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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 337 Books and Instructional Materials
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The
Superintendent of Public Instruction shall, under the direction of the
State Board of Education, mail a copy of a circular to all the leading
school textbook publishers in the United States. The circular shall
contain:
(1) The name and post-office address of the State Board of
Education.
(2) The time and place of meeting of the board to review and adopt
textbooks.
(3) The general form of the proposal to be followed by publishers
in submitting textbooks for review and adoption.
(4) The general form of contract to be entered into between the
board and a publisher whose textbooks may be adopted.
(5) The branches of study for which textbooks are to be adopted.
(6) The statutory provisions relating to the review and adoption of
textbooks.
(7) Such additional information as may be considered useful.
[Amended by 1965 c.100 §251; 1975 c.754 §5; 1991 c.886 §3]The State
Board of Education by rule shall establish guidelines and criteria for
the review and selection of textbooks and other instructional materials
to be placed on the list adopted under ORS 337.050. [1975 c.754 §3; 2001
c.461 §1] (1) The
State Board of Education shall review and adopt, for periods established
by the board, a list of textbooks and other instructional materials for
use by school districts. The list shall contain, whenever possible:
(a) More than one textbook selection for each grade and subject
field in the standard curriculum for which, in its judgment, textbooks
are required; and
(b) More than one instructional material selection for each grade
and subject field in the standard curriculum for which, in its judgment,
instructional materials are required.
(2) The State Board of Education shall consider the best
educational interests of the students as well as the most economical
method of purchasing textbooks and instructional materials in setting
periods for textbook and instructional material review and adoption.
(3) The board shall refrain from adopting any textbook or
instructional material in a subject field whenever it finds that no
textbook or instructional material can be documented as meeting, to the
degree determined by the board, the guidelines and criteria established
by the board for textbooks and instructional materials.
(4) The board may approve the request of a publisher to substitute
a more recent edition of any officially adopted textbook or item of
instructional material in lieu of the edition or item adopted by the
board. [Amended by 1953 c.121 §3; 1953 c.526 §3; 1955 c.406 §2; 1965
c.100 §253; 1967 c.370 §1; 1975 c.754 §7; 1983 c.300 §1; 1991 c.886 §4;
1997 c.115 §1; 2001 c.461 §2] (1) The proposals of
each publisher shall be submitted to the Department of Education in
writing and shall be responsive to the requirements of ORS 337.030 (3)
and (4), and such other information relating to the terms and conditions
under which the publisher proposes to furnish textbooks as the State
Board of Education may require.
(2) In addition to the material required under subsection (1) of
this section, the proposal shall include documentation and analysis on
each textbook showing how it conforms to the guidelines and criteria
adopted by the State Board of Education for the review and adoption of
textbooks. [Amended by 1965 c.100 §254; 1975 c.754 §8; 1991 c.886 §5] (1) The Department of Education shall
collect from each publisher or other supplier who submits a proposal
under ORS 337.060 a fee equal to the retail price, or $50, whichever is
the greater, for each textbook title or item of instructional material
proposed by the publisher or supplier for review and adoption by the
board. Fees are payable prior to consideration of the proposal.
(2) The moneys received under subsection (1) of this section shall
be paid into the State Treasury and placed to the credit of the
Department of Education. The moneys are continuously appropriated to meet
expenses incurred under this chapter. [1967 c.370 §§2, 3; 1975 c.754 §9;
1991 c.886 §6] (1) The State Board of
Education may adopt or reject any textbook contained in any proposal. If
the terms and conditions for furnishing a textbook in all proposals
relating to that textbook are considered by the board to be unreasonable
or the textbook is considered to be unsuitable pursuant to guidelines and
criteria established by the board, the board may reject the textbook.
(2) At the same or subsequent sessions, the board may receive new
proposals for a textbook previously rejected and adopt the textbook in
the same manner as other textbooks are required to be adopted. No
proposal shall be considered unless the publisher has delivered without
charge two copies of each textbook contained in the proposal to the
Department of Education at least 60 days before the meeting. [1965 c.100
§255; 1975 c.754 §10; 1991 c.886 §7]
The State Board of Education shall immediately report to the public the
textbooks and instructional materials that have been adopted and placed
on the list under ORS 337.050. The report shall be signed by the
chairperson of the board. [Amended by 1965 c.100 §256; 1975 c.754 §11;
1991 c.886 §8; 2001 c.461 §3]
(1) The State Board of Education, as soon as practicable, shall enter
into a written contract with each publisher the textbook of which has
been adopted. The contract shall require the publisher to maintain at
least one depository to be designated by the board, where such textbooks
may be purchased and to furnish such textbooks according to law and the
conditions named in the proposal.
(2) The board shall take from each publisher entering into a
contract a good and sufficient bond, or an irrevocable letter of credit
issued by an insured institution, as defined in ORS 706.008, in such sum
as stipulated damages as the board may determine, payable to the State of
Oregon for the benefit of the Common School Fund, executed by the
publisher as obligor together with a surety company authorized to do
business in this state as surety and approved by the board, for the full
and faithful performance of the contract.
(3) If any publisher fails to carry out the provisions of the
contract on the part of the publisher, or, with intent to evade the
provisions of the contract, sells any of the textbooks in this state at
prices higher than specified in the contract of the publisher, the board
may, on behalf of the state, rescind the contract and notify the
publisher thereof, or bring the appropriate action or suit to enforce the
provisions of the publisher’s bond or letter of credit. [Amended by 1965
c.100 §257; 1975 c.754 §12; 1991 c.331 §57; 1991 c.886 §9; 1997 c.631
§463]
The Superintendent of Public Instruction shall, under the direction of
the State Board of Education, issue a circular giving the full title of
each textbook and a description of the instructional materials adopted by
the board and placed on the list under ORS 337.050. The circular may
include such other information as the board may consider useful. [Amended
by 1965 c.100 §258; 1975 c.754 §13; 1991 c.886 §10; 2001 c.461 §4]If at any time during the period for which a
textbook or other instructional material is on the approved list adopted
under ORS 337.050, it becomes necessary for the State Board of Education
to adopt any textbook or other instructional material instead of those
regularly adopted, the chairperson of the board may call a special
session of the board. It may, upon convening, adopt such textbook or
other instructional material in the same manner as other textbooks or
other instructional materials are required to be adopted; except the
Superintendent of Public Instruction need not in such case cause
circulars described in ORS 337.030 to be sent to publishers. [Amended by
1965 c.100 §259; 1967 c.99 §1; 1975 c.754 §14; 1991 c.886 §11; 1997 c.115
§2; 2001 c.461 §5](1) Except as otherwise provided by ORS 337.141,
the district school board, with the assistance of teachers and
administrators of the district, shall adopt textbooks and other
instructional materials for each grade and subject field for which
instruction is provided by the district school board from the approved
list. The district school board shall involve parents and citizens in the
process.
(2) The district school board shall cause the books or materials,
according to titles, so adopted to be used in its schools at the
beginning of the next school year following the state adoption, except
when, pursuant to rules of the State Board of Education, the district
school board is authorized by the Superintendent of Public Instruction to
postpone such use for a reasonable period of time. [Amended by 1953 c.121
§3; 1965 c.100 §260; 1967 c.100 §1; 1975 c.754 §15; 1989 c.491 §27; 1991
c.886 §12; 1997 c.115 §3]Upon prior notice to the State Board of Education, the
district school board of any school district may adopt and use textbooks
or other instructional materials in place of or in addition to those
adopted by the State Board of Education provided they meet the guidelines
and criteria established by the State Board of Education. [1965 c.100
§262 (enacted in lieu of 337.140); 1975 c.754 §16; 1979 c.273 §2; 1991
c.886 §13; 2001 c.461 §6]
(1) Subject to ORS 339.155, each district school board shall provide
textbooks, prescribed or authorized by law, for free use by all resident
public school pupils enrolled in kindergarten through grade 12.
(2) Subject to ORS 339.155, each public charter school as defined
in ORS 338.005 shall provide textbooks, prescribed or authorized by law,
for free use by all pupils enrolled in the public charter school.
[Amended by 1955 c.486 §2; 1957 c.272 §1; 1965 c.100 §263; 1965 c.272 §1;
1979 c.273 §1; 1989 c.130 §1; 1993 c.45 §303; 1999 c.200 §30] Every
district school board, the State Board of Education and every committee
or officer responsible for the adoption of textbooks for use in the
public schools shall adopt textbooks on American history and government
which adequately stress the services rendered by those who achieved our
national independence, who established our form of constitutional
government and who preserved our federal union. Respect for all people,
regardless of race, color, creed, national origin, age, sex, or
disability, and their contributions to our history and system of
government shall be reflected in the textbooks adopted by the State Board
of Education. [Amended by 1965 c.100 §265; 1975 c.754 §17; 1985 c.388 §2;
1985 c.709 §3; 1991 c.886 §14; 1993 c.45 §§304,305] (1) The State Board of
Education shall include instructional materials on explicit phonics with
decodable text on the statewide list of instructional materials adopted
for inclusion in the reading instruction programs for kindergarten
through grade two.
(2) Each school district shall provide instructional materials on
explicit phonics with decodable text from which classroom teachers may
select for use as part of the reading instruction program in kindergarten
through grade two. [1999 c.265 §1]Note: 337.275 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 337 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1) “Participating school” means a public school, public charter
school or private school that collects donated books from students, civic
groups and members of the community for distribution to children who have
few books at home.
(2) “Recipient school” means a public school or public charter
school that receives donated books for distribution to students attending
the school. [2001 c.271 §1]Note: 337.285 and 337.288 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 337 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There
is created the Spread the Word Program in the Department of Education.
The purpose of the program is to provide books to elementary school
children in kindergarten through grade five who have few books at home.
Under the program, participating schools, individuals and civic groups
may collect children’s books that shall be donated to recipient schools
for distribution to eligible children.
(2) The department shall:
(a) Establish assessment criteria to identify children eligible to
receive books under the program; and
(b) Develop an informational brochure on the program and distribute
the brochure to public schools and public charter schools in this state.
(3) Participating schools that are not private schools shall:
(a) Conduct book drives;
(b) Review donated books to ensure that they are appropriate for
elementary school children and in satisfactory condition for distribution;
(c) Count, sort and pack the books; and
(d) Contact the school district to report the approximate number of
books to be collected by the school district for distribution to
elementary school children who have few books at home.
(4) Participating schools that are private schools and individuals
and civic groups may deliver donated books to a participating school that
is a public school or public charter school for review and collection as
provided in subsection (3) of this section.
(5) School districts shall:
(a) Collect donated books from participating schools within the
district; and
(b) Arrange for the donated books to be transported to the
recipient school.
(6) A recipient school shall distribute books to those children
identified as eligible under criteria developed by the department under
subsection (2) of this section.
(7) Records of children who receive books pursuant to this section
are not public records. [2001 c.271 §2; 2005 c.209 §25]Note: See note under 337.285.(1) A kindergarten through grade 12 public school student
may refuse to dissect any vertebrate or invertebrate animal or the parent
or legal guardian of a kindergarten through grade 12 public school
student may refuse to allow the student to dissect any vertebrate or
invertebrate animal.
(2) A school district that includes dissection as part of its
coursework shall permit students to demonstrate competency in the
coursework through alternative materials or methods of learning that do
not include the dissection of animals. These alternative materials and
methods may include but are not limited to:
(a) Videotapes, DVDs and CD-ROMs;
(b) Models;
(c) Films;
(d) Books;
(e) Computer programs;
(f) Clay modeling; and
(g) Transparencies.
(3) A kindergarten through grade 12 public school teacher may not
discriminate against a student or lower the grade of a student for not
participating in the dissection of an animal.
(4) A school district shall notify students who have dissection as
part of their coursework and the parents and legal guardians of those
students about the provisions of this section. [2005 c.460 §1]Note: 337.300 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 337 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
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