Chapter 332

      332.016

NOTES OF DECISIONS

      This section was inapplicable to transportation supervisor employed prior to effective date because of savings clause in section 2 of original Act. Columbia County Sch. Dist. 5 v. Prichard, 36 Or App 643, 585 P2d 701 (1978)

ATTY. GEN. OPINIONS: Public body employe serving as board member of same body, (1977) Vol 38, p 1441

      332.018

ATTY. GEN. OPINIONS: Failure to reregister as no bar to circulating nominating petitions, (1972) Vol 36, p 117

      332.045

NOTES OF DECISIONS

      This section does not require common consent be given at board meeting itself. McFetridge v. Wieck, 7 Or App 389, 490 P2d 1044 (1971)

      332.057

NOTES OF DECISIONS

      Collective bargaining agreement is enforceable against employer where employer has given negotiator sufficient authority, notwithstanding that school board has not ratified agreement. South Benton Ed. Assn. v. Monroe Union High, 83 Or App 425, 732 P2d 58 (1987), Sup Ct review denied

      332.072 to 332.111

ATTY. GEN. OPINIONS: Contribution of school district funds to private nonprofit association to conduct summer recreation program for children, (1977) Vol 38, p 1636

      332.072

NOTES OF DECISIONS

      Neither a school board nor a school district are immune from suit under the Eleventh Amendment of the United States Constitution. Hutchison v. Lake Oswego Sch. Dist. 7, 519 F2d 961 (1975)

      School board’s authority to transact all business indicates that board is final policy maker for school district. G.C. v. North Clackamas School District, 654 F. Supp. 2d 1226 (D. Or. 2009)

ATTY. GEN. OPINIONS: Contracts between school districts and photographers, (1974) Vol 37, p 49; contracts with nonprofit associations to conduct recreational programs for students, (1977) Vol 38, p 1253

      332.075

NOTES OF DECISIONS

      Statute allows agreements as to Native American mascots of many types and is not restricted to namesake mascots. Walter v. Board of Education, 301 Or App 516, 457 P3d 288 (2019)

ATTY. GEN. OPINIONS

Under former similar statute

      Private funds placed in escrow for district use, (1976) Vol 38, p 304

      332.107

NOTES OF DECISIONS

      A school board’s authority to enact rules governing student conduct is limited to enacting rules that have some reasonable connection with the educational process. Neuhaus v. Federico, 12 Or App 314, 505 P2d 939 (1973), Sup Ct review denied

      Defendants did not establish that promulgation and enforcement of hair length rule was within the authority of the school board under this section. Neuhaus v. Federico, 12 Or App 314, 505 P2d 939 (1973), Sup Ct review denied

ATTY. GEN. OPINIONS: Local school rules’ conformance to state’s rules, (1976) Vol 37, p 1185

      332.118

See annotations under ORS 331.002 in permanent edition.

      332.124

See also annotations under ORS 331.090 in permanent edition.

ATTY. GEN. OPINIONS: Failure to reregister as no bar to circulating nominating petitions, (1972) Vol 36, p 117

      332.128

ATTY. GEN. OPINIONS: Requiring candidates for school district directors be elected at large in a common school district, (1975) Vol 37, p 832

      332.138

See annotations under ORS 331.120 in permanent edition.

      332.155

NOTES OF DECISIONS

      If school district serves population of 300,000 or more, duty to provide essential services is subject to terms of Custodians’ Civil Service Law, ORS 242.310 to 242.640. Walter v. Scherzinger, 339 Or 408, 121 P3d 644 (2005)

ATTY. GEN. OPINIONS: Authority of school district to acquire and use property outside boundaries, (1973) Vol 36, p 626; contracts between school districts and photographers, (1974) Vol 37, p 49; power of school district to except right to use services as partial consideration for sale of school district property, (1979) Vol 39, p 707

      332.172

ATTY. GEN. OPINIONS: Contracts between school districts and photographers, (1974) Vol 37, p 49; use of school district facilities and equipment by nonprofit association conducting summer recreation program for children without fee, (1977) Vol 38, p 1636

      332.375

See annotations under ORS 332.075.

      332.435

NOTES OF DECISIONS

      Amendments to this section which deleted references to motor vehicles were meant to exclude liability for motor vehicle accidents from rule in Vendrell v. School District No. 26C, 226 Or 263, 360 P2d 282 (1961) and therefore liability limitation of [former] ORS 30.270 controls. Espinosa v. Southern Pacific Transportation, 291 Or 853, 635 P2d 638 (1981)

      332.505

ATTY. GEN. OPINIONS: Insuring dependents of school employes as a subject for board-employe consultation, (1971) Vol 35, p 979; monthly payment plan for employes choosing early retirement, (1982) Vol 42, p 330

      332.507

(formerly 342.596)

ATTY. GEN. OPINIONS: Validity of collective bargaining agreements between county intermediate education district and local education association on transfer of sick leave, (1975) Vol 37, p 328

      332.544

(formerly 342.663)

NOTES OF DECISIONS

      A hearing required by this section is only “informational” as opposed to “adversary.” Crampton v. Harmon, 20 Or App 676, 533 P2d 364 (1975), Sup Ct review denied

      This section does not create a property interest, the expectation of continued employment, that could not be taken without a hearing of the type required by the Due Process Clause under the United States Const. Crampton v. Harmon, 20 Or App 676, 533 P2d 364 (1975), Sup Ct review denied