ORS Chapter 332

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