Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “District school board” means the board of directors of a common school district or a union high school district. “School district” means a common or union high school district. BOARD OF DIRECTORS
The directors of a school district in their official capacity shall be known as the district school board. Directors must qualify by taking an oath of office before assuming the duties of office.
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.
Except as provided in ORS 255.400 to 255.424, a district school board may increase the number of board members from five members to seven members on its own motion, or the district school board: May submit the question to the electors of the school district; or Shall submit the question to the electors of the school district when a petition is filed as pro…
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.
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. 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. Notwi…
Except as provided in ORS 255.400 to 255.424: The term of office of director is four years. A person is not eligible to serve as director unless the person is an elector of the district and has resided in the district for the period of one year immediately preceding the election or appointment. A district school board may choose to provide each director w…
Except as provided in ORS 255.400 to 255.424: The district school board shall declare the office of a director vacant upon the happening of any of the following: The death or resignation of the incumbent. When an incumbent is removed from office or the election of the incumbent thereto has been declared void by the judgment of any court. Subject to the p…
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.
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 t…
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.
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.
Notwithstanding ORS 192.610 to 192.705 governing public meetings: 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: Expulsion of a minor…
STATUS, GENERAL POWERS AND DUTIES
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.
Any district school board may: Fix the days of the year and the hours of the day when schools shall be in session. 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. Authorize the use of the schools for purposes of training students of an app…
The general duties of district school boards are: To cause to be used in the district state blanks, registers and other forms, whenever supplied and required by the state. To perform such other duties as the wants of the district may from time to time demand. The district school board may participate in the activities of and may become members of associat…
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.
A district school board in a school district may enter into agreements to provide auxiliary services and facilities to students, including but not limited to forms of residential care and medical and dental services. Any facility used for residential purposes under this section must meet the applicable standards of the Oregon Health Authority and the State F…
As used in this section: “Native American items of cultural significance” means items or objects that are traditionally associated with a Native American or that have religious or cultural significance to a Native American. “Public school event” means a graduation ceremony, an award ceremony, a public meeting or any other public event held or sponsored by …
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. A representative of a deceased person who meets the requirements …
ELECTIONS
Except as provided in ORS 255.400 to 255.424: Unless specifically provided otherwise, ORS chapter 255 governs the following: The nomination and election of school directors. The conduct of all school district elections. ORS 249.865 to 249.877 govern the recall of school board members. The Secretary of State has supervising authority over all elections c…
Except as provided in ORS 255.400 to 255.424, in common school districts and union high school districts the directors may be nominated in one of the following methods or a combination thereof: At large by position number by the electors of the district. By zone by electors of zones, if zoning is approved by the electors under ORS 332.128. A person shall …
Except as provided in ORS 255.400 to 255.424, all candidates shall be elected at large in the district unless the district school board provides for election from zones under ORS 332.126. In a district in which directors are elected from zones: The candidate for the office of director in each zone who receives the plurality of the votes shall be elected. …
Except as provided in ORS 255.400 to 255.424: 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. At any time after a di…
Except as provided in ORS 255.400 to 255.424, in common school districts and union high school districts, directors may be nominated from zones by resolution of the district school board or if the question of zoning is approved by the electors of the district at the regular district election as provided in this section. The district school board: May submi…
Except as provided in ORS 255.400 to 255.424, if a common school district or union high school district is zoned, the school board of the district shall divide the district into the necessary number of zones as nearly equal in population, as shown by the latest federal census, as practicable, taking into account attendance areas where possible. The board sha…
Except as provided in ORS 255.400 to 255.424: 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. Any vacancy occurring on a school board before all zones are represented thereon shall be filled from among resid…
Each position of school director shall be designated by number as Position No. 1, Position No. 2 and so on. 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 th…
Except as provided in ORS 255.400 to 255.424, at each regular district election described in ORS 255.335, school directors shall be elected for a term of four years to succeed the directors whose terms of office expire on June 30 of that year. All such elections of school directors shall be held as provided by ORS chapter 255.
DISTRICT PROPERTY
A district school board: May furnish, equip, repair, lease, purchase and build schoolhouses, including high schools, junior high schools, career and technical education schools, gymnasiums, houses for teachers and other employees and like buildings, and locate, buy and lease lands for all school purposes. Leases authorized by this subsection include lease-p…
A district school board may lease, purchase, construct, reconstruct, improve, repair, equip or furnish a school in another school district and may expend bond proceeds or other funds available to the board for such purposes if the board has the written permission of the district school board of the school district in which the school will be located. The wri…
A school district or education service district: Must provide notification to the State Department of Geology and Mineral Industries when the district: Constructs a new school building; or Modifies an existing school building in a manner that may affect the seismic risk category of a school; and May provide to the parents or legal guardians of the studen…
The district school board may permit the use of school buildings and grounds for civic and recreational purposes, including use for: Supervised recreational activities; 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 re…
As used in this section, “large construction project” means a construction project for which a school district must submit the question of bonded indebtedness to the electors of the school district and the total bonded indebtedness for the project is greater than $1 million. Prior to receiving approval from the electors of the school district for bonded ind…
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 f…
As used in this section: “School” means a school operated by a school district or a public charter school. “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. A school may use only a T type light bulb in a light fixture that is designed for…
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 a…
SCHOOL ENVIRONMENTAL CONDITIONS
A school district, education service district or public charter school shall develop and adopt a plan, to be known as the Healthy and Safe Schools Plan, for the district or school. The plan must address environmental conditions at the facilities owned or leased by the district or school where students or staff are present on a regular basis. The Department o…
A school district, education service district or public charter school shall make the results of any testing conducted under a plan described in ORS 332.331 available to the public no later than 10 business days after receiving the test results. As used in this paragraph, “business day” means a day that is not a Saturday, a legal holiday under ORS 187.010 or…
The Healthy School Facilities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Healthy School Facilities Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Education for the purpose of providing financial assistance to school districts, educa…
The Oregon Health Authority shall disseminate information related to elevated levels of radon to each school district in this state. Information disseminated under this section must include: Information about radon and the dangers associated with elevated levels of radon; The level of radon at which the United States Environmental Protection Agency recomme…
A school district shall develop a plan for testing schools for elevated levels of radon. At a minimum, plans developed under this subsection must: Provide for the testing of radon in any frequently occupied room in contact with the ground or located above a basement or a crawlspace; and Provide for the testing of radon in a school at least once every 10 ye…
SCHOOL VENTILATION QUALITY
As used in ORS 332.352 to 332.365: “ASHRAE” means the American Society of Heating, Refrigerating and Air-Conditioning Engineers. “Certified TAB technician” means an individual certified by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau to test, adjust and balance an HVAC system…
Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until f…
Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until f…
Whenever a school district undertakes indoor HVAC infrastructure improvements using federal and state funds made available to the school district specifically for such purposes, the school district shall expend such funds toward carrying out the provisions of this section. A school district is not obligated to carry out the provisions of this section until f…
A school district shall require a contractor carrying out work on projects for indoor HVAC infrastructure improvements under ORS 332.352 to 332.365 to: Participate as a training agent in an apprenticeship program registered with the State Apprenticeship and Training Council to provide on-the-job training opportunities for apprentices in apprenticeable occup…
If a school district completes the work recommended by a mechanical engineer under ORS 332.358, the school district shall, within 30 days of completing the work, submit to the Department of Education an HVAC verification report that includes: The name and address of the school facility and the name and address of the person preparing the report. A descript…
The Department of Education may adopt rules as necessary to carry out ORS 332.352 to 332.365. Note: See note under 332.352.
GIFTS
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 appli…
TRANSPORTATION
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. 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 …
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 p…
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 transportatio…
INSURANCE
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. Any district school board may enter into contracts of insurance or medical and hospital service contracts coveri…
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 …
Any school district board by resolution may establish an insurance reserve fund by making transfers from the district’s general fund. Transfers to the insurance reserve fund shall be included in the district budget prepared and published in accordance with ORS 294.305 to 294.565. If at any time conditions arise which dispense with the necessity for further t…
TRAFFIC REGULATION
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…
PERSONNEL
A district school board may: 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…
As used in this section: “School employee” includes all employees of a public school district or an education service district. “Sick leave” means absence from duty because of a school employee’s illness or injury or as otherwise provided for by law or by provisions of a collective bargaining agreement. In case of conflict with a rule adopted to interpret …
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 c…
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. The district school board shall require the district school …
The district school board of any school district may establish a law enforcement agency and employ such personnel as may be necessary to ensure the safety of school district personnel and students upon and in the vicinity of school district premises and the security of the real and personal property owned, controlled or used by or on behalf of the school dis…
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.
As used in this section, “classified school employee” includes all employees of a school district in a position represented by a collective bargaining unit, except those for whom a teaching or administrative license is required as a basis for employment in a school district. A classified school employee shall have the right to be dismissed, demoted or disci…
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 e…
STUDENT CENSUS
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.
INTELLECTUAL PROPERTY
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 sectio…
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 mak…
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