vacated for any reason,
the board may elect a new chairperson to serve until the June 30 next
following.
(3) A member is entitled to compensation and expenses as provided
in ORS 292.495. [1965 c.100 §5; 1967 c.507 §3; 1969 c.314 §21; 1971 c.656
§1; 1987 c.474 §1; 1993 c.15 §1; 1993 c.45 §3]
Subject to ORS 417.300 and 417.305:
(1) In addition to such other duties as are prescribed by law and
pursuant to the requirement of ORS chapter 183, the State Board of
Education shall:
(a) Establish state standards for public kindergartens and public
elementary and secondary schools consistent with the policies stated in
ORS 326.011.
(b) Adopt rules for the general governance of public kindergartens
and public elementary and secondary schools and public community colleges.
(c) Prescribe required or minimum courses of study.
(d) Adopt rules regarding school and interscholastic activities in
accordance with standards established pursuant to paragraph (f) of this
subsection.
(e) Adopt rules that provide that no public elementary or secondary
school shall discriminate in determining participation in interscholastic
activities. As used in this paragraph, “discrimination” has the meaning
given that term in ORS 659.850.
(f) Adopt standards applicable to voluntary organizations that
administer interscholastic activities as provided in ORS 339.430.
(g) Adopt rules that will eliminate the use and purchase of
elemental mercury, mercury compounds and mercury-added instructional
materials by public elementary and secondary schools.
(2) The State Board of Education may:
(a) Consistent with the laws of this state, accept money or
property not otherwise provided for under paragraph (b) of this
subsection, which is donated for the use or benefit of the public
kindergartens and public elementary and secondary schools and public
community colleges and use such money or property for the purpose for
which it was donated. Until it is used, the board shall deposit any money
received under this paragraph in a special fund with the State Treasurer
as provided in ORS 293.265 to 293.275.
(b) Apply for federal funds and accept and enter into any contracts
or agreements in behalf of the state for the receipt of such funds from
the federal government or its agencies for educational purposes,
including but not limited to any funds available for the school lunch
program, for career education purposes, for professional technical
educational purposes, for adult education, for manpower programs and any
grants available to the state or its political subdivisions for general
federal aid for public kindergartens and public elementary and secondary
schools and public community colleges and their auxiliary services,
improvement of teacher preparation, teacher salaries, construction of
school buildings, administration of the Department of Education and any
other educational activities under the jurisdiction of the State Board of
Education.
(c) Adopt rules to administer the United States Department of
Agriculture’s National School Lunch Program and School Breakfast Program
for public and private prekindergarten through grade 12 schools and
residential child care facilities.
(3) The State Board of Education shall provide a separate,
identifiable place on its agenda six times a year for community college
issues. The state board may also consider matters affecting community
colleges at any regular or special meeting. [1965 c.100 §6; 1965 c.519
§14; 1967 c.67 §24; 1969 c.284 §1; 1971 c.513 §9; 1973 c.707 §1; 1975
c.459 §1; 1975 c.605 §17a; 1981 c.91 §1; 1987 c.404 §2; 1987 c.474 §2;
1989 c.834 §§12,13; 1993 c.45 §§5,6; 2001 c.530 §1; 2003 c.14 §146; 2003
c.151 §1](1) The State Board of Education shall cooperate with the
Education and Workforce Policy Advisor in the development of a state
comprehensive education plan including elementary, secondary and
community college education and in review of the board’s programs and
budget. The board shall submit in timely fashion to the advisor such data
as is appropriate in a form prescribed by the advisor.
(2) The board shall cooperate with the mediation process
administered by the Oregon Student Assistance Commission pursuant to ORS
348.603 and, if a negotiated resolution cannot be reached by mediation,
comply with the decisions of the commission regarding proposed new
post-secondary programs and proposed new post-secondary locations. [1975
c.553 §8; 1993 c.45 §11; 1997 c.652 §20]DEPARTMENT OF EDUCATION (1) The
Department of Education is created and shall function under the direction
and control of the State Board of Education with the Superintendent of
Public Instruction serving as an administrative officer for public school
matters.
(2) The Department of Education shall consist of:
(a) Agencies and officers that are added by law to the Department
of Education; and
(b) The administrative organizations and staffs required for the
performance of the department’s functions.
(3) All administrative functions of the State Board of Education
shall be exercised through the Department of Education, and the
department shall exercise all administrative functions of the state
relating to supervision, management and control of schools not conferred
by law on some other agency. [1965 c.100 §10; 1967 c.552 §22; 1989 c.491
§2; 1991 c.757 §1; 1991 c.886 §2; 1993 c.45 §12; 1999 c.39 §3; 2005 c.209
§3]Note: Sections 1 and 3, chapter 589, Oregon Laws 2005, provide:
Sec. 1. Workforce 2005 Task Force. (1) The Workforce 2005 Task
Force is created for the purpose of examining career and professional
technical education in grades 7 through 12 and higher education as a
unified system that integrates education with workforce and economic
development.
(2) The Governor, the President of the Senate, the Speaker of the
House of Representatives, the Chancellor of the Oregon University System,
the Superintendent of Public Instruction and the Commissioner for
Community College Services shall jointly appoint the members of the task
force as follows:
(a) Four members from business and industry;
(b) One member who serves as a regional professional technical
education coordinator;
(c) One member from the State Workforce Investment Board;
(d) One member who serves as a chairperson of a local workforce
investment board;
(e) One member who serves as an instructor or administrator of a
professional technical education program at a public institution of
higher education;
(f) One member who serves as an instructor or administrator of a
professional technical education program at a private institution of
higher education;
(g) One member who serves as an instructor or administrator of a
professional technical education program at a community college;
(h) Two members who serve as instructors of a professional
technical education program at a high school;
(i) One member from the Employment Department;
(j) One member from the Economic and Community Development
Department;
(k) One member from the Office of Professional Technical Education
at the Department of Education;
(L) One member from the Department of Community Colleges and
Workforce Development;
(m) One member who serves as the Education and Workforce Policy
Advisor; and
(n) One member from the Department of Human Services.
(3) The duties of the task force include:
(a) Reviewing available funding sources to determine the amount of
moneys that should be appropriated to adequately fund career and
professional technical education in grades 7 through 12 and in higher
education;
(b) Reviewing and reporting data about the two-plus-two program and
about student success in career and professional technical education
programs, and making recommendations about changes in the programs and
the names of the programs so that the programs and names greater reflect
the strong natural ties between education and workforce and economic
development;
(c) Examining and making recommendations for innovative and
cost-effective funding models of career and professional technical
education programs and associated student leadership programs at high
schools, community colleges and public and private institutions of higher
education;
(d) Examining the ability to access high-quality career and
professional technical education programs at high schools, community
colleges and public and private institutions of higher education;
(e) Reviewing existing investments in distance education and making
recommendations for building new partnerships that increase the capacity
for delivering high-quality career and professional technical education
across the state;
(f) Reviewing the status of teacher education programs and making
recommendations for establishing quality teacher education programs for
professional technical education teachers; and
(g) Working in groups based on teacher endorsement areas for the
purpose of identifying practices that lead to high student performance in
each endorsement area and identifying the barriers and costs for
implementing those practices.
(4) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(5) Official action by the task force requires the approval of a
majority of the members of the task force who are present.
(6) The task force shall elect one of its members to serve as
chairperson.
(7) If there is a vacancy for any cause, the appointing authorities
shall make an appointment to become immediately effective.
(8) The task force shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the task force.
(9) The task force may adopt rules necessary for the operation of
the task force.
(10) The task force shall report its findings and recommendations
to the Seventy-fourth Legislative Assembly and to any interim committee
related to education in the manner provided by ORS 192.245 no later than
October 1, 2007.
(11) The Department of Education shall provide staff support to the
task force.
(12) Members of the task force are not entitled to compensation or
reimbursement for expenses, and serve as volunteers on the task force.
(13) All agencies of state government, as defined in ORS 174.111,
are directed to assist the task force in the performance of its duties
and, to the extent permitted by laws relating to confidentiality, to
furnish such information and advice as the members of the task force
consider necessary to perform their duties.
(14) The Department of Education may accept contributions of moneys
and assistance from the United States Government or its agencies or from
any other source, public or private, and agree to conditions placed on
the moneys not inconsistent with the duties of the task force.
(15) All moneys received by the Department of Education under
subsection (14) of this section shall be paid into the State Treasury and
deposited in the General Fund to the credit of the Department of
Education. The moneys are continuously appropriated to the Department of
Education for the purposes of carrying out the duties of the task force.
[2005 c.589 §1]
Sec. 3. Section 1 of this 2005 Act is repealed on January 2, 2008.
Note: Section 16, chapter 828, Oregon Laws 2005, provides:
Sec. 16. Review of administrative and support services. (1) The
Department of Education shall conduct a review of administrative and
support services provided by the department, education service districts
and school districts that support classroom instruction. The purpose of
the review is to identify and evaluate redundant services that occur
within the kindergarten through grade 12 education system. The department
or districts shall explain, correct or eliminate any redundant services
identified by the department.
(2) Prior to October 1, 2006, the department shall report to the
interim legislative committees relating to education on the results of
the review conducted under subsection (1) of this section. The report
shall include recommendations on the correction or elimination of
redundant services identified by the department. [2005 c.828 §16] The Department of
Education Account is established separate and distinct from the General
Fund. All moneys received by the Department of Education, other than
appropriations from the General Fund, shall be deposited into the account
and are continuously appropriated to the department to carry out the
duties, functions and powers of the department. [2001 c.716 §12]SUPERINTENDENT OF PUBLIC INSTRUCTION The
Superintendent of Public Instruction shall be elected for a term of four
years. [1979 c.190 §397] Except as provided by
ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440, 341.455,
341.626, 341.655 and 341.933, the Superintendent of Public Instruction
shall exercise, under the direction of the State Board of Education, a
general superintendence of school officers and the public schools. In
carrying out the duties of office, the Superintendent of Public
Instruction shall:
(1) Act as administrative officer of the State Board of Education.
(2) Act as executive head of the Department of Education and direct
and supervise all activities of the department.
(3) Assist all district school boards and education service
district boards in answering questions concerning the proper
administration of the school laws, the rules of the State Board of
Education and the ministerial duties of school officers and teachers. The
decision of the superintendent shall guide school officers and teachers
in the performance of their duties relating to the matters decided. The
superintendent may submit any question to the State Board of Education
which shall then decide the question.
(4) Obtain and compile such statistical information relative to the
condition and operation of the public schools as the superintendent or
the state board may consider advisable for the advancement of education
and for the information of the state board and the public.
(5) Appoint, subject to the State Personnel Relations Law and with
the approval of the State Board of Education, such personnel as may be
necessary for the performance of the duties of the office of the
superintendent. The Superintendent of Public Instruction may designate
one or more suitable persons to sign or countersign warrants, vouchers,
certificates or other papers and documents requiring the signature of the
superintendent.
(6) Administer and supervise adult education programs in the public
elementary and secondary schools.
(7) Perform such other functions as may be necessary to the
performance of the duties of the superintendent. [1965 c.100 §11; 1989
c.491 §3; 1993 c.45 §13; 1995 c.67 §37; 1999 c.938 §3; 2003 c.226 §2] The Superintendent of
Public Instruction shall:
(1) Prepare and distribute to the various school officers materials
necessary for the administration of the school laws and cause to be
printed materials necessary for the information of school officers and
teachers.
(2) Annotate and compile all school laws ordered published by the
State Board of Education.
(3) Except as otherwise provided by law or by rules of the State
Board of Education, establish and collect fees for supplies and
publications compiled and furnished by the Department of Education and
distributed or sold to other persons or groups. Such charges shall not
exceed costs of production plus mailing and other distribution costs.
(4) Deposit all moneys received under subsection (3) of this
section in the State Treasury. Such moneys shall be credited to the
Education Cash Account of the Department of Education and are
continuously appropriated. The Department of Education shall keep a
record of all moneys deposited in such account. The record shall indicate
by separate cumulative accounts the source from which the moneys are
derived and the individual activity against which each withdrawal is
charged. [1965 c.100 §12; 1979 c.570 §1; 1993 c.45 §14] The
Superintendent of Public Instruction may use a facsimile signature on
public contracts for personal services if the value of the contract is
$3,000 or less. [2001 c.37 §1](1) The Superintendent of Public Instruction may appoint Deputy
Superintendents of Public Instruction, for whose acts the superintendent
shall be responsible. A deputy may perform any act or duty of the office
of Superintendent of Public Instruction designated by the superintendent.
(2) Notice of the appointment of a deputy and the duties designated
for the deputy shall be filed with the Secretary of State. [1965 c.100
§13; 1991 c.887 §1](1) When the Superintendent of Public Instruction
has possession or control of conference fees that are made available for
training programs sponsored in whole or in part by the Department of
Education, the fees shall be deposited with the State Treasurer in the
Education Training Revolving Account which is established and which shall
be separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account.
(2) Disbursements from the account to persons lawfully entitled
thereto may be made by the Superintendent of Public Instruction or
designee, by checks or orders drawn upon the State Treasurer. [1989 c.966
§76](1) The Superintendent of Public Instruction may authorize
staff members of the Department of Education to serve as executive
directors of education-related organizations and in so doing manage the
funds of those organizations.
(2) The Educational Organizations Fund is established. Moneys
received under this section shall be deposited with the State Treasurer
in the Educational Organizations Fund which shall be separate and
distinct from the General Fund. Interest earned by the account shall be
credited to the account.
(3) Disbursements from the account to persons lawfully entitled
thereto may be made by the Superintendent of Public Instruction or
designee, by checks or orders drawn upon the State Treasurer. [1989 c.966
§77; 2001 c.104 §107]SCHOOL CENSUS (1) The Superintendent of
Public Instruction shall prorate the annual estimate of census as
provided in ORS 327.410 and 327.420 in proportion as the resident average
daily membership of each education service district bears to the total
resident average daily membership of the state and certify such to the
administrative officer of each education service district.
(2) Subject to guidelines approved by the Superintendent of Public
Instruction, the administrative officer of each education service
district shall apportion the census so certified to those common school
districts reporting to the education service district. The estimated
district census determined by this manner shall be deemed applicable to
all statutory references to the term “census” or “school-age child” in
Oregon Revised Statutes. [Formerly 332.575; 2003 c.226 §3]DEPARTMENT OF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT(1) The Department of Community
Colleges and Workforce Development shall function under the direction and
control of the State Board of Education with the Commissioner for
Community College Services serving as an administrative officer for
community college matters.
(2) The Department of Community Colleges and Workforce Development,
in consultation with the Education and Workforce Policy Advisor and
pursuant to ORS chapter 183, may adopt any rules necessary for the
administration of laws related to the federal Workforce Investment Act
that the department is charged with administering. [1999 c.39 §1; 2001
c.684 §1](1) The Department of Community Colleges and Workforce
Development Account is established separate and distinct from the General
Fund. Except for moneys otherwise designated by statute, all fees,
assessments and other moneys received by the Department of Community
Colleges and Workforce Development shall be deposited into the State
Treasury and credited to the account. All moneys in the account are
continuously appropriated to the department for purposes authorized by
law.
(2) The department may accept gifts, grants and donations from any
source to carry out the duties imposed upon the department. Moneys
received under this subsection shall be paid into the account.
(3) The department shall keep a record of all moneys deposited into
the account. The record shall indicate by separate cumulative subaccounts
the sources from which the moneys are derived and the individual activity
or program against which each withdrawal is charged.
(4) Disbursements from the account shall be made as directed by the
department. [2001 c.716 §13](1) The State Board of Education shall appoint a Commissioner for
Community College Services who shall serve at the pleasure of the board.
(2) The commissioner shall be a person who by training and
experience is well qualified to perform the duties of the office and to
assist in carrying out the functions of the board under ORS 326.041,
326.051, 326.375, 341.005, 341.015, 341.440, 341.455, 341.626, 341.655
and 341.933.
(3) The commissioner shall:
(a) Be the executive head of the Department of Community Colleges
and Workforce Development;
(b) Direct and supervise all activities of the Department of
Community Colleges and Workforce Development;
(c) Hire staff, as authorized by the State Board of Education to
assist in carrying out the duties of the commissioner. The staff shall be
considered employees of the Department of Community Colleges and
Workforce Development for purposes of ORS chapters 240 and 243; and
(d) Be responsible directly to the State Board of Education for
those duties enumerated in ORS chapter 341.
(4) The commissioner, with approval of the State Board of
Education, shall be responsible for the representation of community
college interests to the Governor, the Legislative Assembly, state
agencies and others. The commissioner, with the approval of the state
board, shall be responsible for submitting community college budget
requests and budget reports for the Department of Community Colleges and
Workforce Development to the Legislative Assembly. The state board shall
insure that the budget request for community colleges and for the
Department of Community Colleges and Workforce Development are separate
and distinct from its other requests to the Legislative Assembly. [1987
c.474 §3; 1991 c.757 §2; 1995 c.67 §38; 1999 c.39 §4]
There is created within the State Treasury, separate and distinct from
the General Fund, the Advanced Technology Education and Training Fund.
Moneys in the fund are continuously appropriated to the Department of
Community Colleges and Workforce Development for the purpose of making
grants and loans for the provision of advanced technology education and
training opportunities under ORS 326.382. [2003 c.798 §1](1) The Department of Community Colleges and Workforce
Development shall establish by rule a process for making grants or loans
to public-private partnerships to provide advanced technology education
and training opportunities. The purpose of the grants and loans is to
support the development and implementation of public-private partnerships
to provide advanced technology education and training opportunities in
all business and industry sectors for individuals in communities
throughout Oregon. The partnerships shall be between public and private
entities and may include joint ventures among business and industry,
school districts, education service districts, eligible post-secondary
institutions as defined in ORS 348.180 and public bodies as defined in
ORS 174.109.
(2) A public-private partnership that receives a grant or loan
under this section must provide advanced technology education and
training opportunities that:
(a) Address current and future workforce development needs dictated
by Oregon’s rapidly changing economy;
(b) Facilitate sustainable and dynamic economic development in
communities by creating flexible opportunities for workforce development;
(c) Establish results oriented, collaborative investments of public
and private resources in communities throughout Oregon;
(d) Ensure that Oregon’s capacity for economic growth and vitality
is not limited by a lack of opportunities for workforce development; and
(e) Provide support to existing community efforts to establish
innovative strategies for delivering advanced technology education and
training.
(3) The process established by the department for making grants and
loans shall ensure that:
(a) Local communities are informed about the availability of the
grants and loans;
(b) Advanced technology education and training projects are
geographically distributed throughout Oregon;
(c) There is equal opportunity for urban and rural access to
quality education and training opportunities;
(d) Representatives of related, ongoing community efforts assist in
the implementation of advanced technology education and training
projects; and
(e) Procedures and timelines are designed to minimize barriers to
receiving funds.
(4) When considering applications for grants and loans, the
department shall give priority to advanced technology education and
training projects that:
(a) Provide or increase access for individuals to advanced
technology education and training through the efforts of local and
regional career centers and partnerships and distance education
technology available locally and regionally;
(b) In combination with other projects receiving funds, contribute
to advanced technology education and training opportunities in every part
of the state;
(c) Use federal funds;
(d) Have widespread community support as evidenced by a memorandum
of agreement or similar documentation;
(e) Represent an effective sharing of resources through
public-private partnerships among business and industry, school
districts, education service districts, eligible post-secondary
institutions as defined in ORS 348.180 and public bodies as defined in
ORS 174.109;
(f) Have a long-term strategic plan and lack only the necessary
financial resources;
(g) Provide state-of-the-art technology that meets current
standards of business and industry and addresses local and regional
economic development priorities;
(h) Help individuals connect education and training with career
planning and job opportunities through local and regional career centers
as implemented under the federal Workforce Investment Act;
(i) Provide articulated education programs that lead to a degree or
an industry-specific skills certification; and
(j) Establish short-term training programs that meet the immediate
needs of local employers in their communities.
(5)(a) A public-private partnership awarded a grant or loan under
this section shall use the grant or loan for any of the following:
(A) Infrastructure construction or reconstruction.
(B) Equipment or technology purchases.
(C) Curriculum development.
(D) Expansion or revision of a current project to increase the
capacity of the project, alter the project plan, change the members of
the partnership or address education or employment deficiencies in the
community served by the public-private partnership.
(b) A grant or loan awarded under this section for the purpose
described in paragraph (a)(D) of this subsection may not exceed $25,000.
(6) The application for a grant or loan under this section shall
include:
(a) The names of the members of the public-private partnership;
(b) A description of standards used to assess the performance of
the project;
(c) An estimate of the number of individuals who will be served by
the project;
(d) The name of the fiscal agent of the public-private partnership;
(e) A project plan covering at least the first two years after
receipt of a grant or loan; and
(f) The name of the person who will be responsible for convening
the public-private partnership on a regular basis.
(7) The department may accept contributions of funds and assistance
from the United States Government or its agencies or from any other
source, public or private, and agree to conditions placed on the funds
not inconsistent with the purposes of this section.
(8) Any moneys received by the department through repayment of a
loan awarded under this section, or received by the department under
subsection (7) of this section, shall be deposited by the department in
the Advanced Technology Education and Training Fund. [2003 c.798 §2; 2005
c.22 §230; 2005 c.216 §1]INTELLECTUAL PROPERTY The State
Board of Education may acquire intellectual property of any kind, whether
patentable or copyrightable or not, including patents, copyrights,
inventions, discoveries, processes and ideas. Such property may be
acquired:
(1) By gift.
(2) By outright purchase with money in the Board of Education
Invention Fund or otherwise made available for such purpose.
(3) By assignment pursuant to a contract whereby the board
undertakes to aid in the development of the assigned property and to pay
the assignor a share of any money received on account of its ownership or
management thereof. [Formerly 326.102](1) The State Board of Education may manage, develop or dispose
of property acquired under ORS 326.520 in any manner deemed by the board
to be in the public interest. The board may contract with any person
regarding such management, development or disposition.
(2) The board may determine the terms and conditions of any
transaction authorized by ORS 326.520 to 326.540 and need not require
competitive bids in connection therewith. No formal publicity or
advertising is required regarding property for the development of which
the board wishes to contract, but the board shall make reasonable efforts
to disseminate pertinent information in appropriate research and
industrial circles.
(3) If the board deems it inadvisable to proceed with the
development or management of property acquired under ORS 326.520, it may
reassign such property to the person from whom it was acquired upon being
compensated for any expenditure made on account of such property.
[Formerly 326.104](1) Moneys received by the State Board of
Education as a result of ownership or management of property acquired
under ORS 326.520 or of transactions regarding such property shall be
deposited in the State Treasury and credited to a special fund separate
and distinct from the General Fund to be known as the Board of Education
Invention Fund.
(2) The moneys in the Board of Education Invention Fund are
continuously appropriated to the board for the following purposes:
(a) To pay the agreed share of an assignor of intellectual property.
(b) For the advancement of research in an institution under its
control.
(c) For the acquisition, management or development of intellectual
property. [Formerly 326.106; 2005 c.755 §18]GENERAL EDUCATIONAL DEVELOPMENT (GED) CERTIFICATES(1) The Commissioner for Community
College Services may issue General Educational Development (GED)
certificates to persons who demonstrate satisfactory performance in tests
prescribed under subsection (2) of this section or meet the requirements
of any prescribed evaluative procedure.
(2) The State Board of Education by rule may prescribe tests and
other appropriate evaluation procedures for the purposes of subsection
(1) of this section and may establish age, residence and other relevant
qualifications for applicants.
(3) The Department of Community Colleges and Workforce Development
may utilize its personnel and facilities for the administration of this
section, and the State Board of Education may establish by rule a
nonrefundable application fee. The fee may be waived by the State Board
of Education in case of hardship.
(4) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior to
adopting the fee, the fee established under subsection (3) of this
section shall not exceed the cost of administering the program, as
authorized by the Legislative Assembly within the board’s budget, as the
budget may be modified by the Emergency Board.
(5) All moneys received under this section shall be deposited in
the State Treasury to the credit of the Department of Community Colleges
and Workforce Development and shall be used exclusively for
administration of this section. The Department of Community Colleges and
Workforce Development shall keep a record of all moneys deposited in such
account. The record shall indicate by separate cumulative accounts the
source from which the moneys are derived and the individual activity
against which each withdrawal is charged.
(6) The Commissioner for Community College Services shall consult
with the Superintendent of Public Instruction on all matters related to
evaluation procedures used to measure equivalent achievement under this
section. The superintendent is authorized to make independent
recommendations on evaluation procedures to the State Board of Education
in those cases where the superintendent’s judgment differs from that of
the commissioner. [Amended by 1967 c.571 §1; 1979 c.386 §1; 1979 c.570
§2; 1983 c.159 §1; 1989 c.491 §4; 1991 c.703 §5; 1993 c.45 §17; 1997
c.249 §94]STUDENT RECORDS The State Board of
Education shall adopt by rule standards for the creation, use, custody
and disclosure, including access, of student education records that are
consistent with the requirements of applicable state and federal law. The
state board shall distribute the rules that are adopted to all school
districts. The school districts shall make those rules available to the
public schools in the district and to the public. The state board may
differentiate the standards applicable to persons 18 years of age or
older or enrolled in post-secondary institutions. The standards shall
include requirements under which public and private schools and education
service districts transfer student education records pursuant to ORS
326.575. [1993 c.806 §3 (326.565, 326.575 and 336.187 enacted in lieu of
336.185, 336.195 and 336.215); 1995 c.15 §1](1) Within 10 days of a
student’s seeking initial enrollment in a public or private school or
when a student is placed in a state institution, other than an
institution of post-secondary education, or a private agency, detention
facility or youth care center, the school, institution, agency, facility
or center shall notify the public or private school or the institution,
agency, facility or center in which the student was formerly enrolled and
shall request the student’s education records.
(2) Subject to ORS 339.260, any public or private school, state
institution, private agency, detention facility or youth care center
receiving the request described in subsection (1) of this section shall
transfer all student education records relating to the particular student
to the requesting school, institution, agency, facility or center no
later than 10 days after the receipt of the request. The education
records shall include any education records relating to the particular
student retained by an education service district.
(3) Notwithstanding subsections (1) and (2) of this section, for
students who are in substitute care programs:
(a) A school, institution, agency, facility or center shall notify
the school, institution, agency, facility or center in which the student
was formerly enrolled and shall request the student’s education records
within five days of the student seeking initial enrollment; and
(b) Any school, institution, agency, facility or center receiving a
request for a student’s education records shall transfer all student
education records relating to the particular student to the requesting
school, institution, agency, facility or center no later than five days
after the receipt of the request.
(4) Each educational institution that has custody of the student’s
education records shall annually notify parents and eligible students of
their right to review and propose amendments to the records. The State
Board of Education shall specify by rule the procedure for reviewing and
proposing amendments to a student’s education records. If a parent’s or
eligible student’s proposed amendments to a student’s education records
are rejected by the educational institution, the parent or eligible
student shall receive a hearing on the matter. The State Board of
Education shall specify by rule the procedure for the hearing.
(5) As used in this section:
(a) “Detention facility” has the meaning given that term in ORS
419A.004.
(b) “Educational institution” means a public or private school,
education service district, state institution, private agency or youth
care center.
(c) “Private agency” means an agency with which the Department of
Education contracts under ORS 343.961.
(d) “Substitute care program” has the meaning given that term in
ORS 339.133.
(e) “Youth care center” means a center as defined in ORS 420.855.
[1993 c.806 §4 (326.565, 326.575 and 336.187 enacted in lieu of 336.185,
336.195 and 336.215); 1995 c.15 §2; 2001 c.681 §1; 2005 c.521 §3](1) As used in this section, “educational
institution” means:
(a) An “educational institution” as defined in ORS 326.575.
(b) A state agency.
(c) A local correctional facility.
(2) The State Board of Education may adopt by rule standards for
the content and format of an Oregon electronic student record. An Oregon
electronic student record may be used to transfer student record
information from one educational institution to another.
(3) The board may define the Oregon electronic student record to
constitute a full and complete copy of the official student permanent
record, student education record and certificate of immunization status
that are required by state and federal law.
(4) The standards established by the board shall include procedures
and criteria for participation in the Oregon electronic student record
program by educational institutions. An educational institution may apply
to the Department of Education for a certificate of participation in the
Oregon electronic student record program.
(5) An educational institution that is approved for participation
in the Oregon electronic student record program by the Department of
Education:
(a) Shall not be required to forward by mail or other means
physical items such as original documents or photocopies to a receiving
educational institution that also is approved for participation in the
program. This paragraph does not apply to special education records that
are specifically required by federal law to be physically transferred.
(b) May elect to designate the Oregon electronic student record as
the official student record.
(c) Shall retain the official student record in compliance with
state and federal law. [2001 c.450 §1] As used in ORS
326.587 and 326.589:
(1) “Disclose” means to make available for review by another person.
(2) “Law enforcement agency” has the meaning given that term in ORS
181.010.
(3) “Wages” has the meaning given that term in ORS 652.210. [2003
c.776 §1](1) A state institution of higher education may not disclose the
Social Security number of a student who is attending the institution.
(2) Subsection (1) of this section does not apply if the
institution discloses the Social Security number:
(a) At the request of a law enforcement agency or an agency
providing support enforcement services under ORS 25.080;
(b) After obtaining written permission for the disclosure from the
student to whom the number refers;
(c) In the payment of wages or benefits;
(d) In the payment or collection of taxes or of a debt owed by the
student to whom the number refers; or
(e) For purposes of statistical analysis. [2003 c.776 §2](1) A community college as defined in ORS 341.005 may not
disclose the Social Security number of a student who is attending the
college.
(2) Subsection (1) of this section does not apply if the college
discloses the Social Security number:
(a) At the request of a law enforcement agency or an agency
providing support enforcement services under ORS 25.080;
(b) After obtaining written permission for the disclosure from the
student to whom the number refers;
(c) In the payment of wages or benefits;
(d) In the payment or collection of taxes or of a debt owed by the
student to whom the number refers; or
(e) For purposes of statistical analysis. [2003 c.776 §3] (1) A
student who suffers an ascertainable loss of money, personal property or
real property as a result of a violation of ORS 326.587 or 326.589 may
bring an action in a circuit court to recover the student’s actual
damages.
(2) The court may award reasonable attorney fees to the party that
prevails in an action on a claim under this section. [2003 c.776 §4]CRIMINAL OFFENDER INFORMATION PROCESS(1)(a) A school
district shall send to the Department of Education for purposes of a
criminal records check any information, including fingerprints, for each
person described in ORS 181.539 (1)(d), (e), (f), (h) or (i).
(b) A private school may send to the Department of Education for
purposes of a criminal records check any information, including
fingerprints, for each person described in ORS 181.539 (1)(d), (e), (f)
or (h).
(2) The Department of Education shall request that the Department
of State Police conduct a criminal records check as provided in ORS
181.534 and may charge the district or private school a fee as
established by rule under ORS 181.534. The school district or private
school may recover its costs or a portion thereof from the person
described in ORS 181.539 (1)(d), (e), (f), (h) or (i). If the person
described in ORS 181.539 (1)(e), (f) or (i) requests, the district shall
and a private school may withhold the amount from amounts otherwise due
the person, including a periodic payroll deduction rather than a lump sum
payment.
(3)(a) If the Superintendent of Public Instruction informs the
school district that the person has been convicted of a crime listed in
ORS 342.143 or has made a false statement as to the conviction of a
crime, the superintendent shall notify the school district of the fact
and the district shall not employ or contract with the person.
Notification by the superintendent that the school district shall not
employ or contract with the person shall remove the person from any
school district policies, collective bargaining provisions regarding
dismissal procedures and appeals and the provisions of ORS 342.805 to
342.937.
(b) The Superintendent of Public Instruction shall notify the
private school if the person has been convicted of a crime listed in ORS
342.143 or has made a false statement as to the conviction of a crime.
Based on the notice, the private school may choose not to employ or
contract with the person.
(4) If a person described in subsection (1) of this section refuses
to consent to the criminal records check or refuses to be fingerprinted
or if the person falsely swears to the nonconviction of a crime, the
district shall terminate the employment or contract status of the person.
Termination under this subsection removes the person from any school
district policies, collective bargaining provisions regarding dismissal
procedures and appeals and the provisions of ORS 342.805 to 342.937.
(5) A school district may not hire or continue to employ or
contract with or allow the contractor to continue to assign a person to
the school project if the person described in subsection (1) of this
section has been convicted of a crime according to the provisions of ORS
342.143.
(6) As used in this section and ORS 326.607:
(a) “Private school” means a school that provides educational
services as defined in ORS 345.505 and is registered as a private school
under ORS 345.505 to 345.575.
(b) “School district” means:
(A) A school district as defined in ORS 330.003.
(B) The Oregon State School for the Blind.
(C) The Oregon State School for the Deaf.
(D) An educational program under the Youth Corrections Education
Program.
(E) A public charter school as defined in ORS 338.005.
(F) An education service district. [1993 c.674 §8; 1995 c.67 §40;
1995 c.446 §7; 1997 c.4 §1; 1997 c.536 §1; 1997 c.753 §2; 1999 c.200 §25;
1999 c.1054 §4; 2001 c.407 §4; 2005 c.730 §13](1) Upon request from a school district, a private school or a public
charter school or a school district, private school or public charter
school contractor and with consent from the individual, the Department of
Education may conduct an Oregon criminal records check using the Law
Enforcement Data System for screening an individual who is a volunteer
for the school district, private school or public charter school and who
has direct, unsupervised contact with school children, or for screening
applicants for employment.
(2) The department may charge the requesting school district,
private school, public charter school or school district, private school
or public charter school contractor a fee not to exceed $5 for each
request under subsection (1) of this section. [1995 c.446 §3; 1997 c.536
§2; 1999 c.200 §26; 2005 c.730 §14]YOUTH CORRECTIONS AND JUVENILE DETENTION EDUCATION PROGRAMS As used in ORS
326.700 and 326.712:
(1) “Juvenile Detention Education Program” means the provision of
educational services to youths lodged overnight who receive educational
services on consecutive days within a detention facility, as defined in
ORS 419A.004.
(2) “Youth Corrections Education Program” means the provision of
educational services to youths in youth correction facilities, as defined
in ORS 420.005. [2001 c.681 §2] It
is the purpose of ORS 326.712 and 327.026 and this section that youths
enrolled in the Youth Corrections Education Program and the Juvenile
Detention Education Program administered by the Department of Education
be treated as nearly the same as practicable in the distribution of the
State School Fund as children enrolled in common and union high school
districts in this state. [Formerly 420.405; 2001 c.681 §3]
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