TITLE 30

EDUCATION ANDCULTURE

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Chapter 326. StateAdministration of Education

327. StateFinancing of Elementary and Secondary Education

328. LocalFinancing of Education

329. OregonEducational Act for the 21st Century; Educational Improvement and Reform

330. BoundaryChanges; Mergers

332. LocalAdministration of Education

334. EducationService Districts

335. HighSchools

336. Conductof Schools Generally

337. Booksand Instructional Materials

338. PublicCharter Schools

339. SchoolAttendance; Admission; Discipline; Safety

340. ExpandedOptions Program

341. CommunityColleges

342. Teachersand Other School Personnel

343. SpecialEducation Services

344. Careerand Technical Education; Rehabilitation; Adult Literacy

345. PrivateSchools

346. Programsfor Persons Who Are Blind or Deaf

348. StudentAid; Education Stability Fund; Planning

351. HigherEducation Generally

352. Stateand Independent Institutions of Higher Education

353. OregonHealth and Science University

354. EducationalTelevision and Radio; Translator Districts; Distance Learning

357. Libraries;Archives; Poet Laureate

358. Museums;Historical Societies; Preservation of Historical and Archaeological Propertiesand Objects; Oregon Historic Families Database

359. Artand Culture

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Chapter 326 — StateAdministration of Education

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2009 EDITION

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STATEADMINISTRATION OF EDUCATION

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EDUCATIONAND CULTURE

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STATEBOARD OF EDUCATION

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326.011 Policy

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326.021 StateBoard of Education membership

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326.031 Vacancies

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326.041 Meetings;election and term of chairperson; compensation and expenses

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326.051 Boardfunctions; rules

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326.075 Cooperationwith Education and Workforce Policy Advisor; cooperation and compliance withOregon Student Assistance Commission decisions

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DEPARTMENTOF EDUCATION

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(Generally)

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326.111 Departmentof Education; composition; functions

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(Temporaryprovisions relating to the Oregon Environmental Literacy Task Force arecompiled as notes following ORS 326.111)

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326.113 Employeetransfer of unused sick leave

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326.115 Departmentof Education Account

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(DistrictBusiness Practices)

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326.131 Definitionsfor ORS 326.133 and 326.136

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326.133 Auditing;list of best practices

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326.136 DistrictBest Business Practices Advisory Committee

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SUPERINTENDENTOF PUBLIC INSTRUCTION

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326.305 Termof Superintendent of Public Instruction

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326.310 Superintendent’seducational duties

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326.320 Publications;fees; accounting

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326.323 Superintendent’ssignature on public contracts

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326.330 DeputySuperintendents of Public Instruction; appointment; powers

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326.340 Dispositionof conference fees by superintendent; disbursement of fees

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326.350 Authorityfor department staff to serve on education-related organizations; EducationalOrganizations Fund; disbursements

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SCHOOLCENSUS

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326.355 Determinationof school census

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DEPARTMENTOF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT

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326.370 Departmentof Community Colleges and Workforce Development under State Board of Education;rules

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326.373 Departmentof Community Colleges and Workforce Development Account

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326.375 Commissionerfor Community College Services; appointment; duties

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326.380 AdvancedTechnology Education and Training Fund

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326.382 Advancedtechnology education and training grants and loans; rules

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INTELLECTUALPROPERTY

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326.520 Acquisitionof intellectual property by board

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326.530 Management,development and disposition of intellectual property

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326.540 Revenuefrom intellectual property; Board of Education Invention Fund; purpose

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REALPROPERTY

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326.543 Adversepossession

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GENERALEDUCATIONAL DEVELOPMENT (GED) CERTIFICATES

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326.550 GeneralEducational Development (GED) certificates; rules; how fee determined;accounting

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STUDENTRECORDS

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326.565 Standardsfor student records; rules

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326.575 Recordswhen student transfers or is placed elsewhere; notice to parents; amendments torecords; rules

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326.580 Electronicstudent records; rules; standards; participation by educational institutions

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326.585 Definitionsfor ORS 326.587 and 326.589

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326.587 Disclosureof Social Security number of higher education student

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326.589 Disclosureof Social Security number of community college student

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326.591 Actionfor disclosure of Social Security number

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CRIMINALOFFENDER INFORMATION PROCESS

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326.603 Authorityof school districts and schools to obtain fingerprints and criminal recordscheck of employees and contractors; fee

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326.604 Authorityof Department of Education to obtain fingerprints and criminal records check ofemployees

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326.606 Departmentrulemaking related to criminal records checks

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326.607 Authorityof school districts and schools to obtain criminal records check of volunteersand applicants for employment; fee

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YOUTHCORRECTIONS AND JUVENILE DETENTION EDUCATION PROGRAMS

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326.695 Definitionsfor ORS 326.700 and 326.712

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326.700 Purposeof programs; distribution of State School Fund

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326.712 Superintendentmay contract with district to provide programs

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326.003 [1991 c.780 §1;repealed by 1993 c.45 §1a]

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326.005 [1961 c.624 §1;repealed by 1965 c.100 §456]

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326.010 [Repealed by1961 c.624 §8 and 1965 c.519 §15]

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STATEBOARD OF EDUCATION

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326.011Policy.

Inestablishing policy for the administration and operation of the publicelementary and secondary schools and public community colleges in the State ofOregon and in carrying out its duties as prescribed by law, the State Board ofEducation shall consider the goals of modern education, the requirements of asound, comprehensive curriculum best suited to the needs of the students andthe public and any other factors consistent with the maintenance of a modernand efficient elementary and secondary school system and community collegeprogram. [1965 c.100 §1; 1971 c.513 §8]

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326.020 [Amended by1961 c.624 §2; 1963 c.544 §15; repealed by 1965 c.100 §456]

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326.021State Board of Education membership. (1) The State Board of Education shallconsist of:

(a)The State Treasurer, or the designee of the State Treasurer;

(b)The Secretary of State, or the designee of the Secretary of State; and

(c)Seven members, appointed by the Governor for a term of four years beginningJuly 1 of the year of appointment, subject to confirmation by the Senate in themanner provided in ORS 171.562 and 171.565. A person appointed under thisparagraph may not be appointed to serve consecutively more than two full termsas a board member.

(2)In making appointments under subsection (1) of this section, the Governor shallselect from residents of Oregon one member from each congressional district andtwo members from the state at large. An appointed member may not be engaged inteaching or participate in the administration or operation of any school.

(3)The Governor may remove appointed members of the State Board of Education forcause at any time after notice and public hearing.

(4)The State Treasurer and the Secretary of State, or the designee of the StateTreasurer or Secretary of State, are nonvoting, ex officio members of theboard. [1965 c.100 §3 (enacted in lieu of 326.060); 1969 c.695 §4; 1971 c.485 §1;1985 c.565 §56; 1993 c.45 §2; 2009 c.446 §1]

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326.030 [Amended by1961 c.624 §3; renumbered 326.095]

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326.031Vacancies.Appointments made to fill vacancies of the State Board of Education occurringprior to expiration of a term of an appointed member shall be for the remainderof the unexpired term. When a vacancy occurs in an appointment made from acongressional district, the successor shall be appointed from the congressionaldistrict for which the vacancy exists. [1965 c.100 §4; 1985 c.565 §57; 2009c.446 §2]

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326.040 [Amended by1957 c.124 §1; repealed by 1965 c.100 §456]

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326.041Meetings; election and term of chairperson; compensation and expenses. (1) The StateBoard of Education shall meet at least six times each year on dates determinedby the board, and at such other times as may be designated by the chairpersonagreeable to a majority of the board, or at the call of a majority of the boardmembers.

(2)The board shall elect one of its members to serve as chairperson of the boardfor one year commencing July 1. In case the office of chairperson of the boardis permanently vacated for any reason, the board may elect a new chairperson toserve until the June 30 next following.

(3)A member is entitled to compensation and expenses as provided in ORS 292.495. [1965c.100 §5; 1967 c.507 §3; 1969 c.314 §21; 1971 c.656 §1; 1987 c.474 §1; 1993c.15 §1; 1993 c.45 §3]

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326.050 [Repealed by1957 c.124 §3]

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326.051Board functions; rules. Subject to ORS 417.300 and 417.305:

(1)In addition to such other duties as are prescribed by law and pursuant to therequirement of ORS chapter 183, the State Board of Education shall:

(a)Establish state standards for public kindergartens and public elementary andsecondary schools consistent with the policies stated in ORS 326.011.

(b)Adopt rules for the general governance of public kindergartens and publicelementary and secondary schools and public community colleges.

(c)Prescribe required or minimum courses of study.

(d)Adopt rules regarding school and inter