US Laws, Codes, Statutes & Cases

Chapter 332 — Local Administration of Education

 

2007 EDITION

 

LOCAL ADMINISTRATION

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

332.002     Definitions

 

BOARD OF DIRECTORS

 

332.005     Directors as district school board; oath

 

332.011     Number of directors of districts under 300,000

 

332.012     Method for increasing number of board members

 

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

 

332.016     Employees ineligible to serve as directors; exception

 

332.018     Term of office; qualifications; expenses

 

332.030     Vacancy in office of director

 

BOARD ORGANIZATION AND MEETINGS

 

332.040     Officers; term

 

332.045     Board meetings

 

332.055     Quorum; transaction of business

 

332.057     Duties to be performed at meetings on record

 

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

 

STATUS, GENERAL POWERS AND DUTIES

 

332.072     Legal status of school districts

 

332.075     Powers of board

 

332.105     General duties of board

 

332.107     Rules for school government

 

332.111     Auxiliary services

 

332.114     Issuance of diplomas to veterans

 

ELECTIONS

 

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

 

332.122     Nomination of directors; qualifications

 

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

 

332.126     Election from zones

 

332.128     Establishing zones for purpose of nominating directors

 

332.132     Zoning process

 

332.134     Reelection after zoning

 

332.136     Election of directors by position numbers

 

332.138     Election of directors; term

 

DISTRICT PROPERTY

 

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

 

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

 

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

 

332.176     Large construction projects; safety improvements

 

332.182     Condemnation of realty for school purposes

 

332.207     Light fixtures

 

332.210     Districts controlling cemeteries

 

GIFTS

 

332.385     Gifts for scholarships and loans

 

TRANSPORTATION

 

332.405     Transportation; board and room; pedestrian facilities

 

332.415     Transportation of students attending private or parochial schools

 

332.427     Availability of district vehicles for public transportation purposes

 

INSURANCE

 

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

 

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

 

332.437     Insurance reserve fund

 

TRAFFIC REGULATION

 

332.445     Regulation of vehicles on school property; rules

 

PERSONNEL

 

332.505     Employment and compensation of personnel; written personnel policies

 

332.507     Sick leave for school employees; other leave

 

332.515     Chief administrative officer as district school clerk; deputies

 

332.525     Bonds for personnel

 

332.531     Law enforcement agency; personnel as peace officers

 

332.534     Standard form for reporting salaries and other benefits

 

332.544     Procedure for demoting or dismissing classified school employees

 

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

 

STUDENT CENSUS

 

332.585     Determination of student census by school districts

 

STUDENT TRAVEL SERVICES

 

332.593     District school board policies governing student travel services

 

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. As used in this chapter, unless the context requires otherwise:

      (1) “District school board” means the board of directors of a common school district or a union high school district.

      (2) “School district” means a common or union high school district. [1965 c.100 §126; 1983 c.350 §167]

 

BOARD OF DIRECTORS

 

      332.005 Directors as district school board; oath. (1) The directors of a school district in their official capacity shall be known as the district school board.

      (2) Directors must qualify by taking an oath of office before assuming the duties of office. [1965 c.100 §127; 1983 c.350 §168; 1983 c.379 §5]

 

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

 

      332.011 Number of directors of districts under 300,000. Except as otherwise provided for former administrative school districts or under ORS 335.490 or when specified by school district merger proceedings, the board of directors of a school district with a population of less than 300,000, according to the latest federal census, shall consist of five or seven members. [1965 c.100 §129 (enacted in lieu of 332.010); 1965 c.243 §1; 1967 c.605 §14; 1971 c.47 §1; 1975 c.770 §13a; 1991 c.167 §20; 1993 c.45 §36; 1993 c.329 §4; 1997 c.521 §16]

 

      332.012 Method for increasing number of board members. (1) A district school board may increase the number of board members from five members to seven members on its own motion, or the district school board:

      (a) May submit the question to the electors of the school district; or

      (b) Shall submit the question to the electors of the school district when a petition is filed as provided in this section.

      (2) Subject to ORS 332.118, a petition filed under this section shall be prepared, circulated and filed as provided for an initiative petition in ORS 255.135 to 255.205. [1997 c.521 §18]

 

      332.015 Number of directors of districts of 300,000 or more. The board of directors of a school district with a population of 300,000 or more, according to the latest federal census, shall consist of seven members. [1965 c.100 §131 (enacted in lieu of 332.077); 1967 c.605 §15; 1973 c.796 §41; 1975 c.770 §16]

 

      332.016 Employees ineligible to serve as directors; exception. (1) A person who is an employee of a school district may not serve as a member of the district school board for the district by which the employee is employed.

      (2) A person who is an employee of a public charter school may not serve as a member of the district school board of the district in which the public charter school that employs the person is located.

      (3) Notwithstanding subsection (1) or (2) of this section, a person who is an employee of a school district or a public charter school may serve as a member of the district school board for the district by which the employee is employed or the district in which the public charter school that employs the person is located if:

      (a) The person is employed by the district or public charter school as a substitute school bus driver; and

      (b) The district has an average daily membership (ADM), as defined in ORS 327.006, of 50 or less.

      (4) A district school board member who was eligible to serve on a district school board under subsection (3) of this section at the beginning of the member’s term of office may continue to serve on the board for the remainder of the member’s term of office regardless of any change to the ADM of the district. [Formerly 331.085; 2001 c.810 §1; 2005 c.93 §1]

 

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

 

      332.018 Term of office; qualifications; expenses. (1) The term of office of director is four years.

      (2) No person shall be eligible to serve as director unless the person is an elector of the district and has resided therein for the period of one year immediately preceding the election or appointment.

      (3) No director shall receive any compensation for services as director other than reimbursement for reasonable and necessary expenses actually incurred on school business. [1975 c.770 §13; 1983 c.350 §168a; 1983 c.379 §6]

 

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

 

      332.020 [Repealed by 1993 c.45 §37]

 

      332.030 Vacancy in office of director. (1) The district school board shall declare the office of a director vacant upon the happening of any of the following:

      (a) The death or resignation of the incumbent.

      (b) When an incumbent is removed from office or the election of the incumbent thereto has been declared void by the judgment of any court.

      (c) Subject to the provisions of subsections (2) and (3) of this section, when an incumbent ceases to be a resident of the district or zone from which nominated.

      (d) When an incumbent ceases to discharge the duties of office for two consecutive months unless prevented therefrom by sickness or other unavoidable cause.

      (e) When an incumbent ceases to discharge the duties of office for four consecutive months for any reason.

      (f) When an incumbent is recalled.

      (2) A director of a union high school board who changes the director’s permanent residence from one component common school district to another component common school district in which another director resides shall continue to serve as director to June 30 next following the next regular district election. At that election, a successor shall be elected to serve the remainder, if any, of the unexpired term to which the director was elected. If the term to which the director was elected expires June 30 next following the election of the successor, the successor shall be elected to a full term. In either case, the successor shall take office July 1 next following the election.

      (3) A director of a common school district nominated from a zone who changes the director’s permanent residence from one zone to another zone in which another director resides shall continue to serve as director to June 30 next following the next regular district election. At that election, a successor shall be elected to serve the remainder, if any, of the unexpired term to which the director was elected. If the term to which the director was elected expires June 30 next following the election of the successor, the successor shall be elected to a full term. In either case, the successor shall take office July 1 next following the election.

      (4) When a vacancy is declared under subsection (1)(a), (b) or (d) to (f) of this section, the remaining member or members of the board shall meet and appoint a person to fill the vacancy. The person must satisfy the eligibility requirements under ORS 332.018 and, if the district is zoned, reside in the zone in which the vacancy occurs. A director appointed under this subsection shall serve to June 30 next following the next regular district election. At that election, a successor shall be elected to serve the remainder, if any, of the unexpired term to which the director was appointed. If the term to which the director was appointed expires June 30 next following the election of the successor, the successor shall be elected to a full term. In any case, the successor shall take office July 1 next following the election.

      (5) If the offices of a majority of the directors of any district are vacant at the same time, the education service district board, or if there is none, the governing body of the county shall appoint persons to fill the vacancies. The persons must satisfy the eligibility requirements under ORS 332.018 and, if the district is zoned, reside in the zones in which the vacancies occur. If the vacancies occur in a joint district that is not included in an education service district, the governing body of the county containing the greater portion of the pupils in average daily membership shall appoint the directors. Each director appointed under this subsection shall serve to June 30 next following the next regular district election. At that election, a successor shall be elected to serve the remainder, if any, of the unexpired term to which the director was appointed. If the term to which the director was appointed expires June 30 next following the election of the successor, the successor shall be elected to a full term. In any case, the successor shall take office July 1 next following the election. [Amended by 1955 c.234 §4; 1961 c.281 §2; 1965 c.100 §133; 1967 c.605 §16; 1969 c.202 §5; 1973 c.796 §42; 1975 c.770 §18; 1981 c.173 §50; 1983 c.350 §169a; 1983 c.379 §7; 1985 c.808 §79; 1999 c.215 §1; 2003 c.576 §434; 2005 c.209 §19]

 

BOARD ORGANIZATION AND MEETINGS

 

      332.040 Officers; term. No later than at the next regular meeting following July 1, the district school board shall meet and organize by electing a chairperson and a vice chairperson from its members. No member shall serve as chairperson for more than four years in succession. [Amended by 1957 c.634 §2; 1961 c.281 §3; 1965 c.100 §134; 1993 c.45 §38; 2001 c.226 §1]

 

      332.045 Board meetings. The district school board must provide for the time and place of its regular meetings, at any of which it may adjourn to the next succeeding regular meeting or to some specified time prior thereto. Regular and special meetings may be convened upon notice in the manner required by ORS 192.640 by order of the chairperson, upon the request of three members of the board at least 24 hours before such meeting is to be held or by common consent of the board members. [Formerly 332.410; 1965 c.100 §135; 1975 c.770 §19]

 

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

 

      332.055 Quorum; transaction of business. A majority of the members of the district school board shall constitute a quorum. A less number may meet and adjourn from time to time and compel the presence of absent members. The affirmative vote of the majority of members of the board is required to transact any business. [Formerly 332.420; 1965 c.100 §136; 1973 c.725 §1; 1975 c.770 §20]

 

      332.057 Duties to be performed at meetings on record. Any duty imposed upon the district school board as a body must be performed at a regular or special meeting and must be made a matter of record. [Formerly 332.060 and then 332.108; 1993 c.45 §39]

 

      332.060 [Renumbered 332.108 and then 332.057]

 

      332.061 Hearing to expel minor students or to examine confidential medical records; exceptions to public meetings law. Notwithstanding ORS 192.610 to 192.690 governing public meetings:

      (1) Any hearing held by a district school board or its hearings officer on any of the following matters shall be conducted in executive session of the board or privately by the hearings officer unless the student or the student’s parent or guardian requests a public hearing:

      (a) Expulsion of a minor student from a public elementary or secondary school.

      (b) Matters pertaining to or examination of the confidential medical records of a student, including that student’s educational program.

      (2) If an executive session is held by a district school board or a private hearing is held by its hearings officer under this section, the following shall not be made public:

      (a) The name of the minor student.

      (b) The issue, including a student’s confidential medical records and that student’s educational program.

      (c) The discussion.

      (d) The school board member’s vote on the issue.

      (3) The school board members may vote in an executive session conducted pursuant to this section. [1975 c.276 §1; 1987 c.841 §1]

 

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

 

      332.070 [Renumbered 332.255]

 

STATUS, GENERAL POWERS AND DUTIES

 

      332.072 Legal status of school districts. All school districts are bodies corporate, and the district school board is authorized to transact all business coming within the jurisdiction of the district and to sue and be sued. Pursuant to law, district school boards have control of the district schools and are responsible for educating children residing in the district. [1965 c.100 §139]

 

      332.075 Powers of board. (1) Any district school board may:

      (a) Fix the days of the year and the hours of the day when schools shall be in session.

      (b) Adopt textbooks and other instructional materials as provided in ORS 337.120 and 337.141 and courses of study for the use of such schools as provided in ORS 336.035.

      (c) Authorize the use of the schools for purposes of training students of an approved teacher education institution, as defined in ORS 342.120, and for such purposes may enter into contracts with the approved teacher education institutions on such terms as may be agreed upon. Such contracts as they relate to student teachers shall have the same effect and be subject to the same regulations as a contract between a licensed teacher and a district school board.

      (d) Develop and operate with other school districts or community college districts secondary professional technical education programs for pupils of more than one district and fix by agreement the duration of the district’s obligation to continue such activity, subject to the availability of funds therefor.

      (e) Authorize the school district to be a member of and pay fees, if any, to any voluntary organization, approved under ORS 339.430, that administers interscholastic activities or that facilitates the scheduling and programming of interscholastic activities.

      (f) Accept money or property donated for the use or benefit of the school district and, consistent with the laws of this state, use such money or property for the purpose for which it was donated.

      (2) All contracts of the school district must be approved by the district school board before an order can be drawn for payment. If a contract is made without the authority of the district school board, the individual making such contract shall be personally liable.

      (3) Notwithstanding subsection (2) of this section, a district school board may, by resolution or policy, authorize its superintendent or the superintendent’s designee to enter into and approve payment on contracts for products, materials, supplies, capital outlay, equipment and services that are within appropriations made by the district school board pursuant to ORS 294.435. A district school board may not authorize its superintendent or the superintendent’s designee under this subsection to enter into and approve payment on contracts that are collective bargaining agreements or service contracts that include the provision of labor performed by employees of the school district. [Formerly 332.440; 1965 c.100 §140; 1967 c.67 §25; 1967 c.200 §5; 1969 c.311 §1; 1973 c.270 §1; 1975 c.459 §2; 1975 c.770 §21; 1977 c.783 §1; 1987 c.404 §3; 1993 c.45 §41; 1999 c.215 §2; 2001 c.461 §7]

 

      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 Department of Human Services and the State Fire Marshal. [1967 c.200 §2; 1969 c.218 §1; 1993 c.45 §43]

 

      332.114 Issuance of diplomas to veterans. (1) A person who meets the requirements under subsection (3) of this section may request a school district to issue the person a high school diploma if the person resides within the boundaries of the school district or is a resident of this state and attended a high school of the school district.

      (2) A representative of a deceased person who meets the requirements under subsection (3) of this section may request a school district to issue a high school diploma on behalf of the deceased person if the deceased person resided within the boundaries of the school district at the time of death or was a resident of this state at the time of death and attended a high school of the school district.

      (3) Notwithstanding the requirements for a high school diploma established under ORS 329.451 and by the State Board of Education and school districts, a school district that receives a request under subsection (1) or (2) of this section shall issue a high school diploma to a person if the person:

      (a) Attended a high school before serving in the Armed Forces of the United States;

      (b) Did not graduate from a high school because the person was serving in the Armed Forces of the United States;

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

      (d) Served in the Armed Forces of the United States as described in subsection (4) of this section; and

      (e)(A) Has received a General Educational Development (GED) certificate;

      (B) Has received a post-secondary degree from a community college, state institution of higher education or other generally accredited institution of higher education; or

      (C) Has received a minimum score on the Armed Services Vocational Aptitude Battery (ASVAB), as established by the Oregon Military Department.

      (4) The provisions of subsection (3) of this section apply to a person who:

      (a) Served in the Armed Forces of the United States at any time during:

      (A) World War I;

      (B) World War II;

      (C) The Korean Conflict; or

      (D) The Vietnam War;

      (b) Served in the Armed Forces of the United States and was physically present in:

      (A) Operation Urgent Fury (Grenada);

      (B) Operation Just Cause (Panama);

      (C) Operation Desert Shield/Desert Storm (the Persian Gulf War);

      (D) Operation Restore Hope (Somalia);

      (E) Operation Enduring Freedom (Afghanistan); or

      (F) Operation Iraqi Freedom (Iraq); or

      (c) Served in the Armed Forces of the United States in an area designated as a combat zone by the President of the United States. [2003 c.182 §1; 2005 c.515 §1; 2005 c.827 §2; 2007 c.858 §32]

 

      Note: The amendments to 332.114 by section 32, chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year is set forth for the user’s convenience.

      332.114. (1) A person who meets the requirements under subsection (3) of this section may request a school district to issue the person a high school diploma if the person resides within the boundaries of the school district or is a resident of this state and attended a high school of the school district.

      (2) A representative of a deceased person who meets the requirements under subsection (3) of this section may request a school district to issue a high school diploma on behalf of the deceased person if the deceased person resided within the boundaries of the school district at the time of death or was a resident of this state at the time of death and attended a high school of the school district.

      (3) Notwithstanding the requirements for a high school diploma established under ORS 329.451 and by the State Board of Education and school districts under ORS 329.447, a school district that receives a request under subsection (1) or (2) of this section shall issue a high school diploma to a person if the person:

      (a) Attended a high school before serving in the Armed Forces of the United States;

      (b) Did not graduate from a high school because the person was serving in the Armed Forces of the United States;

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

      (d) Served in the Armed Forces of the United States as described in subsection (4) of this section; and

      (e)(A) Has received a General Educational Development (GED) certificate;

      (B) Has received a post-secondary degree from a community college, state institution of higher education or other generally accredited institution of higher education; or

      (C) Has received a minimum score on the Armed Services Vocational Aptitude Battery (ASVAB), as established by the Oregon Military Department.

      (4) The provisions of subsection (3) of this section apply to a person who:

      (a) Served in the Armed Forces of the United States at any time during:

      (A) World War I;

      (B) World War II;

      (C) The Korean Conflict; or

      (D) The Vietnam War;

      (b) Served in the Armed Forces of the United States and was physically present in:

      (A) Operation Urgent Fury (Grenada);

      (B) Operation Just Cause (Panama);

      (C) Operation Desert Shield/Desert Storm (the Persian Gulf War);

      (D) Operation Restore Hope (Somalia);

      (E) Operation Enduring Freedom (Afghanistan); or

      (F) Operation Iraqi Freedom (Iraq); or

      (c) Served in the Armed Forces of the United States in an area designated as a combat zone by the President of the United States.

 

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

 

      332.115 [Repealed by 1957 c.634 §13]

 

ELECTIONS

 

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

      (a) The nomination and election of school directors and local school committee members.

      (b) The conduct of all school district elections.

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

      (3) The Secretary of State has supervising authority over all elections conducted by school districts and over elections conducted by education service districts when an education service district board is serving as a district boundary board.

      (4) A petition for a proposed change or merger under ORS 330.095, a remonstrance petition under ORS 330.101, a petition for zoning under ORS 332.128 or a petition to lengthen the course of study under ORS 335.495 shall not be circulated for signatures until the prospective petition has been filed with the county clerk. The prospective petition shall designate the names and residence addresses of not more than three persons as chief petitioner. The authority of the Secretary of State and the application of the election laws commence when the prospective petition is filed with the county clerk. The filing of the prospective petition is to be treated like a prospective petition for an initiative, referendum or recall. Except as otherwise provided in ORS 330.080 to 330.113, ORS chapter 255 applies to the procedures applicable to petitions described in this subsection and the elections held on the petitions. [Formerly 331.002; 1993 c.136 §1]

 

      332.120 [Renumbered 332.165]

 

      332.122 Nomination of directors; qualifications. (1) In common school districts and union high school districts the directors may be nominated in one of the following methods or a combination thereof:

      (a) At large by position number by the electors of the district.

      (b) By zone by electors of zones, if zoning is approved by the electors under ORS 332.128.

      (2) A person shall be nominated as a candidate for director by filing a petition for nomination or a declaration of candidacy under ORS 255.235.

      (3) If a candidate is nominated by petition, the petition:

      (a) If the candidate is nominated from a zone, must be signed by the electors of the zone.

      (b) If the candidate is nominated at large, must be signed by the electors of the district.

      (4) A candidate for school director must be an elector registered in the district. If the district is zoned and the candidate seeks nomination from a zone, the candidate also must be a resident of that zone. [1983 c.284 §1; 1983 c.350 §161c; 1987 c.7 §3]

 

      332.124 Election at large unless zoned; plurality in zones; reelection from zones; procedure when no nominee to fill zone vacancy; duration of appointments. (1) All candidates shall be elected at large in the district unless the district school board provides for election from zones under ORS 332.126.

      (2) In a district in which directors are elected from zones:

      (a) The candidate for the office of director in each zone who receives the plurality of the votes shall be elected.

      (b) At the expiration of each director’s term of office, a successor shall be elected from the same zone.

      (3) In the event that no person from the same zone is nominated under ORS 332.122 as a candidate for the vacant office of director by the school district election filing deadline or is elected as a write-in candidate at the subsequent school district election, or in the event that an office of director becomes vacant at midterm, the district school board shall fill the vacancy as follows:

      (a) The board shall advertise the vacancy for a 20-day period in an attempt to find an eligible resident from the same zone to fill the vacancy. If one or more eligible residents declare interest in the vacant office, the school district board shall appoint one of the eligible residents to fill the vacant office until June 30 following the next regular school district election.

      (b) If, after 20 days of advertising the vacancy, no eligible resident from the same zone declares interest in the vacant office, the school district board shall appoint one of the eligible residents from the district at large to fill the vacant office until June 30 following the next regular school district election.

      (c) Offices filled in the manner described in paragraphs (a) and (b) of this subsection shall become vacant on June 30 following the next regular school district election. Nomination of candidates for vacant offices shall occur as provided under ORS 332.122. [Formerly 331.090; 1993 c.150 §1]

 

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

 

      332.126 Election from zones. (1) If a majority of the district school board of a zoned common school district or a zoned union high school district so decides, the board may provide that directors of the district school board who are nominated from zones also shall be elected from the zones from which they are nominated.

      (2) At any time after a district school board decides that directors shall be elected by zone:

      (a) The district school board may rescind the decision and provide that the directors who are nominated by zone shall be elected at large.

      (b) Zones may be abolished pursuant to ORS 332.128. [1983 c.284 §3a; 1993 c.45 §44]

 

      332.128 Establishing zones for purpose of nominating directors. (1) In common school districts and union high school districts, directors may be nominated from zones by resolution of the district school board or if the question of zoning is approved by the electors of the district at the regular district election as provided in this section.

      (2) The district school board:

      (a) May submit the question on its own resolution; or

      (b) Shall submit the question when a petition is filed as provided in this section.

      (3) The requirements for preparing, circulating and filing a petition under this section are subject to ORS 332.118 and shall be as provided for an initiative petition in ORS 255.135 to 255.205.

      (4) If the proposal to create zones in a district includes a combination of nomination of candidates from and by zones and of nomination of candidates at large, the number of candidates to be nominated in each manner shall be specified in the petition or the order of the board.

      (5) A district that has been zoned under this section may abolish zones in the same manner as they were established. [Formerly 331.095; 1993 c.45 §45; 1993 c.136 §4; 1997 c.521 §15]

 

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

 

      332.132 Zoning process. If a common school district or union high school district is zoned, the school board of the district shall divide the district into the necessary number of zones as nearly equal in population, as shown by the latest federal census, as practicable, taking into account attendance areas where possible. The board shall readjust zone boundaries if necessary to comply with this section, upon any change in the boundaries of the district. [Formerly 331.097]

 

      332.134 Reelection after zoning. (1) A school board director shall be eligible for reelection in an election subsequent to zoning under ORS 332.128 only if the director resides in a zone which is not otherwise represented on the board.

      (2) Any vacancy occurring on a school board before all zones are represented thereon shall be filled from among residents in an unrepresented zone, the zone to be determined by the board by lot. [Formerly 331.102]

 

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