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Chapter 332 — LocalAdministration of Education 2009 EDITION  LOCALADMINISTRATION EDUCATIONAND CULTURE GENERALPROVISIONS 332.002     Definitions BOARDOF DIRECTORS 332.005     Directorsas district school board; oath 332.011     Numberof directors of districts under 300,000 332.012     Methodfor increasing number of board members 332.015     Numberof directors of districts of 300,000 or more 332.016     Employeesineligible to serve as directors; exception 332.018     Termof office; qualifications; expenses 332.030     Vacancyin office of director BOARDORGANIZATION AND MEETINGS 332.040     Officers;term 332.045     Boardmeetings 332.055     Quorum;transaction of business 332.057     Dutiesto be performed at meetings on record 332.061     Hearingto expel minor students or to examine confidential medical records; exceptionsto public meetings law STATUS,GENERAL POWERS AND DUTIES 332.072     Legalstatus of school districts 332.075     Powersof board 332.105     Generalduties of board 332.107     Rulesfor school government 332.111     Auxiliaryservices 332.114     Issuanceof diplomas to veterans ELECTIONS 332.118     Electionlaws applicable; duties of Secretary of State; requirements for petitioners 332.122     Nominationof directors; qualifications 332.124     Electionat large unless zoned; plurality in zones; reelection from zones; procedurewhen no nominee to fill zone vacancy; duration of appointments 332.126     Electionfrom zones 332.128     Establishingzones for purpose of nominating directors 332.132     Zoningprocess 332.134     Reelectionafter zoning 332.136     Electionof directors by position numbers 332.138     Electionof directors; term DISTRICTPROPERTY 332.155     Land;buildings; lease-purchase agreements; equipment and services 332.158     Creationof school in another school district by district school board; writtenpermission 332.172     Useof school buildings and grounds for civic and recreational purposes; fee; rules 332.176     Largeconstruction projects; safety improvements 332.182     Condemnationof realty for school purposes 332.207     Lightfixtures 332.210     Districtscontrolling cemeteries GIFTS 332.385     Giftsfor scholarships and loans TRANSPORTATION 332.405     Transportation;board and room; pedestrian facilities 332.415     Transportationof students attending private or parochial schools 332.427     Availabilityof district vehicles for public transportation purposes INSURANCE 332.432     Insurance,medical and hospital service contracts covering school employees;self-insurance 332.435     Liabilityinsurance; self-insurance program for liability; medical and hospital benefitsfor students 332.437     Insurancereserve fund TRAFFICREGULATION 332.445     Regulationof vehicles on school property; rules PERSONNEL 332.505     Employmentand compensation of personnel; written personnel policies 332.507     Sickleave for school employees; other leave 332.515     Chiefadministrative officer as district school clerk; deputies 332.525     Bondsfor personnel 332.531     Lawenforcement agency; personnel as peace officers 332.534     Standardform for reporting salaries and other benefits 332.544     Procedurefor demoting or dismissing classified school employees 332.554     Noticeof reasonable assurance of continued employment; when sent; effect of failureto give notice STUDENTCENSUS 332.585     Determinationof student census by school districts STUDENTTRAVEL SERVICES 332.593     Districtschool board policies governing student travel services INTELLECTUALPROPERTY 332.745     Acquisitionof interest in intellectual properties 332.750     Transactionsinvolving intellectual property exempt from certain bidding requirements GENERALPROVISIONS       332.002Definitions.As used in this chapter, unless the context requires otherwise:      (1)“District school board” means the board of directors of a common schooldistrict 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] BOARDOF DIRECTORS       332.005Directors as district school board; oath. (1) The directors of a schooldistrict in their official capacity shall be known as the district schoolboard.      (2)Directors must qualify by taking an oath of office before assuming the dutiesof office. [1965 c.100 §127; 1983 c.350 §168; 1983 c.379 §5]       332.010 [Amended by1955 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)]       332.011Number of directors of districts under 300,000. Except asotherwise provided for former administrative school districts or under ORS335.490 or when specified by school district merger proceedings, the board ofdirectors 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]       332.012Method for increasing number of board members. (1) A districtschool board may increase the number of board members from five members toseven 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 apetition 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 to255.205. [1997 c.521 §18]       332.015Number of directors of districts of 300,000 or more. The board ofdirectors of a school district with a population of 300,000 or more, accordingto 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]       332.016Employees ineligible to serve as directors; exception. (1) A personwho is an employee of a school district may not serve as a member of thedistrict 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 amember of the district school board of the district in which the public charterschool that employs the person is located.      (3)Notwithstanding subsection (1) or (2) of this section, a person who is anemployee of a school district or a public charter school may serve as a memberof the district school board for the district by which the employee is employedor the district in which the public charter school that employs the person islocated if:      (a)The person is employed by the district or public charter school as a substituteschool 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 schoolboard under subsection (3) of this section at the beginning of the member’sterm of office may continue to serve on the board for the remainder of themember’s term of office regardless of any change to the ADM of the district. [Formerly331.085; 2001 c.810 §1; 2005 c.93 §1]       332.017 [1965 c.100 §132;repealed by 1977 c.474 §3]       332.018Term of office; qualifications; expenses. (1) The term of office ofdirector is four years.      (2)No person shall be eligible to serve as director unless the person is anelector of the district and has resided therein for the period of one yearimmediately preceding the election or appointment.      (3)No director shall receive any compensation for services as director other thanreimbursement for reasonable and necessary expenses actually incurred on schoolbusiness. [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 by1993 c.45 §37]       332.030Vacancy in office of director. (1) The district school board shalldeclare the office of a director vacant upon the happening of any of thefollowing:      (a)The death or resignation of the incumbent.      (b)When an incumbent is removed from office or the election of the incumbent theretohas been declared void by the judgment of any court.      (c)Subject to the provisions of subsections (2) and (3) of this section, when anincumbent 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 consecutivemonths unless prevented therefrom by sickness or other unavoidable cause.      (e)When an incumbent ceases to discharge the duties of office for four consecutivemonths for any reason.      (f)When an incumbent is recalled.      (2)A director of a union high school board who changes the director’s permanentresidence from one component common school district to another component commonschool district in which another director resides shall continue to serve asdirector to June 30 next following the next regular district election. At thatelection, a successor shall be elected to serve the remainder, if any, of theunexpired term to which the director was elected. If the term to which thedirector was elected expires June 30 next following the election of thesuccessor, the successor shall be elected to a full term. In either case, thesuccessor shall take office July 1 next following the election.      (3)A director of a common school district nominated from a zone who changes thedirector’s permanent residence from one zone to another zone in which anotherdirector resides shall continue to serve as director to June 30 next followingthe next regular district election. At that election, a successor shall beelected to serve the remainder, if any, of the unexpired term to which thedirector was elected. If the term to which the director was elected expiresJune 30 next following the election of the successor, the successor shall beelected to a full term. In either case, the successor shall take office July 1next following the election.      (4)When a vacancy is declared under subsection (1)(a), (b) or (d) to (f) of thissection, the remaining member or members of the board shall meet and appoint aperson to fill the vacancy. The person must satisfy the eligibilityrequirements under ORS 332.018 and, if the district is zoned, reside in thezone in which the vacancy occurs. A director appointed under this subsectionshall serve to June 30 next following the next regular district election. Atthat election, a successor shall be elected to serve the remainder, if any, ofthe unexpired term to which the director was appointed. If the term to whichthe director was appointed expires June 30 next following the election of thesuccessor, the successor shall be elected to a full term. In any case, thesuccessor s
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  • Chapter 332 — LocalAdministration of Education

     

    2009 EDITION

     

     

    LOCALADMINISTRATION

     

    EDUCATIONAND CULTURE

     

    GENERALPROVISIONS

     

    332.002     Definitions

     

    BOARDOF DIRECTORS

     

    332.005     Directorsas district school board; oath

     

    332.011     Numberof directors of districts under 300,000

     

    332.012     Methodfor increasing number of board members

     

    332.015     Numberof directors of districts of 300,000 or more

     

    332.016     Employeesineligible to serve as directors; exception

     

    332.018     Termof office; qualifications; expenses

     

    332.030     Vacancyin office of director

     

    BOARDORGANIZATION AND MEETINGS

     

    332.040     Officers;term

     

    332.045     Boardmeetings

     

    332.055     Quorum;transaction of business

     

    332.057     Dutiesto be performed at meetings on record

     

    332.061     Hearingto expel minor students or to examine confidential medical records; exceptionsto public meetings law

     

    STATUS,GENERAL POWERS AND DUTIES

     

    332.072     Legalstatus of school districts

     

    332.075     Powersof board

     

    332.105     Generalduties of board

     

    332.107     Rulesfor school government

     

    332.111     Auxiliaryservices

     

    332.114     Issuanceof diplomas to veterans

     

    ELECTIONS

     

    332.118     Electionlaws applicable; duties of Secretary of State; requirements for petitioners

     

    332.122     Nominationof directors; qualifications

     

    332.124     Electionat large unless zoned; plurality in zones; reelection from zones; procedurewhen no nominee to fill zone vacancy; duration of appointments

     

    332.126     Electionfrom zones

     

    332.128     Establishingzones for purpose of nominating directors

     

    332.132     Zoningprocess

     

    332.134     Reelectionafter zoning

     

    332.136     Electionof directors by position numbers

     

    332.138     Electionof directors; term

     

    DISTRICTPROPERTY

     

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

     

    332.158     Creationof school in another school district by district school board; writtenpermission

     

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

     

    332.176     Largeconstruction projects; safety improvements

     

    332.182     Condemnationof realty for school purposes

     

    332.207     Lightfixtures

     

    332.210     Districtscontrolling cemeteries

     

    GIFTS

     

    332.385     Giftsfor scholarships and loans

     

    TRANSPORTATION

     

    332.405     Transportation;board and room; pedestrian facilities

     

    332.415     Transportationof students attending private or parochial schools

     

    332.427     Availabilityof district vehicles for public transportation purposes

     

    INSURANCE

     

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

     

    332.435     Liabilityinsurance; self-insurance program for liability; medical and hospital benefitsfor students

     

    332.437     Insurancereserve fund

     

    TRAFFICREGULATION

     

    332.445     Regulationof vehicles on school property; rules

     

    PERSONNEL

     

    332.505     Employmentand compensation of personnel; written personnel policies

     

    332.507     Sickleave for school employees; other leave

     

    332.515     Chiefadministrative officer as district school clerk; deputies

     

    332.525     Bondsfor personnel

     

    332.531     Lawenforcement agency; personnel as peace officers

     

    332.534     Standardform for reporting salaries and other benefits

     

    332.544     Procedurefor demoting or dismissing classified school employees

     

    332.554     Noticeof reasonable assurance of continued employment; when sent; effect of failureto give notice

     

    STUDENTCENSUS

     

    332.585     Determinationof student census by school districts

     

    STUDENTTRAVEL SERVICES

     

    332.593     Districtschool board policies governing student travel services

     

    INTELLECTUALPROPERTY

     

    332.745     Acquisitionof interest in intellectual properties

     

    332.750     Transactionsinvolving intellectual property exempt from certain bidding requirements

     

    GENERALPROVISIONS

     

          332.002Definitions.As used in this chapter, unless the context requires otherwise:

          (1)“District school board” means the board of directors of a common schooldistrict 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]

     

    BOARDOF DIRECTORS

     

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

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

     

          332.010 [Amended by1955 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)]

     

          332.011Number of directors of districts under 300,000. Except asotherwise provided for former administrative school districts or under ORS335.490 or when specified by school district merger proceedings, the board ofdirectors 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]

     

          332.012Method for increasing number of board members. (1) A districtschool board may increase the number of board members from five members toseven 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 apetition 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 to255.205. [1997 c.521 §18]

     

          332.015Number of directors of districts of 300,000 or more. The board ofdirectors of a school district with a population of 300,000 or more, accordingto 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]

     

          332.016Employees ineligible to serve as directors; exception. (1) A personwho is an employee of a school district may not serve as a member of thedistrict 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 amember of the district school board of the district in which the public charterschool that employs the person is located.

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

          (a)The person is employed by the district or public charter school as a substituteschool 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 schoolboard under subsection (3) of this section at the beginning of the member’sterm of office may continue to serve on the board for the remainder of themember’s term of office regardless of any change to the ADM of the district. [Formerly331.085; 2001 c.810 §1; 2005 c.93 §1]

     

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

     

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

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

          (3)No director shall receive any compensation for services as director other thanreimbursement for reasonable and necessary expenses actually incurred on schoolbusiness. [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 by1993 c.45 §37]

     

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

          (a)The death or resignation of the incumbent.

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

          (c)Subject to the provisions of subsections (2) and (3) of this section, when anincumbent 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 consecutivemonths unless prevented therefrom by sickness or other unavoidable cause.

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

          (f)When an incumbent is recalled.

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

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

          (4)When a vacancy is declared under subsection (1)(a), (b) or (d) to (f) of thissection, the remaining member or members of the board shall meet and appoint aperson to fill the vacancy. The person must satisfy the eligibilityrequirements under ORS 332.018 and, if the district is zoned, reside in thezone in which the vacancy occurs. A director appointed under this subsectionshall serve to June 30 next following the next regular district election. Atthat election, a successor shall be elected to serve the remainder, if any, ofthe unexpired term to which the director was appointed. If the term to whichthe director was appointed expires June 30 next following the election of thesuccessor, the successor shall be elected to a full term. In any case, thesuccessor s

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