Chapter 332 — Local Administration of Education

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2014 regular session. See the table of ORS sections amended or repealed during the 2014 regular session: 2014 A&R Tables

 

 

2013 EDITION

 

LOCAL ADMINISTRATION

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

332.002     Definitions for chapter

 

BOARD OF DIRECTORS

 

332.005     Directors as district school board; oath

 

332.011     Number of directors of districts under 300,000

 

332.012     Method for increasing number of board members

 

332.015     Number of directors of districts of 300,000 or more

 

332.016     Employees ineligible to serve as directors; exception

 

332.018     Term of office; qualifications; expenses

 

332.030     Vacancy in office of director

 

BOARD ORGANIZATION AND MEETINGS

 

332.040     Officers; term

 

332.045     Board meetings

 

332.055     Quorum; transaction of business

 

332.057     Duties to be performed at meetings on record

 

332.061     Hearing to expel minor students or to examine confidential medical records; exceptions to public meetings law

 

STATUS, GENERAL POWERS AND DUTIES

 

332.072     Legal status of school districts

 

332.075     Powers of board

 

332.105     General duties of board

 

332.107     Rules for school government

 

332.111     Auxiliary services

 

332.114     Issuance of diplomas to veterans

 

ELECTIONS

 

332.118     Election laws applicable; duties of Secretary of State; requirements for petitioners

 

332.122     Nomination of directors; qualifications

 

332.124     Election at large unless zoned; plurality in zones; reelection from zones; procedure when no nominee to fill zone vacancy; duration of appointments

 

332.126     Election from zones

 

332.128     Establishing zones for purpose of nominating directors

 

332.132     Zoning process

 

332.134     Reelection after zoning

 

332.136     Election of directors by position numbers

 

332.138     Election of directors; term

 

DISTRICT PROPERTY

 

332.155     Land; buildings; lease-purchase agreements; equipment and services

 

332.158     Creation of school in another school district by district school board; written permission

 

332.163     Notices related to seismic risk category of school

 

332.172     Use of school buildings and grounds for civic and recreational purposes; fee; rules

 

332.176     Large construction projects; safety improvements

 

332.182     Condemnation of realty for school purposes

 

332.207     Light fixtures

 

332.210     Districts controlling cemeteries

 

GIFTS

 

332.385     Gifts for scholarships and loans

 

TRANSPORTATION

 

332.405     Transportation; board and room; pedestrian facilities

 

332.415     Transportation of students attending private or parochial schools

 

332.427     Availability of district vehicles for public transportation purposes

 

INSURANCE

 

332.432     Insurance, medical and hospital service contracts covering school employees; self-insurance

 

332.435     Liability insurance; self-insurance program for liability; medical and hospital benefits for students

 

332.437     Insurance reserve fund

 

TRAFFIC REGULATION

 

332.445     Regulation of vehicles on school property; rules

 

PERSONNEL

 

332.505     Employment and compensation of personnel; written personnel policies

 

332.507     Sick leave for school employees; other leave

 

332.515     Chief administrative officer as district school clerk; deputies

 

332.525     Bonds for personnel

 

332.531     Law enforcement agency; personnel as peace officers

 

332.534     Standard form for reporting salaries and other benefits

 

332.544     Procedure for demoting or dismissing classified school employees

 

332.554     Notice of reasonable assurance of continued employment; when sent; effect of failure to give notice

 

STUDENT CENSUS

 

332.585     Determination of student census by school districts

 

INTELLECTUAL PROPERTY

 

332.745     Acquisition of interest in intellectual properties

 

332.750     Transactions involving intellectual property exempt from certain bidding requirements

 

GENERAL PROVISIONS

 

      332.002 Definitions for chapter. 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]

 

BOARD OF DIRECTORS

 

      332.005 Directors as district school board; oath. (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]

 

      332.010 [Amended by 1955 c.386 §7; 1957 c.634 §1; 1961 c.281 §1; repealed by 1965 c.100 §128 (332.011 enacted in lieu of 332.010)]

 

      332.011 Number of directors of districts under 300,000. 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]

 

      332.012 Method for increasing number of board members. (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]

 

      332.015 Number of directors of districts of 300,000 or more. 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]

 

      332.016 Employees ineligible to serve as directors; exception. (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]

 

      332.017 [1965 c.100 §132; repealed by 1977 c.474 §3]

 

      332.018 Term of office; qualifications; expenses. (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]

 

      332.019 [1973 c.796 §77; 1975 c.770 §17; 1983 c.350 §169; 1985 c.565 §59; repealed by 1995 c.258 §11]

 

      332.020 [Repealed by 1993 c.45 §37]

 

      332.030 Vacancy in office of director. (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

 

      332.040 Officers; term. 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]

 

      332.045 Board meetings. 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]

 

      332.050 [Amended by 1953 c.299 §2; 1957 c.634 §3; 1961 c.281 §4; renumbered 332.105]

 

      332.055 Quorum; transaction of business. 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]

 

      332.057 Duties to be performed at meetings on record. 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]

 

      332.060 [Renumbered 332.108 and then 332.057]

 

      332.061 Hearing to expel minor students or to examine confidential medical records; exceptions to public meetings law. 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]

 

      332.065 [Formerly 332.430; 1965 c.100 §138; repealed by 1993 c.45 §40]

 

      332.070 [Renumbered 332.255]

 

STATUS, GENERAL POWERS AND DUTIES

 

      332.072 Legal status of school districts. 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]

 

      332.075 Powers of board. (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 career and 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 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 294.456. 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; 2009 c.94 §5; 2011 c.313 §18]

 

      332.077 [Formerly 332.450; repealed by 1965 c.100 §130; (332.015 enacted in lieu of 332.077)]

 

      332.080 [Repealed by 1957 c.634 §13]

 

      332.085 [1953 c.424 §2 (332.085 enacted in lieu of 332.390); 1955 c.357 §1; renumbered 332.125 and then 328.565]

 

      332.090 [Repealed by 1957 c.634 §13]

 

      332.100 [Amended by 1953 c.474 §7; renumbered 336.045 and then 336.630 and then 339.875 in 1993]

 

      332.105 General duties of board. (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]

 

      332.107 Rules for school government. 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]

 

      332.108 [Formerly 332.060; 1965 c.100 §137; renumbered 332.057]

 

      332.110 [Renumbered 332.145]

 

      332.111 Auxiliary services. 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 Oregon Health Authority and the State Fire Marshal. [1967 c.200 §2; 1969 c.218 §1; 1993 c.45 §43; 2009 c.595 §207]

 

      332.114 Issuance of diplomas to veterans. (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, 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, public university listed in ORS 352.002 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; 2007 c.858 §32; 2011 c.637 §112]

 

      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.

 

      332.115 [Repealed by 1957 c.634 §13]

 

ELECTIONS

 

      332.118 Election laws applicable; duties of Secretary of State; requirements for petitioners. (1) Unless specifically provided otherwise, ORS chapter 255 governs the following:

      (a) The nomination and election of school directors.

      (b) The conduct of all school district elections.

      (2) ORS 249.865 to 249.877 govern the recall of school board members.

      (3) The Secretary of State has supervising authority over all elections conducted by school districts and over elections conducted by 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 may not be circulated for signatures until the prospective petition has been filed with the county clerk. The prospective petition must 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; 2011 c.391 §2; 2013 c.1 §28]

 

      332.120 [Renumbered 332.165]

 

      332.122 Nomination of directors; qualifications. (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]

 

      332.124 Election at large unless zoned; plurality in zones; reelection from zones; procedure when no nominee to fill zone vacancy; duration of appointments. (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]

 

      332.125 [Formerly 332.085; 1965 c.100 §62; renumbered 328.565]

 

      332.126 Election from zones. (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]

 

      332.128 Establishing zones for purpose of nominating directors. (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]

 

      332.130 [Amended by 1965 c.100 §169; renumbered 332.770]

 

      332.132 Zoning process. 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]

 

      332.134 Reelection after zoning. (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]

 

      332.135 [Formerly 332.320; 1965 c.100 §158; renumbered 332.505]

 

      332.136 Election of directors by position numbers. (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]

 

      332.138 Election of directors; term. 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]

 

      332.140 [Amended by 1959 c.526 §1; 1963 c.544 §27; renumbered 336.085]

 

      332.142 [Formerly 331.060; renumbered 330.133 in 1993]

 

      332.145 [Formerly 332.110; repealed by 1965 c.100 §456]

 

      332.150 [Amended by 1957 c.310 §11; repealed by 1957 c.634 §13]

 

DISTRICT PROPERTY

 

      332.155 Land; buildings; lease-purchase agreements; equipment and services. A district school board:

      (1) May furnish, equip, repair, lease, purchase and build schoolhouses, including high schools, junior high schools, career and technical education 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 public university listed in ORS 352.002 that is 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 that 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 career and technical education 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; 2009 c.94 §6; 2011 c.637 §113]

 

      332.158 Creation of school in another school district by district school board; written permission. (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]

 

      332.160 [Repealed by 1953 c.56 §2]

 

      332.162 [1965 c.130 §2; repealed by 1993 c.45 §48]

 

      332.163 Notices related to seismic risk category of school. A school district or education service district:

      (1) Must provide notification to the State Department of Geology and Mineral Industries when the district:

      (a) Constructs a new school building; or

      (b) Modifies an existing school building in a manner that may affect the seismic risk category of a school; and

      (2) May provide to the parents or legal guardians of the students of the district information about the seismic risk category of a school, as determined under an assessment process approved by the State Department of Geology and Mineral Industries. [2012 c.61 §4]

 

      Note: 332.163 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.

 

      332.165 [Formerly 332.120; repealed by 1965 c.100 §456]

 

      332.170 [Renumbered 332.175]

 

      332.172 Use of school buildings and grounds for civic and recreational purposes; fee; rules. (1) 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; 2011 c.313 §10]

 

      332.175 [Formerly 332.170; repealed by 1965 c.100 §456]

 

      332.176 Large construction projects; safety improvements. (1) As used in this section, “large construction project” means a construction project for which a school district must submit the question of bonded indebtedness to the electors of the school district and the total bonded indebtedness for the project is greater than $1 million.

      (2) Prior to receiving approval from the electors of the school district for bonded indebtedness for a large construction project, a school district shall:

      (a) Evaluate the need for safety improvements within one mile of an elementary school or 1.5 miles of a secondary school where the large construction project is to be completed. The safety improvements should provide safer alternative routes to schools and may include improvements for pedestrians, bicycles and motor vehicles.

      (b) Evaluate the potential for joint funding of safety improvements with other public and private entities.

      (c) Consider including the funding of safety improvements within the funding of the large construction project. The consideration of and the school district board’s decision on the funding for safety improvements as part of a large construction project shall be part of the public record relating to the project.

      (3) After receiving approval from electors for bonded indebtedness for a large construction project, a school district may select a site for the large construction project that is different from the site proposed prior to the election if the school district makes an evaluation for safety improvements for the new site as described in subsection (2) of this section before issuing any bonds for the project. [2007 c.163 §1; 2009 c.125 §1]

 

      Note: 332.176 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.

 

      332.180 [Amended by 1961 c.575 §5; renumbered 332.235 and then 332.435]

 

      332.182 Condemnation of realty for school purposes. (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]

 

      332.190 [Amended by 1965 c.100 §146; repealed by 1989 c.216 §1]

 

      332.200 [Amended by 1957 c.310 §12; renumbered 336.055 and then 336.105]

 

      332.205 [Formerly 332.400; 1965 c.100 §156; renumbered 332.445]

 

      332.207 Light fixtures. (1) As used in this section:

      (a) “School” means a school operated by a school district or a public charter school.

      (b) “T type light bulb” means a metal halide or mercury vapor light bulb that has an internal mechanism that shuts off the light within 15 minutes after the bulb is broken.

      (2) A school may use only a T type light bulb in a light fixture that is designed for metal halide or mercury vapor light bulbs.

      (3) This section does not apply to light fixtures used to light a stadium field, an outdoor athletic field or any other outdoor light fixtures except outdoor light fixtures in covered areas used by persons for recreational or educational activities. [2007 c.312 §1; 2008 c.2 §1]

 

      Note: 332.207 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.

 

      332.210 Districts controlling cemeteries. (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]

 

      332.215 [Formerly 332.370; repealed by 1965 c.100 §456]

 

      332.220 [Renumbered 332.265]

 

      332.225 [Formerly 332.240; repealed by 1965 c.100 §456]

 

      332.230 [Amended by 1963 c.136 §1; renumbered 332.275]

 

      332.235 [Formerly 332.180; 1965 c.100 §155; renumbered 332.435]

 

      332.240 [Renumbered 332.225]

 

      332.245 [Formerly 332.330; repealed by 1965 c.100 §456]

 

      332.248 [1953 c.626 §1; renumbered 332.285]

 

      332.250 [Repealed by 1953 c.626 §9]

 

      332.252 [1953 c.626 §2; renumbered 332.290]

 

      332.255 [Formerly 332.070; 1965 c.100 §147; 1971 c.98 §2; repealed by 1993 c.45 §50]

 

      332.256 [1953 c.626 §3; 1957 c.310 §13; renumbered 332.295]

 

      332.260 [Repealed by 1953 c.626 §9]

 

      332.262 [1953 c.626 §4; renumbered 332.300]

 

      332.265 [Formerly 332.220; repealed by 1965 c.100 §456]

 

      332.266 [1953 c.626 §5; renumbered 332.305]

 

      332.270 [Repealed by 1953 c.626 §9]

 

      332.272 [1953 c.626 §6; renumbered 332.315]

 

      332.275 [Formerly 332.230; 1965 c.100 §148; 1967 c.350 §1; repealed by 1975 c.771 §33]

 

      332.280 [Repealed by 1953 c.626 §9]

 

      332.285 [Formerly 332.248; 1965 c.100 §149; 1965 c.123 §1; repealed by 1975 c.771 §33]

 

      332.290 [Formerly 332.252; repealed by 1975 c.771 §33]

 

      332.295 [Formerly 332.256; 1965 c.100 §150; repealed by 1975 c.771 §33]

 

      332.300 [Formerly 332.262; 1965 c.100 §151; repealed by 1975 c.771 §33]

 

      332.305 [Formerly 332.266; 1965 c.100 §152; repealed by 1975 c.771 §33]

 

      332.310 [Repealed by 1957 c.634 §13]

 

      332.315 [Formerly 332.272; repealed by 1975 c.771 §33]

 

      332.320 [Amended by 1957 c.634 §4; renumbered 332.135 and then 332.505]

 

      332.325 [1971 c.234 §2; repealed by 1993 c.45 §51]

 

      332.330 [Amended by 1957 c.634 §5; renumbered 332.245]

 

      332.340 [Amended by 1957 c.634 §6; renumbered 336.225 and then 336.035]

 

      332.350 [Amended by 1957 c.634 §7; renumbered 336.285 and then 336.125]

 

      332.360 [Amended by 1957 c.634 §8; renumbered 336.073]

 

      332.370 [Amended by 1957 c.634 §9; renumbered 332.215]

 

      332.375 [1965 c.147 §2; repealed by 1993 c.45 §52]

 

      332.380 [Amended by 1957 c.634 §10; 1963 c.131 §1; renumbered 332.155]

 

GIFTS

 

      332.385 Gifts for scholarships and loans. 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]

 

      332.390 [Repealed by 1953 c.424 §2 (332.085 enacted in lieu of 332.390)]

 

      332.400 [1961 c.570 §§1,2,4,5; renumbered 332.205 and then 332.445]

 

TRANSPORTATION

 

      332.405 Transportation; board and room; pedestrian facilities. (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 as 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; 2011 c.718 §17]

 

      332.410 [Amended by 1957 c.634 §11; renumbered 332.045]

 

      332.415 Transportation of students attending private or parochial schools. 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]

 

      332.420 [Renumbered 332.055]

 

      332.425 [Formerly 338.070; repealed by 1993 c.45 §54]

 

      332.427 Availability of district vehicles for public transportation purposes. (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]

 

      332.430 [Amended by 1957 c.634 §12; renumbered 332.065]

 

INSURANCE

 

      332.432 Insurance, medical and hospital service contracts covering school employees; self-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]

 

      332.435 Liability insurance; self-insurance program for liability; medical and hospital benefits for students. 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]

 

      332.437 Insurance reserve fund. 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]

 

      332.440 [Renumbered 332.075]

 

TRAFFIC REGULATION

 

      332.445 Regulation of vehicles on school property; rules. (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]

 

      332.450 [Renumbered 332.077]

 

      332.460 [Repealed by 1953 c.56 §2]

 

      332.470 [Formerly 336.500; 1975 c.770 §26; repealed by 1977 c.146 §2]

 

PERSONNEL

 

      332.505 Employment and compensation of personnel; written personnel policies. (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 and make the policies 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; 2013 c.434 §2]

 

      332.507 Sick leave for school employees; other leave. (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]

 

      332.510 [Amended by 1953 c.135 §3; repealed by 1965 c.100 §159 (332.511 enacted in lieu of 332.510)]

 

      332.511 [1965 c.100 §160 (enacted in lieu of 332.510); repealed by 1969 c.541 §4]

 

      332.515 Chief administrative officer as district school clerk; deputies. 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]

 

      332.520 [Amended by 1953 c.135 §3; repealed by 1965 c.100 §456]

 

      332.525 Bonds for personnel. (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]

 

      332.530 [Repealed by 1965 c.100 §456]

 

      332.531 Law enforcement agency; personnel as peace officers. (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]

 

      332.534 Standard form for reporting salaries and other benefits. 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]

 

      332.535 [1973 c.357 §1; repealed by 1993 c.45 §58]

 

      332.540 [Amended by 1953 c.512 §2; 1957 c.198 §1; 1963 c.544 §28; 1963 c.570 §1b; renumbered 332.705]

 

      332.544 Procedure for demoting or dismissing classified school employees. (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]

 

      332.545 [Amended by 1957 c.198 §2; renumbered 332.710]

 

      332.550 [Renumbered 332.715]

 

      332.554 Notice of reasonable assurance of continued employment; when sent; effect of failure to give notice. (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]

 

      332.570 [Renumbered 332.720]

 

      332.575 [1971 c.294 §9; renumbered 326.355 in 1993]

 

      332.580 [Repealed by 1953 c.234 §2]

 

STUDENT CENSUS

 

      332.585 Determination of student census by school districts. 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]

 

      332.590 [Amended by 1957 c.198 §3; 1963 c.570 §1c; renumbered 332.725]

 

      332.593 [1999 c.194 §11; repealed by 2011 c.313 §25]

 

      332.595 [1971 c.294 §10; 1973 c.827 §28; 1979 c.836 §4; 1981 c.404 §2; 1987 c.533 §3; 1989 c.342 §2; 1993 c.749 §1; renumbered 339.133 in 1993]

 

      332.600 [Amended by 1957 c.198 §4; renumbered 332.730]

 

      332.610 [Amended by 1957 c.622 §4; repealed by 1963 c.544 §52]

 

      332.620 [Repealed by 1965 c.100 §456]

 

      332.630 [Repealed by 1965 c.100 §456]

 

      332.640 [Repealed by 1965 c.100 §456]

 

      332.650 [Repealed by 1965 c.100 §456]

 

      332.660 [Repealed by 1965 c.100 §456]

 

      332.670 [Repealed by 1963 c.544 §52]

 

      332.680 [Repealed by 1965 c.100 §456]

 

      332.705 [Formerly 332.540; 1965 c.100 §162; repealed by 1971 c.294 §12]

 

      332.710 [Formerly 332.545; repealed by 1965 c.100 §456]

 

      332.715 [Formerly 332.550; 1965 c.100 §163; repealed by 1971 c.294 §12]

 

      332.720 [Formerly 332.570; 1965 c.100 §164; repealed by 1971 c.294 §12]

 

      332.725 [Formerly 332.590; 1965 c.100 §165; repealed by 1971 c.294 §12]

 

      332.730 [Formerly 332.600; 1965 c.100 §166; repealed by 1971 c.294 §12]

 

INTELLECTUAL PROPERTY

 

      332.745 Acquisition of interest in intellectual properties. (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]

 

      332.750 Transactions involving intellectual property exempt from certain bidding requirements. 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]

 

      332.760 [1965 c.100 §168; 1981 c.391 §12; repealed by 1997 c.541 §268]

 

      332.770 [Formerly 332.130; repealed by 1975 c.770 §49]

 

      332.790 [1969 c.451 §1; renumbered 339.860 in 1993]

 

      332.810 [Formerly 341.310; repealed by 1965 c.100 §456]

 

      332.820 [Formerly 341.320; repealed by 1965 c.100 §456]

 

      332.830 [Formerly 341.330; repealed by 1965 c.100 §456]

 

      332.840 [Formerly 341.340; repealed by 1965 c.100 §456]

 

      332.990 [Subsection (5) of 1963 Replacement Part enacted as 1961 c.570 §3; parts renumbered 336.990; subsection (8) of 1963 Replacement Part derived from 341.990; repealed by 1965 c.100 §456]

_______________