2007 Oregon Code - Chapter 332 :: Chapter 332 - Local Administration of Education
Chapter 332 —
Local Administration of Education
2007 EDITION
LOCAL ADMINISTRATION
EDUCATION AND CULTURE
GENERAL PROVISIONS
332.002Â Â Â Â Definitions
BOARD OF DIRECTORS
332.005Â Â Â Â Directors
as district school board; oath
332.011Â Â Â Â Number
of directors of districts under 300,000
332.012Â Â Â Â Method
for increasing number of board members
332.015Â Â Â Â Number
of directors of districts of 300,000 or more
332.016Â Â Â Â Employees
ineligible to serve as directors; exception
332.018Â Â Â Â Term
of office; qualifications; expenses
332.030Â Â Â Â Vacancy
in office of director
BOARD ORGANIZATION AND MEETINGS
332.040Â Â Â Â Officers;
term
332.045Â Â Â Â Board
meetings
332.055Â Â Â Â Quorum;
transaction of business
332.057Â Â Â Â Duties
to be performed at meetings on record
332.061Â Â Â Â Hearing
to expel minor students or to examine confidential medical records; exceptions
to public meetings law
STATUS, GENERAL POWERS AND DUTIES
332.072Â Â Â Â Legal
status of school districts
332.075Â Â Â Â Powers
of board
332.105Â Â Â Â General
duties of board
332.107Â Â Â Â Rules
for school government
332.111Â Â Â Â Auxiliary
services
332.114Â Â Â Â Issuance
of diplomas to veterans
ELECTIONS
332.118Â Â Â Â Election
laws applicable; duties of Secretary of State; requirements for petitioners
332.122Â Â Â Â Nomination
of directors; qualifications
332.124Â Â Â Â Election
at large unless zoned; plurality in zones; reelection from zones; procedure
when no nominee to fill zone vacancy; duration of appointments
332.126Â Â Â Â Election
from zones
332.128Â Â Â Â Establishing
zones for purpose of nominating directors
332.132Â Â Â Â Zoning
process
332.134Â Â Â Â Reelection
after zoning
332.136Â Â Â Â Election
of directors by position numbers
332.138Â Â Â Â Election
of directors; term
DISTRICT PROPERTY
332.155Â Â Â Â Land;
buildings; lease-purchase agreements; equipment and services
332.158Â Â Â Â Creation
of school in another school district by district school board; written
permission
332.172Â Â Â Â Use
of school buildings and grounds for civic and recreational purposes; fee; rules
332.176Â Â Â Â Large
construction projects; safety improvements
332.182Â Â Â Â Condemnation
of realty for school purposes
332.207Â Â Â Â Light
fixtures
332.210Â Â Â Â Districts
controlling cemeteries
GIFTS
332.385Â Â Â Â Gifts
for scholarships and loans
TRANSPORTATION
332.405Â Â Â Â Transportation;
board and room; pedestrian facilities
332.415Â Â Â Â Transportation
of students attending private or parochial schools
332.427Â Â Â Â Availability
of district vehicles for public transportation purposes
INSURANCE
332.432Â Â Â Â Insurance,
medical and hospital service contracts covering school employees;
self-insurance
332.435Â Â Â Â Liability
insurance; self-insurance program for liability; medical and hospital benefits
for students
332.437Â Â Â Â Insurance
reserve fund
TRAFFIC REGULATION
332.445Â Â Â Â Regulation
of vehicles on school property; rules
PERSONNEL
332.505Â Â Â Â Employment
and compensation of personnel; written personnel policies
332.507Â Â Â Â Sick
leave for school employees; other leave
332.515Â Â Â Â Chief
administrative officer as district school clerk; deputies
332.525Â Â Â Â Bonds
for personnel
332.531Â Â Â Â Law
enforcement agency; personnel as peace officers
332.534Â Â Â Â Standard
form for reporting salaries and other benefits
332.544Â Â Â Â Procedure
for demoting or dismissing classified school employees
332.554Â Â Â Â Notice
of reasonable assurance of continued employment; when sent; effect of failure
to give notice
STUDENT CENSUS
332.585Â Â Â Â Determination
of student census by school districts
STUDENT TRAVEL SERVICES
332.593Â Â Â Â District
school board policies governing student travel services
INTELLECTUAL PROPERTY
332.745Â Â Â Â Acquisition
of interest in intellectual properties
332.750Â Â Â Â 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 memberÂ’s term of office may continue to serve
on the board for the remainder of the memberÂ’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 directorÂ’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 directorÂ’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 studentÂ’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 studentÂ’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 studentÂ’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 districtÂ’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 superintendentÂ’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 superintendentÂ’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
     (b) Did not graduate from a high school
because the person was serving in the Armed Forces of the
     (c) Was discharged or released under
honorable conditions from the Armed Forces of the
     (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
     (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
     (A) Operation Urgent Fury (
     (B) Operation Just Cause (
     (C)
     (D) Operation Restore Hope (
     (E) Operation Enduring Freedom (
     (F) Operation Iraqi Freedom (
     (c) Served in the Armed Forces of the
     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 userÂ’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
     (b) Did not graduate from a high school
because the person was serving in the Armed Forces of the
     (c) Was discharged or released under
honorable conditions from the Armed Forces of the
     (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
     (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
     (A) Operation Urgent Fury (
     (B) Operation Just Cause (
     (C)
     (D) Operation Restore Hope (
     (E) Operation Enduring Freedom (
     (F) Operation Iraqi Freedom (
     (c) Served in the Armed Forces of the
     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]
     332.136
Election of directors by position numbers. (1) Each position of school director shall be designated by number as
Position No. 1, Position No. 2 and so on.
     (2) At the first organizational meeting of
the board following formation of the district, the chairperson of the board
shall assign a position number to each office on the board. The chairperson
shall certify the number assigned to the director holding that position and
shall file one copy of the certification in the records of the district.
     (3) This section applies to the following
districts that are not zoned:
     (a) Common school districts;
     (b) Union high school districts; and
     (c) Education service districts. [Formerly
331.105]
     332.138
Election of directors; term.
At each regular district election described in ORS 255.335, school directors
shall be elected for a term of four years to succeed the directors whose terms
of office expire on June 30 of that year. All such elections of school
directors shall be held as provided by ORS chapter 255. [Formerly 331.120; 1995
c.258 §3]
     332.140 [Amended by 1959 c.526 §1; 1963 c.544 §27;
renumbered 336.085]
     332.142 [Formerly 331.060; renumbered 330.133 in
1993]
     332.145 [Formerly 332.110; repealed by 1965 c.100 §456]
     332.150 [Amended by 1957 c.310 §11; repealed by 1957
c.634 §13]
DISTRICT
PROPERTY
     332.155
Land; buildings; lease-purchase agreements; equipment and services. A district school board:
     (1) May furnish, equip, repair, lease,
purchase and build schoolhouses, including high schools, junior high schools,
professional technical schools, gymnasiums, houses for teachers and other
employees, and like buildings; and locate, buy and lease lands for all school
purposes. Leases authorized by this section include lease-purchase agreements
whereunder the district may acquire ownership of the leased property at a
nominal price. Such leases and lease-purchase agreements may be for a term of
up to 30 years.
     (2) May contract for the removal or
containment of asbestos substances in school buildings and for repairs made
necessary by such removal or containment. Contracts authorized by this section
may be for a term exceeding one year.
     (3) May construct or cooperate in the
construction of schools for training of student teachers on state or district
owned lands, for any state institution of higher education in or contiguous to
the district, and to expend district funds in so doing.
     (4) May acquire personal property by a
lease-purchase agreement or contract of purchase for a term exceeding one year.
A lease-purchase agreement is one in which the rent payable by the district is
expressly agreed to have been established to reflect the savings resulting from
the exemption from taxation, and the district is entitled to ownership of the
property at a nominal or other price which is stated or determinable by the
terms of the agreement and was not intended to reflect the true value of the
property.
     (5) May lease, sell and convey all
property of the district as may not in the judgment of the district school
board be required for school purposes.
     (6) May sell property of the district in
transactions whereby the district has the right to lease, occupy or reacquire
the property following the sale or have facilities constructed thereon or
furnished to the specifications of the district. The construction or furnishing
of such facilities shall be subject to:
     (a) ORS chapter 279A, except ORS 279A.125
and 279A.250 to 279A.290;
     (b) ORS chapter 279B, except ORS 279B.235,
279B.240, 279B.270, 279B.275 and 279B.280; and
     (c) ORS chapter 279C.005, 279C.100 to 279C.125
and 279C.300 to 279C.470.
     (7) Shall furnish the schools with
supplies, equipment, apparatus and services essential to meeting the
requirements of a standard school and may furnish such other supplies,
equipment, apparatus and services as the board considers advisable.
     (8) May construct, purchase or lease in
cooperation with other school districts or community college districts
facilities for secondary professional technical programs for pupils of more
than one district and may furnish or cooperate in furnishing supplies and
equipment for such facilities, to be financed in the same manner as other
school buildings and supplies are financed.
     (9) May purchase real property upon a
contractual basis when the period of time allowed for payment under the contract
does not exceed 30 years.
     (10) May purchase relocatable classrooms
and other relocatable structures in installment transactions in which deferred
installments of the purchase price are payable over not more than 10 years from
the date such property is delivered to the district for occupancy and are
secured by a security interest in such property. Such transactions may take the
form of, but are not limited to, lease-purchase agreements.
     (11) May enter into rental or
lease-purchase agreements covering motor vehicles operated by the district. [Formerly
332.380; 1965 c.100 §143; 1969 c.311 §2; 1969 c.434 §1; 1975 c.358 §1; 1981
c.212 §1; 1983 c.740 §103; 1989 c.138 §2; 1993 c.45 §47; 2003 c.794 §255]
     332.158
Creation of school in another school district by district school board; written
permission. (1) A district
school board may lease, purchase, construct, reconstruct, improve, repair,
equip and furnish a school in another school district and may expend bond
proceeds and other funds available to the board for such purposes if the board
has the written permission of the district school board of the school district
in which the school will be located. The written permission required by this
subsection shall be obtained prior to the first day on which students will
attend classes in the school.
     (2) If a district school board opens a
school in another school district and does not obtain the written permission
required by subsection (1) of this section, the board of the school district in
which the school has been opened may file a complaint with the Superintendent
of Public Instruction. Upon receipt of a complaint, the state superintendent
shall schedule a contested case hearing pursuant to ORS 183.413 to 183.470. If
it is determined that the written permission required by subsection (1) of this
section was not obtained, the state superintendent shall withhold the State
School Fund grant otherwise allocated to the district that opened the school in
another district until the written permission is obtained or until some other
date as determined by the state superintendent. [2001 c.169 §2]
     332.160 [Repealed by 1953 c.56 §2]
     332.162 [1965 c.130 §2; repealed by 1993 c.45 §48]
     332.165 [Formerly 332.120; repealed by 1965 c.100 §456]
     332.170 [Renumbered 332.175]
     332.172
Use of school buildings and grounds for civic and recreational purposes; fee;
rules. (1) Subject to ORS
330.430, 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]
     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 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 boardÂ’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. [2007 c.163 §1]
     Note: Section 2, chapter 163, Oregon Laws 2007,
provides:
     Sec.
2. Section 1 of this 2007
Act [332.176] applies to large construction projects that receive approval from
the electors of the school district for bonded indebtedness for the project on
or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.163 §2]
     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 or an outdoor athletic field. [2007
c.312 §1]
     Note: Section 2, chapter 312, Oregon Laws 2007,
provides:
     Sec.
2. (1) A school, as defined
in section 1 of this 2007 Act [332.207], shall replace all R type metal halide
or mercury vapor light bulbs with T type light bulbs, as defined in section 1
of this 2007 Act, within six months of the effective date of this 2007 Act
[July 1, 2007].
     (2) This section does not:
     (a) Apply to light bulbs used to light a
stadium field or an outdoor athletic field.
     (b) Preclude a school from using
alternative lighting such as fluorescent lights when replacing R type metal
halide or mercury vapor light bulbs. [2007 c.312 §2]
     Note: 332.207 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 332 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     332.210
Districts controlling cemeteries. (1) Any school district may own, possess, manage, operate, control,
improve, sell and convey real property used for cemetery purposes where such
property is within the school district boundaries and a deed of conveyance was
executed and delivered conveying in fee such real property from the owners
thereof to such school district prior to 1923 and such district accepted such
deed and improved such real property for cemetery purposes.
     (2) Any school district owning and
possessing real property described in subsection (1) of this section may
receive, own, expend and issue moneys, notes and other evidences of
indebtedness for improvement, maintenance, operation, care and management of
such real property used for cemetery purposes. [Amended by 1967 c.67 §3]
     332.215 [Formerly 332.370; repealed by 1965 c.100 §456]
     332.220 [Renumbered 332.265]
     332.225 [Formerly 332.240; repealed by 1965 c.100 §456]
     332.230 [Amended by 1963 c.136 §1; renumbered
332.275]
     332.235 [Formerly 332.180; 1965 c.100 §155;
renumbered 332.435]
     332.240 [Renumbered 332.225]
     332.245 [Formerly 332.330; repealed by 1965 c.100 §456]
     332.248 [1953 c.626 §1; renumbered 332.285]
     332.250 [Repealed by 1953 c.626 §9]
     332.252 [1953 c.626 §2; renumbered 332.290]
     332.255 [Formerly 332.070; 1965 c.100 §147; 1971
c.98 §2; repealed by 1993 c.45 §50]
     332.256 [1953 c.626 §3; 1957 c.310 §13; renumbered
332.295]
     332.260 [Repealed by 1953 c.626 §9]
     332.262 [1953 c.626 §4; renumbered 332.300]
     332.265 [Formerly 332.220; repealed by 1965 c.100 §456]
     332.266 [1953 c.626 §5; renumbered 332.305]
     332.270 [Repealed by 1953 c.626 §9]
     332.272 [1953 c.626 §6; renumbered 332.315]
     332.275 [Formerly 332.230; 1965 c.100 §148; 1967
c.350 §1; repealed by 1975 c.771 §33]
     332.280 [Repealed by 1953 c.626 §9]
     332.285 [Formerly 332.248; 1965 c.100 §149; 1965
c.123 §1; repealed by 1975 c.771 §33]
     332.290 [Formerly 332.252; repealed by 1975 c.771 §33]
     332.295 [Formerly 332.256; 1965 c.100 §150; repealed
by 1975 c.771 §33]
     332.300 [Formerly 332.262; 1965 c.100 §151; repealed
by 1975 c.771 §33]
     332.305 [Formerly 332.266; 1965 c.100 §152; repealed
by 1975 c.771 §33]
     332.310 [Repealed by 1957 c.634 §13]
     332.315 [Formerly 332.272; repealed by 1975 c.771 §33]
     332.320 [Amended by 1957 c.634 §4; renumbered
332.135 and then 332.505]
     332.325 [1971 c.234 §2; repealed by 1993 c.45 §51]
     332.330 [Amended by 1957 c.634 §5; renumbered
332.245]
     332.340 [Amended by 1957 c.634 §6; renumbered
336.225 and then 336.035]
     332.350 [Amended by 1957 c.634 §7; renumbered
336.285 and then 336.125]
     332.360 [Amended by 1957 c.634 §8; renumbered
336.073]
     332.370 [Amended by 1957 c.634 §9; renumbered
332.215]
     332.375 [1965 c.147 §2; repealed by 1993 c.45 §52]
     332.380 [Amended by 1957 c.634 §10; 1963 c.131 §1;
renumbered 332.155]
GIFTS
     332.385
Gifts for scholarships and loans. If the district school board accepts money and property donated for
the purpose of establishing scholarship and loan funds for the post-high-school
education of students of the district, then, subject to the conditions of the
gift, the board may appoint a scholarship committee which, subject to the rules
of the board, shall determine the eligibility of applicants for scholarships
and loans, award scholarships and loans and fix the amounts to be awarded and
the terms and conditions of the awards. [1965 c.132 §2; 1967 c.67 §4]
     332.390 [Repealed by 1953 c.424 §2 (332.085 enacted
in lieu of 332.390)]
     332.400 [1961 c.570 §§1,2,4,5; renumbered 332.205
and then 332.445]
TRANSPORTATION
     332.405
Transportation; board and room; pedestrian facilities. (1) The district school board shall provide
transportation for pupils or combinations of pupils and other persons to and
from school-related activities where required by law or when considered
advisable by the board.
     (2) The board may furnish board and room
for pupils in lieu of transportation when reasonable board and room can be
provided at equal or less expense than transportation. The board may also
provide board and room in a facility that existed on July 1, 1998, or a
replacement facility for that facility, for pupils attending a district school
through an interdistrict agreement described in ORS 327.006 (7)(a)(B) or
through a power of attorney authorized under ORS 109.056 (2). This subsection
does not apply to a pupil who attends a district school through a power of
attorney and who is a foreign exchange student enrolled in a school under a
cultural exchange program.
     (3) The transportation costs or expenses
for board and room shall be paid from funds available to the district for that
purpose.
     (4) The district school board may expend
district funds to improve or provide for pedestrian facilities off district
property if the board finds that the expenditure reduces transportation costs
of the district and enhances the safety of pupils going to and from schools of
the district. [Formerly 338.010; 1981 c.237 §1; 1981 c.403 §3; 1993 c.45 §53;
1999 c.961 §4]
     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 districtÂ’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
driverÂ’s license, that the vehicle is currently registered and that the student
driving the vehicle is insured under a motor vehicle liability insurance policy
that meets the requirements described under ORS 806.080 or that the student or
owner of the vehicle has provided the Department of Transportation with other
satisfactory proof of compliance with the financial responsibility requirements
of this state.
     (3) The rules adopted under subsection (2)
of this section shall become effective when appropriate signs giving notice
thereof are erected upon property controlled by the district.
     (4) Every peace officer may enforce the
rules adopted under subsection (2) of this section.
     (5) The district and any municipal
corporation or any department, agency or political subdivision of this state
may enter into agreements or contracts with each other for the purpose of
providing a uniform system of enforcement of the rules adopted under subsection
(2) of this section. [Formerly 332.205; 1983 c.338 §912; 1993 c.45 §55; 1993
c.221 §1]
     332.450 [Renumbered 332.077]
     332.460 [Repealed by 1953 c.56 §2]
     332.470 [Formerly 336.500; 1975 c.770 §26; repealed
by 1977 c.146 §2]
PERSONNEL
     332.505
Employment and compensation of personnel; written personnel policies. (1) A district school board may:
     (a) Employ a superintendent of schools and
necessary assistant superintendents for the district and fix the terms and
conditions of employment and the compensation. The district school board shall
not contract with a superintendent for more than a period of three years at a
time. The contract shall automatically expire at the end of its term. However,
the district school board may elect to issue a subsequent contract for an
additional three years at any time.
     (b) Employ personnel, including teachers
and administrators, necessary to carry out the duties and powers of the board
and fix the duties, terms and conditions of employment and the compensation.
     (c) Compensate district employees in any
form which may include, but shall not be limited to, insurance, tuition
reimbursement and salaries.
     (d) Employ educational assistants and
intern teachers subject to the rules of the State Board of Education.
     (2) The district school board shall
maintain written personnel policies at least one copy of which shall be placed
in the library and one copy in the business office of every school in the
district. Copies shall be available for inspection by any school employee or
member of the public.
     (3) The superintendent of the school
district shall cause each employee to be specifically informed of the existence
and availability of the personnel policies. [Formerly 332.320 and then 332.135;
1971 c.519 §1; 1975 c.770 §27; 1993 c.45 §56; 1997 c.864 §16]
     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 employeeÂ’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 daysÂ’ 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 employeeÂ’s attending physician or practitioner
that the illness or injury prevents the school employee from working.
     (4) Sick leave not taken shall accumulate
for an unlimited number of days. A local governing board is required to permit
a school employee to take up to 75 days sick leave accumulated in other
     (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
     332.510 [Amended by 1953 c.135 §3; repealed by 1965
c.100 §159 (332.511 enacted in lieu of 332.510)]
     332.511 [1965 c.100 §160 (enacted in lieu of
332.510); repealed by 1969 c.541 §4]
     332.515
Chief administrative officer as district school clerk; deputies. The district school board shall designate
the chief administrative officer of the district as district school clerk, but
if there is no such officer the board shall designate an individual to perform
the function. The board may appoint qualified persons as deputies to the chief
administrative officer in performing the duties required of the district school
clerk by law or by the board. [1969 c.541 §1]
     332.520 [Amended by 1953 c.135 §3; repealed by 1965
c.100 §456]
     332.525
Bonds for personnel. (1) The
persons authorized to handle district funds, including the person designated to
be custodian of district funds under ORS 328.441, shall be bonded in an amount
to be determined by law and by the district school board. The board may require
bonds on such other persons as the board may determine.
     (2) The district school board shall
require the district school clerk to be bonded in an amount to be determined by
the board as reasonably necessary to protect the district against loss.
     (3) The costs of bonds under subsections
(1) and (2) of this section shall be paid by the district school board in the
same manner as other expenses of the district are paid. All bonds shall be
justified by a surety company authorized to do business in this state. [1965
c.100 §161; 1975 c.770 §28]
     332.530 [Repealed by 1965 c.100 §456]
     332.531
Law enforcement agency; personnel as peace officers. (1) The district school board of any school
district may establish a law enforcement agency and employ such personnel as
may be necessary to insure the safety of school district personnel and students
upon and in the vicinity of school district premises and the security of the
real and personal property owned, controlled or used by or on behalf of the
school district.
     (2) Persons employed and compensated as
members of a law enforcement agency of a school district, when appointed and
duly sworn, are peace officers as defined in ORS 161.015 (4), but only for the
purpose of carrying out the duties of their employment. They are not police
officers within the meaning of ORS 243.736.
     (3) The district school board may:
     (a) Provide for uniforms, badges, and
other identification of members of such law enforcement agency;
     (b) Withdraw or withhold from any person
employed as a member of such law enforcement agency any part or all of the
powers otherwise conferred by law upon peace officers; and
     (c) Define the duties of persons employed
as members of such law enforcement agency and assign additional duties to such
persons as it may deem appropriate.
     (4) Between meetings of the district
school board, the district superintendent or the deputy of the superintendent
shall have power to suspend any person employed as a member of such law
enforcement agency pending review of such action as soon as practicable by the
district school board. [1975 c.666 §2; 1989 c.606 §2; 1993 c.45 §57]
     332.534
Standard form for reporting salaries and other benefits. In reporting the compensation of school
district employees, the Department of Education shall prepare a standard form
for the purpose of reporting the salary plus other benefits including their
dollar value. [Formerly 342.604]
     332.535 [1973 c.357 §1; repealed by 1993 c.45 §58]
     332.540 [Amended by 1953 c.512 §2; 1957 c.198 §1;
1963 c.544 §28; 1963 c.570 §1b; renumbered 332.705]
     332.544
Procedure for demoting or dismissing classified school employees. (1) As used in this section, “classified
school employee” includes all employees of a public school district except
those for whom a teaching or administrative license is required as a basis for
employment in a public school district.
     (2) A classified school employee who has
been demoted or dismissed shall be entitled to a hearing before the school
board if a written request is filed with the board within 15 days of the
dismissal or demotion.
     (3) School district employees subject to
the civil service provisions of ORS chapter 242 are exempt from the provisions
of this section. [Formerly 342.663]
     332.545 [Amended by 1957 c.198 §2; renumbered
332.710]
     332.550 [Renumbered 332.715]
     332.554
Notice of reasonable assurance of continued employment; when sent; effect of
failure to give notice. (1)
Each school district shall give an individual, written notice of reasonable
assurance of continued employment to all classified school employees who are to
perform services in the same or a similar capacity during a subsequent academic
year or term or in the period immediately following a recess period. Such
notice shall be given by May 30 of each year for employees employed as of that
date and as of the date of hire for employees employed subsequent to May 30.
     (2) No liability shall accrue from failure
to give the notice required by subsection (1) of this section or from the
timing or contents thereof on the part of the school district. However, the
State Board of Education shall enforce the provisions of subsection (1) of this
section.
     (3) As used in this section, “classified
school employee” includes all employees of a public school district except
those for whom a teaching or administrative license is required as a basis for
employment in a public school district. [Formerly 342.617]
     332.570 [Renumbered 332.720]
     332.575 [1971 c.294 §9; renumbered 326.355 in 1993]
     332.580 [Repealed by 1953 c.234 §2]
STUDENT
CENSUS
     332.585
Determination of student census by school districts. The district school board may conduct a
student census to determine the number of pupils between the ages of 4 and 20
resident within the district. [1971 c.294 §8; 1993 c.45 §60]
     332.590 [Amended by 1957 c.198 §3; 1963 c.570 §1c;
renumbered 332.725]
STUDENT
TRAVEL SERVICES
     332.593
District school board policies governing student travel services. Each district school board shall adopt
policies governing the solicitation and sale of travel services to students
enrolled in kindergarten through grade 12. The policies shall address the
solicitation and sale of travel services to students on school property under
the jurisdiction of the school district, at activities under the jurisdiction
of the school district and at interscholastic activities administered by a
voluntary organization approved by the State Board of Education under ORS
339.430. [1999 c.194 §11]
     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 districtsÂ’ 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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