Chapter 332 — Local Administration of Education

 

2023 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; stipend and 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 records; exceptions to public meetings law

 

STATUS, GENERAL POWERS AND DUTIES

 

332.072     Legal status of school districts

 

332.075     Powers of board; rules

 

332.105     General duties of board

 

332.107     Rules for school government

 

332.111     Auxiliary services

 

332.112     Prohibition related to wearing of Native American items of cultural significance

 

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; written permission or written notice

 

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

 

SCHOOL ENVIRONMENTAL CONDITIONS

 

332.331     Healthy and Safe Schools Plan

 

332.334     Tests of schools under plan; results; annual statement; rules

 

332.337     Healthy School Facilities Fund

 

332.341     Provision of information to school districts about elevated levels of radon

 

332.345     Tests of schools for elevated levels of radon; plan; results

 

SCHOOL VENTILATION QUALITY

 

332.352     Definitions for ORS 332.352 to 332.365

 

332.354     Ventilation verification assessment

 

332.356     Carbon dioxide monitors and alarms; rules

 

332.358     HVAC assessment report; review by mechanical engineer

 

332.361     Contractor requirements for indoor HVAC infrastructure improvements

 

332.363     HVAC verification report

 

332.365     Rules

 

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     Employment of 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) Except as provided in ORS 255.400 to 255.424, 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; 2019 c.449 §29]

 

      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; stipend and expenses. Except as provided in ORS 255.400 to 255.424:

      (1) The term of office of director is four years.

      (2) A person is not eligible to serve as director unless the person is an elector of the district and has resided in the district for the period of one year immediately preceding the election or appointment.

      (3)(a) A district school board may choose to provide each director who is a voting member of the board with a stipend in an amount determined by the board, not to exceed $500 per month, as adjusted based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor.

      (b) If the district school board provides a stipend, the board:

      (A) Must allow individual directors to choose to not receive the stipend; and

      (B) May provide, in addition to the stipend, reimbursement for actual and necessary expenses incurred or paid by the director in the performance of the duties of the director.

      (c) If the district school board does not provide a stipend, the board must provide reimbursement for actual and necessary expenses incurred or paid by the director in the performance of the duties of the director.

      (d) A stipend provided to a director constitutes part of the director’s official compensation package for purposes of ORS 244.040, but a director who receives a stipend is not considered an employee of the school district. [1975 c.770 §13; 1983 c.350 §168a; 1983 c.379 §6; 2019 c.449 §30; 2023 c.321 §1]

 

      Note: Section 2, chapter 321, Oregon Laws 2023, provides:

      Sec. 2. Notwithstanding ORS 332.018 (3)(a), as amended by section 1 of this 2023 Act, the first adjustment of the stipend amount may not occur until July 1, 2024. [2023 c.321 §2]

 

      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. Except as provided in ORS 255.400 to 255.424:

      (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; 2019 c.449 §31]

 

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 records; exceptions to public meetings law. Notwithstanding ORS 192.610 to 192.705 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 records of a student.

      (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 records.

      (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; 2019 c.196 §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; rules. (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 educator preparation provider, as defined in ORS 342.120, and for such purposes may enter into contracts with the approved educator preparation provider 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 only if the organization:

      (A) Implements equity focused policies that:

      (i) Address the use of derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule that occurs at an interscholastic activity, including by spectators of the interscholastic activity;

      (ii) Prohibit discrimination as defined in ORS 659.850;

      (iii) Permit a student to wear religious clothing in accordance with the student’s sincerely held religious belief and consistent with any safety and health requirements; and

      (iv) Balance the health, safety and reasonable accommodation needs of participants on an activity-by-activity basis;

      (B) Maintains a transparent complaint process that:

      (i) Has a reporting system to allow participants of interscholastic activities or members of the public to make complaints about student, coach or spectator behavior;

      (ii) Responds to a complaint made under sub-subparagraph (i) of this subparagraph within 48 hours of the complaint being received; and

      (iii) Strives to resolve a complaint received under sub-subparagraph (i) of this subparagraph within 30 days of the complaint being received;

      (C) Develops and implements a system of sanctions against schools, students, coaches and spectators if a complaint made under subparagraph (B) of this paragraph is verified; and

      (D) Performs an annual survey of students and their parents to understand and respond to potential violations of equity focused policies adopted under subparagraph (A) of this paragraph or violations of ORS 659.850.

      (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.

      (g) Enter into an approved written agreement with the governing body of a federally recognized Native American tribe in Oregon to allow the use of a mascot that represents, is associated with or is significant to the Native American tribe entering into the agreement. An agreement entered into under this paragraph must:

      (A) Describe the acceptable uses of the mascot;

      (B) Comply with rules adopted by the State Board of Education that:

      (i) Are adopted after consultation with the federally recognized tribes in Oregon pursuant to ORS 182.164 (3); and

      (ii) Prescribe the requirements for approval; and

      (C) Be approved by the State Board of Education, which the board must provide if the agreement meets the requirements of this paragraph and the rules adopted under this paragraph.

      (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; 2014 c.43 §1; 2015 c.245 §41; 2015 c.647 §2; 2019 c.417 §1; 2021 c.239 §2]

 

      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]

 

      332.112 Prohibition related to wearing of Native American items of cultural significance. (1) As used in this section:

      (a) “Native American items of cultural significance” means items or objects that are traditionally associated with a Native American or that have religious or cultural significance to a Native American.

      (b) “Public school event” means a graduation ceremony, an award ceremony, a public meeting or any other public event held or sponsored by a school district.

      (c) “School district” includes a school district, a public charter school, an education service district and the Oregon School for the Deaf.

      (2) A school district may not prohibit a student from wearing Native American items of cultural significance at a public school event.

      (3) Nothing in this section prevents a school district from prohibiting an item or object that:

      (a) Is likely to cause a substantial disruption of, or material interference with, a public school event; or

      (b) Replaces a cap or gown customarily worn at a graduation ceremony. [2021 c.45 §1]

 

      Note: 332.112 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.

 

      332.114 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) Was discharged or released under honorable conditions from the Armed Forces of the United States; and

      (c) Served in the Armed Forces of the United States as described in subsection (4) of this section.

      (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; 2017 c.66 §15; 2017 c.149 §2]

 

      Note: 332.114 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      332.115 [Repealed by 1957 c.634 §13]

 

ELECTIONS

 

      332.118 Election laws applicable; duties of Secretary of State; requirements for petitioners. Except as provided in ORS 255.400 to 255.424:

      (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; 2019 c.449 §10]

 

      332.120 [Renumbered 332.165]

 

      332.122 Nomination of directors; qualifications. (1) Except as provided in ORS 255.400 to 255.424, 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) Except as provided in ORS 255.400 to 255.424, 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; 2019 c.449 §11]

 

      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) Except as provided in ORS 255.400 to 255.424, 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) Except as provided in ORS 255.400 to 255.424, 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; 2019 c.449 §12]

 

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

 

      332.126 Election from zones. Except as provided in ORS 255.400 to 255.424:

      (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; 2019 c.449 §13]

 

      332.128 Establishing zones for purpose of nominating directors. (1) Except as provided in ORS 255.400 to 255.424, 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) Except as provided in ORS 255.400 to 255.424, 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; 2019 c.449 §14]

 

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

 

      332.132 Zoning process. Except as provided in ORS 255.400 to 255.424, 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; 2019 c.449 §15]

 

      332.134 Reelection after zoning. Except as provided in ORS 255.400 to 255.424:

      (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; 2019 c.449 §16]

 

      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. Except as provided in ORS 255.400 to 255.424, 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; 2019 c.449 §17]

 

      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 subsection include lease-purchase agreements under which the district may acquire ownership of the leased property at a nominal price. 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 the 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 facilities for educator preparation providers 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 for those activities.

      (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 on the property or furnished to the specifications of the district. The construction or furnishing of the 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 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 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 the 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 the property is delivered to the district for occupancy and are secured by a security interest in such property. Transactions under this subsection 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.

      (12) May enter into transactions that are expected to reduce the cost to the district for school facilities, including:

      (a) Entering into an agreement or taking any other action to allow the district to use state or federal tax credits or state or federal funding sources;

      (b) Entering into a lease or sublease, partnership agreement or other contract for property that is financed with general obligation bond proceeds or other district funds; or

      (c) Loaning or otherwise contributing general obligation bond proceeds or other district funds to transactions authorized by this subsection. [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; 2015 c.245 §42; 2015 c.474 §1]

 

      332.158 Creation of school in another school district; written permission or written notice. (1) A district school board may lease, purchase, construct, reconstruct, improve, repair, equip or furnish a school in another school district and may expend bond proceeds or 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 must be obtained prior to the first day on which students will attend classes in the school.

      (2) If a district school board opens or operates 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 or operated may file a complaint with the Superintendent of Public Instruction. Upon receipt of a complaint, the superintendent shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470.

      (3) Upon a determination that the written permission required by subsection (1) of this section was not obtained, the superintendent shall withhold State School Fund moneys otherwise allocated to the school district. The superintendent shall withhold moneys until the written permission is obtained or until some other date determined by the superintendent.

      (4) The provisions of this section do not apply to a public charter school. [2001 c.169 §2; 2015 c.75 §1; 2023 c.163 §3]

 

      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]

 

      332.166 [2015 c.729 §1; renumbered 332.341 in 2017]

 

      332.167 [2015 c.729 §2; renumbered 332.345 in 2017]

 

      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]

 

SCHOOL ENVIRONMENTAL CONDITIONS

 

      332.331 Healthy and Safe Schools Plan. (1) A school district, education service district or public charter school shall develop and adopt a plan, to be known as the Healthy and Safe Schools Plan, for the district or school. The plan must address environmental conditions at the facilities owned or leased by the district or school where students or staff are present on a regular basis. The Department of Education, in consultation with the Oregon Health Authority, the Department of Environmental Quality and other interested stakeholders, shall develop and adopt a model plan to provide guidance to the districts and schools in developing and adopting plans under this section.

      (2) A school district, education service district or public charter school shall provide a copy of a plan developed and adopted under this section to the Department of Education. The district or school shall annually review the plan. If the information contained in a plan has changed since the preceding annual review due to the acquisition or remodeling of a facility, the termination of regular use of the facility by students and staff or a modification in the method, location, scope, frequency or other aspects of addressing environmental conditions, the district or school shall revise the plan as necessary to address the change in information and provide a copy of the revised plan to the department.

      (3) A plan developed and adopted under this section must, at a minimum, include the following:

      (a) The identification of, and contact information for, a position within the administration of the school district, education service district or public charter school having responsibility for maintaining and overseeing performance of the plan.

      (b) A list of all facilities of the school district, education service district or public charter school that are subject to the plan.

      (c) Provisions regarding testing for, and reducing exposure to, elevated levels of lead in water used for drinking or food preparation as required under guidelines adopted by the authority.

      (d) Provisions consistent with the United States Environmental Protection Agency Renovation, Repair and Painting Rule set forth in 40 C.F.R. section 745 regarding testing for, and reducing exposure to, lead-based paint.

      (e) Provisions consistent with federal law regarding testing for, and reducing exposure to, asbestos.

      (f) Provisions consistent with ORS 332.345 regarding testing for, and reducing exposure to, elevated levels of radon.

      (g) Provisions for carrying out integrated pest management as provided under ORS 634.700 to 634.750.

      (h) Provisions for installing carbon monoxide detection devices in proximity to fuel burning appliances that emit carbon monoxide, if installation is required under the state building code.

      (4) A plan described in subsection (3) of this section must provide for any laboratory analysis on test samples to be carried out by a laboratory having a type and level of accreditation recognized as appropriate by the authority.

      (5) The authority, in consultation with the department, school districts, education service districts, public charter schools and other interested stakeholders, may provide districts and schools with recommendations regarding evidence-based practices for the reduction of environmental conditions not addressed in subsection (3) of this section that may present health concerns if present in district or school facilities. The recommendations may include, but need not be limited to, recommendations regarding:

      (a) Methods for limiting or reducing exposure to high levels of diesel engine exhaust; and

      (b) Identification of mold, including but not limited to advice regarding how to recognize the presence of mold.

      (6) The authority shall develop information sheets for use by school districts, education service districts and public charter schools to inform staff, students, parents of minor students and other interested stakeholders about substances that may present health concerns if present in district or school facilities.

      (7) The department, in consultation with the authority, representatives of school districts, education service districts and public charter schools and other interested stakeholders, shall make opportunities for professional development available to district and school staff regarding plan requirements under this section and the provision of information as required under ORS 332.334. [2017 c.700 §1]

 

      Note: 332.331 to 332.337 were enacted into law by the Legislative Assembly but were 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.

 

      332.334 Tests of schools under plan; results; annual statement; rules. (1)(a) A school district, education service district or public charter school shall make the results of any testing conducted under a plan described in ORS 332.331 available to the public no later than 10 business days after receiving the test results. As used in this paragraph, “business day” means a day that is not a Saturday, a legal holiday under ORS 187.010 or 187.020 or a day on which the administrative headquarters for the district or school is closed.

      (b) The district or school shall make the test results available:

      (A) If the district or school maintains a public website, by posting the test results on the website;

      (B) By sending electronic mail to staff, students and parents of minor students for whom the district or school has electronic mail addresses on file; and

      (C) By making the test results available in printed form at the administrative headquarters for the district or school.

      (2) A school district, education service district or public charter school shall provide an annual statement regarding the plan developed and adopted by the district or school under ORS 332.331. The district or school shall provide the statement to:

      (a) The governing body for the district or school;

      (b) The parents of minor students; and

      (c) Any students 18 years of age or older.

      (3) The annual statement under subsection (2) of this section must include, but need not be limited to, the following information:

      (a) Identification of, and contact information for, the position within the administration of the school district, education service district or public charter school having responsibility for maintaining and overseeing performance of the plan;

      (b) Information regarding where copies of the plan are available;

      (c) A certification that the district or school is in compliance with any testing requirements under the plan;

      (d) Information about how to obtain the results of any testing conducted under the plan; and

      (e) A summary of major exposure reduction activities conducted under the plan since the preceding annual statement.

      (4) If a school district, education service district or public charter school maintains a publicly available website, the district or school shall post the annual statement described in subsection (3) of this section on the website. The district or school shall make the annual statement available in printed form at the administrative headquarters for the district or school.

      (5) The Department of Education shall adopt, in consultation with the Oregon Health Authority, representatives of school districts, education service districts and public charter schools and other interested stakeholders, rules for carrying out this section. [2017 c.700 §2]

 

      Note: See note under 332.331.

 

      332.337 Healthy School Facilities Fund. (1) The Healthy School Facilities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Healthy School Facilities Fund shall be credited to the fund.

      (2) Moneys in the fund are continuously appropriated to the Department of Education for the purpose of providing financial assistance to school districts, education service districts and public charter schools in carrying out the adoption, administration and enforcement of plans described in ORS 332.331, including but not limited to the conducting of testing and exposure reduction activities. [2017 c.700 §3]

 

      Note: See note under 332.331.

 

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

 

      332.341 Provision of information to school districts about elevated levels of radon. (1) The Oregon Health Authority shall disseminate information related to elevated levels of radon to each school district in this state. Information disseminated under this section must include:

      (a) Information about radon and the dangers associated with elevated levels of radon;

      (b) The level of radon at which the United States Environmental Protection Agency recommends schools take action to reduce indoor radon concentrations;

      (c) Processes by which schools may be tested for elevated levels of radon; and

      (d) Model plans developed pursuant to ORS 332.345.

      (2) Dissemination of information under subsection (1)(c) of this section must take into account industry standards for testing buildings for elevated levels of radon.

      (3) Upon request, the State Board of Education shall assist the authority in disseminating the information described in this section. Dissemination of information may occur by any reasonable means, including posting the information on a website maintained by the authority or the Department of Education and providing each school district with instructions on how to access the information. [Formerly 332.166]

 

      Note: 332.341 and 332.345 were enacted into law by the Legislative Assembly but were 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.

 

      332.345 Tests of schools for elevated levels of radon; plan; results. (1) A school district shall develop a plan for testing schools for elevated levels of radon. At a minimum, plans developed under this subsection must:

      (a) Provide for the testing of radon in any frequently occupied room in contact with the ground or located above a basement or a crawlspace; and

      (b) Provide for the testing of radon in a school at least once every 10 years.

      (2) The Oregon Health Authority shall develop model plans for school districts to follow in implementing the requirements of this section. The authority shall seek the input of the Oregon School Boards Association in developing the model plans.

      (3) Results of a test performed under this section must be:

      (a) Provided to the district school board;

      (b) Provided to the authority in a manner prescribed by the authority; and

      (c) Made readily available to parents, guardians, students, school employees, school volunteers, administrators and community representatives at the school’s office or school district’s office or on a website for the school or school district.

      (4) Information provided and made available under subsection (3) of this section must include the level of radon at which the United States Environmental Protection Agency recommends schools take action to reduce indoor radon concentrations. [Formerly 332.167]

 

      Note: See note under 332.341.

 

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

 

SCHOOL VENTILATION QUALITY

 

      332.352 Definitions for ORS 332.352 to 332.365. As used in ORS 332.352 to 332.365:

      (1) “ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

      (2) “Certified TAB technician” means an individual certified by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau to test, adjust and balance an HVAC system.

      (3) “HVAC” means heating, ventilation and air conditioning.

      (4)(a) “Mechanical engineer” means an independent, registered professional engineer, as defined in ORS 672.002, with professional experience with HVAC systems.

      (b) “Mechanical engineer” does not mean a mechanical engineer who is employed by a school district or who is affiliated with a contractor hired by a school district to carry out the work required under ORS 332.352 to 332.365.

      (5)(a) “Mechanical ventilation system” means a building ventilation system consisting of permanent, mechanically powered equipment, such as motor-driven fans and blowers.

      (b) “Mechanical ventilation system” does not include devices such as wind-driven turbine ventilators, portable air cleaning and filtration devices and mechanically operated windows.

      (6) “Ppm” means parts per million.

      (7) “Qualified adjusting personnel” means:

      (a) A certified TAB technician; or

      (b) An individual working under the on-site supervision of a certified TAB technician.

      (8) “Qualified testing personnel” means:

      (a) A certified TAB technician; or

      (b) A person certified to perform ventilation verification assessments of HVAC systems through a certification body accredited by the American National Standards Institute National Accreditation Board.

      (9) “School district” has the meaning given that term in ORS 332.002.

      (10) “Specialty code” has the meaning given that term in ORS 455.010.

      (11) “Training agent” has the meaning given that term in ORS 660.010. [2023 c.525 §1]

 

      Note: 332.352 to 332.365 were enacted into law by the Legislative Assembly but were 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.

 

      332.354 Ventilation verification assessment. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

      (2) A school district shall have a ventilation verification assessment performed by qualified testing personnel at each school facility. The assessment shall be performed at least once every five years. The assessment shall include the following:

      (a) A description of HVAC equipment model numbers or serial numbers and a general description of HVAC equipment.

      (b) Testing to determine maximum filter efficiency.

      (c) A calculation of the minimum outside air ventilation rates for each occupied area based on anticipated occupancy and the minimum required ventilation rate per occupant, as described in the minimum ventilation rate requirements set forth in the applicable specialty code.

      (d) Physical measurements of outside air rates.

      (e) Verification of the proper operation of ventilation components in accordance with applicable standards set forth in the specialty code.

      (f) Measurement of all air distribution inlets and outlets.

      (g) Verification of the proper operation of the HVAC system and that required maintenance has been performed in accordance with ASHRAE Standard 62.1-2022, Section 8 and Table 8-1 and any applicable specialty code.

      (h) Verification of control sequences in accordance with the applicable standards set forth in the specialty code.

      (i) The collection of field data for the installation of a mechanical ventilation system, if no mechanical ventilation system exists at the school facility.

      (3) Qualified testing personnel shall record the results of the assessment in a report and submit the report for review by a mechanical engineer as described in ORS 332.358. [2023 c.525 §2]

 

      Note: See note under 332.352.

 

      332.356 Carbon dioxide monitors and alarms; rules. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

      (2) A school district shall ensure that each classroom is equipped with a carbon dioxide monitor that meets applicable standards required for carbon dioxide monitors under the specialty code and that each monitor:

      (a) Is mounted to a wall between three and six feet above the floor and at least five feet away from doors and operable windows.

      (b) Displays, at a minimum, carbon dioxide level readings that are readily visible to an individual who is inside the classroom.

      (c) Provides notification by a visual indicator on the monitor that is made readily visible to an individual who is inside the classroom when carbon dioxide levels in the classroom exceed 1,100 ppm.

      (d) Maintains a record of previous data, which includes at least the maximum carbon dioxide concentrations measured.

      (e) Has a range of at least 400 to 5,000 ppm.

      (f) Is certified by the manufacturer to be accurate within 75 ppm at 1,000 ppm carbon dioxide concentration and is certified by the manufacturer to require calibration no more frequently than once every five years.

      (3) Qualified testing personnel shall assess whether carbon dioxide monitors meet the requirements of this section and include the assessment in the report submitted to a mechanical engineer under ORS 332.358.

      (4)(a) If a classroom carbon dioxide concentration alarm setpoint is exceeded for more than 15 minutes more than four times during a month, classroom ventilation rates shall be adjusted or a direct outside airflow intake flow measurement device installed, and its accuracy verified, to ensure that peak carbon dioxide concentrations in the classroom remain below the setpoint.

      (b) Adjustments shall be performed by qualified adjusting personnel.

      (c) Each school shall:

      (A) Record all incidents where the setpoint is breached in a classroom and maintain these records for at least five years.

      (B) Upon request by a member of the public and free of charge, provide reasonable access to review the records described in subparagraph (A) of this paragraph in the central office of each school facility and in the central administrative office for each school district.

      (d) Nothing in paragraph (c) of this subsection requires the Department of Education to verify the contents of the records described in paragraph (c) of this subsection.

      (5) The Department of Education may, by rules adopted under ORS 332.365, adjust the technical requirements for carbon dioxide monitors described in this section based on technological developments and as is consistent with maintaining proper ventilation in classrooms in accordance with any applicable standards set forth by the specialty code. [2023 c.525 §3]

 

      Note: See note under 332.352.

 

      332.358 HVAC assessment report; review by mechanical engineer. (1) Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until funds are so expended.

      (2) A school district shall obtain an HVAC assessment report prepared by qualified testing personnel. The report shall include the results of the ventilation verification assessment carried out under ORS 332.354 and a description of whether carbon dioxide monitors meet the requirements of ORS 332.356.

      (3) A school district shall ensure that a mechanical engineer reviews the report prepared under subsection (2) of this section. The mechanical engineer shall confirm or adjust the estimated minimum outside air ventilation rates and determine what, if any, additional adjustments, repairs, upgrades or replacements would be necessary to meet the minimum ventilation and filtration requirements of the specialty code, and provide a cost estimate for all recommended work.

      (4) A school district shall perform the necessary adjustments, repairs, upgrades or replacements recommended by the mechanical engineer under subsection (3) of this section. [2023 c.525 §4]

 

      Note: See note under 332.352.

 

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

 

      332.361 Contractor requirements for indoor HVAC infrastructure improvements. (1) A school district shall require a contractor carrying out work on projects for indoor HVAC infrastructure improvements under ORS 332.352 to 332.365 to:

      (a) Participate as a training agent in an apprenticeship program registered with the State Apprenticeship and Training Council to provide on-the-job training opportunities for apprentices in apprenticeable occupations to perform work on the project;

      (b) Establish and implement a plan for outreach, recruitment and retention of women, minority individuals and veterans to perform work on the project with the aspirational target of having at least 15 percent of total work hours performed by individuals in one or more of those groups;

      (c) Pay wages to workers who perform work on the project at a rate that is no less than the prevailing wage rate;

      (d) Offer employer-paid family health insurance and retirement benefits to workers who perform work on the project;

      (e) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with federal and state wage and hour laws and applicable prevailing wage rate laws;

      (f) Demonstrate a history of material compliance in the previous three years, or provide available history for a new business, with the rules and other requirements of state agencies with oversight regarding occupational safety and health; and

      (g) Ensure at all times during the duration of the project that work is performed by qualified testing personnel or qualified adjusting personnel as required by ORS 332.352 to 332.365.

      (2)(a) In lieu of complying with the requirements described under subsection (1) of this section, a contractor may provide the school district with a copy of a project labor agreement and shall be exempted from the requirements described in subsection (1) of this section.

      (b) As used in this subsection, “project labor agreement” means a project labor agreement as defined in 48 C.F.R. 52.222-34, as in effect on January 1, 2024. [2023 c.525 §5]

 

      Note: See note under 332.352.

 

      332.363 HVAC verification report. (1) If a school district completes the work recommended by a mechanical engineer under ORS 332.358, the school district shall, within 30 days of completing the work, submit to the Department of Education an HVAC verification report that includes:

      (a) The name and address of the school facility and the name and address of the person preparing the report.

      (b) A description of assessment, maintenance, adjustment, repair, upgrade and replacement activities performed and outcomes, including:

      (A) The minimum efficiency reporting value of the filtration system.

      (B) Verification that ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses’ offices, restrooms, offices and other occupiable indoor spaces meet the minimum ventilation rate requirements set forth in the specialty code or an explanation of why the current system is unable to meet those requirements.

      (C) Verified exhaust rates for facility classrooms, auditoriums, gymnasiums, nurses’ offices, restrooms, offices and other occupiable indoor spaces and whether those rates meet the requirements of the system design.

      (D) Documentation of initial operating verifications, adjustments and final operating verifications.

      (E) Verification that carbon dioxide monitors have been installed and are operating in compliance with ORS 332.356.

      (F) Verification that work performed satisfies the workforce standards described in ORS 332.361, including providing the names and certification or license numbers of contractors, qualified testing personnel and qualified adjusting personnel.

      (2) The department shall maintain a copy of the report required under this section for at least five years.

      (3) The HVAC verification report described in this section is subject to inspection as a public record under ORS 192.311 to 192.478.

      (4) Nothing in this section requires the department to verify the contents of a HVAC verification report described in this section. [2023 c.525 §6]

 

      Note: See note under 332.352.

 

      332.365 Rules. The Department of Education may adopt rules as necessary to carry out ORS 332.352 to 332.365. [2023 c.525 §7]

 

      Note: See note under 332.352.

 

      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 (6)(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; 2019 c.57 §16]

 

      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. Nothing in this paragraph prevents a district school board from:

      (A) Electing to issue a subsequent contract for an additional three years at any time.

      (B) Including in the contract provisions that provide for the termination of employment of the superintendent prior to the expiration of the contract. If the superintendent and the district school board mutually agree to include a termination-without-cause provision in the contract, the district school board may terminate the superintendent’s employment, without cause, at any time during the contract period only if the district school board provides the superintendent with at least 12 months’ notice of the termination. Nothing in this subparagraph authorizes the district school board to make a wrongful termination or a termination for any reason described in subsection (3)(a) of this section.

      (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 instructional assistants and intern teachers subject to the rules of the State Board of Education. As used in this paragraph:

      (A) “Instructional assistant” has the meaning given that term in ORS 342.120.

      (B) “Intern teacher” means a regularly enrolled candidate of an approved educator preparation provider, as defined in ORS 342.120, who teaches under the supervision of the staff of the provider and of the employing district in order to acquire practical experience in teaching and for which the candidate receives both academic credit from the provider and financial compensation from the school district or education service district.

      (2)(a) A district school board shall designate one or more civil rights coordinators for the school district. A civil rights coordinator may be an employee of the school district or the school district may enter into a contract with an education service district for the services of a civil rights coordinator. A civil rights coordinator, at a minimum, shall:

      (A) Monitor, coordinate and oversee school district compliance with state and federal laws prohibiting discrimination in public education;

      (B) Oversee investigations of complaints alleging discrimination in public education and ensure that the investigations are resolved;

      (C) Provide guidance to school and school district personnel on civil rights issues in the school district, respond to questions and concerns about civil rights in the school district and coordinate efforts to prevent civil rights violations from occurring in the school district;

      (D) Satisfy any training requirements prescribed by the State Board of Education by rule; and

      (E) Comply with any rules adopted by the State Board of Education for the purpose of implementing this paragraph.

      (b) As used in this subsection, “discrimination” has the meaning given that term in ORS 659.850 when used in relation to state law.

      (c) For the purpose of this subsection, the Department of Education shall annually make available training for civil rights coordinators and the State Board of Education may adopt any necessary rules.

      (3)(a) A district school board may not:

      (A) Direct a superintendent to take any action that conflicts with a local, state or federal law that applies to school districts;

      (B) Take an adverse employment action against a superintendent for complying with a local, state or federal law that applies to school districts; or

      (C) Employ a superintendent pursuant to a contract that purports to waive, or conflicts with, any provision or requirement of subparagraph (A) or (B) of this paragraph.

      (b) As used in this subsection:

      (A) “Local, state or federal law” means a local, state or federal directive having the force of law, including an ordinance, a city or county resolution, a statute, a court decision, an administrative rule or regulation, an order issued in compliance with ORS chapter 183, an executive order or any other directive, declaration or statement that is issued in compliance with the law as having the force of law and that is issued by a local government as defined in ORS 174.116, the state government as defined in ORS 174.111 or the federal government.

      (B) “Superintendent” includes an interim superintendent.

      (4) 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.

      (5) 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; 2015 c.245 §43; 2022 c.36 §1; 2023 c.243 §1, 2023 c.592 §35]

 

      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, naturopathic 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; 2017 c.356 §28]

 

      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 ensure 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 the law enforcement agency;

      (b) Withdraw or withhold from any person employed as a member of the 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 the law enforcement agency and assign additional duties to those persons as the district school board 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 the law enforcement agency pending review of the action as soon as practicable by the district school board. [1975 c.666 §2; 1989 c.606 §2; 1993 c.45 §57; 2021 c.97 §28]

 

      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 Employment of classified school employees. (1) As used in this section, “classified school employee” includes all employees of a school district except those for whom a teaching or administrative license is required as a basis for employment in a school district.

      (2) A classified school employee shall have the right to be dismissed, demoted or disciplined only for just cause.

      (3) School district employees subject to the civil service provisions of ORS 242.310 to 242.640 are exempt from the provisions of this section. [Formerly 342.663; 2023 c.592 §18]

 

      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]

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