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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 332 Local Administration of Education
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As used in this chapter, unless the context
requires otherwise:
(1) “District school board” means the board of directors of a
common school district or a union high school district.
(2) “School district” means a common or union high school district.
[1965 c.100 §126; 1983 c.350 §167] (1) The directors
of a school district in their official capacity shall be known as the
district school board.
(2) Directors must qualify by taking an oath of office before
assuming the duties of office. [1965 c.100 §127; 1983 c.350 §168; 1983
c.379 §5] Except as
otherwise provided for former administrative school districts or under
ORS 335.490 or when specified by school district merger proceedings, the
board of directors of a school district with a population of less than
300,000, according to the latest federal census, shall consist of five or
seven members. [1965 c.100 §129 (enacted in lieu of 332.010); 1965 c.243
§1; 1967 c.605 §14; 1971 c.47 §1; 1975 c.770 §13a; 1991 c.167 §20; 1993
c.45 §36; 1993 c.329 §4; 1997 c.521 §16] (1) A
district school board may increase the number of board members from five
members to seven members on its own motion, or the district school board:
(a) May submit the question to the electors of the school district;
or
(b) Shall submit the question to the electors of the school
district when a petition is filed as provided in this section.
(2) Subject to ORS 332.118, a petition filed under this section
shall be prepared, circulated and filed as provided for an initiative
petition in ORS 255.135 to 255.205. [1997 c.521 §18] The
board of directors of a school district with a population of 300,000 or
more, according to the latest federal census, shall consist of seven
members. [1965 c.100 §131 (enacted in lieu of 332.077); 1967 c.605 §15;
1973 c.796 §41; 1975 c.770 §16] (1)
A person who is an employee of a school district may not serve as a
member of the district school board for the district by which the
employee is employed.
(2) A person who is an employee of a public charter school may not
serve as a member of the district school board of the district in which
the public charter school that employs the person is located.
(3) Notwithstanding subsection (1) or (2) of this section, a person
who is an employee of a school district or a public charter school may
serve as a member of the district school board for the district by which
the employee is employed or the district in which the public charter
school that employs the person is located if:
(a) The person is employed by the district or public charter school
as a substitute school bus driver; and
(b) The district has an average daily membership (ADM), as defined
in ORS 327.006, of 50 or less.
(4) A district school board member who was eligible to serve on a
district school board under subsection (3) of this section at the
beginning of the member’s term of office may continue to serve on the
board for the remainder of the member’s term of office regardless of any
change to the ADM of the district. [Formerly 331.085; 2001 c.810 §1; 2005
c.93 §1] (1) The term of
office of director is four years.
(2) No person shall be eligible to serve as director unless the
person is an elector of the district and has resided therein for the
period of one year immediately preceding the election or appointment.
(3) No director shall receive any compensation for services as
director other than reimbursement for reasonable and necessary expenses
actually incurred on school business. [1975 c.770 §13; 1983 c.350 §168a;
1983 c.379 §6] (1) The district school
board shall declare the office of a director vacant upon the happening of
any of the following:
(a) The death or resignation of the incumbent.
(b) When an incumbent is removed from office or the election of the
incumbent thereto has been declared void by the judgment of any court.
(c) Subject to the provisions of subsections (2) and (3) of this
section, when an incumbent ceases to be a resident of the district or
zone from which nominated.
(d) When an incumbent ceases to discharge the duties of office for
two consecutive months unless prevented therefrom by sickness or other
unavoidable cause.
(e) When an incumbent ceases to discharge the duties of office for
four consecutive months for any reason.
(f) When an incumbent is recalled.
(2) A director of a union high school board who changes the
director’s permanent residence from one component common school district
to another component common school district in which another director
resides shall continue to serve as director to June 30 next following the
next regular district election. At that election, a successor shall be
elected to serve the remainder, if any, of the unexpired term to which
the director was elected. If the term to which the director was elected
expires June 30 next following the election of the successor, the
successor shall be elected to a full term. In either case, the successor
shall take office July 1 next following the election.
(3) A director of a common school district nominated from a zone
who changes the director’s permanent residence from one zone to another
zone in which another director resides shall continue to serve as
director to June 30 next following the next regular district election. At
that election, a successor shall be elected to serve the remainder, if
any, of the unexpired term to which the director was elected. If the term
to which the director was elected expires June 30 next following the
election of the successor, the successor shall be elected to a full term.
In either case, the successor shall take office July 1 next following the
election.
(4) When a vacancy is declared under subsection (1)(a), (b) or (d)
to (f) of this section, the remaining member or members of the board
shall meet and appoint a person to fill the vacancy. The person must
satisfy the eligibility requirements under ORS 332.018 and, if the
district is zoned, reside in the zone in which the vacancy occurs. A
director appointed under this subsection shall serve to June 30 next
following the next regular district election. At that election, a
successor shall be elected to serve the remainder, if any, of the
unexpired term to which the director was appointed. If the term to which
the director was appointed expires June 30 next following the election of
the successor, the successor shall be elected to a full term. In any
case, the successor shall take office July 1 next following the election.
(5) If the offices of a majority of the directors of any district
are vacant at the same time, the education service district board, or if
there is none, the governing body of the county shall appoint persons to
fill the vacancies. The persons must satisfy the eligibility requirements
under ORS 332.018 and, if the district is zoned, reside in the zones in
which the vacancies occur. If the vacancies occur in a joint district
that is not included in an education service district, the governing body
of the county containing the greater portion of the pupils in average
daily membership shall appoint the directors. Each director appointed
under this subsection shall serve to June 30 next following the next
regular district election. At that election, a successor shall be elected
to serve the remainder, if any, of the unexpired term to which the
director was appointed. If the term to which the director was appointed
expires June 30 next following the election of the successor, the
successor shall be elected to a full term. In any case, the successor
shall take office July 1 next following the election. [Amended by 1955
c.234 §4; 1961 c.281 §2; 1965 c.100 §133; 1967 c.605 §16; 1969 c.202 §5;
1973 c.796 §42; 1975 c.770 §18; 1981 c.173 §50; 1983 c.350 §169a; 1983
c.379 §7; 1985 c.808 §79; 1999 c.215 §1; 2003 c.576 §434; 2005 c.209 §19]BOARD ORGANIZATION AND MEETINGS No later than at the next regular meeting
following July 1, the district school board shall meet and organize by
electing a chairperson and a vice chairperson from its members. No member
shall serve as chairperson for more than four years in succession.
[Amended by 1957 c.634 §2; 1961 c.281 §3; 1965 c.100 §134; 1993 c.45 §38;
2001 c.226 §1] The district school board must provide for
the time and place of its regular meetings, at any of which it may
adjourn to the next succeeding regular meeting or to some specified time
prior thereto. Regular and special meetings may be convened upon notice
in the manner required by ORS 192.640 by order of the chairperson, upon
the request of three members of the board at least 24 hours before such
meeting is to be held or by common consent of the board members.
[Formerly 332.410; 1965 c.100 §135; 1975 c.770 §19] A majority of the members
of the district school board shall constitute a quorum. A less number may
meet and adjourn from time to time and compel the presence of absent
members. The affirmative vote of the majority of members of the board is
required to transact any business. [Formerly 332.420; 1965 c.100 §136;
1973 c.725 §1; 1975 c.770 §20] Any duty
imposed upon the district school board as a body must be performed at a
regular or special meeting and must be made a matter of record. [Formerly
332.060 and then 332.108; 1993 c.45 §39]Notwithstanding ORS
192.610 to 192.690 governing public meetings:
(1) Any hearing held by a district school board or its hearings
officer on any of the following matters shall be conducted in executive
session of the board or privately by the hearings officer unless the
student or the student’s parent or guardian requests a public hearing:
(a) Expulsion of a minor student from a public elementary or
secondary school.
(b) Matters pertaining to or examination of the confidential
medical records of a student, including that student’s educational
program.
(2) If an executive session is held by a district school board or a
private hearing is held by its hearings officer under this section, the
following shall not be made public:
(a) The name of the minor student.
(b) The issue, including a student’s confidential medical records
and that student’s educational program.
(c) The discussion.
(d) The school board member’s vote on the issue.
(3) The school board members may vote in an executive session
conducted pursuant to this section. [1975 c.276 §1; 1987 c.841 §1]
All school districts are
bodies corporate, and the district school board is authorized to transact
all business coming within the jurisdiction of the district and to sue
and be sued. Pursuant to law, district school boards have control of the
district schools and are responsible for educating children residing in
the district. [1965 c.100 §139] (1) Any district school board may:
(a) Fix the days of the year and the hours of the day when schools
shall be in session.
(b) Adopt textbooks and other instructional materials as provided
in ORS 337.120 and 337.141 and courses of study for the use of such
schools as provided in ORS 336.035.
(c) Authorize the use of the schools for purposes of training
students of an approved teacher education institution, as defined in ORS
342.120, and for such purposes may enter into contracts with the approved
teacher education institutions on such terms as may be agreed upon. Such
contracts as they relate to student teachers shall have the same effect
and be subject to the same regulations as a contract between a licensed
teacher and a district school board.
(d) Develop and operate with other school districts or community
college districts secondary professional technical education programs for
pupils of more than one district and fix by agreement the duration of the
district’s obligation to continue such activity, subject to the
availability of funds therefor.
(e) Authorize the school district to be a member of and pay fees,
if any, to any voluntary organization, approved under ORS 339.430, that
administers interscholastic activities or that facilitates the scheduling
and programming of interscholastic activities.
(f) Accept money or property donated for the use or benefit of the
school district and, consistent with the laws of this state, use such
money or property for the purpose for which it was donated.
(2) All contracts of the school district must be approved by the
district school board before an order can be drawn for payment. If a
contract is made without the authority of the district school board, the
individual making such contract shall be personally liable.
(3) Notwithstanding subsection (2) of this section, a district
school board may, by resolution or policy, authorize its superintendent
or the superintendent’s designee to enter into and approve payment on
contracts for products, materials, supplies, capital outlay, equipment
and services that are within appropriations made by the district school
board pursuant to ORS 294.435. A district school board may not authorize
its superintendent or the superintendent’s designee under this subsection
to enter into and approve payment on contracts that are collective
bargaining agreements or service contracts that include the provision of
labor performed by employees of the school district. [Formerly 332.440;
1965 c.100 §140; 1967 c.67 §25; 1967 c.200 §5; 1969 c.311 §1; 1973 c.270
§1; 1975 c.459 §2; 1975 c.770 §21; 1977 c.783 §1; 1987 c.404 §3; 1993
c.45 §41; 1999 c.215 §2; 2001 c.461 §7] (1) The general duties of district
school boards are:
(a) To cause to be used in the district state blanks, registers and
other forms, whenever supplied and required by the state.
(b) To perform such other duties as the wants of the district may
from time to time demand.
(2) The district school board may participate in the activities of
and may become members of associations of school boards. When provided
for in an approved school district budget, the board may pay from school
district funds annual dues to such association. [Formerly 332.050; 1965
c.100 §141; 1967 c.326 §1; 1969 c.541 §2] Each district school board
shall establish rules for the government of the schools and pupils
consistent with the rules of the State Board of Education. [Formerly
336.030; 1993 c.45 §42] A district school board in a school
district may enter into agreements to provide auxiliary services and
facilities to students, including but not limited to forms of residential
care and medical and dental services. Any facility used for residential
purposes under this section must meet the applicable standards of the
Department of Human Services and the State Fire Marshal. [1967 c.200 §2;
1969 c.218 §1; 1993 c.45 §43] (1) A person who meets
the requirements under subsection (3) of this section may request a
school district to issue the person a high school diploma if the person
resides within the boundaries of the school district or is a resident of
this state and attended a high school of the school district.
(2) A representative of a deceased person who meets the
requirements under subsection (3) of this section may request a school
district to issue a high school diploma on behalf of the deceased person
if the deceased person resided within the boundaries of the school
district at the time of death or was a resident of this state at the time
of death and attended a high school of the school district.
(3) Notwithstanding the requirements for a high school diploma
established under ORS 329.451 and by the State Board of Education and
school districts under ORS 329.447, a school district that receives a
request under subsection (1) or (2) of this section shall issue a high
school diploma to a person if the person:
(a) Attended a high school before serving in the Armed Forces of
the United States;
(b) Did not graduate from a high school because the person was
serving in the Armed Forces of the United States;
(c) Was discharged or released under honorable conditions from the
Armed Forces of the United States;
(d) Served in the Armed Forces of the United States as described in
subsection (4) of this section; and
(e)(A) Has received a General Educational Development (GED)
certificate;
(B) Has received a post-secondary degree from a community college,
state institution of higher education or other generally accredited
institution of higher education; or
(C) Has received a minimum score on the Armed Services Vocational
Aptitude Battery (ASVAB), as established by the Oregon Military
Department.
(4) The provisions of subsection (3) of this section apply to a
person who:
(a) Served in the Armed Forces of the United States at any time
during:
(A) World War I;
(B) World War II;
(C) The Korean Conflict; or
(D) The Vietnam War;
(b) Served in the Armed Forces of the United States and was
physically present in:
(A) Operation Urgent Fury (Grenada);
(B) Operation Just Cause (Panama);
(C) Operation Desert Shield/Desert Storm (the Persian Gulf War);
(D) Operation Restore Hope (Somalia);
(E) Operation Enduring Freedom (Afghanistan); or
(F) Operation Iraqi Freedom (Iraq); or
(c) Served in the Armed Forces of the United States in an area
designated as a combat zone by the President of the United States. [2003
c.182 §1; 2005 c.515 §1; 2005 c.827 §2]Note: 332.114 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 332 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ELECTIONS(1) Unless specifically provided otherwise,
ORS chapter 255 governs the following:
(a) The nomination and election of school directors and local
school committee members.
(b) The conduct of all school district elections.
(2) ORS 249.865 to 249.877 govern the recall of school board
members and local school committee members.
(3) The Secretary of State has supervising authority over all
elections conducted by school districts and over elections conducted by
education service districts when an education service district board is
serving as a district boundary board.
(4) A petition for a proposed change or merger under ORS 330.095, a
remonstrance petition under ORS 330.101, a petition for zoning under ORS
332.128 or a petition to lengthen the course of study under ORS 335.495
shall not be circulated for signatures until the prospective petition has
been filed with the county clerk. The prospective petition shall
designate the names and residence addresses of not more than three
persons as chief petitioner. The authority of the Secretary of State and
the application of the election laws commence when the prospective
petition is filed with the county clerk. The filing of the prospective
petition is to be treated like a prospective petition for an initiative,
referendum or recall. Except as otherwise provided in ORS 330.080 to
330.113, ORS chapter 255 applies to the procedures applicable to
petitions described in this subsection and the elections held on the
petitions. [Formerly 331.002; 1993 c.136 §1] (1) In common
school districts and union high school districts the directors may be
nominated in one of the following methods or a combination thereof:
(a) At large by position number by the electors of the district.
(b) By zone by electors of zones, if zoning is approved by the
electors under ORS 332.128.
(2) A person shall be nominated as a candidate for director by
filing a petition for nomination or a declaration of candidacy under ORS
255.235.
(3) If a candidate is nominated by petition, the petition:
(a) If the candidate is nominated from a zone, must be signed by
the electors of the zone.
(b) If the candidate is nominated at large, must be signed by the
electors of the district.
(4) A candidate for school director must be an elector registered
in the district. If the district is zoned and the candidate seeks
nomination from a zone, the candidate also must be a resident of that
zone. [1983 c.284 §1; 1983 c.350 §161c; 1987 c.7 §3](1) All candidates shall be elected at large in
the district unless the district school board provides for election from
zones under ORS 332.126.
(2) In a district in which directors are elected from zones:
(a) The candidate for the office of director in each zone who
receives the plurality of the votes shall be elected.
(b) At the expiration of each director’s term of office, a
successor shall be elected from the same zone.
(3) In the event that no person from the same zone is nominated
under ORS 332.122 as a candidate for the vacant office of director by the
school district election filing deadline or is elected as a write-in
candidate at the subsequent school district election, or in the event
that an office of director becomes vacant at midterm, the district school
board shall fill the vacancy as follows:
(a) The board shall advertise the vacancy for a 20-day period in an
attempt to find an eligible resident from the same zone to fill the
vacancy. If one or more eligible residents declare interest in the vacant
office, the school district board shall appoint one of the eligible
residents to fill the vacant office until June 30 following the next
regular school district election.
(b) If, after 20 days of advertising the vacancy, no eligible
resident from the same zone declares interest in the vacant office, the
school district board shall appoint one of the eligible residents from
the district at large to fill the vacant office until June 30 following
the next regular school district election.
(c) Offices filled in the manner described in paragraphs (a) and
(b) of this subsection shall become vacant on June 30 following the next
regular school district election. Nomination of candidates for vacant
offices shall occur as provided under ORS 332.122. [Formerly 331.090;
1993 c.150 §1] (1) If a majority of the district
school board of a zoned common school district or a zoned union high
school district so decides, the board may provide that directors of the
district school board who are nominated from zones also shall be elected
from the zones from which they are nominated.
(2) At any time after a district school board decides that
directors shall be elected by zone:
(a) The district school board may rescind the decision and provide
that the directors who are nominated by zone shall be elected at large.
(b) Zones may be abolished pursuant to ORS 332.128. [1983 c.284
§3a; 1993 c.45 §44] (1)
In common school districts and union high school districts, directors may
be nominated from zones by resolution of the district school board or if
the question of zoning is approved by the electors of the district at the
regular district election as provided in this section.
(2) The district school board:
(a) May submit the question on its own resolution; or
(b) Shall submit the question when a petition is filed as provided
in this section.
(3) The requirements for preparing, circulating and filing a
petition under this section are subject to ORS 332.118 and shall be as
provided for an initiative petition in ORS 255.135 to 255.205.
(4) If the proposal to create zones in a district includes a
combination of nomination of candidates from and by zones and of
nomination of candidates at large, the number of candidates to be
nominated in each manner shall be specified in the petition or the order
of the board.
(5) A district that has been zoned under this section may abolish
zones in the same manner as they were established. [Formerly 331.095;
1993 c.45 §45; 1993 c.136 §4; 1997 c.521 §15] If a common school district or union high
school district is zoned, the school board of the district shall divide
the district into the necessary number of zones as nearly equal in
population, as shown by the latest federal census, as practicable, taking
into account attendance areas where possible. The board shall readjust
zone boundaries if necessary to comply with this section, upon any change
in the boundaries of the district. [Formerly 331.097] (1) A school board director shall
be eligible for reelection in an election subsequent to zoning under ORS
332.128 only if the director resides in a zone which is not otherwise
represented on the board.
(2) Any vacancy occurring on a school board before all zones are
represented thereon shall be filled from among residents in an
unrepresented zone, the zone to be determined by the board by lot.
[Formerly 331.102] (1) Each
position of school director shall be designated by number as Position No.
1, Position No. 2 and so on.
(2) At the first organizational meeting of the board following
formation of the district, the chairperson of the board shall assign a
position number to each office on the board. The chairperson shall
certify the number assigned to the director holding that position and
shall file one copy of the certification in the records of the district.
(3) This section applies to the following districts that are not
zoned:
(a) Common school districts;
(b) Union high school districts; and
(c) Education service districts. [Formerly 331.105] At each regular district
election described in ORS 255.335, school directors shall be elected for
a term of four years to succeed the directors whose terms of office
expire on June 30 of that year. All such elections of school directors
shall be held as provided by ORS chapter 255. [Formerly 331.120; 1995
c.258 §3]DISTRICT PROPERTYA district school board:
(1) May furnish, equip, repair, lease, purchase and build
schoolhouses, including high schools, junior high schools, professional
technical schools, gymnasiums, houses for teachers and other employees,
and like buildings; and locate, buy and lease lands for all school
purposes. Leases authorized by this section include lease-purchase
agreements whereunder the district may acquire ownership of the leased
property at a nominal price. Such leases and lease-purchase agreements
may be for a term of up to 30 years.
(2) May contract for the removal or containment of asbestos
substances in school buildings and for repairs made necessary by such
removal or containment. Contracts authorized by this section may be for a
term exceeding one year.
(3) May construct or cooperate in the construction of schools for
training of student teachers on state or district owned lands, for any
state institution of higher education in or contiguous to the district,
and to expend district funds in so doing.
(4) May acquire personal property by a lease-purchase agreement or
contract of purchase for a term exceeding one year. A lease-purchase
agreement is one in which the rent payable by the district is expressly
agreed to have been established to reflect the savings resulting from the
exemption from taxation, and the district is entitled to ownership of the
property at a nominal or other price which is stated or determinable by
the terms of the agreement and was not intended to reflect the true value
of the property.
(5) May lease, sell and convey all property of the district as may
not in the judgment of the district school board be required for school
purposes.
(6) May sell property of the district in transactions whereby the
district has the right to lease, occupy or reacquire the property
following the sale or have facilities constructed thereon or furnished to
the specifications of the district. The construction or furnishing of
such facilities shall be subject to:
(a) ORS chapter 279A, except ORS 279A.125 and 279A.250 to 279A.290;
(b) ORS chapter 279B, except ORS 279B.235, 279B.240, 279B.270,
279B.275 and 279B.280; and
(c) ORS chapter 279C.005, 279C.100 to 279C.125 and 279C.300 to
279C.470.
(7) Shall furnish the schools with supplies, equipment, apparatus
and services essential to meeting the requirements of a standard school
and may furnish such other supplies, equipment, apparatus and services as
the board considers advisable.
(8) May construct, purchase or lease in cooperation with other
school districts or community college districts facilities for secondary
professional technical programs for pupils of more than one district and
may furnish or cooperate in furnishing supplies and equipment for such
facilities, to be financed in the same manner as other school buildings
and supplies are financed.
(9) May purchase real property upon a contractual basis when the
period of time allowed for payment under the contract does not exceed 30
years.
(10) May purchase relocatable classrooms and other relocatable
structures in installment transactions in which deferred installments of
the purchase price are payable over not more than 10 years from the date
such property is delivered to the district for occupancy and are secured
by a security interest in such property. Such transactions may take the
form of, but are not limited to, lease-purchase agreements.
(11) May enter into rental or lease-purchase agreements covering
motor vehicles operated by the district. [Formerly 332.380; 1965 c.100
§143; 1969 c.311 §2; 1969 c.434 §1; 1975 c.358 §1; 1981 c.212 §1; 1983
c.740 §103; 1989 c.138 §2; 1993 c.45 §47; 2003 c.794 §255](1) A district school board may lease,
purchase, construct, reconstruct, improve, repair, equip and furnish a
school in another school district and may expend bond proceeds and other
funds available to the board for such purposes if the board has the
written permission of the district school board of the school district in
which the school will be located. The written permission required by this
subsection shall be obtained prior to the first day on which students
will attend classes in the school.
(2) If a district school board opens a school in another school
district and does not obtain the written permission required by
subsection (1) of this section, the board of the school district in which
the school has been opened may file a complaint with the Superintendent
of Public Instruction. Upon receipt of a complaint, the state
superintendent shall schedule a contested case hearing pursuant to ORS
183.413 to 183.470. If it is determined that the written permission
required by subsection (1) of this section was not obtained, the state
superintendent shall withhold the State School Fund grant otherwise
allocated to the district that opened the school in another district
until the written permission is obtained or until some other date as
determined by the state superintendent. [2001 c.169 §2](1) Subject to ORS 330.430, the
district school board may permit the use of school buildings and grounds
for civic and recreational purposes, including use for:
(a) Supervised recreational activities;
(b) Meeting places for discussion of all subjects and questions
which in the judgment of the residents may relate to the educational,
political, economic, artistic and moral interests of the residents,
giving equal rights and privileges to all religious denominations and
political parties; and
(c) Such other proper purposes as may be determined by the board.
(2) The district school board may appoint a special supervising
officer to have charge of the buildings and grounds, preserve order,
protect school property and do all things necessary in the capacity of a
peace officer to carry out the provisions of this section.
(3) The district school board may establish a schedule of fees and
collect fees pursuant to the schedule for use of school buildings and
grounds and other facilities, including but not limited to gymnasium
equipment, swimming pools, athletic fields and tennis courts.
(4) Expenses for light, heat, janitor services and services of the
special supervising officer provided in connection with use of buildings
and grounds under this section which are not covered by the fees charged
under subsection (3) of this section shall be paid out of the county or
special school funds of the district in the same manner that other
similar services are paid.
(5) The district school board shall make rules governing the use of
school buildings and grounds under this section. [1965 c.100 §144; 1983
c.350 §170; 1993 c.45 §49; 1995 c.660 §48] (1) Whenever it
is necessary for any school district to acquire any real property for
necessary school purposes, and the owner of the real property and the
district school board cannot agree upon the price to be paid therefor,
and the damage for the taking thereof, if any, the district school board
may commence and prosecute any necessary or appropriate action for the
condemnation of the real property required for school purposes. The title
acquired by any school district by any such action shall be a fee simple
title.
(2) The procedure for condemnation shall be the procedure provided
by law for condemnation of land or rights of way by public corporations
or quasi-public corporations for public use or for corporate purposes.
[1965 c.100 §145] (1) Any school district
may own, possess, manage, operate, control, improve, sell and convey real
property used for cemetery purposes where such property is within the
school district boundaries and a deed of conveyance was executed and
delivered conveying in fee such real property from the owners thereof to
such school district prior to 1923 and such district accepted such deed
and improved such real property for cemetery purposes.
(2) Any school district owning and possessing real property
described in subsection (1) of this section may receive, own, expend and
issue moneys, notes and other evidences of indebtedness for improvement,
maintenance, operation, care and management of such real property used
for cemetery purposes. [Amended by 1967 c.67 §3]GIFTS If the district school
board accepts money and property donated for the purpose of establishing
scholarship and loan funds for the post-high-school education of students
of the district, then, subject to the conditions of the gift, the board
may appoint a scholarship committee which, subject to the rules of the
board, shall determine the eligibility of applicants for scholarships and
loans, award scholarships and loans and fix the amounts to be awarded and
the terms and conditions of the awards. [1965 c.132 §2; 1967 c.67 §4]TRANSPORTATION (1)
The district school board shall provide transportation for pupils or
combinations of pupils and other persons to and from school-related
activities where required by law or when considered advisable by the
board.
(2) The board may furnish board and room for pupils in lieu of
transportation when reasonable board and room can be provided at equal or
less expense than transportation. The board may also provide board and
room in a facility that existed on July 1, 1998, or a replacement
facility for that facility, for pupils attending a district school
through an interdistrict agreement described in ORS 327.006 (7)(a)(B) or
through a power of attorney authorized under ORS 109.056 (2). This
subsection does not apply to a pupil who attends a district school
through a power of attorney and who is a foreign exchange student
enrolled in a school under a cultural exchange program.
(3) The transportation costs or expenses for board and room shall
be paid from funds available to the district for that purpose.
(4) The district school board may expend district funds to improve
or provide for pedestrian facilities off district property if the board
finds that the expenditure reduces transportation costs of the district
and enhances the safety of pupils going to and from schools of the
district. [Formerly 338.010; 1981 c.237 §1; 1981 c.403 §3; 1993 c.45 §53;
1999 c.961 §4]Whenever any district school board lawfully provides for
transportation for pupils attending public schools, all children
attending any private or parochial school under the compulsory school
attendance laws shall, where the private or parochial school is along or
near the route designated by said board, be entitled equally to the same
rights, benefits and privileges as to transportation so provided for.
[Formerly 338.060](1) A district school board may enter into contracts whereby
motor vehicles operated by, or under lease with, the district for
transportation of school children may be leased or otherwise made
available to qualified persons or agencies, public or private, or may use
such motor vehicles, as agreed upon by the Department of Transportation,
for public transportation purposes, subject to such terms and conditions
as the district school board considers consistent with district use of
such vehicles.
(2) Transportation provided pursuant to subsection (1) of this
section shall only serve points along a route where the transportation
provided will not be in competition with any passenger carrier operated
under provisions of ORS chapter 825 or with any mass transit district
organized under ORS chapter 267.
(3) Motor vehicles used for public transportation purposes pursuant
to this section shall not be subject to ORS chapter 825.
(4) Only those vehicles operated by the district that comply with
rules adopted by the State Board of Education under ORS 820.100 and
820.120, relating to standards of vehicle construction and equipment may
be used for public transportation purposes. Drivers of the vehicles shall
be at least 18 years of age and shall comply with rules adopted by the
State Board of Education under ORS 820.110, relating to qualifications of
school bus drivers.
(5) Nothing in this section shall limit the use of school buses for
the transportation of nonstudents to or from school activities whether a
fee is charged or not. [1971 c.559 §4; 1973 c.690 §1; 1975 c.161 §4; 1981
c.403 §1; 1983 c.740 §104; 1985 c.16 §459; 1985 c.420 §21; 1989 c.491 §20]INSURANCE(1) As used in this section, “remedial
care” includes services rendered by a person licensed to practice one or
more of the healing arts within the scope of the license of the person or
any other remedial care recognized under the laws of this state.
(2) Any district school board may enter into contracts of insurance
or medical and hospital service contracts covering its employees for
remedial care and hospital benefits. In addition, the board may operate a
self-insurance program to provide its employees with remedial care and
hospital benefits. Failure to procure or operate a program of
hospital-medical insurance shall not be construed as negligence or lack
of diligence on the part of the district school board or members thereof.
(3) The school district may agree to pay none, part or all of the
premiums on policies of insurance or service contracts entered into
pursuant to this section.
(4) No premium or other periodic charge on any insurance, medical
or hospital service contract shall be paid unless the insurer or hospital
association issuing such policy or contract is by law authorized to
transact business as an insurance company or hospital association in this
state.
(5) The board may negotiate more than one contract with one or more
insurance companies or hospital associations if necessary to obtain
optimum coverage at minimum cost. [Formerly 342.598; 1997 c.795 §1; 1999
c.59 §83]Any district school board may
enter into contracts of insurance for liability or operate a
self-insurance program for liability covering all activities engaged in
by the district for medical and hospital benefits for students engaging
in athletic contests and in traffic patrols and may pay the necessary
premiums thereon. Failure to procure such insurance or operate such a
program shall in no case be construed as negligence or lack of diligence
on the part of the district school board or the members thereof.
[Formerly 332.235; 1967 c.627 §13; 1997 c.795 §2] Any school district board by
resolution may establish an insurance reserve fund by making transfers
from the district’s general fund. Transfers to the insurance reserve fund
shall be included in the district budget prepared and published in
accordance with ORS 294.305 to 294.565. If at any time conditions arise
which dispense with the necessity for further transfers to or
expenditures from a fund established pursuant to this section, the
district board shall so declare by resolution. The resolution shall order
the balance remaining in such fund to be transferred to the general fund
of the district and shall declare the insurance reserve fund closed.
[1971 c.599 §1; 1975 c.770 §23]TRAFFIC REGULATION (1) As
used in this section, “vehicles” means and includes all motor vehicles as
defined in ORS 801.360 and every other mechanical device in or on which a
person or thing is or may be carried and which is intended for such use
except road rollers, farm tractors, traction engines, police ambulances,
devices moved exclusively on stationary tracks, devices operated by
electric energy transmitted through trolley poles from trolley wires and
devices powered exclusively by human power.
(2) A district school board by resolution may adopt, modify or
abolish rules prohibiting, restricting or regulating the operation and
parking of vehicles, or particular classes or kinds of vehicles, upon
property controlled by the district, as the board considers convenient or
necessary for the policing of such property. The district school board
may require that before a quarterly or yearly parking privilege for any
vehicle is granted to any full-time or part-time student to use district
property, the student must show that the vehicle is operated by a student
holding a valid driver’s license, that the vehicle is currently
registered and that the student driving the vehicle is insured under a
motor vehicle liability insurance policy that meets the requirements
described under ORS 806.080 or that the student or owner of the vehicle
has provided the Department of Transportation with other satisfactory
proof of compliance with the financial responsibility requirements of
this state.
(3) The rules adopted under subsection (2) of this section shall
become effective when appropriate signs giving notice thereof are erected
upon property controlled by the district.
(4) Every peace officer may enforce the rules adopted under
subsection (2) of this section.
(5) The district and any municipal corporation or any department,
agency or political subdivision of this state may enter into agreements
or contracts with each other for the purpose of providing a uniform
system of enforcement of the rules adopted under subsection (2) of this
section. [Formerly 332.205; 1983 c.338 §912; 1993 c.45 §55; 1993 c.221 §1]PERSONNEL(1) A district school board may:
(a) Employ a superintendent of schools and necessary assistant
superintendents for the district and fix the terms and conditions of
employment and the compensation. The district school board shall not
contract with a superintendent for more than a period of three years at a
time. The contract shall automatically expire at the end of its term.
However, the district school board may elect to issue a subsequent
contract for an additional three years at any time.
(b) Employ personnel, including teachers and administrators,
necessary to carry out the duties and powers of the board and fix the
duties, terms and conditions of employment and the compensation.
(c) Compensate district employees in any form which may include,
but shall not be limited to, insurance, tuition reimbursement and
salaries.
(d) Employ educational assistants and intern teachers subject to
the rules of the State Board of Education.
(2) The district school board shall maintain written personnel
policies at least one copy of which shall be placed in the library and
one copy in the business office of every school in the district. Copies
shall be available for inspection by any school employee or member of the
public.
(3) The superintendent of the school district shall cause each
employee to be specifically informed of the existence and availability of
the personnel policies. [Formerly 332.320 and then 332.135; 1971 c.519
§1; 1975 c.770 §27; 1993 c.45 §56; 1997 c.864 §16] (1) As used
in this section:
(a) “School employee” includes all employees of a public school
district or an education service district.
(b) “Sick leave” means absence from duty because of a school
employee’s illness or injury or as otherwise provided for by law or by
provisions of a collective bargaining agreement. In case of conflict with
a rule adopted to interpret a law, the collective bargaining agreement to
which the parties agree shall govern.
(2) Each district shall allow each school employee at least 10
days’ sick leave at full pay for each school year or one day per month
employed, whichever is greater.
(3) At the option of the local governing board, sick leave in
excess of five consecutive work days shall be allowed only upon
certificate of the school employee’s attending physician or practitioner
that the illness or injury prevents the school employee from working.
(4) Sick leave not taken shall accumulate for an unlimited number
of days. A local governing board is required to permit a school employee
to take up to 75 days sick leave accumulated in other Oregon districts.
The accumulation shall not exceed that carried by the most recent
employing district. However, the transfer of sick leave from another
Oregon district shall not be effective until the school employee has
completed 30 working days in the new district.
(5) For purposes of determining retirement benefits, a local
governing board is required to permit a school employee to transfer an
unlimited number of days of unused accumulated sick leave from another
Oregon district employer. [Formerly 342.596]The district school board shall designate the chief
administrative officer of the district as district school clerk, but if
there is no such officer the board shall designate an individual to
perform the function. The board may appoint qualified persons as deputies
to the chief administrative officer in performing the duties required of
the district school clerk by law or by the board. [1969 c.541 §1] (1) The persons authorized to handle
district funds, including the person designated to be custodian of
district funds under ORS 328.441, shall be bonded in an amount to be
determined by law and by the district school board. The board may require
bonds on such other persons as the board may determine.
(2) The district school board shall require the district school
clerk to be bonded in an amount to be determined by the board as
reasonably necessary to protect the district against loss.
(3) The costs of bonds under subsections (1) and (2) of this
section shall be paid by the district school board in the same manner as
other expenses of the district are paid. All bonds shall be justified by
a surety company authorized to do business in this state. [1965 c.100
§161; 1975 c.770 §28] (1)
The district school board of any school district may establish a law
enforcement agency and employ such personnel as may be necessary to
insure the safety of school district personnel and students upon and in
the vicinity of school district premises and the security of the real and
personal property owned, controlled or used by or on behalf of the school
district.
(2) Persons employed and compensated as members of a law
enforcement agency of a school district, when appointed and duly sworn,
are peace officers as defined in ORS 161.015 (4), but only for the
purpose of carrying out the duties of their employment. They are not
police officers within the meaning of ORS 243.736.
(3) The district school board may:
(a) Provide for uniforms, badges, and other identification of
members of such law enforcement agency;
(b) Withdraw or withhold from any person employed as a member of
such law enforcement agency any part or all of the powers otherwise
conferred by law upon peace officers; and
(c) Define the duties of persons employed as members of such law
enforcement agency and assign additional duties to such persons as it may
deem appropriate.
(4) Between meetings of the district school board, the district
superintendent or the deputy of the superintendent shall have power to
suspend any person employed as a member of such law enforcement agency
pending review of such action as soon as practicable by the district
school board. [1975 c.666 §2; 1989 c.606 §2; 1993 c.45 §57] In
reporting the compensation of school district employees, the Department
of Education shall prepare a standard form for the purpose of reporting
the salary plus other benefits including their dollar value. [Formerly
342.604](1) As used in this section, “classified school employee”
includes all employees of a public school district except those for whom
a teaching or administrative license is required as a basis for
employment in a public school district.
(2) A classified school employee who has been demoted or dismissed
shall be entitled to a hearing before the school board if a written
request is filed with the board within 15 days of the dismissal or
demotion.
(3) School district employees subject to the civil service
provisions of ORS chapter 242 are exempt from the provisions of this
section. [Formerly 342.663](1) Each school district
shall give an individual, written notice of reasonable assurance of
continued employment to all classified school employees who are to
perform services in the same or a similar capacity during a subsequent
academic year or term or in the period immediately following a recess
period. Such notice shall be given by May 30 of each year for employees
employed as of that date and as of the date of hire for employees
employed subsequent to May 30.
(2) No liability shall accrue from failure to give the notice
required by subsection (1) of this section or from the timing or contents
thereof on the part of the school district. However, the State Board of
Education shall enforce the provisions of subsection (1) of this section.
(3) As used in this section, “classified school employee” includes
all employees of a public school district except those for whom a
teaching or administrative license is required as a basis for employment
in a public school district. [Formerly 342.617]STUDENT CENSUS The
district school board may conduct a student census to determine the
number of pupils between the ages of 4 and 20 resident within the
district. [1971 c.294 §8; 1993 c.45 §60]STUDENT TRAVEL SERVICESEach district school board shall adopt policies governing the
solicitation and sale of travel services to students enrolled in
kindergarten through grade 12. The policies shall address the
solicitation and sale of travel services to students on school property
under the jurisdiction of the school district, at activities under the
jurisdiction of the school district and at interscholastic activities
administered by a voluntary organization approved by the State Board of
Education under ORS 339.430. [1999 c.194 §11]INTELLECTUAL PROPERTY (1) Any
school district or education service district may develop or acquire
interests in intellectual property of any kind, whether patentable or
copyrightable or not, including patents, copyrights, inventions,
discoveries, processes, systems, methods and ideas. Such districts may
also agree to aid in the development of property acquired pursuant to
this section and ORS 332.750 and to pay an assignor of any interest in
intellectual property a share of any moneys received on account of the
districts’ ownership, management, use or disposition of the property.
(2) The district school board or education service district board
may manage, develop or dispose of property acquired or developed under
subsection (1) of this section, and may contract with any other public
school district, education service district, community college district
or publicly supported institution of higher education of this or any
other state or with the federal government regarding the management,
development, use or disposition thereof. The board may reassign such
property to the person from whom it was acquired. [1969 c.217 §§1, 2;
1975 c.770 §29]The district school board or education
service district board may determine the terms and conditions of any
transaction authorized by this section and ORS 332.745 and need not
require competitive bids in connection therewith. No formal publicity or
advertising is required for any transaction authorized by this section
and ORS 332.745, but the board shall make reasonable efforts to
disseminate such information to interested public school districts,
education service districts, community college districts and publicly
supported institutions of higher education. [1969 c.217 §3; 1975 c.770
§29a]
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