OREGON REVISED STATUTES INCLUDING

Transcription

1 1991 OREGON REVISED STATUTES INCLUDING RECEIVEt) LAW BRAR.Y All material affected by Acts of the 1990 special session of the Sixty-fifth Legislative Assembly on May 7, 1990; Acts of the 1991 regular session of the Sixty- sixth Legislative Assembly; and Acts approved by the electors at the General Election on November 6, 1990 Volume 7 Containing, with some exceptions, the statute laws of Oregon of a general, public and permanent nature in effect on September 29, 1991, the normal effective date of Acts passed by the regular session of the Sixty- sixth Legislative Assembly, which adjourned June 30, 1991 PUBLISHED PURSUANT TO ORS by the LEGISLATIVE COUNSEL COMMITTEE of the LEGISLATIVE ASSEMBLY WsA6RTTQT0N CGUNTY

2 Copyright 1953, 1955, 1957, 1959, 1961, 1963, 1965, 1967, 1968, 1969, 1971, 1973, 1974, 1975, 1977, 1979, 1981, 1983, 1985, 1987, 1989, 1991 by STATE OF OREGON Legislative Counsel Committee Printed in the United States of America PRINTED ON RECYCLABLE MATERIAL For information call: OR to NSIDEOREGON OUTSIDEOREGON to DEQ WASTE REDUCTION SECTION

3 TABLE OF TITLES AND C11APTERS 1991 Edition VOLUME EDUCATION AND CULTURAL FACILITIES 326. State Administration of Elementary and Secondary Education 327. State Financing of Elementary and Secondary Education 328. Local Financing of Education 330. Boundary Changes; Mergers 332. Local Administration of Education 333. County Unit System 334. Education Service Districts 335. High Schools 336. Conduct of Schools Generally; Improvement Programs 337. Textbooks 339. School Attendance; Admission; Discipline; Alternative Education Program 341. Community Colleges 342. Teachers and Other School Personnel 343. Special Education Services 344. Career and Vocational Education; Rehabilitation; Adult Literacy 345. Private Schools 346. Education and Rehabilitation of Blind and Deaf 348. Student Aid; Cooperation and Coordination 351. Higher Education Generally 352. Institutions of Higher Education 354. Educational Television and Radio; Translator Districts; Distance Learning; Ed -Net 357. Libraries; Archives; Poet Laureate 358. Museums; Historical Societies; Preservation of Historical and Archaeological Properties and Objects; Oregon Historic Families Data Base 359. Arts Commission; Art Transactions 360. Tourism 31. HIGHWAYS, ROADS, BRIDGES AND FERRIES 366. State Highways 367. Indebtedness for State Highways, City and County Roads and Recreation Facilities 368. County Roads 369. Ways of Public Easement 370. County Road Bonding Act 371. Road Districts and Road Assessment Plans 372. Highway Lighting Districts 373. Roads and Highways Through Cities 374. Control of Access to Public Highways 376. Ways of Necessity; Special Ways; Pedestrian Malls 377. Highway Beautification; Motorist Information Signs 381. Interstate Bridges 382. Intrastate Bridges 383. Private Toll Bridges 384. Ferries Hi

4 TABLE OF TITLES AND CHAPTERS 390. State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails 391. Mass Transportation 32. MILITARY AFFAIRS; EMERGENCY SERVICES 396. Militia Generally 398. Military Justice 399. Organized Militia 401. Emergency Services; Search and Rescue; Emergency Telephone Systems; Communications Districts 33. PRIVILEGES AND BENEFITS OF VETERANS AND SERVICE PERSONNEL 406. Director of Veterans' Affairs 407. Veteran Loans 408. Miscellaneous Benefits for Veterans and Service Personnel 34. HUMAN SERVICES; CORRECTIONS 409. Department of Human Resources 410. Senior and Disability Services 411. Adult and Family Services; General Assistance 412. Aid to the Blind and to the Disabled 413. Old -age Assistance 414. Medical Assistance 416. Recovery of Assistance Payments 417. ' Interstate Compacts on Juveniles and Children; Children and Youth Services 418. Child Welfare Services 419. Juvenile Court Proceedings; County Juvenile Departments; Local Citizen Review Boards 420. Juvenile Training Schools; Youth Care Centers 421. Department of Corrections Institutions; Compacts 423. Corrections and Crime Control Administration and Programs iv

5 TITLE 30 EDUCATION AND CULTURAL FACILITIES Chapter 326. State Administration of Elementary and Secondary Education 327. State Financing of Elementary and Secondary Education 328. Local Financing of Education 330. Boundary Changes; Mergers 332. Local Administration of Education 333. County Unit System 334. Education Service Districts 335. High Schools 336. Conduct of Schools Generally; Improvement Programs 337. Textbooks 339. School Attendance; Admission; Discipline; Alternative Education Program 341. Community Colleges 342. Teachers and Other School Personnel 343. Special Education Services 344. Career and Vocational Education; Rehabilitation; Adult Literacy 345. Private Schools 346. Education and Rehabilitation of Blind and Deaf 348. Student Aid; Cooperation and Coordination 351. Higher Education Generally 352. Institutions of Higher *Education 354. Educational Television and Radio; Translator Districts; Distance Learning; Ed -Net 357. Libraries; Archives; Poet Laureate 358. Museums; Historical Societies; Preservation of Historical and Archaeological Properties and Objects; Oregon Historic Families Data Base 359. Arts Commission; Art Transactions 360. Tourism Chapter EDITION State Administration of Elementary and Secondary Education LEGISLATIVE INTENT FOR PUBLIC Administration of interscholastic activ- ELEMENTARY AND SECONDARY ities; voluntary organizations; standards, SCHOOLS appeal Legislative intent in maintaining system Questions and disputes submitted to board of public elementary and secondary by superintendent schools Cooperation with the Oregon Office of Educational Policy and Planning, compliance STATE BOARD OF EDUCATION with office decisions Policy State Board of Education; members; confirmation; terms; reappointment; qualifications; removal Vacancies Meetings; election and term of chairman; 326MI compensation and expenses Board functions DEPARTMENT OF EDUCATION Department of Education; composition; functions SUPERINTENDENT OF PUBLIC INSTRUCTION Term of Superintendent of Public Instruction 30-1

6 EDUCATION AND CULTURAL FACILITIES Superintendent' s educational duties Publications; fees; accounting Deputy Superintendents of Public Instruction; appointment; powers Disposition of conference fees by superintendent; disbursement of fees Authority for department staff to serve on education related organizations; Educational Organizations Fund; disbursements ESSENTIAL LEARNING SE3LLS PROGRAM 326x M Policy statement Board of Education duties; program con- tents INTELLECTUAL PROPERTY Acquisition of intellectual property by board Management, development and disposition of intellectual property Revenue from intellectual property, Board of Education Invention Fund-, purpose EQUIVALENCY CERTIFICATES Equivalency certificates; how fee determined; accounting FEDERAL FUNDS State d ent as applicant for certain federal fund PARENT -AS- TEACHER PROGRAM AND PRESII idergarten PROGRAM Definitions for ORS to Department to administer prekindergarten program; grants; eligibility; coordination 328x610 with other programs Program function; funding Advisory committee Rules 32& 67.5 Beport on program by Superintendent of Public Instruction; department to assess program effectiveness OREGON EDUCATIONAL ACT FOR THE 21st CENTURY Generally) Department of Education as coordinating agency-, legislative review Legislative findings and goals Legislative intent 32&720 General policy 32&725 Revision of common curriculum goals Plans for school restructuring, purposes Extended school year, legislative review Funding support required Rules for statewide implementation of Oregon Educational Act for the 21st Century Assessing Effectiveness) On -site visits by state board or designees School district self -evaluations; local improvement plans; department' s technical assistance 32&765 Comprehensive statewide school district and school information system; profiles; public access Oregon Report Card, purpose; comparative data Parental Participation) Policy on parental participation Services to Children and Families) 32&785 Definitions for ORS and Policy on serving children and families 32&765 Process for coordination of services to children and families Early Childhood Education) Policy on early childhood education Development of long range plan for serving children and families Eligibility for state funded prekindergarten programs Employment- related Education and Training) Duties of Oregon Workforce Quality Council 328,835 Development of comprehensive education and training programs for indorsements and degrees CROSS REFERENCES Distribution of amounts to Community College System Support Fund, 1991 c Private schools offering residential programs for children, inspection and review, Forfeiture of office for nonattendance at meetings, Majority may transact business, &041 Meeting, joint with State Board of Higher Education and State Board of Education, MI Apprenticeship and training course policies, , Career and vocational education, advice firm state advisory council, Community college guidelines, Development of nondiscriminatory courses of study to improve instructional effectiveness, state board to stimulate, Employment and counseling program under U.S. Manpower Development and Training Act, to Imposition of sanctions against schools which discriminate, Office of Educational Policy and Planning, Oregon, Private schools, advisory committee, Pupil conduct, minimum standards, Standards of adequacy of services, established by state board for education service districts, Textbooks: Criteria for review and state board, selection, established by 30-2

7 STATE ADARMSTRATION Ratification or rejection of State Textbook Commission selections, A7b State -wide comprehensive education plan, postsecondary programs, Apprenticeship and training programs, Bus construction standards adopted by Department of Education, Public purchasing law applicability, Senior Services Division; interagency agreements; service coordination for handicapped persons, Acceptance and distribution of donated commodities to schools, Deaf and blind children, training and educational services, duties of superintendent, Exemption from lobbying regulation, Finding that school closure will occur, necessitating special levy election, State Advisory Committee for Community Schools, Superintendent of Public Instruction: Constitutional provision for office, Const. Art. VIII, 1 Salary, Deputy and assistant superintendents under State Personnel Relations Law, Intellectual property, acquisition by State Board of Higher Education, Title to property acquired by state agency to be taken in name of state,

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9 STATE ADM NISTRATION 328A05 [ 1961 c.624 l; repealed by 1965 a [ Repealed by 1961 c and 1965 x LEGISLATIVE INTENT FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS 32& 003 Legislative intent in maintain- ing eyetem of public elementary and see - ondary schools. It is the intent of the Legislative Assembly to maintain a system of public elementary and secondary schools that has the following characteristics: 1) Provides equal and open access and educational opportunities for all students in the state regardless of their linguistic back- ground, culture, gender, capability or ographic location; ge- 2) Assumes that all students can learn and establishes high, specific skill and knowledge expectations appropriate to the students assessed learning rates at all in- structional levels; 3) Provides special education, compensatory education, linguistically and culturally appropriate education and other specialized programs to all students who need those services; 4) Provides students with a solid foun- dation in the skills of reading, writing, problem solving, listening, speaking and critical thinking; 5) Provides for a high degree of mastery in mathematics and science; 6) Provides students with a background in social studies, the arts and humanities to the end that they will function successfully and tolerantly in a participatory democracy and a multicultural nation and world; 7) Provides students with the knowledge and skills that will provide the opportunities to succeed in the world of work, as members of families and as citizens of a participatory democracy; 8) Provides students with the knowledge and skills to take responsibility for their decisions and to make appropriate choices; 9) Provides opportunities for students to learn through a variety of teaching strategies that focus on an individual student' s learning profile including but not limited to assessed strengths, weaknesses, learning styles and interests, with appropriate intervention ser- vices; 10) Emphasizes involvement of parents and the community in the total education of students; 11) Transports children safely to and from school; 12) Assures the funds allocated to schools reflect the uncontrollable differences in costs facing each district; and 13) Assures local schools have adequate control of how funds are spent to best meet the needs of students in their communities x780 ] Note Becomes operative on June 30, 1992 See section 38, chapter 780, Oregon Laws STATE BOARD OF EDUCATION Policy. In establishing olicy for the administration and operation ofpthe public elementary and secondary schools and public community colleges in the State of Oregon and in carrying out its duties as prescribed by law, the State Board of Educa- tion shall consider the goals of modem edu- cation, the requirements of a sound, comprehensive curriculum best suited to the needs of the students and the public and any other factors consistent with the mainte- nance of a modem and efficient elementary and secondary school system and community college program. [ 1965 c.100 i; 1971 c [ Amended by 1961 c.624 2; 1963 c ; repealed by 1965 c State Board of Education; members; confirmation; terms; reap - prtment; qualifications; removal. ( 1) The State Board of Education shall consist of seven members, appointed by the Governor for a term of four years beginning July 1 of the year of appointment, subject to confir- mation by the Senate in the manner provided in ORS and No person may be appointed after December 31, 1971, to serve consecutively more than two full terms as a board member. 2) In making appointments under subsection ( 1) of this section, the Governor shall select from residents of Oregon one member from each congressional district and the remainder from the state at large. No member shall be engaged in teaching or participate in the administration or operation of any school. 3) The Governor may remove members of the State Board of Education for cause at any time after notice and public hearing c ( enacted in lieu of % 1969 x c.485 1; 1985 c UN [ Amended by 1961 x624 3; renumbered ] 32& 031 Vacancies. Appointments made to fill vacancies occurring prior to expiration of a term shall be for the remainder of the unexpired term. When a vacancy occurs in an appointment made from a congressional district, the successor shall be appointed from the congressional district for which the vacancy exists. [ 1965 c.100 4; 1985 c ]

10 EDUCATION AND CULTURAL FACILITIES 32& 040 [ Amended by 1957 c.124 1; repealed by 1965 c ] Meetings; election and term of chairman; compensation and expenses. ( 1) The State Board of Education shall meet in the state capital in March, June, September and December of each year on a date determined, and at such other places and times as may be designated by the chairman agreeable to a majority of the board, or at the call of a majority of the board members. 2) Each June the board shall elect one of its members to serve as chairman of the board for one year commencing July 1. In case the chairmanship of the board is permanently vacated for any reason, the board may elect a new chairman to serve until the June 30 next following. 3) A member is entitled to compensation and expenses as provided in ORS x100 5; 1967 c.50i 3; 1969 x314 21; 1971 c Note: The amendments to by section 1, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws The text is set forth for the user' s convenience ( 1) The State Board of Education shall meet at least six times each year on dates determined by the board, and at such other times as may be designated by the chairman agreeable to a majority of the board, or at the call of a majority of the board members. 2) Each June the board shall elect one of its members to serve as chairman of the board for one year commencing July 1. In case the chairmanship of the board is permanently vacated for any reason, the board may elect a new chairman to serve until the June 30 next following. 3) A member is entitled to compensation and expenses as provided in ORS & 0b0 [ Repealed by 1957 c Board function. Subject to ORS and : 1) In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS to , the State Board of Education shall: a) Establish state standards for public kindergartens and public elementary and secondary schools, considering first the goals of modem education and the requirements of a sound comprehensive curriculum with particular emphasis on establishment of the highest practical scholarship standards and, in secondary schools, establishment of programs and academic standards necessary to enable students to attend community colleges, institutions of higher education and vocational and technical programs and to enter employment both within and without the State of Oregon, and considering also the health, safety, and scholastic needs of the students, the population, climate, economy and geography of the school districts and any other factors necessary to the maintenance of a modern and efficient school system. b) Adopt rules for the general governance of public kindergartens and public elementary and secondary schools and public community colleges. c) Prescribe required or minimum courses of study. d) Adopt rules regarding school and interscholastic activities in accordance with standards established pursuant to ORS ( 1). e) Adopt rules that provide that no pub- lic elementary or secondary school shall dis- criminate as to sex, race, marital status, religion or national origin in determining in interscholastic activities. Discrimination is as defined in ORS F 2) The State Board of Education may: a) Consistent with the laws of this state, accept money or property not otherwise provided for under paragraph ( b) of this subsection, which is donated for the use or benefit of the public kindergartens and pub- lic elementary and secondary schools and public community colleges and use such money or property for the purpose for which it was donated. Until it is used, the board shall deposit any money received under this paragraph in a special fund with the State Z'reasurer as provided in ORS to b) Apply for federal funds and accept and enter into any contracts or agreements in behalf of the state for the receipt of such funds from the Federal Government or its agencies for educational purposes, including but not limited to any funds available for the school lunch program, for career education purposes, for vocational educational purposes, for adult education, for manpower programs and any grants available to the state or its political subdivisions for general federal aid for public kindergartens and public elementary and secondary schools and public community colleges and their auxil- iary services, improvement of teacher prepa- ration, teacher salaries, construction of school buildings, administration of the De partment of Education and any other educa- tional activities under the jurisdiction of the State Board of Education. c) Administer the state program provided for in Public Law ( 82 Stat. 117) c ; 1965 c ; 1967 c.67 24; 1969 c.284 1; 1971 c , 1973 c.707 1; 1975 c.459 1; a; 1981 c.91 1; 1987 x404 2, 1989 c Note: The amendments to by section 2, chapter 474, Oregon Laws 1987, and section 13, chapter 834, Oregon Laws 1989, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 767, Oregon Laws The text is set forth for the user' s convenience.

11 STATE ADNIMSTRATION Subject to ORS and : 1) In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS to , the State Board of Education shall: a) Establish state standards for public kindergartens and public elementary and secondary schools, considering first the goals of modern education and the requirements of a sound comprehensive curriculum with particular emphasis on establishment of the highest practical scholarship standards and, in secondary schools, establishment of programs and academic standards necessary to enable students to attend community colleges, institutions of higher education' and vocational and technical programs and to enter employment both within and without the State of Oregon, and considering also the health, safety, and scholastic needs of the students, the population, climate, economy and geography of the school districts and any other factors necessary to the maintenance of a modern and efficient school system. b) Adopt rules for the general governance of public kindergartens and public elementary and secondary schools and public community colleges. c) Prescribe required or minimum courses of study. d) Adopt rules regarding school and interscholastic activities in accordance with standards established pursuant to ORS ( 1). e) Adopt rules that provide that no public elementary or secondary school shall discriminate as to sex, race, marital status, Teligion or national origin in determining participation in interscholastic activities. Discrimination is as defined in ORS ) The State Board of Education may: a) Consistent with the laws of this state, accept money or property not otherwise provided for under paragraph ( b) of this subsection, which is donated for the use or benefit of the public kindergartens and public elementary and secondary schools and public community colleges and use such money or property for the purpose for which it was donated. Until it is used, the board shall deposit any money received under this paragraph in a special fund with the State Treasurer as provided in ORS to b) Apply for federal funds and accept and enter into any contracts or agreements in behalf of the state for the receipt of such funds from the Federal Government or its agencies for educational purposes, including but not limited to any funds available for the school lunch program, for career education purposes, for vocational educational purposes, for adult education, for manpower programs and any grants available to the state or its political subdivisions for general federal aid for public kindergartens and public elementary and secondary schools and public community colleges and their auxiliary services, improvement of teacher prepa- ration, teacher salaries, construction of school buildings, administration of the Department of Education and any other educational activities under the jurisdiction of the State Board of Education. c) Administer the state program provided for in Public Law ( 82 Stat. 117). 3) The State Board of Education shall provide a separate, identifiable place on its agenda six times a year for community college issues. The state board may also consider matters affecting community colleges at any regular or special meeting. Note: Section 3, chapter 474, Oregon Laws 1987, is repealed on June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws The text, as amended by section 2, chapter 757, Oregon Laws 1991, is set forth for the user' s convenience. Sec. S. ( 1) The State Board of Education shall appoint a Commissioner for Community College Services who shall serve at the pleasure of the board. 2) The commissioner shall be a person who by training and experience is well qualified to perform the duties of the office and to assist in carrying out the functions of the board under chapter 474, Oregon Laws ) Notwithstanding ORS ( 1) and ( 2), the commissioner shall: a) Be the executive head of the Office of Community College Services; b) Direct and supervise all activities of the Office of Community College Services; c) Hire staff, as authorized by the State Board of Education to assist in carrying out the duties of the commissioner. The staff shall be considered employees of the Office of Community College Services for purposes of ORS chapters 240 and 243; and d) Be responsible directly to the State Board of Education for those duties enumerated in ORS to 34L950. 4) The commissioner, with approval of the State Board of Education, shall be responsible for the representation of community college interests to the Governor, the Legislative Assembly, state agen «es and others. The commissioner, with the approval of the state board, shall be responsible for submitting community college budget requests and budget reports for the Office of Community College Services to the Legislative Assembly. The state board shall insure that the budget request for community colleges and for the Office of Community College Services are separate and distinct from its other requests to the Legislative Assembly x474 3; [ 1953 c.78 1( 1); repealed by 1965 c [ 1953 c.78 1( 2); repealed by 1965 c Administration of interscholastic activities; voluntary organizations; standards; appeal. ( 1) The State Board of Education shall adopt standards applicable to voluntary organizations that administer interscholastic activities. 2) Voluntary organizations that desire to administer interscholastic activities shall apply to the state board for approval. The state board shall review the rules and bylaws of the voluntary organization to determine that they do not conflict with state law or rules of the state board. If an organization meets the standards established under subsection 1) of this section and its rules and bylaws do not conflict with state law or rules of the state board, the state board shall approve the 30-7 organization. An approved voluntary organ- ization is qualified to administer interscholastic activities. 3) The state board may suspend or re- voke its approval if an approved organization is found to have violated state law or rules of the state board. If an organization is not approved or its approval is suspended or revoked, it may appeal the denial, sus nsion or revocation as a contested case under ORS to ) A voluntary organization' s decisions concerning interscholastic activities may be

12 EDUCATION AND CULTURAL FACILITIES appealed to the state board, which may hear the matter or by rule may delegate authority to a hearings officer to hear the matter and enter a final order pursuant to ORS ). Such decisions may be appealed to the Court of Appeals. [ 1987 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 326 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation [ Repealed by 1965 c ( enacted in lieu of )] Questions and disputes submitted to board by superintendent. The Superintendent of Public Instruction may submit any question referred under ORS ( 3) to the State Board of Education which shall then decide the question pursuant to the provisions of ORS to [ 1965 c.loo ,083 [ Repealed by 1965 c [ Amended by 1961 c ; repealed by 1965 c ] [ Amended by 1959 c.422 l; repealed by 1965 x ] [ Formerly ; repealed by 1977 c.306 1] Cooperation with the Oregon Office of Educational Policy and Planning; compliance with office decisions. The State Board of Education shall cooperate with the Oregon Office of Educational Policy and Planning in the development of a state comprehensive education plan including elementary, secondary and community college education and in review of the board's programs and budget as provided in ORS to The board shall submit in timely fashion to the office such data as is appropriate in a form prescribed by the office. The board shall comply with the decisions of the office regarding proposed new post - secondary programs and proposed new post - secondary locations determined by the office to have a significantly adverse impact on one or more segments of education other than elementary, secondary and community college education. [ 1976 x [ Repealed by 1965 c [ 1971 c.656 2; repealed by 1985 c M [Amended by 1959 c.422 2; 1963 x483 8; repealed by 1965 c U95 [ Formerly ; repealed by 1965 c ] [ Repealed by 1961 c and 1966 x [ 1953 c.266 l; renumbered [ 1953 c.266 2; renumbered [ 1953 c.266 0; renumbered [ Repealed by 1965 c DEPARTMENT OF EDUCATION Department of Education; composition; functions. (1) The Department of Education shall function under the direction and control of the State Board of Education with the Superintendent of Public Instruction serving as an administrative officer for public school matters and the Commissioner for Community College Services serving as, an administrative officer for community college matters. 2) The Department of Education shall consist of- a) The State Board of Education; b) The State Textbook Commission; c) The Office of Community College Services; d) Such other agencies and officers as are added by law to the Department of Edu- cation; and e) The administrative organizations and staffs required for the performance of the department's functions. 3) All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to super- vision, management and control of schools and community colleges not conferred by law on some other agency. [ 1965 c ; 1967 x552 22; 1989 x491 2] Note: The amendments to by section 1, chapter 757, Oregon Laws 1991, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws The text, including amendments by section 2, chapter 886, Oregon Laws 1991, is set forth for the user's con- venience ( 1) The Department of Education shall function under the direction and control of the State Board of Education with the Superintendent of Public Instruction serving as an administrative officer for public school matters and the Commissioner for Community College Services serving as an administrative officer for community college matters. 2) The Department of Education shall consist of: a) The State Board of Education; b) The Office of Community College Services which shall have authority to negotiate with the Federal Government on federal funds for community colleges, to possess an agency accounting number separate from that for other department activities, to reimburse the department for such central services as the office desires to use and to pay such personnel assessments, rent and utility costs and other costs as may be attributable to the office and separable from expenses and costs for other activities of the Department of Education; c) Such other agencies and officers as are added by law to the Department of Education; and d) The administrative organizations and staffs required for the performance of the departmenvs functions. 30-8

13 STATE ADM UNISTRATION 3) All administrative functions of the state Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and control of schools and community colleges not conferred by law on some other agency. Note: The amendments to by section 2, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience ( 1) The Department of Education shall function under the direction and control of the State Board of Education with the Superintendent of Public Instruction serving as an admmietrative officer for public school matters and the Commissioner for Community College Services serving as an administrative officer for community college matters. 2) The Department of Education shall consist of: a) The State Board of Education; b) The Office of Community College Services; c) such other agencies and officers as are added by law to the Department of Education; and d) The administrative organizations and staffs required for the performance of the department's func- tions. 3) All administrative functions of the state Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, maaagement and control of schools and community colleges not conferred by law on some other agency [ Amended by 1965 c.100 9; renumbered [ Repealed by 1965 c ( Amended byy 1959 c.121 l; 1961 c.624 4; repealed by 1965 c [ Repealed by 1961 c and 1965 c SUPERIN'T'ENDENT OF PUBLIC INSTRUCTION Term of Su tendent of Public Instruction. The Superintendent of Public Instruction shall be elected for a term of four years. [ 1979 also Superintendent' s educational duties. Except as provided by chapter 474, Oregon Laws 1987, the Superintendent of Public Instruction shall exercise, under the direction of the State Board of Education, a general superintendence of school officers and the public schools. In carrying out the duties of office, the Superintendent of Public Instruction shall: 1) Act as administrative officer of the State Board of Education. 2) Act as executive head of the Department of Education and direct and supervise all activities of the department. 3) Assist all district school boards, education service district boards and county school boards in answering questions concerning the proper administration of the school laws, the rules of the State Board of Education and the ministerial duties of school officers and teachers. The decision of the superintendent or, if the superintendent submits the question to the state board under ORS , the decision of the state board shall guide school officers and teachers in the performance of their duties relating to the matters decided. 4) Obtain and compile such statistical information relative to the condition and operation of the public schools as the superintendent or the state board may consider advisable for the advancement of education and for the information of the state board. 5) Appoint, subject to the State Personnel Relations Law and with the approval of the State Board of Education, such personnel as may be necessary for the performance of the duties of the office of the superintendent. The Superintendent of Public Instruction may designate one or more suitable persons to sign or countersign warrants, vouchers, certificates or other papers and documents requiring the signature of the superintendent. 6) Administer and supervise adult education programs in the public elementary and secondary schools. 7) Perform such other functions as may be necessary to the performance of the duties of the superintendent. [ 1965 c ; 1989 c Publications; fees; accounting. The Superintendent of Public Instruction shall: 1) Prepare and distribute to the various school officers materials necessary for the administration of the school laws and cause to be printed materials necessary for the information of school officers and teachers. 2) Annotate and compile all school laws ordered published by the State Board of Ed- ucation. 3) Except as otherwise provided by law or by rules of the State Board of Education, establish and collect fees for supplies and ppublications compiled and furnished by the De artment of Education and distributed or S019 to other persons or groups. Such charges shall not exceed costs of production plus mailing and other distribution costs. 4) Deposit all moneys received under subsection ( 3) of this section in the State Treasury. Such moneys shall be credited to the Department of Education Education Cash Account and are continuously appropriated. The Department of Education shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual 30-9

14 EDUCATION AND CULTURAL FACILITIES activity against which each withdrawal is charged. [ 1965 x100 12; 1979 c Deputy Superintendents of Public Instruction; appointment;, powers. 1) The Superintendent of Public Instruction may appoint Deputy Superintendents of Public Instruction, for whose acts the superintendent shall be responsible. A deputy may perform any act or duty of the office of Super. ndent of Public Instruction designated by the superintendent. 2) Notice of the appointment of a deputy and the duties designated for the deputy shall be filed with the Secretary of State c ; 1991 c Disposition of conference fees by superintendent; disbursement of fees. 1) When the Superintendent of Public In- struction has possession or control of conference fees that are made available for training programs sponsored in whole or in Fby the Department of Education, the fees shall be deposited with the State Treas- urer in the Education Training Revolving Account which is established and which shall be separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. 2) Disbursements from the account to persons lawfully entitled thereto may be made by the Superintendent of Public Instruction or designee, by checks or orders drawn upon the State Treasurer. [ 1989 c Authority for department staff to serve on education related organizations; Educational Organizations Fund; disbursements. ( 1) The Superintendent of Public Instruction may authorize staff members of the Department of Education to serve as executive directors of educational related organizations and in so doing manage the funds of those organizations. 2) The Educational Organizations Fund is established. Moneys received under this section shall be deposited with the State Treasurer in the Educational Organizations Fund which shall be separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. 3) Disbursements from the account to persons lawfully entitled thereto may be made by the Superintendent of Public Instruction or designee, by checks or orders drawn upon the State Treasurer. [ 1989 c ESSENTIAL LEARNING SILLS PROGRAM Polioy statement. ( 1) Because schooling and public education are fundamental needs for preparing each ' generation for its future, as well as the future of Oregon and the nation, it is essential that all elementary and secondary students in Oregon have access to an educational program that provides the essential learning skills and knowledge which all adults commonly need for personal fulfillment, self sufficiency - and career success and which enable them to enter community colleges, institutions of higher education, vocational and technical programs or full-time employment upon completion of high school programs. 2) It is also essential that all Oregon citizens share equitably in making the required educational program accessible to all elementary and secondary students in Oregon. [ 1989 c Board of Education duties; program contents. To assist with developing the educational program and related funding system described in ORS , the State Board of Education shall: 1) Define by rule a basic education program to be available to all elementary and secondary students in the public schools in this state. The program shall include but is not limited to: a) Language arts, emphasizing reading, listening, speakinng, written or alternative communication skills and instruction in foreign language. b) Mathematics, emphasizing fimdamen- tal numerical concepts, computational skills, problem solving, spatial concepts, measurement and statistics. c) Science, emphasizing basic scientific knowledge, principles, concepts and proc- esses. d) Economics and social studies, emphasizing the history, geography, cultures and governments of Oregon, the United States and the world. e) Health and physical education. f) Music and visual arts programs, em- phasizing knowledge and appreciation of the arts and developing basic skills therein. g) Career and vocational education, emphasizing a body of knowledge and skills pertaining directly to preparation for employment, family roles and applied academics. h) Education programs mandated by state or federal law ) Recommend those services required to support the basic education program described in subsection ( 1) of this section. 3) Develop state -wide accounting procedures to permit identification of the actual costs in each school district for providing the basic education program and each required support service. [ 1989 c

15 STATE ADMIRSTRATION [Formerly ; 1973 c ; renumbered INTELLECTUAL PROPERTY Acquisition of intellectual property by board. The State Board of Education may acquire intellectual property of an kind, whether patentable or copyri ht- able or not, including patents, copyreghts, inventions, discoveries, processes and ideas. Such property may be acquired: 1) By gift. 2) By outright purchase with money in the Board of Education Invention Fund or otherwise made available for such purpose. 3) By assignment pursuant to a contract whereby the board undertakes to aid in the development of the assigned property and to pay the assignor a share of any money received on account of its ownership or man- agement thereof. ( Formerly ] Management, development and disposition of intellectual property. ( 1) The State Board of Education may manage, develop or dispose of property acquired under ORS in any manner deemed by the board to be in the public interest. The board may contract with any person regarding such management, development or disposition. 2) The board may determine the terms and conditions of any transaction authorized by ORS to and need not re- quire competitive bids in connection therewith. No formal publicity or advertisingg is required regarding property for the development of which the board wishes to contract, but the board shall make reasonable efforts to disseminate pertinent information in appropriate research and industrial circles. 3) If the board deems it inadvisable to proceed with the development or management of property acquired under ORS , it may reassign such property to the person from whom it was acquired upon being compensated for any expenditure made on account of such property. ( Formerly Revenue from intellectual property; Board of Education Invention Fund; purpose. ( 1) Money received by the State Board of Education as a result of own- ership or management of property acquired under ORS or of transactions regard- ing such property shall be deposited in the State Treasury and credited to a special fund separate and distinct from the General Fund and designated " Board of Education Invention Fund." 2) The moneys in the Board of Education Invention Fund hereby are appropriated to the board for the following purposes: a) To pay the agreed share of an assignor of intellectual property. b) For the advancement of research in an institution under its control. c) For the acquisition, management or development of intellectual property. Formerly EQUIVALENCY CERTIFICATES Equivalency certificates; how fee determined; accounting. ( 1) The Commissioner for Community College Services may issue appropriate certificates evidencing equivalency to persons who demonstrate, by satisfactory performance in tests prescribed under subsection ( 2) of this section or by meeting the requirements of any prescribed evaluative procedure, educational achieve- ment equivalent to that ordinarily attained upon completion of the eighth grade or of the twelfth grade and payment of the prescribed fee, if any. 2) The State Board of Education by rule may prescribe tests and other appropriate evaluation procedures for the urposes of subsection ( 1) of this section and may establish age, residence and other relevant qualifications for applicants. 3) The Office of Community College Services may utilize its personnel and facilities for the administration of this section, and the State Board of Education may establish by rule a nonrefundable application fee. The fee may be waived by the State Board of Education in case of hardship. 4) Subject to prior approval of the Executive Department and a report to the Emergency Board prior to adopting the fee, the fee established under subsection ( 3) of this sec- tion shall not exceed the cost of administer- ing the program, as authorized by the Le si tive Assembly within the board' s budget, as the budget may be modified by the Emergency Board. 5) All moneys received under this section shall be deposited in the State Treasury to the credit of the Office of Community College Services and shall be used exclusively for administration of this section. The Office of Community College Services shall keep a record of all moneys deposited in such account. The record shall indicate by separate ' cumulative accounts the source from which the moneys are derived and the indi vidual activity against which each withdrawal is charged. 6) The Commissioner for Community College Services shall consult with the Superintendent of Public Instruction on all matters related to evaluation procedures used to measure equivalent achievement under this section. The superintendent is au-

16 EDUCATION AND CULTURAL FACILITIES thorized to make independent recommendations on evaluation procedures to the State Board of Education in those cases where the superintendent's judgment differs from that of the commissioner. Amended by 1967 c.571 l; 1979 c.386 1; 1979 c.570 2; 1983 c.159 1; 1989 c.491 4; 1991 c FEDERAL FUNDS State department as applicant for certain federal fund. The Department of Education shall be the state' s applicant agency for chapter 1 of the federal Education Consolidation and Improvement Act of 1981 programs for neglected or delinquent students. [ 1985 c4" 11 PARENT -AS- TEACHER PROGRAM AND PREEINDERGARTEN PROGRAM DeSnitions for ORS to As used in ORS to : 1) " Advisory committee" mean the advisory committee established specifically for the two programs established by ORS to ) " Approved parent -as- teacher programs" mean those programs which are recognized by the Department of Education as meeting the minimum program rules adopted by the State Board of Education and provide information and support to parents in order to enhance their ability to foster their children' s cognitive, social and physical development. 3) " Oregon prekindergartens" means those programs which are recognized by the department as meetin the minimum program Fes to be adopted by the State Board of Education and provide comprehensive health, education and social services in order to maximize the potential of children three and four years of age. 4) " Oregon prekindergarten program" means the state -wide administrative activities carried on within the Department of Education to allocate, award and monitor state funds appropriated to create or assist local Oregon prekindergartens. 5) For purposes of ORS , " eligible child" means an at -risk child who is not a participant in a federal, state or local program providing like comprehensive services and may include children who are eligible under rules adopted by the State Board of Education. As used in this subsection, " atrisk child" means a child at least three years of age and not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal Head Start program. family- child. As used in this subsection, " at -risk child" means a child between zero and eight years of age who is assessed by multiple criteria adopted by rule of the State Board of Education as likely to experience difficulty succeeding in school. 7) " Department" means the Department of Education. [ 1987 x684 1; 1989 c Department to administer preltindergarten program; grants; eligibb ty, coordination with other programs. 1) The Department of Education shall administer the Oregon prekindergarten pro- gram to assist eligible children with comprehensive services including educa- tional, social, health and nutritional develop- ment to enhance their chances for success in school and life. Eligible children, upon request of parent or guardian, shall be admitted to approved Oregon prekindergarten to the extent that the Legislative Assembly provides funds. 2) Nonsectarian organization including school districts and Head Start grantees are eligible to compete for funds to establish an Oregon prekindergarten. Grant recipients shall serve children eligible according to federal Head Start guidelines and other chil- dren who meet criteria of eligibility by rule by the State dopted Board of Education. However, not more than 20 percent of the total enrollment shall consist of children who do not meet Head Start guidelines. School districts may contract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the program. Funds appropriated for the program shall be used to establish and maintain new or expanded Oregon prekindergartens and shall not be used to supplant federally supported Head Start programs. Oregon prekindergartens also may accept gifts, grants and other funds for the purposes of this section. 3) Applicants shall identify how they will serve the target population and provide all components as specified in the federal Head Start performance standards and guidelines, including staff qualifications and training, facilities and equipment, transportation and fiscal management. 4) Oregon prekindergartens shall coordinate with each other and with federal Head Start programs to insure efficient delivery of services and prevent overlap. They shall also work with local organizations such as local education associations serving young children and make the maximum use of local resources. [ 1987 c.684 2; 1989 c Program function; funding. ( 1) For purposes of ORS , " eligible The Department of Education shall adminismeans any family with an at -risk ter the state- supported parent -as- teacher pro

17 STATE ADNIINISTRATION gram to help families more effectively foster their children' s cognitive, social and physical development. 2) Eligible families shall be admitted to the program to the extent that the Legislative Assembly provides funds. Families may be charged for services based on their ability to pay. 3) Approved parent -as- teacher programs shall receive state- funded support through the department. School districts may subcontract with other governmental or nongovernmental nonsectarian organizations to conduct a portion of the state program. Persons applying to conduct the parent -as- teacher program shall identify targeted Mto be served, outreach methods to be used, program components and the qualifications of instructional and special staff. [ 1987 c.684 3; 1989 c Advisory committee. The Department of Education and the Office of Community College Services shall establish an advisory committee composed of interested parents and representatives from the Children' s Services Division, health care profession, early childhood education and de- velopment staff preparation programs, Oregon Head Start Association, school districts, community colleges, Early Inter- vention Council, child care and other organizations as considered necessary by the department and the Office of Community College Services to assist with the establishment of the approved Oregon prekindergarten and parent -as- teacher pro- grams. [ 1987 c.684 4; 1989 c Rules. ( 1) The State Board of Education shall adopt rules for the establishment of the Oregon prekindergarten and parent -as- teacher programs. Rules specifically shall require the Oregon prekindergarten programs to provide for parental involvement and performance standards at a level no less than that provided under the federal Head Start program guidelines. Federal Head Start program guidelines shall be considered as guidelines for the Oregon prekindergarten program. 2) In developing rules for the Oregon prekindergarten and parent -as- teacher programs, the board shall consult with the ad- visory committee and shall consider such factors as coordination with existing programs, the preparation necessary for instructors, qualifications of instructors, training of staff, adequate space and equipment and special transportation needs. 3) The Department of Education and the Office of Community College Services shall review applications for both the Oregon prekindergarten and parent -as- teacher pro- grams received and designate those programs eligible to commence operation by July 1 of each year. When approving grant applications, to the extent practicable, the State Board of Education shall distribute funds regionally based on percentages of unmet needs. [ 1987 x684 5; 1989 c Report on program by Superintendent of Public Instruction; depart- ment to assess program effectiveness. ( 1) The Superintendent of Public Instruction shall report to the Legislative Assembly on the merits of continuing and expanding the Oregon prekindergarten and parent -asteacher programs or instituting other means of providing early childhood development as- sistance. 2) The superintendent' s report shall include specific recommendations on at least the following issues: a) The relationships of state - funded prekindergarten and parent -as- teacher programs with the common school system; b) The types of children and their needs that both programs should serve; c) The appropriate level of state support for implementing programs for all eligible children, including related projects to prepare instructors and provide facilities, equipment and transportation; d) The state administrative structure necessary to implement both programs; and e) Licensing or indorsement of early childhood teachers. 3) The department, in consultation with the Office of Community College Services, shall examine, monitor and assess the effectiveness of Oregon prekindergarten and parent -as- teacher programs. The superinten- dent shall make biennial reports to the Legislative Assembly on the effectiveness of the programs. [ 1987 c.684 6; 1989 x OREGON EDUCATIONAL ACT FOR TEE 21st CENTURY Generally) Department of Education as coordinating agency; legislative review. 1) ORS to , , , , to , , , , , , , , , and shall be known as the Oregon Educational Act for the 21st Century. 2) The Department of Education shall be the coordinating agency for furthering implementation of ORS to , , , , to , , , , , , , , , and

18 EDUCATION AND CULTURAL FACILITIES ORS to , , , , to , , , , , , , , , and shall be subject to review by the Sixty - seventh Legislative Assembly and each Legislative Assembly thereafter until the year 2001 for purposes of evaluating progress toward achieving the various mandates of ORS to , , , , to , , , , , , , , , and and also effecting any necessary changes c provides: Note: section la, chapter 693, Oregon Laws 1991, Sec. la. (1) During the interim, the appropriate legislative interim committee shall: a) Develop the form and content expected of the ongoing review described in section 1 of this Act ]: and b) Notify the appropriate agencies of expectations; c) Receive and evaluate regular reports from the Department of Education and other public agencies. 2) This review outline may be changed as needed in succeeding years. [ 1991 c.693 la] Legislative findings and goals. The Legislative Assembly believes that edu- cation is a major civilizing influence on the development of a humane, res onsible and informed citizenry, able to adjust to and grow in a rapidly changing world. Students must be encouraged to learn of their heritage and their place in the global society. The Legislative Assembly concludes that these goals are not inconsistent with the goals to be implemented under ORS to , , , , to , , , , , , , , , and [ 1991 c.693 1b] Legislative intent. It is the intent of the Legislative Assembly to maintain a system of public elementary and secondary schools that has the following characteristics: 1) Provides equal and open access and educational opportunities for all students in the state regardless of their linguistic back- ground, culture, race, gender, capability or geographic location; 2) Assumes that all students can learn and establishes high, specific skill" and knowledge expectations appropriate to the students' assessed learning rates at all instructional levels; 3) Provides special education, compensatory education, linguistically and culturally appropriate education and other specialized programs to all students who need those services; 4) Provides students with a solid foun- dation in the skills of reading,. writing, - problem solving, listening, speaking, critical thinking and communication, across the disciplines; 5) Provides opportunities for students- to exhibit the capacity to learn, think, reason, retrieve information and work effectively alone and in groups; 6) Provides for a high degree of mastery in mathematics and science; 7) Provides students with a background in social studies, foreign languages and the humanities to the end that they will function successfully and tolerantly in a participatory democracy and a multicultural nation and world; 8) Provides students with a background in the visual, performing and literary arts as unique forms of communication, expression and cultural knowledge; 9) Provides students with the knowledge and skills that will provide the opportunities to succeed in the world of work, as members of families and as citizens of a participatory democracy; 10) Provides students with the knowledge and skills to take responsibility for their decisions and to make appropriate choices; 11) Provides opportunities for students to learn through a variety of teaching strat- egies that focus on an individual student' s learning profile including but not limited to assessed strengths, weaknesses, learning style and interests, with appropriate inter- vention services; 12) Organizes instructional groupings as heterogeneously as possible to promote the attitudes and skills necessary for democratic citizenship; and 13) Emphasizes involvement of parents and the community in the total education of students. [ 1991 c General policy. The Legislative Assembly declares that: 1) The State of Oregon believes that all students can learn when offered appropriate learning opportunities, held to rigorous in tellectual standards and expected to succeed. 2) Access to a quality education must be provided for all of Oregon's youth regardless of linguistic background, culture, race, gender, capability or geographic location. 3) A restructured educational system is necessary to achieve the state' s goals of the best educated citizens in the nation by the year 2000 and a work force equal to any in the world by the year 2010.

19 STATE ADAHNISTRATION ) Education programs and strategies that can substantiate a claim to the prevention of human and social costs are of highest priority to the state. 5) The specific objectives of this Act and ORS and are: a) To achieve educational standards of performance and outcomes that match the highest of any in the world for all students; b) To establish the Certificates of Initial Mastery and Advanced Mastery as new high performance standards for all students; c) To establish alternative learning en- vironments and services which offer oppor- tunities for those experiencing difficulties in achieving the knowledge and skills necessary to obtain the Certificate of Initial Mastery; d) To establish early childhood programs and academic professional technical pro- grams as part of a comprehensive educational system; and e) To establish partnerships among business, labor and the educational community in the development of standards for academic professional technical indorsements and ptovide on-the-job training and apprenticeships necessary to achieve those standards. [ 1991 c.693 2] Revision of common curriculum goals. In order to achieve the goals contained in ORS , and , the State Board of Education regu- larly and periodically shall review and revise its common curriculum goals, including essential learning skills. The common curric- ulum goals shall reflect the knowledge and skill outcomes necessary for achieving a Certificate of Initial Mastery and a Certificate of Advanced Mastery pursuant to ORS The review shall involve teachers and other educators, parents of students and other citizens and shall provide ample oppor- tunity for public comment. [ 1991 x Plans for school restructuring; purposes. The Department of Education shall study and develop plans to insure that the school restructuring efforts framed in ORS to , , , , to , , , , , , , , , and address the unique learning and developmental needs of the middle educational levels between the early childhood education and Certificate of Initial Mastery levels detailed in ORS to , , , , to , , , , , , , , , and This shall be done in consultation with teachers, parents and administrators from schools serving middle level students. The Department of Education shall report to the Sixty- seventh Legislative Assembly as to agency plans and legislative considerations needed on the matter. [ 1991 c g] Extended school year; legislative review. ( 1) In pursuit of excellence, it is the policy of the State of Oregon to encourage and evaluate the development of extended school year programs to meet the objectives of ORS to , , , , to , , , , , , , , , and The Department of Education shall research the feasibility, including the potential fiscal impact to school districts, of extended school year models being used in the United States and other countries to facilitate the imple- mentation of such programs. 2) To achieve the goals as set forth in ORS , and , the State Board of Education shall lengthen the school year by hours equivalent to 185 days by the 1996 school year, to 200 days by the 2000 school year and to 220 days by the 2010 school year with adequate days available for staff development, home visits, parent or student conferences, or both, and other activities to insure the educational development of students, subject to review by the Legislative Assembly and subject to implementation of ORS to , , , , to , , , , , , , , and [ Funding support required. Nothing in ORS to , , , , to , , , , , , , , , and is intended to be mandated without adequate funding support. Therefore, those features of ORS to , , , , to , , , , , , , , , and which require significant additional funds shall not be im- plemented statewide until funding is avail able. [ 1991 c Rules for statewide implementation of Oregon Educational Act for the 21st Century. ( 1) The State Board of Education shall adopt rules, as necessary for the statewide implementation of ORS to , , , , to , , , , , , , , , and The rules shall be prepared in con- sultation with appropriate representatives from the educational and business and labor communities.

20 EDUCATION AND CULTURAL FACILI'T`IES 2) Beginning in the biennium, the Department of Education shall be responsible for coordinating research, planning and public discussion so that activities necessary to the implementation of ORS to , , , , to , , , , , , , , , and can be achieved. Actions by the department to fulfill this responsibility may include, but are not limited to: a) Updating common curriculum goals to meet international standards; b) Developing performance -based assess- ment mechanisms; c) Establishing criteria for Certificates of Initial Mastery and Advanced Mastery, and for benchmarks at grades 3, 5, 8 and 10; d) Researching and developing models for nongraded primaries; e) Establishing criteria for early childhood improvement programs;' f) Amending the application process for school improvement grants; g) Researching and developing educa- tional choice plans; h) Working with the Oregon Workforce Quality Council and the Office of Community College Services to develop no fewer than six broad occupational choices for Certificates of Advanced Mastery; i) Establishing criteria for the selection of Distinguished Oregon Educators; Q) Establishing criteria for learning environments that may include alternative learning centers; and k) Working with the Wage and Hour Commission in consultation with the Workforce Qualit Council and the State Board of Higher iducation to propose rules for continuation of the education of minors seeking employment during the regular school year. [ 1991 c Assessing Effectiveness) On -site visits by state board or designees. ( 1) To facilitate the attainment and successful implementation of educational standards under ORS ( 1)( a), and , the State Board of Education or its designee shall assess the effectiveness of each public school district in an on -site visit no less than once every six years. Beginning in 1996, the on -site visits shall occur no less than once every three years. 2) The board shall establish the standards, including standards of accessibility to educational opportunities, upon which the assessment is based. 3) On a periodic basis, the board shall review existing standards and, after public hearings and consultation with local school officials, shall adopt by rule a revised set of standards. [ 1991 c School district self - evaluations; local improvement plans; department' s technical assistance. ( 1) The board shall require school districts and schools to conduct self evaluations - on a biennial basis. The self evaluation - process shall involve the public in the setting of local goals. The school districts shall insure that representatives from the demographic groups of their school population are involved in the development of local improvement plans to achieve the goals: 2) At the request of the school district, Department of Education staff shall provide ongoing technical assistance in the development and implementation of the local im- provement plan. Staff members may be accompanied on their visits by Distinguished Oregon Educators. 3) Local goals and improvement plans shall be made available to the public. 4) The self evaluations - shall serve as a core component in the successful implementation of standards and shall include a review of demographics, student performance, student access to and utilization of educational opportunities and staff characteristics. However,- failure to complete the self - evaluation process shall not constitute grounds for withholding of state moneys x693 8] Comprehensive statewide school district and school information system; profiles; public access. ( 1) To assist school districts and schools in perform- ing the duties described in ORS and , the State Board of Education shall establish a comprehensive statewide school district and school information system to monitor outcomes, procedures and resources of public education. This system shall provide a measure of the achievement of students in the knowledge and skill areas specified in the common curriculum goals adopted by the board. 2) The Superintendent of Public Instruction shall collect data and produce annual school district and school pprofiles containing information on demographics, student performance in schools, student access to edu- cational opportunities and staff characteristics described in ORS to , , , , to , , , , , , , , , and In addition, school district profiles shall include a concise budget report of the 30-16

21 STATE ADNIMSTRATION school district, including revenue and expenditures of the district. 3) The Superintendent of Public Instruction shall notify the public and the media by September 30 of each year as to the availability of school district and school profiles at school district and department offices. The superintendent shall also include notice that copies of school district and school self - evaluations can be obtained from the school districts. [ 1991 c Oregon rt Card, purpose; comparative data ( 1 By September 30, 1992, and by each September 30 thereafter, the Superintendent of Public Instruction shall issue an Oregon Report Card on the state of the public schools and progress to- ward achieving the goals contained in ORS and ) The purpose of the annual report on the state of the public schools is to monitor trends among school districts and Oregon' s progress toward achieving the goals stated in ORS to , , , , to , , , , , , , , , and The report on the state of the public schools shall be designed to: a) Allow educators to determine the success of their own school programs; b) Allow educators to sustain support for reforms demonstrated to be successful; c) Recognize schools for their progress and achievements; and d) Facilitate the use of educational resources and innovations in the most effective manner. 3) The report shall contain, but need not be limited to: a) Demographic information on public school children in this state. b) Information pertaining to student achievement, including statewide assessment data, graduation rates and dropout rates, m- cluding progress toward achieving the education benchmarks established by the Oregon Progress Board, with arrangements by mi- nority groupings where applicable. c) Information pertaining to student ac- cess to and utilization of educational and support services, including regular education programs, special education, compensatory education, bilingual and English as a second language programs, advanced course work, professional technical training, counseling services, library and media services and transportation and food services. d) Information pertaining to the characteristics of the school and school staff, in- cluding assignment of teachers, experience of and the proportion of minorities and women represented on the teaching and administrative staff. e) Budget information, including source and disposition of school district operating funds and salary data. f) Available information gathered on a sampling basis, in cooperation with the Occupational Program Planning System of the Employment Division, to monitor high school students in areas such as further education and training and labor market participation. g) Examples of exemplary programs, promising practices or other innovations in education developing in this state. h) Such other information as the superintendent obtains under ORS ) In the second and subsequent years that the report is issued, the report shall include a comparison between the current and previous data and an analysis of trends in public education. [ 1991 c Parental Participation) Policy on parental participation. The Legislative Assembly recognizes that students in public elementary and secondary schools can only reach the levels of performance expected under the provisions of ORS to , , , , to , , , , , , , , and with parer@ participation in the education process. It is, therefore, the policy of this state to: 1) Require school districts to provide opportunities for parents or guardians to be involved in establishing and implementing educational goals and to participate in decision- making at the school site; 2) Expect employers to recognize the need for parents or guardians and members of the community to participate in the education process not only for their own children but for the educational system; and 3) Encourage employers to extend appropriate leave to parents or guardians to allow greater participation in that process during school hours. [ 1991 c Services to Children and Families) Definition for ORS and As used in ORS and : 1) " Families" means a group of individuals related by blood, marriage or adoption, or individuals whose functional relationships are similar to those found in such associ- ations. The family's purpose is the security, support, nurturance, love, transmission of 30-17

22 M&790 EDUCATION AND CULTURAL FACILITIES values and facilitation of each member' s growth and development, and is the primary social unit affecting a child' s well- being. 2) " Services" means education and all other programs and services addressing one or more of, a child' s six basic needs as follows: stimulus, nutrition, health, safety, nurturance and shelter. 3) " Young children" means children zero through eight years of age. [ 1991 c.693 4c] Policy on serving children and families. To insure that all educational and other services for young children and their families afford the maximum opportunity possible for the personal success of the child and family members, it is the policy of this state that the following principles for serving children should be observed to the maximum extent possible in all of its educational and other programs serving young children and their families: 1) Services for young children and their families should be located as close to the child and the family' s community as possible, encouraging community support and ownership of such services; 2) Services for young children and their families should reflect the importance of integration and diversity to the maximum ex- tent possible in regard to characteristics such as race, economics, sex, creed, capabil- ity and cultural differences; 3) Services should be designed to support and strengthen the family and be planned in consideration of existing family values, with the primary concern being the welfare of the child; 4) Services should be designed to assure continuity of care among care givers in a given day and among service plans from year to year; 5) Service systems should be comprehensive in nature with the flexibility to identify and address the most urgent needs in a timely manner including health, inter- vention and support services; and 6) Service providers and sources of support should be coordinated and collaborative, to reflect the knowledge that no single sys- tem can serve all of the needs of the child and family. [ 1991 c.693 4a] Process for coordination of services to children and families. (1) Edu- cation and other programs providing services to children and families, as identified in ORS ( 4), shall: a) Evaluate the effectiveness of the program as related to the principles stated in ORS and in the earliest stages of the budget process; b) Articulate ways in which the program is an effective component of agency and state priorities, goals and strategies, such as those developed by the Oregon Progress Board, or to relevant research and professional stand- ards; c) Establish plans, interagency partnerships, implementation practices and inter- actions with local and private sectors required by ORS ( 3); d) Utilize the information generated by applicable state advisory groups and by the local planning process administered by the Oregon Community Children and Youth Ser- vices Commission in the program assessment of needs and decisions as to service delivery in a given community; and e) Identify barriers to improving program capability to serve the needs of young children and related recommendations, if any. 2) The processes listed in subsection ( 1) of this section are for the purpose of gener- ating interagency coordination described in ORT so as to serve to the greatest extent possible young children and their families in a comprehensive and developmentally appropriate fashion. The information generated by these processes shall be considered as a contribution to subsequent budget decisions by state and local agencies, the Executive Department and Le alative Assembly, and as a contribution to the planning and coordination tasks of the Oregon Coordinating Council for Children and Families. [ 1991 c.693 4b] Early Childhood Education) Policy on early childhood education. It is the policy of this state to im- plement, at the earliest possible time, programs for early childhood education in- cluding prenatal care, parenting education, child- parent centers and extended Oregon prekindergarten programs. By 1996, funding shall be available for 50 percent of children eligible for Oregon prekindergarten pro- grams, and, by 1998, full funding shall be available for all eligible children. The Oregon prekindergarten program shall continue to be operated in coordination with the federal Head Start program in order to avoid duplication of services and so as to insure maximum use of resources. [ 1991 c Development of long range plan for serving children and families. ( 1) In consultation with the advisory committee for the Oregon prekindergarten program, the Department of Education and the Office of Community College Services shall develop a long -range plan for serving eligible children and their families and shall report to each 30-18

23 STATE ADMINISTRATION regular session of the Legislative Assembly on the funds necessary to implement the long -range plan, including but not limited to regular programming costs, salary enhancements and program improvement grants. The department shall determine the rate of increase in funding necessary each biennium to provide service to all children eligible for the prekindergarten program by ) The Department of Education and the Office of Community College Services shall include in their budget requests to the Governor, beginning with the biennium, funds sufficient to implement each two -year phase of the long - range plan. 3) Each biennial report shall include but not be limited to estimates of the number of eligible children and families to be served, projected cost of programs and evaluation of the programs. [ 1991 c a] Eligibility for state funded preldndergarten programs. When the federal Head Start program provides funding for programs for eligible children at at least the per child level, as described in ORS ( 3), eligibility for state funded prekindergarten programs shall be expanded to include programs for children whose family income exceeds the federal Head Start limits or who are in an underserved or unserved age category. After determining the increase in income limits or age level that would make children most in need of state programs eligible for them, the State Board of Education may direct expenditure of any unexpended or unobligated funds appropriated for the biennium for eligible children to be expended for the additional children considered to be most in need. In the following biennium, the state board shall include the cost of any added program for the children most in need in its biennial budget. [ 1x91 c b] Employment- related Education and Training) Duties of Oregon Workforce Quality Council. ( 1) The Oregon Workforce Quality Council, established under section 3, chapter 667, Oregon Laws 1991, in consultation with the Department of Education, the Office of Community College Services, the Bureau of Labor and Industries, the Economic Development Department and the Department of Human Resources, shall propose policies and strategies consistent with ORS to , , , , to , , , , , , , , , and ) The Oregon Workforce Quality Coun- cil' s policies and strategies must take into account that: a) The state must promote innovative thinking with respect to the curriculum and educational delivery system of Oregon public schools; b) The state must require of all youth a level of achievement that prepares them to pursue college, professional technical programs, apprenticeships, work -based training and school -to -work programs; c) Greater employer investment is essential in the ongoing training of, all workers to meet work force needs; d) The state must encourage' Oregon businesses to improve productivity by creat- ing high performance - work' organizations that provide high skills and high wage op- portunities for youth and adults; and e) All employment- related training, edu- cation and fob placement services and sources of funds must be coordinated among state agencies and boards and must complement the state' s overall efforts on behalf of youth and adults. [ 1991 c.693' Development of comprehensive education and training programs for indorsements and degrees. ( 1) The' Department of Education, the Office of Community College Services and -the Oregon. State System of Higher Education- in consultation with the Oregon Workforce Quality Council shall develop comprehensive education and training programs for two -year to five -year academic professional technical indorsements and associate degrees. 2) In addition to the requirements of subsection ( 1) of this section, there may be established a process for industrial certification and a sequence of advanced certification that could be obtained- throughout a person' s career. 1 3) Work groups, including' teachers; community members and representatives of business and labor, may be appointed to offer specialized information concerning knowledge and skill requirements for, occupations. 4) Not later than January 1, 1994, no fewer than six broad occupational categories shall be identified, with additional categories added in future years. The education and training curriculum and achievement standards for each occupation and trade selected for students to achieve academic professional technical indorsements or associate degrees in the occupational categories selected shall be developed and available for school districts, community colleges and other training sites

24 82SAM EDUCATION AND CULTURAL FACILITIES 5) The curriculum developed for indorsements and associate degrees must include, but need not be limited to, opportu- nities for structured work experiences, cooperative work and study programs, on- the -job training and apprenticeship programs in addition to other subjects. 6) In considering where a student can most effectively and economically obtain the knowledge and skills required for the indorsement or the associate degree, the Oregon Workforce Quality Council may recommend integrating Programs, the Job Training Partnership Act program, apprenticeship programs and any other state or federal job training program. [ 1991 x [ Repealed by 1965 c. 100 $

25 Chapter EDITION State Financing of Elementary and Secondary Education DISTRIBUTION OF PUBLIC SCHOOL SYSTEM SUPPORT FUND Temppoorary provisions relating to distribution of public school system support fund compiled as notes following ORS ) STATE SCHOOL FUND 327AN Definitions for ORS to AN State School Fund; State School Fund grants Note Distribution to education service districts x A13 State School Fund distribution computations Grants for special and compensatory edu- cation programs Approved transportation costs When district required to provide trans- 327AM portation; waiver Computation of number of students in average daily membership Necessary small school determination; effect; appeal Kindergarten apportionment Time of payment of apportionments Apportionment where district changed Adjustment of distribution within fiscal year Adjustment of distribution between fiscal years Standard school presumed; correction of deficiencies Procedure if school district alleged to be involved in religious activity; complaint, investigation, finding; effect Correction of errors in apportionments Superintendent to administer ORS to ; board rules Reports by districts Audit statements filed with department; effect of failure to file or insufficiency of statement Increased allocation when union high school district becomes common school district Increased allocation when certain merger occurs Minimum apportionment to school districts affected or not affected by ORS and COMMON SCHOOL FUND 327A08 Definition for ORS 327A06 to A05 Common School Fund; composition and use 327A10 Apportionment of Distributable Income Account of Common School Fund to 327x416 counties Apportionment to school districts Basis of apportionment Loans and investment of funds; determination of interest rate 327A30 Security for loans Ascertainment of value and title of secu- 327A40 327A45 327A50 327A55 327A65 rity Loan repayment Custody of securities for loan; collection of interest Foreclosure of mortgages given to secure loans Record of purchases by Division of State Lands on foreclosures; resale or lease of land; disposition of proceeds Cancellation of unpaid taxes after deed to state in liquidation of loan 327A70 Cancellation of taxes on land acquired through foreclosure proceedings; right of redemption 327A75 When county court may acquire mortgaged lands deeded to state 327ASO 327A82 327AS4 327A86 327A90 327A95 Use of Common School Fund moneys to comply with decree canceling fraudulent deed Appropriation to reimburse fund for any loss Reimbursement for loss or failure to earn four percent interest EDUCATION CASH ACCOUNT Education Cash Account; composition; ac- counting Projects contracted to districts and institutions of higher learning Appropriation of funds received for certain purposes MISCELLANEOUS Commodity Programs) 327ZM Acceptance and distribution of donated commodities to schools School Lunch Revolving Account School brealdast program, waiver, district election based on federal funding Federal Aid to Education) State Treasurer as trustee of funds Review of accounts affecting federal funds Labor standards required on federally financed school construction Financing of State and Federal Requirements) Financing of programs mandated by state and federal programs 30-21

26 EDUCATION AND CULTURAL FACILITIES CROSS REFERENCES Forfeiture of state school funds upon employment of unqualified teachers, Publicly owned dock facilities, payments in lieu of taxes to school districts, Revenue excess transfer to State School Fund, 1991 c School census, determination, Student driver training, reimbursement, Tuition, fees, when charged, Purpose for which bonds may be issued subject to approval by Superintendent of Public Instruction, A05 Common School Fund,. Const. Art. VIII, 2, 4 Common School Grazing Lands, to Penalty, Proceeds paid into Common School Fund: Adjustment of pre public land sales, to Civil penalties for unlawful employment of minors, Escheat to the state, Fishing law violations, forfeited property, , , State forest products, sale, Submerged lands, leases, Treasure- trove, , , Unclaimed property, , Use of Common School Fund for student loans, to A15 Apportionment in county unit system counties, A45 Oregon State University Fund, University Fund,

27 STATE FINANCING DISTRIBUTION OF PUBLIC SCHOOL SYSTEM SUPPORT FUND Note: Sections 2 to 4, 6 to 9 and 12 to 14, chapter 162, Oregon Laws 1991, as amended by section 29, chapter 780, Oregon Laws 1991, provide: Sec. 2. ( 1) Of the amounts appropriated to the Public School System Support Fund for the fiscal year, the Department of Education shall distribute million under the distribution formula used to distribute the Basic School Support Fund for the fiscal year. 2) Notwithstanding subsection ( 1) of this section, no school district shall receive a distribution under this section less than the district' s distribution from the Basic School Support Fund for The distributions determined under subsection ( 1) of this section shall be reduced in equal proportion and the amounts redistributed to districts as necessary to achieve the purpose of this subsection. [ 1991 c Sec. S. ( 1) Of the amounts appropriated to the Public School System Support Fund for the fiscal year, $ million shall be distributed to common and union high school districts and education service districts. The distribution to each district shall be any positive amount equal to: a) The larger of A) One hundred six percent of the total taxes, before offsets required by law, certified by the district for less any amount determined in subsection ( 2) of this section; or B) The smaller of i) The total taxes certified by the district for pursuant to levy authority approved prior to June 1, 1991; or ii) One hundred twelve percent of the total taxes, before offsets required by law, certified by the district for ; b) Less any offsets to certified tax levies of the district required by law in ; c) Less any taxes lost due to truncation in calculating the rate of a levy; and d) Less any taxes imposed by the district within the limits of section llb, Article XI of the Oregon Constitution for ) If a district certifies a tax levy less than the lower of (a) the maximum amount it can certify within the limits of section 11 or Ila, Article XI of the Oregon Constitution, or (b) 106 percent of the total taxes, before offsets required by law, certified by the district in , the amount determined in subparagraph ( A) of paragraph ( a) of subsection ( 1) of this section shall be reduced by the difference between the levy certified and the lower of the amount under subparagraph ( A) or ( B) of paragraph ( a) of subsection ( 1) of this section. 3) If an education service district that operated under ORS to in discontinues its financial operating procedure and adopts a new procedure for , the calculation in this section shall be made by aggregating the amounts for the edu- cation service district and the school districts located within the boundaries of the education service district in each element of the calculation into one amount and calculating. one total distribution to the districts. The total distribution shall be made to the education service district and each school district pursuant to rules of the State Board of Education, after consultation with the education service district and the affected school districts. 4) If available moneys are insufficient to make the distribution required by subsection ( 1) of this section, the distribution to each eligible district shall be reduced in equal proportion so that all available funds are dis- tributed. If available moneys are more than sufficient to make the distribution required by subsection ( 1) of this section, any excess shall be distributed under section 4 of this Act. 6) The distribution to each district by this section shall be based on reports prepared by the Department of Revenue pursuant to sections 229b and 229c, chapter 469, Oregon Laws [ 1991 c Sec. 4. ( 1) From the amounts appropriated to the Public School System Support Fund, the department shall distribute $ 13.8 million to school districts whose budgeted current operating tuig eapen ' tore per t m average daily membership in the fiscal year is less than a fixed percentage of the statewide average expenditure per student in that year. The distribution to each eligible district shall be a dollar amount per student in average daily membership equal to the difference between the eligible district's budgeted current operating expenditure per student in average daily mem p m the fiscal year and the fixed percentage of the statewide average expenditure per student in that year. The department shall fix the percentage so that all funds available under this section are distributed. For the computation required by this subsection, school districts shall be divided into three categories and shall be entitled to receive the distribution under this section if the district's expenditures for are less than the fixed percentage of the statewide average for the category to which the district is assigned. The categories are: a) School districts providing education in kindergarten through grade 6, 7 or S. b) School districts providing education in grade 6, 7 or 8 through grade 12. c) School districts providing education in kindergarten through grade 12. 2) For purposes of the calculation in subsection ( 1) of this section each district's current operating exppeenditures shall be reduced by any grant received under ORS [ 1989 Edition] that is budgeted and expended in the fiscal year. [ 1991 c Sea & The state elects to limit its constitutional obligation to replace revenues lost to the public school s stem as pernutted byy section llb (6), Article XI of the n Constitution. Of the amounts distributed to the public school system from the Public School System Support Fund and the Community College System Support Fund by this Act ( and , an amount equal to the amount determined by the Department of Revenue to be the state' s constitutional replacement obligation under section 229d, chapter 469, Oregon Laws 1991, is specifically designated as replacement revenue within the meaning of section llb (6), Article XI of the Oregon Constitution. If any additional amounts are distributed from the Public School System Support Fund or the Community College System Support Fund, these amounts are not replacement revenue within the meaning of section llb (6), Article XI of the Oregon Constitution. ( 1991 c Sec. 7. For purposes of this Act [ and , ' taxes" includes all " taxes on property,' ex- cluding " exempt bonded indebtedness; as those terms are defined in section 210, chapter 469, Oregon Laws 1991 [ [ 1991 x Sec. S. ( 1) The funds available under chapter 162, Oregon Laws 1991, shall be: a) Apportioned among the common and union high school districts and education service districts in the same manner and at the same times as the school districts received moneys from the Basic School Support Fund in the fiscal year. b) Apportioned among community college districts in the same manner and at the same times as state 30-23

28 EDUCATION AND CULTURAL FACILITIES funds for operating expenses are distributed in the fiscal year. 2) If the information required to make the allocation of the Public School System Support Fund under section 3, chapter 162, Oregon Laws 1991, is not available on August 15, 1991, the distribution required by chapter 162, Qregon Laws 1991, shall commence on October 15, 1991, with the amount to be distributed equal to the sum of the distributions due on August 15, 1991, and October 15, [ 1991 c.162 8; 1991 c See. 8. If an education service district that operated under ORB to in discontinues its financial operating procedure and adopts a new procedure for , the levy amount for determined under ORS ( 1) for the education service district and each of the school districts located within the boundaries of the education service district shall be determined by adjusting the calculation in ORS ( 1) as follows: 1) For the education service district, the amount determined in ORS Me) shall be reduced, prior to the subtractions in ORS ( 1XaXA) and ( B), by the amount of any levy of the education service district in outside the limitation imposed by section 11 ( 1) and ( 2), Article XI of the Oregon Constitution; and 2) For each school district, the amount determined in ORS ( 1Xa), prior to the subtractions in ORS ( 1XsXA) and ( B), shall be increased so that the aggregate increase for all school districts equals the reduction made in subsection ( 1) of this section. The amount of the increase for each school district shall be determined by rule of the State Board of Education, after consultation with the education service district and the affected school districts. [ 1991 c Sea 12. ( 1) An eligible school district may request an early distribution of funds allocated to the district from state funds appropriated for general operations of school districts for the fiscal year. 2) For purposes of this section, an " eligible school district" means a district that either: a) Certified a levy under section 11a, Article XI of the Oregon Constitution for both the and fiscal years; or b) Reduced its expenditures for home to school transportation in or by more than 30 percent from the amount expended in the prior fiscal year. 3) The amount distributed minder this section shall not exceed eight percent of the estimated allocation to the district for the fiscal year. 4) An eligible district shall request an early distribution prior to September 1, The request shall be made in writing in a manner specified by the State Board of Education by rule. The Superintendent of Public Instruction shall make the early distribution rmitted by this section on May 15, [ 1991 c ] Sec. 13. Notwithstanding ORS [ 1989 Edition], and section 2 of this Act, for the fiscal year, the credit to the Special Education Account required by ORS and the credit for early intervention programs required by ORS shall be made from the distribution under section 2 of this Act prior to any other distribution described in section 2 of this Act. [ 1991 c Sec. 14. Notwithstanding section 3 of this Act, no school district shall receive a distribution under thie Act [ and ] that would cause the total certified levy of the district in , less any amount lost by the district in due to the limits imposed by section 11b, Article XI of the Oregon Constitution, plus the distribution to the district under this Act, to be less than the certified levy of the district in plus the districts distribution from the Basic School Support Fund for The distribution determined under section 3 of this Act shall be reduced in equal proportion and the amounts redistributed to distracts as necessary to achieve the purpose of this section. [ 1991 c STATE SCHOOL FUND 327AW [ Repealed by 1957 c ( enacted in lieu of )] Definitions for ORS to As used in ORS to : 1) " Aggregate days membership" means the sum of days present and absent, according to the rules of the State Board of Edu- cation, of all resident pupils when school is actually in session during a certain period. The aggregate days membership of kindergarten pupils shall be calculated on the basis of a half -day program. 2) " Approved transportation costs" means those costs as defined by rule of the State Board of Education and are limited to those costs attributable to transporting or room and board provided in lieu of trans- porting: a) Elementary school students who live at least one mile from school; b) Secondary school students who live at least 1. 5 miles from school; c) Any student required to be transported for health or safety reasons, according to supplemental plans from districts that have been approved by the state board identifying students who are required to be transported for health or safety reasons, including special education; d) Preschool children with disabilities requiring transportation for early intervention services provided pursuant to ORS and ; e) Students who require payment of room and board in lieu of transportation; f) A student transported from one school or facility to another school or facility when the student attends both schools or facilities during the day or week; and in school- g) Students participating sponsored field trips that are extensions of classroom learning experiences. 3) " Average daily membership" or ADM" means the aggregate days member- ship of a school during a certain period divided by the number of days the school was actually in session during the same period. However, if a district school board adopts a class schedule that operates throughout the year for all or any schools in the district, average daily membership shall be computed by the Department of Education so that the resulting average daily membership will not

29 STATE FINANCING be higher or lower than if the board had not adopted such schedule. 4) " Consumer Price Index" means the Consumer Price Index for All Urban Consumers of the Portland, Oregon, Standard Metropolitan Statistical Area, as compiled by the United States Department of Labor, Bureau of Labor Statistics. 5) " Kindergarten" means a kindergarten program that conforms to the standards and rules adopted by the State Board of Educa- tion. 6) " Net operating expenditures" means the sum of expenditures of a school district in kindergarten through grade 12 for administration, instruction, attendance and health services, operation of plant, maintenance of plant, fixed charges and tuition for resident students attending in another district, as de- termined in accordance with the rules of the State Board of Education, but net operating expenditures does not include transportation, food service, student body activities, community services, capital outlay, debt service or expenses incurred for nonresident students. 7)( a) " Resident pupil" means any pupil: A) Whose legal school residence is within the boundaries of a school district re- porting the pupil, if the district is legally re- sponsible for the education of the pupil, except that " resident pupil" does not include a pupil who pays tuition or for whom the parent pays tuition or for whom the district does not pay tuition for placement outside the district; or B) Whose legal residence is not within the boundaries of the district reporting the pupil but attends school in the district with the written consent of the affected school district boards. However, such written agreements shall not apply to pupils attending high school under ORS b) " Resident pupil" includes a pupil admitted to a school district under ORS ). 1) " Aggregate days membership" means the sum of days present and absent, according to the rules of the State Board of Education, of all resident pupils when school is actually in session during a certain period. The aggregate days membership of kindergarten pupils shall be calculated on the basis of a half -day program. 2) " Average daily membership" means the aggregate days membership of a school during a certain period divided by the number of days the school was actually in session during the same period. However, if a district school board adopts a class schedule that operates throughout the year for all or any schools in the district, average daily membership shall be computed by the Department of Education so that the resulting average daily membership will not be higher or lower than if the board had not adopted such schedule. 3) " Capital outlay" means any expenditure by a school district for materials of any sort, except replacements, which increase the value of the school plant or equipment. 4) " Debt service" means any payment made by a school district as a result of the issuance of bonds or negotiable interest- bearing warrants authorized by the electors of the district. 5) " Kindergarten" means a kindergarten program that conforms to the standards and rules adopted by the State Board of Education. 6) " Net operating expenditures" means the sum of expenditures of a school district in kindergarten through grade 12 for administration, instruction, attendance and health services, operation of plant, maintenance of plant, fixed charges and tuition for resident students attending in another district, as determined in accordance with the rules of the State Board of Education, but net operating expenditures does not include transportation, food service, student body activities, community services, capital outlay, debt service or expenses incurred for nonresident students. 7)( a) " Resident pupil" means any pupil: A) whose legal school residence is within the boundaries of a school district reporting the pupil, if the district is legally responsible for the education of the pupil, except that " resident pupil" does not include a pupil who pays tuition or for whom the parent pays tuition or for whom the district does not pay tuition for placement outside the district; or B) whose legal residence is not within the boundaries of the district reporting the pupil but attends school in the district with the written consent of the affected school district boards. However, such written agreements shall not apply to pupils attending high school under ORS b) " Resident pupil" includes a pupil admitted to a school district under ORS ( 3). 8) " Standard school" means a school ( 8) " Standard school" means a school meeting the meeting the standards set by the rules of the standards set by the rules of the State Board of Educa- State Board of Education. tion. 9) " Tax" and " taxes" includes all taxes on property, excluding exempt bonded indebtedness, as those terms are defined in ORS [ 1957 c ( enacted in lieu of , ; 1959 c.388 1, 1963 c ; 1965 c ; 1971 x395 2; 1973 x750 16; 1973 c ; 1977 c.840 1; 1979 c.259 1; 1981 c ; 1989 c.215 2; 1989 c.342 1; 1991 x693 35; 1991 c Note: The amendments to by section 2, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text that is operative until that date is set forth for the user' s convenience & As used in ORS to , , and to : ) " Assessed value" means the assessed value of the property within the district, as shown upon the assesament roll as of January 1 of the calendar year in which the last preceding fiscal year of the school district commenced for which a value has been certified pursuant to ORS However, where schools for all 13 grades are not operated or provided for by the same district, eight and one -third percent of the assessed value shall be attributed to a district for each grade State School Fund; state school fund grants. (1) There is established a State School Fund in the General Fund. The fund shall consist of moneys appropriated by the Legislative Assembly. The State School Fund is continuously appropriated 'for

30 EDUCATION AND CULTURAL FACILITIES the purposes of ORS to , , , , to , , , , , , , , , and ) For fiscal years beginning on and after Jul 1,. 1992, there shall be apportioned from the State School Fund to each school district a state school fund grant, consisting of a general purpose grant and a transportation grant minus local revenue, computed as provided in ORS ) All figures used in the determination of the distribution of the State School Fund shall be estimates for the same year as the distribution occurs, unless otherwise specified. 4) Numbers of students in average daily membership used in the distribution formula shall be the numbers as of June of the year of distribution. [ 1991 c Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws Note: See note preceding A10 [ Amended by 1957 c.626 2; 1963 c.570 1; 1965 c ; 1979 c.277 2; repealed by 1991 x Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the user's convenience ( 1) It is the policy of the Legislative Assembly in appropriating money to the Basic School Support Fund to appropriate for the amount of $ per pupil in average daily membership in that year and to make appropriations to the fund in subsequent years based on an annual rate of growth of that amount by nine percent or the percentage rate of increase in the Consumer Price Index, as defined in ORS , for the preceding year, whichever is the lesser. In making the estimate under ORS , the Superintendent of Public Instruction shall be guided by this policy to avoid making excessive estimates. 2) The Basic School Support Fund shall be used exclusively for the improvement and support of standard public elementary and secondary schools and shall be distributed to equalize educational opportunities and conserve and improve the standards of public elementary and secondary education. Distribution shall be made to school districts which meet all legal require- ments and which maintain and operate a standard school or which contract with another standard district for. the education of its students. 3) The Basic School Support Find hereby is appropriated for carrying out the provisions of ORS , , and provides: 327Al2 [ Repealed by 1957 c Note: Section 10, chapter 780, Oregon Laws 1991, Sec. 10. Distribution to education service districts. ( 1) Of the amounts appropriated to the State School Fund for the fiscal year, the Superintendent of Public Instruction shall set aside a sum for the distribution to education service districts. The distribution to each education service district shall be 85 percent of any positive amount equal to 106 percent of the total taxes, before offsets required by law, certified by the district for the fiscal year less: a) Any offsets to certified tax levies of the district required by law for the fiscal year; b) Any taxes lost due to truncation in calculating the rate of a levy; and c) Any taxes imposed by the district within the limits of section 11b, Article XI of the Oregon Constitution for the fiscal year. 2) Notwithstanding subsection ( 1) of this section, an education service district providing equalization under ORS to , shall receive 100 percent, rather than 85 percent, of the portion of the positive amount determined under subsection ( 1) of this section attributable to apportionments to school districts. For purposes of this calculation, the same proportion of taxes, offsets and revenue received by the education service district under section 3, chapter 162, Oregon Laws 1991, shall be assumed to be attributable to apportionments to school districts. 3) The distribution to each education service district by this section shall be based on reports and estimates prepared by the Department of Revenue pursuant to section 229b, chapter 459, Oregon Laws 1991 [ ) Notwithstanding ORS , for an education service district providing equalization under ORS to , the amounts apportioned to school districts, in the aggregate, for the fiscal year shall not be less than 106 percent of the amount apportioned to school districts, in the aggregate, for the fiscal year. [ 1991 c State School Fund distribution computations. The State School Fund distributions shall be computed as follows: 1) General Purpose Grant = Funding PercentageX Target GrantX District ADMw. 2) The funding percentage shall be calculated by the Superintendent of Public In- struction to distribute as nearly as practicable the total sum available for distribution of money. 3) Target Grant = Statewide Target per ADMw Grant + Teacher Experience Factor. 4) Statewide Target per ADMw Grant 4,500. 5) Teacher Experience Factor = $ 25X District average teacher experience statewide average teacher experience). " Average teacher experience" means the average, in years, of teaching experience of certified teachers as reported to the Department of Education. 6) District ADMw = ADMw or ADMw df the prior year, whichever is greater. 7)( a) Weighted average daily membership or ADMw = average daily membership + an additional amount computed as follows: A) 1. 0 for each student in average daily membership eligible for special education as a child with disabilities under ORS , applicable to not to exceed 11 percent of the district' s ADM without review and approval of the Department of Education. B) 0.5 for each student in average daily membership eligible for and enrolled in an English as a Second Language program under ORS

31 STATE FINANCING C) 0. 2 for each student in average daily membership enrolled in a union high school district for the distribution. D } 0. 1 for each student in average daily membership enrolled in an elementary district operating grades kindergarten through 6 or grades kindergarten through 8. E) For each student in average daily membership in a school operated as a necessary small school, as defined in ORS , multiplied by the difference between the number of students in average daily membership in the school and 251 ADM. F) 0.25 times the sum of the following: i) The number of children 5 to 18 years of age in poverty families in the district, as determined by the Department of Education from a report of the federal Department of Education, " 1980 Census Poverty Data for LEA' s," and as adjusted by the number of projected students in average daily membership in June of the year of distribution di- vided by number of students in average daily membership in the district, or its predeces- sors, in June 1980; ii) The number of children in foster homes in the district as determined by the report of the Department of Human Re- sources to the federal Department of Education, " Annual Statistical Report on Children in Foster Homes and Children in Families Receiving AFDC Payments in Excess of the Poverty Income Level," or its successor, for October 31 of the year prior to the year of distribution; and iii) The number of children in the district in state - recognized facilities for neglected and delinquent children, based on information from the Department of Human Resources for October 31 of the year prior to the year of distribution. G) All numbers of children used for the computation in this section must reflect any district consolidations that have occurred since the numbers were compiled. b) The total additional weight that shall be assigned to any student in average daily membership in a district, exclusive of students described in subparagraph ( F) of paragraph ( a) of this subsection shall not exceed ) Transportation Grant = 70 percent of Approved Transportation Costs. 9) Local Revenues are the total of the following: a)- The amount of revenue offset against local property taxes as determined by the Department of Revenue under ORS )( a)(a); b) The amount of property taxes actually imposed by the district as determined by the Department of Revenue under ORS )(a)(B); c) The amount of revenue received by the district from the Common School Fund under ORS to ; d) The amount of revenue received by the district from the county school fund from the payment required by ORS ( 1); e) The amount of revenue received by the district from the 25 percent of federal forest reserve revenues required to be distributed to schools by ORS ( 1); f) The amount of revenue received by the district from state managed forestlands under ORS ( lxb) and ( c); g) The amount of revenue received under ORS by a school district in an education service district that provides equalization under ORS ; h) Moneys received in lieu of property taxes; and i) Federal funds received without specific application by the school district and which are not deemed under federal law to be nonsupplantable. 10) The amount in paragraph ( b) of subsection ( 9) of this section shall not be less than the amount that would be imposed by the district if the district certified a total property tax levy equal to the lesser of: a) The maximum amount it can certify within the limits of sections 11 and 11a, Article XI of the Oregon Constitution; or b) 106 percent of the total taxes certified by the district in the prior year. [ 1991 x Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws provides: Note: Section 4a, chapter 780, Oregon Laws 1991, Sec. 4a. ( 1) For the fiscal year, the sum of the general purpose grant determined under section 4 ( 1) of this Act [ ), and of the Transportation Grant determined under section 4 ( 8) of this Act for a district shall not be less than 100 percent or more than 125 percent of the sum of the amount distributed to that district from the Public School System Support Fund, established by section 1, chapter 162, Oregon Laws ], in the fiscal year and Local Revenues to that district in the fiscal year, where Local Revenues are as defined under section 4 ( 9) of this Act. 2) The limitation established under subsection ( 1) of this section shall be adjusted to reflect any district consolidations that occur between the and fiscal years. [ 1991 c.780 4a] [ 1953 c.547 l; 1957 x626 3; 1957 s. s. c.2 l; 1961 c.622 1; 1963 x570 la; 1965 c ; 1965 c.528 1; 1969 c.625 l; repealed by 1971 c [ Repealed by 1957 c [ 1957 c ( enacted in lieu of } 1959 c.388 2; 1965 x100 19; renumbered

32 EDUCATION AND CULTURAL FACILITIES [ Repealed by 1957 c ( enacted in lieu of, )] Grants for special and compensatory education programs. In addition to those moneys distributed through the State School Find, the Department of Education shall provide from state funds appropnated therefor, grants in aid or support for special and compensatory education programs including: 1) Special schools for children who are deaf or blind as defined in ORS ) Medicaid match for administration efforts to secure Medicaid funds for services provided to children with disabilities. 3) Hospital programs for education services to children who are hospitalized for extended periods of time or who require hospitalization due to severe disability as described in ORS ) Private agency programs for education services to children who are placed by the state in long term care or treatment facilities as described in ORS ) Regional services provided to children with low- incidence handicapping conditions as described in ORS ) Early childhood special education provided to preschool children with disabilities from age three until age of eligibility for kindergarten as described in OR , , , , , , and 343,465 to ) Early intervention services for pre- school children from birth until age three as described in ORS , , , , , , and to ) Evaluation services for children with disabilities to determine program eligibility and needs as described in ORS ) Education services to children resid- ing at state hospitals and training centers as described in ORS ) Disadvantaged children program under ORS ) Early childhood education under ORS to ) Child development specialist under ORS ) Youth care centers under ORS ) Staff development and mentoring. 15) Vocational education grants. 16) Special science education programs. 17) Talented and Gifted children program under ORS to [ 19x1 c.78o 5] Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws :024 [ 1957 c ( enacted in lieu of x388 3; 1965 c ; renumbered [ Repealed by 1957 c ( enacted in lieu of )] 327J= [ 1957 c ( enacted in lieu of }, 1957 x708 5; 1959 c.388 4; 1965 x100 22; renumbered ] 327A80 [ Repealed by 1957 c [ Formerly ; 1965 x100 28; renumbered AM Approved transportation costs. ( 1) Approved transportation costs shall be estimated for the year of. distrib-. ution. 2) Approved transportation costs shall include depreciation of original cost to the district of district -owned buses, not in excess of 10 percent per year. 3) Districts are required to account separately for those funds received from the State School Find attributable to the costs included under subsection ( 2) of this section, and expenditure of those funds shall be limited to the acquisition of new buses or transportation equipment. [ 1991 c.780 7a] [ Amended by 1953 c.108 3; 1957 c ; 1959 c.388 5; 1963 x142 2; 1965 c ; 1965 c.323 1; 1971 c.107 l; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, 1992 See section 38, chapter 780, Oregon Laws The teat 1989 Edition) is set forth for the user' s convenience & ( 1) Of the moneys in the Basic School Support Fund, the Superintendent of Public Instruction shall set aside a sum equal to 60 percent of the total approved coat of all school districts within the state for pupil transportation, or board and room in lieu, of transportation, that was expended two years prior to the year of apportionment to be distributed in accor dance with subsection ( 2) of this section. 2) Upon approval of the Superintendent of Public Instruction, and in compliance with rules of the State Board of Education, each school district which provides, pupil transportation to and from school, or board and room in lieu of transportation, and meets approved standards of safety, efficiency and operation, shall be entitled to transportation aid from the transportation account on the basis of the approved cost fo; such ser- vices in the year next preceding the year of apportionment. The transportation account shall be apportioned among all eligible districts in the proportion, that the approved cost of each bears to the approved cost of all districts in the state. 3) Depreciation of original cost to the district of district-owned buses shall be included in new cost computation under subsection ( 1) of this section but shall not be allowed in excess of 10 percent per year. 4) Apportionments under this section shall be made at the same time as other apportionments of the Basic' School Support Fund [ 1957 s. s. c. 2 3; repealed by 1959 c [ Repealed by 1957 c [ 1957 c.708 W, 3; 1959 c.388 6; 1963 c.570 1d; 1965 c ; 1969 c.625 2; 1971 c.21 1; c.750 4; 1977 c.840 2; repealed by 1991 c

33 STATE FINANCING Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The teat 1989 Edition) is set forth for the user's convenience. 827A42 ( 1) There shall be apportioned to each school district the basic grant amount computed under ORS ( 2) for each additional resident pupil reported for the current year in excess of the number reported over the previous year. 2) For the purposes of subsection ( 1) of this section, the increase in resident pupils shall be determined by subtracting the number of resident pupils in the previous school year as shown by the final rreport of the district for that year from the number of resident pupils in the district in the quarter ending December 31 of the current school year as shown by the December quarterly report required under ORS ) There shall be apportioned to each school district the basic grant amount computed under ORS ( 2) multiplied by the product of the decrease in resident pupils times 75 percent. 4) For the purposes of subsection ( 3) of this section, the number of decrease in resident pupils shall be determined by subtracting the number of resident pupils in the district in the quarter ending December 31 of the current school year as shown by the December quarterly report required under ORS from the number of resident pupils in the previous school year as shown by the final report of the district for that year When district required to provide transportation; waiver. ( 1) A school district is required to provide transportation for elementary students who reside more than one mile from school and for secondary school students who reside more than 1. 5 miles from school. A district is also required to provide transportation for any student identified in a supplemental plan approved by the State Board of Education. 2) Notwithstanding subsection ( 1) of this section, the State Board of Education may waive the requirement to provide transporta- tion for secondary school students who re- side more than 1. 5 miles from school. A district must present to the board a plan providing or identifying suitable and sufficient alternate modes of transporting secondary school students. [ 1991 c.7so 71 Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws A45 [ Repealed by 1957 c WYA46 [ 1961 x502 10; repealed by 1963 c AM [ 1961 c.502 6; repealed by 1963 c AM [ 1985 c.555 9; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the user's convenience. 327A49. There shall be credited annually from the Basic School Support Fund to the Special Education Account under ORS Ma) an amount equal to 700 per pupil in multiplied by the resident average daily membership of programs under ORS and The per pupil amount shall be adjusted on an annual basis by the percentage rate of increase in the Consumer Price Index, as defined in ORS [ Amended by 1957 c ; repealed by 1963 x570 33] MIA62 [ 1961 c.408 1; repealed by 1963 c [ 1965 x100 18a, 1973 c.750 5; 1977 x840 3; 1981 c.899 1; 1985 c ; 1989 c.216 2; repealed by 1991 x Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The teat 1989 Edition) is set forth for the user' s convenience ( 1) From the funds appropriated to the Basic School Support Fund in any grven year, the Su- Wntendent of Public Instruction shall set aside such funds as are appropriated for ORS and to meet the obligation stated in ORS and and to be distributed to satisfy that obligation. 2) The Superintendent of Public Instruction shall set aside 70 percent of the remainder after the distribution required in subsection ( 1) of this section to be distributed as provided in ORS and and 30 percent of the remainder after the distribution required in subsection ( 1) of this section to be distributed as provided in ORS [ Repealed by 1963 c :068 [ 1977 c.840 4; repealed by 1989 c A57 [ 1957 c ; repealed by 1963 c AN [ 1959 c.528 4, 11; 1961 c.500 l; repealed by 1963 x [Formerly ; 1969 c.625 3; 1971 c.21 2; 1973 c.750 6; 1977 e840 5; 1981 c.899 2; repealed by 1991 x Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The teat 1989 Edition) is set forth for the user' s convenience ( 1) From those funds set aside under ORS to meet the obligation provided for in this section, each district shall be apportioned a uniform percent of its approved program, as determined in ORS , determined as necessary to distribute as nearly as practicable the total sum available for distribution under this section and ORS for the year of distribution. However, except for approved small schools, no district shall be apportioned an amount in excess of the uniform percent of the basic education program limit stated in ORS ( 3). 2) The dollar amount per resident average daily membership of the basic grant for purposes of the epp-- portionment in ORS for each district shall be determined by dividing the district's basic grant by the district's average daily membership as of June 30 of the preceding year. 327AN [Amended by 1955 c.766 l; repealed by 1963 c ] Computation of number of students in average daily membership. ( 1) Numbers of students in average daily membership used in the distribution formula as specified in ORS ( 7), shall be projections of the average daily membership In the district for the school year ending on June 30 of the distribution year. The- De- partment of Education shall all verify projections used for purposes of the distribution formula. 2) The department shall use information from the Department of Revenue under section 229d ( 3)(aXA), chapter 459, Oregon Laws 1991, as the basis for determining projected district property taxes. The department shall request relevant information from the school 30-29

34 EDUCATION AND CULTURAL. FACILITIES districts to enable the department to estimate the amount each school district shall receive from the State School Fund. The department shall provide this estimate no later than the first Monday in March of each year for the distribution for the following fiscal year. 3) A school district may appeal to the department an projection verified by the department under subsection ( 1) of this sec- tion. The department shall rule on the appeal in a timely manner and if necessary issue a revised estimate of the amount each school district shall receive from the State School Fund no later than the last Friday in March. 4) Notwithstanding subsection ( 3) of this section, no school district may appeal any projection verified under subsection ( 1) this section if the district failed to provide information requested by the department under subsection ( 2) of this section. [ 1991 c Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws [ 1955 c.103 2; repealed by 1963 x formerly ; 1969 c.270 1; 1969 c.625 4; 1971 c.107 3; 1973 x750 7; 1977 x840 6; 1979 c.259 2; 1981 x804 96; repealed by 1991 x Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the user's convenience. AM ( 1) As used in this section " local district contribution" means the sum of: a) Federal Forest Reserve Receipts allocated to schools under ORS ; b) Common School Fund Receipts; and c) The assessed value of the taxable property in the district multiplied by the adjusted tax rate of the district. For purposes of this computation, the Superintendent of Public Instruction shall determine the highest uniform tax rate per $ 100 of approved program which will result in the distribution within practical limits of the amount available for the apportionment under this section. This tax rate shall be adjusted for each district by multiplying the highest uniform tax rate times the quotient of the district's approved basic education program per resident average daily membership divided by 100. No district's adjusted tax rate shall exceed the adjusted tax rate that would be produced by using the basic education program limit as defined in ORS ( 3). 2) There shall be apportioned to each school district any positive difference remaining after the apportionment provided in ORS and the local district contribution are deducted from the approved cost of the basic education program. 3) Any funds remaining after the apportionment is made under subsection ( 2) of this section shall be added to the amount of the Basic School Support Fund to be apportioned the following year [ Amended by 1953 x444 11; 1953 c.711 4; 1955 c.766 2; 1957 c.328 1; 1959 c.397 1; 1961 c.537 1; repealed by 1963 c [ 1957 c.219 3; 1961 c.537 2; repealed by 1963 c [ 1957 c.642 4, 7; 1959 c.388 7; repealed by 1963 x of [ 1957 c.620 1; 1959 c.388 8; 1961 c.625 1; part renumbered ; repealed by 1963 c [ Amended by 1957 c.658 3; renumbered and then [ 1977 c.840 7a; repealed by 1983 c [ Amended by 1957 c ; 1963 c.570 4; 1965 c ; ; 1973 e750 8; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the user's convenience Except as otherwise specifically provided in ORS , the amount of the various apportionments provided in ORS , , and shall be determined from data contained in the reports of the several school districts for the year ending June 30 prior to the time of malting such appor- tionment [ Amended by 1965 c ; renumbered A75 Necessary small school determination; effect; appeal. ( 1) A school may qualify as a necessary small school if the average daily membership in grades one through eight or in grades 9 through 12 is below 251 and the State Board of Education, after receiving not later than August 1 a pe- tition from the school district board, determines that the school' s continued existence is justified because of physiographic conditions which make transportation to another school not feasible or because of sparsity of population. Where sparsity of population is the determining factor, no elementary school shall qualify if it is within 10 miles by the nearest traveled road from another elementary school and no high school shall be con- sidered if it is located within 15 miles by the nearest traveled road from another high school. 2) Where a school' s continued existence is found not to be justified because of its proximity to another school, the district operating that school shall be notified in writing by the State Board of Education that, for the purpose of distributing State School Fund moneys, the school shall not be considered eligible for the additional weighting under ORS ( 7)( a)(e). Such notice shall be sent to school districts not later than September 30, with the advice that this provision of law shall take effect in the following school year, unless an appeal, setting forth reasons why such action should not be taken, is submitted within 30 days of receipt of the notice by the school district to the State Board of Education and is approved by that body. 3) Upon receipt of the appeal the State Board of Education shall review i6 reasons set forth in the appeal and, if it deems it necessary, may direct the Department of Education to hold a hearing to help determine if the district' s continued existence is neces

35 STATE FINANCING 327A82 nary. Not earlier than 60 days nor later than 90 days after receipt of the written appeal, the State Board of Education shall no the district if its appeal has been approved or disapproved. [ Formerly ; amended by 1969 c.625 6; 1977 c.840 7; 1979 c.277 7; 1991 c Note: The amendments to by section 14, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text ( 1989 Edition) is set forth for the user' s con- venience ( 1) Except as provided in subsection ( 2) of this section or as limited in subsection ( 3) of this section, the approved cost of the basic education program shall be the net operating expenditures of each district as defined in ORS ( 6) for the year prior to the year of apportionment. 2Xa) The cost of the basic education program may be computed in a different manner in the case of a school which is approved as qualified for a small school correction. b) A school may qualify for a small school correction if the average daily membership in grades one through eight or in grades 9 through 12 is below 100 and the State Board of Education, after receiving not later than August 1 a petition from the achool district board, determines that the school' s continued existence is ustified because of physiographic conditions which Moe transportation to another school not feasible or because of sparsity of population. Where sparsity of population is the determining factor, no elementary school shall qualify if it is within 10 miles by the nearest traveled road from another elementary school and no high school shall be considered if it is located within 15 miles by the nearest traveled road from another high school. Where a school' s continued existence is found not to be justified because of its proximity to another school, the district operating that school shall be notified in writing by the State Board of Education that, for the purpose of distributing basic school support moneys, it will not be considered eligible for the small school correction as defined in this subsection. Such notice shall be sent to school districts not later than September 30, with the advice that this provision of law shall take effect in the following school year, unless an appeal, setting forth reasons why such action should not be taken, is submitted within 30 days of receipt of the notice by the school district to the State Board of Education and is approved by that body. Upon receipt of such appeal, the State Board of Education shall review the reasons set forth in such appeal and, if it deems it necessary, may direct the Department of Education to hold a hearing to help determine if the district' s continued existence is necessary. Not earlier than 60 days nor later than 90 days after receipt of the written appeal, the State Board of Education shall notify the district if its appeal has been approved or dis- approved. c) The amount of the small school correction shall be adjusted annually by the State Board of Education in a manner consistent with the change in the basic education program level. d) The amount of the small school correction shall be added to the cost of the basic education program for the school district. 3) Except for approved small schools, the limit of approved cost of the basic education program per aver In subsequenttyears, theelimit7shall be adjusted by an amount equal to 109 percent of the limit of the preceding year or by 100 percent plus the percentage rate of increase in the Consumer Price Index for the preceding calendar year, whichever is the lesser. 4) As used in this section and in ORS Consumer Price Index means the Consumer Price Index for All Urban Consumers of the Portland, Oregon, Standard Metropolitan Statistical Area, as compiled by the United States Department of Labor, Bureau of Labor Statistics. 327:076 [ Repealed by 1965 c AN [ Amended by 1957 c ; 1963 c.570 5; repealed by 1965 c A& Hinde ---- n apportionment. 1) School distncts which operate kindergartens that conform to the standards and rules adopted by the State Board of Education shall be eligible for apportionments from the State School Fund on the basis of resident average daily membership in the kindergartens. 2) The apportionments shall be paid in the same manner as other apportionments from the State School Fund are paid. Computation of the amounts due each district operating a kindergarten shall be made by the Superintendent of Public Instruction pursuant to rules of the State Board of Education. The rules shall establish a method of computation that is consistent with the method of computation of other apportion- ments from the State School Fund. [ 1973 caw 61 Note: Le ' slative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38, chapter 780, Oregon Laws A88 [ Repealed by 1957 c ( enacted in lieu of )) [ Amended by 1959 c ; 1963 c.570 6; 1965 c ; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, 1992 See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the user's convenience The amount to be received from the Basic School Support Fund shall be included as revenue in the budget of each school district. No part of such fund shall be apportioned and distributed to apply as an offset to a school district tax levy [ 1957 c.626 8; repealed by 1963 c M [1957 c.626 9; repealed by 1963 c [ 1957 c ; repealed by 1963 c NUM [ Subsections ( 1) and ( 2) enacted as 1957 x626 13; subsection ( 3) of 1957 Replacement Part enacted as 1957 s.s. c.2 4 ( 3); 1959 c ; 1963 c.570 7; 1965 c ; subsection ( 4) enacted as 1971 C22 3; 1989 c.456 1; repealed by 1991 x Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the user' s convenience ( 1) On the first Monday in March of each year, the Superintendent of Public Instruction shall make an estimate of the amount each school district shall receive from the Basic School Support Fund for the next fiscal year. 2) If the Superintendent of Public Instruction determines that there is an excess available for apportionment to any district over the amount estimated to be available under subsection ( 1) of this section, the

36 327A95 EDUCATION AND CULTURAL FACILITIES excess shall not be distributed to the school district in the fiscal year for which apportionment is made but shall be held and distributed to the district as an added payment prior to July 31 in the following fiscal year. 3) Additional apportionments made under subsection ( 2) of this section shall be subject to ORS ) Appropriations to the Basic School Support Fund for the second year of a biennium shall serve as the basis of the estimate required by this section for the first year of the succeeding biennium Time of payment of apportionments. ( 1) Except as provided in subsection ( 2) of this section, funds due school districts under ORS and shall be paid approximately 16-2/3 percent on August 15, approximately eight and one -third percent on the 15th day of each of the months of October, November, December, January, February, March and April and the balance on May 15. An equitable apportionment based on the most recent data available shall be made on the instalment dates prior to May 15. If such payments are too high or too low, appropriate adjustments shall be made in the May 15 payments. However, if the reports required by ORS have not been received from any district when due, no further apportionments shall be made to such district until such reports are filed. 2) A portion of the August 15 through January 15 payments due school districts that adopt a class schedule that operates throughout the year for all or any schools in the district shall, at the option of such district, be paid on July 15 and September 15. The portion of funds that are paid on July 15 and September 15 shall be in the same proportion that the average daily membership of the schools that operate throughout the year bears to the total average daily membership of the school district. 3) Any school district that operates a school throughout the year and wants payments on July 15 and September 15 as provided in subsection ( 2) of this section shall apply to the Superintendent of Public Instruction prior to Jul 1 for such payment. The superintendent shall prescribe uniform application forms for such purpose. [ Amended by 1953 c.108 3; 1957 c ; 1959 x388 12; 1965 c ; 1975 c ; 1977 c.280 1; 1977 c.840 8; 1981 x678 9; 1983 c.610 7; 1991 c Note: The amendments to by section 16, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text ( 1989 Edition) is set forth for the user' s con- venience. 327A95. ( 1) Except as provided in subsection ( 2) of this section, funds due school districts under ORS , and shall be paid approximately 16-2!3 percent on August 15, approximately eight and one -third percent on the 15th day of each of the months of October, November, December, January, February, March and April and the balance on May 15. An equitable apportionment based on the most recent data available shall be made on the instalment dates prior to May 15. If such payments are too high or too low, appropriate adjustments shall be made in the May 15 payments. However, if the reports required by ORS have not been received from any district when due, no further apportionments shall be made to such district until such reports are filed. 2) A portion of the August 15 through January 15 payments due school districts that adopt a class schedule that operates thro out the year for all or any schools in the district stall, at the option of such district, be paid on July 15 and September 15. The portion of funds that are paid on July 15 and September 15 shall be in the same proportion that the average daily' membership of the schools that operate throughout the year bears to the total average daily membership of the school district. 3) Any school district that operates a school throughout the year and wants payments on July 15 and September 15 as provided in subsection ( 2) of this section shall apply to the Superintendent of Public Instruction prior to July 1 for such payment. The superintendent shall prescribe uniform application forms for such purpose Apportionment where district chanrged. Where any territorial or organization in a school district has occurred between the date of the report and the apportionment, the Superintendent of Public Instruction shall make the payment on an equitable basis to the districts the territory or organization of which has been change [ Formerly Adjustment of distribution within fiscal year. ( 1) The Department of Education shall adjust the distribution to a school district to reflect the difference between the actual level of local revenues to the district under ORS ( 9)(a), ( b) and e) and the projected level of those same local revenues used to calculate the State School Fund apportionment to the district. The adjustment shall be incorporated in the May 15 apportionment to the district in the distribution year. 2) The department shall adjust the distribution to a school district ir the ADMw of the district, as determined by the department from information provided in the December quarterly report for the current distribution year filed with the department under ORS , exceeds the projected District ADMw under ORS (6) by five percent or more. The adjustment shall equal the per ADMw general purpose grant for the district multiplied by the amount that the ADMw calculated from the December quarterly report exceeds 105 percent of the District ADMw. The adjustment shall be paid to the district with the May 15 apportionment in the distribution year. 3) The sum equal to the sum of all negative adjustments made to the May 15 a- portionment under subsection ( 1) of this section is appropriated to the department for purposes of funding positive adjustments required under subsection ( 1) of this section 30-32

37 STATE FINANCING and adjustments required under subsection 2) of this section. 4) The department shall also set aside an amount of the funds appropriated to the State School Fund for the fiscal pear to fund any positive adjustments required under subsection ( 1) of this section and adjustments required under subsection ( 2) of this section in excess of the amount available under subsection ( 3) of this section. The amount set aside shall be as determined by law. 5) If the amounts available under subsections ( 3) and ( 4) of this section are not sufficient to fund the positive adjustments to districts required under subsection ( 1) of this section and the adjustments required under subsection ( 2) of this section, then every positive adjustment otherwise to be paid under those subsections shall be reduced by an equal proportion as is necessary to reduce the sum of the total payment to the amount of funds available for this purpose. 6) If the amounts available under subsections ( 3) and ( 4) of this section exceed the positive adjustments to districts required under subsection ( 1) of this section and the adjustments required under subsection ( 2) of this section, the excess shall be distributed to districts as an additional payment in the May 15 apportionment of the State School Fund. The additional payment to each district shall equal the same proportion of the excess to be distributed as the distribution to the district under ORS and is of the total State School Fund distribution under ORS and [ 1991 c Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws provides: Note: Section 12a, chapter 780, Oregon Laws 1991, See. 12a. ( 1) Notwithstanding section 12 ( 4) of this Act [ ], the amount set aside under section 12 ( 4) of this 1991 Act shall, for the fiscal } year, be determined by rule of the State Board of Education. The amount set aside shall not however exceed two percent of the amount appropriated to the State School Fund for the fiscal year. 2) In the fiscal year, the adjustment under section 12 ( 1) of this Act shall include a comparable adjustment to the distribution to education service districts from the State School Fund. 3) The schedule of payments to education service districts from the State School Fund in the fiscal year shall be as that made to school districts under ORS and section 12 of this Act. [ 1991 c a] [ Repealed by 1963 c Adjustment of distribution between fiscal years. ( 1) For fiscal years be- Tnnl a on or after July 1, 1993, the distribution to a school district under ORS and shall be adjusted to fully reflect the difference between the apportionment due to the district for the prior fiscal year under ORS and , and the amounts actually distributed to the district in the prior fiscal year under ORS , and The adjustment shall be made to the May 15 apportionment to the district. 2) No consideration shall be made in the adjustment made under subsection ( 1) of this section for any penalties, forfeitures or additional receipts of State School Fund moneys, except when expressly directed by law. 3) An amount of funds equal to the sum of all negative adjustments made to the May 15 apportionment under subsection ( 1) of this section shall be appropriated to the Department of Education for purposes of funding positive adjustments required under subsection ( 1) of this section in the same fiscal year. 4) The department shall also set aside an amount of the funds appropriated to the State School Fund for the fiscal year to fund any positive adjustments required under subsection ( 1) of this section in excess of the amount available under subsection ( 3) of this section. The amount set aside shall be as de- termined by law. 5) If the amounts available under subsections ( 3) and ( 4) of this section are not sufficient to fund the positive adjustments to districts required under subsection ( 1) of this section, then every positive adjustment otherwise to be paid under subsection ( 1) of this section shall be reduced by an equal proportion as is necessary to reduce the sum of the total payment to the amount of funds avail- able for this purpose. [ 1991 c Note: becomes operative on June 30, See section 38, chapter 780, Oregon Laws Standard school presumed; correction of deficiencies. ( 1) All school districts are presumed to maintain a standard school until the school has been found to be deficient by the Superintendent of Public Instruction, pursuant to standards and rules of the State Board of Education. 2) If any deficiencies are not corrected before the beginning of the school year next following the date of the finding of deficiency and if an extension has not been granted under subsection ( 3) of this section, the Superintendent of Public Instruction may withhold portions of State School Fund moneys otherwise allocated to the district for operating expenses until such deficiencies are corrected unless the withholding would create an undue hardship, as determined pursuant to rules of the State Board of Education. 3) Within 90 days of the finding of deficiency, a school district found not to be in compliance shall submit a plan, acceptable to the Superintendent of Public Instruction, for meeting standardization requirements. A 30-33

38 EDUCATION AND CULTURAL FACILITIES team of Department of Education staff, with Distinguished Oregon Educators, when feasible, operating under the direction of the Department of Education, shall visit the school district and offer technical assistance, as needed, in the preparation and implementation of the plan. When an acceptable plan for meeting standardization requirements has been submitted, the Superintendent of Public Instruction may allow an extension of time, not to exceed 12 months, if the superintendent determines that such deficiencies cannot be corrected or removed before the beginning of the next school year. However, no extension shall be granted if it is possible for a district to correct the deficiency through merger. Foi the period of the extension of time under this subsection, the school shall be considered a conditionally standard school. 4) Any district failing to submit a plan for meeting standardization requirements within the time specified shall receive no further State School Fund moneys until a plan acceptable to the Superintendent of Public Instruction is submitted irrespective of the district's being given one year in which to comply. [ Formerly ; 1989 c.491 5; 1991 x693 32] [ Repealed by 1963 c Procedure if school district alleged to be involved in religious activity; complaint, investigation, finding, effect. 1) Upon receipt from a citizen of Oregon of a complaint which on its face is colorable that a school district is a district which sponsors, financially supports or is actively involved with religious activity, the Superintendent of Public Instruction or the superintendent' s designated representative shall undertake promptly a preliminary investigation of the facts alleged in the complaint. 2) If, after the preliminary investigation, the superintendent finds that there is a sub - stantial basis to believe that the school district is a district which sponsors, financially supports or is actively involved with religious activity, the superintendent shall: a) Notify the complainant and the school district; b) Withhold immediately all funds due the district under ORS ; and c) Schedule a contested case hearing to be conducted in accordance with ORS to ) If, after the preliminary investigation, the superintendent finds that there is no substantial basis to believe that the school district is a district which sponsors, financially supports or is actively involved with religious activity, the superintendent shall notify the complainant and the district of that finding and shall not withhold funds due the district under ORS or schedule a hearing. 4) During the preliminary investigation, the school district shall cooperate to a reasonable degree with the superintendent and provide any and all evidence which the superintendent considers necessary for the investigation. If the school district fails or refuses to cooperate to a reasonable degree with the superintendent during the investigation, the superintendent shall presume that there is a substantial basis to believe that the district is a district which sponsors, financially supports or is actively involved with religious activity and shall proceed as provided in subsection ( 2) of this section. 5) If the superintendent makes a finding under subsection ( 2) or (4) of this section, the school district shall receive no funds under ORS from the date of the super- intendent' s finding until the superintendent finds that the district is no longer sponsorin supporting or actively in- volved with religious activity. 6) The funds withheld under this section shall be held in an escrow account and shall be removed from that account only as follows: a) If the superintendent determines, after a contested case hearing, or a court on appeal rules, that the school district never sponsored, financially supported or was actively involved with religious activity, the entire amount, includin interest thereon, in the escrow account shall be released to the district. b) If the superintendent determines, after a contested case hearing, or a court on appeal rules, that the school district spon- sored, financially supported or was actively involved with religious activity in the past but has ceased to do so, that portion of the amount, including interest thereon, in the escrow account which accrued to the district after the district ceased the proscribed con- duct shall be paid to the district. Any amount, including interest thereon, permanently withheld from the district shall revert to the State School Fund or to the General Fund, if the biennium has ended c) If the school district does not cease the proscribed conduct by the beginning of the next school year, the superintendent shall notify the State Treasurer who shall cause the amount in the escrow account, including interest thereon, to revert to the State School Fund or to the General Fund, if the biennium has ended. 7) If the superintendent schedules a contested case hearing, as provided in subsection ( 2) of this section, the superintendent

39 STATE FINANCING may conduct such further investigation of the facts relevant to the complaint as the superintendent considers necessary. In conducting the investigation, the superintendent shall have the power of subpoena to compel production of documents and attendance of witnesses at depositions and may do all things necessary to secure a full and thorough investigation. 8) If a person or school district fails to comply with any subpoena issued under subsection ( 7) of this section, a judge of the cir- cuit court of any county, on application of the superintendent, shall compel obedience by proceedings for contempt as in the case OT disobedience of the requirements of a subpoena issued from circuit court. [ 1985 c.584 Note: was added to and made a part of to by legislative action but was not added to any other series therein. See Preface to Oregon Revised Statutes for further explanation. Note: Legislative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38, chapter 780, Oregon Laws [ Amended by 1955 c.537 1, repealed by 1957 c [ Amended by 1955 c.385 l; 1959 c ; repealed by 1963 c Correction of errors in apportionments. The Superintendent of Public Instruction may correct, in a succeeding year, any errors in apportionment by the withholding of the amount of an overapportionment or by the payment of an underapportionment from funds to be apportioned Superintendent to administer ORS to ; board rules. The Superintendent of Public Instruction shall administer the provisions of ORS to The State Board of Education shall adopt all necessary rules not inconsistent with ORS to to carry into ef- fect the provisions of those statutes. [ Amended by 1963 c.570 8; 1965 x100 29; 1989 c.491 6; 1991 c Note: The amendments to by section 17, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws 199L The text ( 1989 Edition) is set forth for the user' s con- venience ~ The Superintendent of Public Instruction shall administer the provisions of ORS , , , and to The State Board of Education shall adopt all necessary rules not inconsistent with ORS to to carry into effect the provisions of those statutes [ Repealed by 1965 c Reports by districts. ( 1) Each school district, other than an education service district, shall file with the Superintendent of Public Instruction: a) By July 15 of each year, an annual report covering the school year ending on the preceding June 30; and b) By January 15, of each year, a December quarterly report covering the quarter of the current school year commencing October 1 and ending December 31. 2) Each such report shall show the average daily membership of resident pupils of the district for the period covered and shall also contain such other information as the Superintendent of Public Instruction may require. [ Formerly ; 1973 c [Amended by 1955 c ; 1957 c ; repealed by 1963 x Audit statements filed with department; effect of failure to file or insufficiency of statement. Every common or union high school district shall file a copy of its audit statement with the Department of Education within six months of the end of the fiscal year for which the audit is required. If the audit report, as submitted to the district, fails to provide the detail necessary for the computation required in the administration of ORS to , , , , and this section, the district shall submit the necessary information on forms provided by the department within the time prescribed for filing the audit in this section. Any district failing to file a copy of its report under this section or ORS shall not receive any payments from the State School Fiend until such reports are filed. [ 1965 x199 1; 1977 x840 9; 1989 c.491 7; 1991 c Note: The amendments to by section 18, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws 199L The text ( 1989 Edition) is set forth for the user' s con- venience Every common or union high school district shall file a copy of its audit statement with the Department of Education within six months of the end of the fiscal year for which the audit is required. If the audit report, as submitted to the district, fails to provide the detail necessary for the computation required in the administration of ORS , to , , , , , , and this section, the district shall submit the necessary information on forms provided by the department within the time prescribed for filing the audit in this section. Any district failing to file a copy of its report under this section or ORS shall not receive any payments from the Basic School Support Fund until such reports are filed [ Amended by 1955 c.314 R; 1957 c ; repealed by 1963 c [ Amended by 1957 c.626 4; repealed by 1963 x Increased allocation when union high school district becomes common school district. ( 1) When a union high school district becomes a common school district, as described in ORS , the common school district shall be entitled to 30-35

40 EDUCATION AND CULTURAL. FACILITIES an increased allocation, based on the total average daily membership, as defined in ORS , of the new common school district as follows: a) An additional 15 percent in the first year of operation as a common school district; b) An additional 10 percent in the sec- ond year of operation as a common school district; and c) An additional five percent in the third year of operation as a common school district. 2) The amounts authorized by this section shall be computed based on the compu- tation of -the affected district's allocation of moneys from the State School Fund but shall be ayable from funds specifically appropriated for the purposes of this section. [ 1ss9 c.969 1J Note: Le slative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School blind. The change is operative June 30, See section 38, chapter 780, Oregon Laws [ Amended by 1955 c.314 2; repealed by 1963 c Increased allocation when certain merger occurs. ( 1) If a school district responsible for education in kindergarten through grade 12, that does not operate a high school, merges with a district providing education in kindergarten through grade 12, the district providing the education shall be entitled to an increased allocation, based on the average daily membership of the former district, as follows: a) An additional 15 percent in the first year of operation of the merged district; b) An additional 10 percent in the second year of operation of the merged district; c) An additional five percent in the third year of operation of the merged district. 2) The amounts authorized by this section shall be computed based on the computation of the affected district' s allocation of moneys from the State School Fund but shall be payable from funds specifically appropriated for the purposes of this section. [ 1ss9 x969 2] Note: Legislative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38 chapter 780, Oregon Laws [ Repealed by 1955 c Minimum apportionment to school districts affected or not affected by ORS and ( 1) Subject to the limits of funds appropriated for the implementation of ORS and , a school district shall not be apportioned less for its average daily membership for any year subsequent to the fiscal year than was estimated for the fiscal year. 2) If the funds appropriated for the implementation of ORS and are insufficient to meet the obligations incurred under ORS and , each district eligible to receive funds under ORS or shall receive its pro rata share of the funds available for the implementation of ORS and [ 1989 x [ Repealed by 1963 c [ 1957 x612 16; 1959 c ; 1965 x100 23; renumbered ] [ 1989 c.971 l; repealed by 1991 c [ Repealed by 1957 c [ 1989 c.971 2; repealed by 1991 c [ Repealed by 1957 c [ 1989 c.971 3; repealed by 1991 c [ Repealed by 1957 c [ 1989 c.971 4; repealed by 1991 x M.220 [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 x [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c COMMON SCHOOL FUND 327A03 Definition for ORS 327A05 to As used in ORS to , unless the contest requires otherwise, " administrative office for the county" means the administrative office of the education service district, the county school district, or any common school district which includes an entire county. [ 1965 c100 30; 1991 c AO5 Common School Fund; composition and use. The Common School Fund shall be composed of the proceeds from the sales of the 16th and 36th sections of every township or of any lands selected in lieu thereof, all the moneys and clear proceeds of all property which may accrue to the state by escheat or forfeiture, the proceeds of all gifts, devises and bequests made by any person to the state for common school purposes, the proceeds of all property granted to the state when the purpose of such grant is not stated, all proceeds of the sale of submerged and submersible lands as described in ORS , and all proceeds of the sale of the 500,000 acres of land to which this state is entitled by an Act of Congress approved September 4, 1841, and of all lands selected for capitol building purposes under Act of

41 STATE FINANCING Congress approved February 14, All such proceeds shall become a part of the Common School Fund. Except as otherwise provided by law, the income from the Common School Fund shall be applied exclusively to the support and maintenance of common schools in each school district. All lawful claims for repayment of moneys under the provisions of ORS to , or out of escheated estates and for attorney fees and all other expenses in any suit or proceeding relating to escheated estates shall be audited by the Division of State Lands and paid from the Common School Fund Account. [ Amended by ; 1965 c ; 1969 c.338 3; Note: See note under Apportionment of Distributable Income Account of Common School Fund to counties. The Division of State Lands shall apportion the balance of the Distributable Income Account of the Common School Fund established under ORS , after deductions authorized by law, among the several counties semiannually commencing on January 1, 1983, or more frequently if the State Land Board so orders, in proportion to the number of children resident therein between the ages of 4 and 20 as determined pursuant to ORS to The amount apportioned to each county shall, within 30 days, be placed in the custody of the county treasurer, who shall report the same to the administrative office for the county for distribution among the school districts of the county. [ Amended by 1965 c ; ; 1971 x294 2; 1982 s.s.2 al Apportionment to school districts. Within two weeks after receipt from the Division of State Lands of the county' s share of the Common School Fund, the executive officer of the administrative office for the county shall apportion the fund among the several districts in the county. As soon as any such apportionment has been made, the county treasurer shall draw warrants on the county treasury in favor of the districts for their respective shares, and transmit the warrants to the boards thereof. However, the county treasurer shall not issue or transmit any such warrant to any board until the bond for the person designated as custodian of the funds of the district has been received, examined and approved by the executive officer of the administrative office for the county and filed as a part of the records thereof. [ Amended by 1963 c ; 1965 c ; 1971 c AN Basis of apportionment. (1) The basis of all apportionments of the Common School Fund shall be the reports of the resident average daily membership for the preceding fiscal year as reported by the district to the administrative office ' for the county and on file therein at the time of making such apportionments. 2) In the case of a joint school district, the resident average daily membership reported to the administrative office of the counties comprising the district shall be prorated between the counties as the resident enrollment of the district is prorated between the counties. [ Amended by 1965 c ; 1971 c Loans and investment of funds; determination of interest rate. ( 1) All moneys belonging to the Common School Fund and not required to meet current ex- penses shall be loaned by the Division of State Lands at a rate of interest fixed by the division except as otherwise specified in ORS ( 3). The division may consult with and obtain the recommendation of the Oregon Investment Council in fixing the in- terest rate. 2) Common School Fund moneys may be loaned in accordance with the repayment plan contained in ORS and in ORS ( 4), except that loans on property within the corporate limits of towns or cities shall be payable in not more than 15 years on the amortization plan. 3) If at any time there is a Common School Fund surplus over and above all loans applied for, such portion of the surplus as the division deems proper may be invested as provided in ORS to , and The division may require the State Treasurer to deposit any such surplus, until it is able to loan same, in qualified state depositories, upon the same terms and conditions as other public funds are deposited therein, in which event any interest received from any such state depository shall be credited to the fund on which such inter- est was earned. 4) Except as provided in ORS (3), the division may reduce the rate of interest to be paid upon outstanding loans from the Common School Fund and any trust fund placed in its charge, to correspond with the rate of interest to be paid upon new loans, but no reduction in rate of interest shall be made upon any of the loans until interest at the old rate has been paid in full to date of receipt of remittance at the office of the division. [ Amended by 1963 x326 2; 1965 c ; 1965 c.532 5; 1967 c ; 1969 x413 1; Security for loans. ( 1) The principal and interest of all loans shall be paid in lawful money of the United States. 2) Except for loans to students authorized by ORS , loans shall be secured by note specifying the fund from which the loan is made and mortgage to the Division

42 327A35 EDUCATION AND CULTURAL FACILITIES of State Lands on improved land within this state, or upon range or grazing land therein. Except as provided in ORS , the security for a secured loan shall be not less than twice the value of the amount loaned, and, except as otherwise provided in subsection 3) of this section, shall be of unexceptional title and free from all encumbrances. A secured loan may be secured by a deposit of obligations of the United States or of bonds or warrants of this state of a face value of not less than 25 percent in excess of such loans. 3) The division is not prohibited by subsection ( 2) of this section from making a secured loan merely because the land securing the loan is: a) Situated in an irrigation district, taking into consideration the amount of bonded indebtedness of the district as compared with the valuation of the real property of the district. rights. b) Subject to a reservation of mineral c) Subject to a lease of any kind. d) Subject to a statutory lien for public improvements. e) Subject to an easement. [ Amended by 1955 a352 1; 1959 c.90 1; 1963 x326 1; 1963 c.517 6; 1965 c.229 1; 1965 c Ascertainment of value and title of security. The Division of State Lands shall adopt methods, rules and regulations for ascertaining the value of and state of the title of any lands proposed as security for any loan under the provisions of ORS and All expenses of ascertaining title shall be borne by the applicant. The division may establish fees to be paid by the applicant for the appraisal of any property offered as security. [ Amended by A40 Loan repayment. Secured loans authorized by ORS shall be repaid in semiannual, quarterly or monthly instalments, as may mutually be agreed upon between the borrower and the Division of State Lands, and the instalments shall ag- gregate each year an amount equal to one year' s interest on the original principal of the loan plus an additional two percent of the original principal sum, except as provided in ORS Of the instalment so paid each year, the amount at the specified interest rate on the principal remaining unpaid shall be credited as interest and the balance credited to reduction of the loan principal. Borrowers from the fund shall have the right to make payments in excess of the amounts of such instalments, and the further right at any time to pay off such loans in part or full with interest to payment dates. [ Amended by 1965 c Custody of securities for loan; collection of interest. The Division of State Lands shall have custody of all notes, bonds and other securities covering secured loans made by it from any fund. The division shall take proper measures for the prompt collection of interest due on all loans from any such fund and place it to the credit of the fund from which the loan was made, to be paid out as provided by law. [ Amended by 1965 c Foreclosure of mortgages given to secure loans. ( 1) The Division of State Lands shall foreclose all mortgages taken to evidence loans from the Common School Find or other funds whenever more than one year' s interest on the loan is due and unpaid or whenever any mortgage becomes inadequate security for the money loaned. The division may foreclose its mortgage in the event of waste or any other im- pairment of the which the loan was made. Itproperty may also foreclose for de- linquency in payment of principal or interest instalments or in payment of taxes on' such property. 2) The division may bid in the land in the name of the state at a price not to exceed the total amount of the state' s claim or they may accept a deed or a release of the equity of redemption. Should it appear to the satisfaction of the division that the mortgagee cannot make the payment of interest and that foreclosure would work an injustice and that foreclosure is not then necessary to secure the fund from loss, the division may extend the time for paying such interest not exceeding two years. [ Amended by 1965 c Record of purchases by Division of State Lands on foreclosures; resale or lease of land; disposition of proceeds. The Director of the Division of State Lands shall keep a correct record of all purchases on foreclosures under ORS with a description of the lands so purchased or acquired, and a statement of the fund to which they belong. Such lands shall be placed in the hands of the director and sold or leased under the direction of the division on the best terms obtainable, and the proceeds, to the amount of the principal of the loans, shall be paid into the fund from which the loans were made, and the excess paid to the interest account of that fund Cancellation of unpaid taxes after deed to state in liquidation of loan. Whenever the Division of State Lands receives a deed to the State of Oregon of lands covered by a mortgage given to secure a loan from the Common School Fund in liquidation

43 STATE FINANCING 327A85 of the debt represented by the loan, the division shall send a written notice of the transaction to the county court of the county in which such deeded lands are situated. Upon the receipt of such notice, the county court shall cancel on the county tax records unpaid taxes levied and assessed against such property in that county. This section does not apply to tax liens of irrigation or drainage districts organized prior to the effective date of the lien of the division Cancellation of taxes on land acquired through foreclosure proceedings; right of redemption. ( 1) Excepting tax liens of irrigation or drainage districts organized before the effective date of the Division of State Lands' lien whenever the State of Oregon acquires property or lands through foreclosure of a mortgage given to secure a loan from the Common School Fund and the state has received the sheriffs deed made as a result of such foreclosure proceedings and the period for redemption has expired, the county court, or board of county commissioners, of the county in which such lands are situated shall cancel on the county tax records all the unpaid taxes levied and assessed against the property. 2) At the time the sheriff issues a certificate of sale in the foreclosure proceedings of any division mortgage, the sheriff shall serve a copy of the certificate upon the county judge, or the chairman of the board of county commissioners, of the county in which the foreclosure takes place. The county shall have a 60 -day period from the date of the sheriffs certificate in which to redeem the land by paying the division the full amount of its investment in the land, including principal and interest, foreclosure charges, abstracting expense, and any other necessary expense incurred by the division in said foreclosure proceedings When county court may ac- WheneW mo gaged lands deeded to state. vertedivision of State Lands receives a deed as described in ORS , the county court of the county in which the lands are situated may, within one year from the recorded date of such deed, acquire from the state the property so conveyed by paying to the state the total amount of the state' s investment in the property Use of Common School Fund moneys to comply with decree canceling fraudulent deed. ( 1) Where the court decree in a suit instituted by the State of Oregon to cancel and set aside any deed of lands from the State of Oregon alleged to have been procured by fraud and in violation of law grants relief to the State of Oregon which is conditioned on the payment of money, the Division of State Lands may pay from the Common School Fund the sum necessary to comply with the conditions of the decree. 2) This section shall not be considered as a legislative interpretation relieving the defendants in such suit from applying to the legislature for repayment of the purchase price of such land, or that the State of Oregon is not entitled to an accounting from the purchaser, the assignee, or successor in interest, for school or other lands obtained in violation of law, or that the State of Oregon must repay the purchase price of such lands, with or without interest as a condition of obtaining relief. This section is intended to prevent the loss to the State of Oregon of lands obtained in violation of law, where the court imposes as a condition for ggrranting relief the payment of money. GAmenffby 1965 c A82 Appropriation to reimburse fund for any loss. Out of the moneys in the General Fund, there is continuously appro- priated such sums as are necessary but not to exceed $ 100, 000 in total to reimburse the Common School Fund for any loss which may result from the failure of any student to repay the amounts loaned to the student under ORS , and for any amount which may result from the failure of loans to earn at least four percent interest. The computation required to determine the interest earned on the loans shall be made annually and the amount required to reimburse the fund shall be paid annually. [ 1965 c.532 9; 1967 x477 1) 3' ASS [ 1963 x570 32a; repealed by 1965 c Reimbursement for loss or failure to earn four percent interest. Moneys may be withdrawn periodically from the General Fund by order of the Division of State Lands to be credited to the Common School Fund to reimburse the Common School Fund for any loss which may result from the failure of any student to repay the amounts loaned to the student under ORS and annually on July 1 to pay to the Common School Fund any amount resulting from the failure of the total student loans to earn at least four percent interest in the receding fiscal year. [ 1965 c ; 1967 c ; 1967 c EDUCATION CASH ACCOUNT 327A85 Education Cash Account; composition; accounting. ( 1) The Educa- tion Cash Account of the General Fund consists of all moneys made available to the Department of Education by: a) Charitable and philanthropic foundations, organizations and agencies, which have not been dedicated for specific use by

44 EDUCATION AND CULTURAL FACILITIES requirements of other sections of Oregon Revised Statutes; b) Miscellaneous receipts; c) Collection of fees from sale, of supplies and publications compiled and furnished by the Department of Education and distributed or sold to other persons or groups; d).funds received as gifts, contributions and bequests for vocational education and moneys received as reimbursements for funds theretofore expended; e) Moneys received through issuance fees from graduate' equivalency certificates; f) Moneys received through charges to grants, contracts and ' costs; other funds for indirect g) Any other nondedicated moneys received by the Department of Education for which the Legislative Assembly has established an administrative funds limitation; and h) The provisions of this section do not relieve the department of its responsibilities to separately account for moneys received as trust funds. 2) Disbursements from the Education Cash Account shall be made as directed by the Department of Education. The department shall keep a record of all moneys deposited in such account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity against which each withdrawal is charged. [ 1961 a5m 1; 1965 x100 38; 1979 c Projects contracted to districts and institutions of higher learning. The State Board of Education may contract with school districts, community college districts and any institutions of higher learning in this state for the purpose of carrying out any phase of a project for which funds granted under ORS are available and may reimburse such districts and institutions from such funds. The board may make advance payments to the contracting districts or institutions based on the estimated cost of any service to be provided. Any payment to a district shall not be subject to the provisions of ORS to , and ( 1961 c.588 5; 1989 x A95 Appropriation of funds received for certain purposes. All moneys received by the State Board of Education for distribution to school districts, community college districts and any institutions of higher education in this state for the purpose of carrying out experimental and demonstration programs to improve teaching and teacher education in this state are hereby continuously appropriated for such purpose c.588 6; 1965 x , 1989 c NUSCELLANEOUS Commodity Programs) [ Repealed by 1965 c ] [ Repealed by 1965 c [ Repealed by 1965 x Acceptance and distribution of donated commodities to schools. The Department of Education may accept and distribute donated commodities available for either public or private nonprofit educational institutions, subject to state or federal law or regulation relating to such' acceptance and distribution. The department shall make a charge sufficient to cover but not exceed all costs of distribution to the individual schools. The charge may include administrative expenses, freight, warehousing, storing, processing and transshipment to the end that all participati ng schools shall receive such donated commodities at the same unit cost irrespective of location of the school with respect to the original point of delivery within the state. ( Amended by ] 968 c ' [ 1975 c.87 l; repealed School Lunch Revolving Account. The School Lunch Revolving Account, separate and distinct from the General Fund, is continuously appropriated for the purposes of ORS All money received under the provisions of ORS shall be paid by the Department of Education to the State Treasurer for credit to the School Lunch Revolving Account. Interest earned by the account shall be credited to the account. [ Amended by 1965 c ; 1975 c.87 2; ; 1989 c ; 1989 c [ Repealed by 1965 a School breakfast program; waiver; district election based on federal funding. ( 1) Subject to subsections ( 2) and 3) of this section, any school district that provides lunch at any school site shall make breakfasts accessible if 25 percent or more of the students at the site are eligible for free or reduced price lunches under the United States Department of Agriculture' s current Income Eligibility Guidelines or the school site qualifies for assistance under Chapter I of Title I of the federal Elementary and Secondary Act of ) The school district may apply to the State Board of Education for a waiver for all or for particular grade levels if it is financially unable to implement a breakfast program. The state board may grant a waiver to the school district for a period not to exceed two years, after which the school district must reestablish its claim of financial hardship if the waiver is to be extended.

45 STATE FINANCING ) If the per meal federal reimbursement for the free and reduced price breakfast profalls below the 1991 reimbursement levels, a school district may elect to discontinue the program until federal funding is restored to those levels. No waiver is required for such election. [ 1991 c Federal Aid to Education) [ 1953 c.273 2; repealed by 1959 x [ 1953 c.273 0; repealed by 1959 c [ 1953 c.273 4; repealed by 1959 x [ 1953 x273 5; repealed by 1959 c x15 [ 1953 c.273 6; repealed by 1959 x [ Amended by 1959 x654 1; 1961 c.624 5; repealed by 1965 c [ Repealed by 1965 c State Treasurer as trustee of funds. The State Treasurer shall serve as trustee of any federal aid to education funds apportioned to the State of Oregon Review of accounts affecting federal funds. The Executive Department shall cause a review to be made of the accounts and financial affairs of the State Board of Education, the Superintendent of Public Instruction and the Department of Education affecting any funds acquired from the Federal Government to aid education, in the same manner and under the same condi- tions as provided by law for the review of state departments and institutions. [ Amended by 1976 c ; 1989 c [ Repealed by 1965 c [ Amended by 1961 c.624 6; repealed by 1965 C AS5 Labor standards required on federally financed school construction. The Superintendent of Public Instruction shall provide, in the construction of school facilities financed in part through federal grants, for the enforcement of labor standards not less beneficial to employees on such projects than those required under sections 1 and 2 of the Act of Congress of August 30, 1935, as amended [ Repealed by 1965 c Financing of State and Federal Requirements) Financing of programs mandated by state and federal programs. The Legislative Assembly recognizes that: 1) Various programs adopted by the Legislative Assembly and by various state and federal agencies have fiscal and revenue impact on school districts. 2) To the greatest extent possible, state government should pay an appropriate share of expenses incurred by the districts as the result of mandates from the Legislative As- sembly and state agencies. [ 1989 c [ Amended by 1961 x624 7; repealed by 1965 c [ 1963 c.670 2; 1966 c ; 1983 x ; repealed by 1985 c [ Amended by 1957 c.626 5; repealed by 1966 c

46 EDUCATION AND CULTURAL FACILITIES 3042

47 Definitions DEFINITIONS COUNTY SCHOOL FUND County school fund; uses Apportionment to districts Partial apportionments 328,035 Payment of certain special education costs before apportionment of county school fund Apportionment of excess amounts; application as tax offset DOUGLAS COUNTY SCHOOL FUND Sources; use of interest Custodian of fund Loan of fund and rental of lands; dis. bursement of interest and rents Board of Douglas County School Fund 328JZ commissioners Chapter EDITION Local Financing of Education Law concerning Common School Fund to apply Loans to be made in name of treasurer, collection of sums due 3281M Services of county officers to be without charge; expense of making loan Sale, rental or lease of property; disposi- tion of proceeds COMMON SCHOOL FUND FOR DISTRICT NO. 1, ELAMATH COUNTY Sources; use of interest Custodian of fund; bond Investment and loan of fund and rental of lands; disbursement of interest and rents Directors as fund commissioners Laws governing loans of Common School Fund to apply Loans to be made in name of clerk; collection of sums due Services of clerk to be without charge; expense of making loan Sale and conveyance of property, disposition of proceeds BONDS Power to contract bonded indebtedness; use of proceeds to pay expenses of issue Bond elections Issuance of negotiable interest- bearing warrants Issue of bonds upon favorable vote Interest rate; signature; signed interest coupons 32& M Place of payment 32& W Limitation on bonded debt of districts generally 328.2b0 Limitation on bonded indebtedness of enlarged or reorganized school districts Registration of bonds and negotiable interest bearing warrants; delivery; disposition of proceeds; noncontestability Tax levy to pay interest and principal of bonds; use of funds derived from tax 32UM School district bond tag to be levied by governing body upon failure of district school board Payment of principal and interest collection commission prohibited Redemption and payment of bonds Funding or refunding district indebtedness Sale of bonds and interest- bearing war- rants DISBURSEMENTS; AUDITS Custody and disbursement of school district funds Disbursement of school funds by check or warrant School warrant procedure Cancellation of school warrants not presented for payment within seven years Annual audit procedure Purchase of automotive equipment; fund transfers TAXES AND INDEBTEDNESS 32& W Preparation of district budget; levy of taxes and submission of tag base proposal by school board Property liable for district indebtedness; tag levy 32&586 Power to create indebtedness for current expenses and bond retirement AD VALOREM PROPERTY TAX LEVY Definitions for ORS to Levy; certification; budget 32 &736 Amount of levy; determination Notice required; content; form CROSS REFERENCES Census of school age population of counties, County school fund, fines for employing minor in prohibited places, Joint construction of facilities, Kindergartens funded in same manner as other schools in district, Payments in lieu of taxes on city -owned electric utility property, Publicly owned dock facilities, payments in lieu of taxes to school district, Refund of certain taxes improperly collected, School census, determination, State financing of schools, Ch

48 EDUCATION AND CULTURAI. FACILITIES Unemployment insurance, , , , aM County forest receipts, County school fund, sources: Federal forest reserve receipts, Fines, , , Support of schools, sources: Federal Flood Control Act receipts, Federal Mineral Leases Fund, Taylor Grazing Act receipts, Apportionment, county unit system, Local legislation for preservation of school funds prohibited, Const. Art. N, Borrowing and bonds of districts, , Validity of bond issue, procedure to test, , Information on bond issues to Municipal Debt Advisory Commiasion, , Bond requirements of school district bonds, to Payment or reissuance of lost, mutilated or destroyed instruments, to Advance refunding bonds, state regulation, to Refinancing bonded indebtedness of civil subdivisions, Evidence of obligation to be surrendered when obligation paid, Liability for wrongful payment, Lost, stolen, destroyed warrants and other evidence of indebtedness, to

49 LOCAL FINANCING OF EDUCATION DEFINITIONS Definitions. As used in this chapter, unless the context requires other- wise; 1) " Administrative office for the county" means the administrative office of the county school district, of the education service district, or of any common school district which includes an entire county. 2) " School district" includes common and union high school districts. [ 1965 c ; 1971 e ; 1991 c COUNTY SCHOOL FUND County school fund; uses. ( 1) To create a county school fund, the governing body of each county shall provide annually, by levy upon all taxable property of the county, or otherwise, an amount at least equal to the lesser of: a) The minimum amount it was required to levy for the purposes of the county school fund in the tax year ; or b) Ten dollars per capita for all children within the county between the ages of 4 and 20 years, as determined pursuant to ORS to ) Federal forest reserve receipts allocated to schools under ORS , or other revenues specifically earmarked for schools under federal or state law, shall not be used to reduce the levy upon taxable property required by this section. 3) When a county governing body transfers federal forest reserve receipts under ORS ( 5) subject to a condition that such moneys be used only for a purpose described in ORS ( 1)( a) or ( b), a school district receiving a share of such moneys shall not use the moneys for any other purpose. [ Amended by 1965 x100 43; 1965 c.491 $ 1; 1967 c.107 l; 1971 c.294 4; 1989 c [Amended by 1963 c ; 1965 x100 44; repealed by 1975 c Apportionment to districts. On the first Monday in December the executive officer of the administrative office for the county shall apportion the county school fund among the several districts in the county, in proportion to the resident average daily membership for the preceding fiscal year in each district as reported by the dis- trict to the administrative office of the county. In the case of a joint school district, the resident average daily membership reported to the administrative office of the counties comprising the district shall be prorated between the counties as the resident enrollment of the district is prorated between the counties. Any balance accruing to the fund after the December apportionment shall be apportioned in the same manner at such other times during the year as the executive officer of the administrative office may consider advisable. [ Amended by 1965 c ; 1971 x294 5; 1975 x [ Amended by 1963 c ; 1965 x100 46; repealed by 1975 x [ Amended by 1965 c ; 1971 x294 6; repealed by Partial apportionments. The executive officer of the administrative office for the county, upon the written request of any district school board, may make a partial apportionment to any district of any money due it at the time of making a regular ap- portionment under ORS , and apportion the remainder at the next regular apportionment. The county treasurer shall pay any partial apportionment made under this section. [ Amended by 1963 c ; 1965 c ] Payment of certain special education costs before apportionment of county school fund. Before apportioning funds as provided in ORS and , the executive officer of the adminis- trative office for the county shall direct the county treasurer to pay the billing submitted by the Department of Education under ORS W.W. [1971 c.449 4, 1985 c portionment of excess amounts; app cation as tax offset. Any moneys in the county school fund in excess of the amount required by law may, by order of the county governing body be apportioned under ORS separately from remaining county school fund moneys. Amounts separately apportioned under this section to a school district shall not be considered a budget resource under the Local Budget Law but shall be used as an offset to the school district' s tax levy. [ 1979 c DOUGLAS COUNTY SCHOOL FUND Sources; use of interest. The proceeds of all gifts, devises and bequests made to Douglas County for common school purposes shall be set apart as a separate and irreducible school fund, to be called the Douglas County School Fund, the interest of which shall be applied to the support and maintenance of all common schools in said county Custodian of fund. The county treasurer shall be the custodian of the Douglas County School Fund. The bond as treasurer shall include the honest and faithful performance of the duties of the county treasurer as such custodian Loan of fund and rental of lands- disbursement of interest and rents. 1) The county treasurer shall loan the tillwi

50 EDUCATION AND CULTURAL FACILITIES Douglas County School Fund in the manner provided by law at the best rate obtainable per annum and shall rent all lands owned by the county belonging to the fund. 2) The county treasurer shall place the interest and rentals with other moneys the county receives for support of the common schools. The education service district board shall apportion and the county treasurer shall distribute the interest and rentals with, and in the same manner as, such other moneys. [ Amended by 1963 c Board of Douglas County School Fund commissioners. The chairman of the board of county commissioners, clerk and treasurer of Douglas County are apppolnted as a board of Douglas County School bimd commissioners. They shall approve all applications for loans as to title and value of security offered. The treasurer shall make no loan or lease any land until such board has given its approval. [ Amended by 1963 c Law concerning Common School Fund to apply. The laws governing the loaning of the Common School Fund of this state, so far as applicable and not in conflict with ORS to shall govern the loaning of the Douglas County School Fund Loans to be made in name of treasurer; collection of sums due. All loans shall be made in the name of the treasurer of Douglas County but for the benefit of the fund. The treasurer shall collect all sums due the fund in the manner provided by law Services of county officers to be without charge; expense of malaag loan. No officer of Douglas County shall charge or receive fees for any service performed in regard to the fund. All expenses of making a loan shall be paid for by the ap- plicant Sale, rental or lease of property; disposition of proceeds. The board of Douglas County School Fund commissioners may sell and convey by deed, executed by all of said commissioners, any and all real prop- erty devised to Douglas County for common school purposes, whenever in the udgment of such board the interest of the Uool fund will be subserved by such sale, or may rent or lease the same when it deems best. The board may invest the proceeds of such sale as provided in ORS to COMMON SCHOOL FUND FOR DISTRICT NO. 1, KLAMATH COUNTY Sources; use of interest. The proceeds of all gifts, devises and bequests made to School District No. 1, Klamath County, for common school purposes, for the use and benefit of said district shall be set apart as a separate and irreducible school fund, to be called the Common School Fund for District No. 1, Klamath County. The interest from the fund shall be applied to the support and maintenance of the common schools of said school district Custodian of fund; bond. The clerk of Klamath County School District No. 1 shall be custodian of the Common School Fund for District No. 1, Klamath County. The bond of the clerk shall require the honest and faithful performance of the duties of the clerk as such custodian. [ Amended 1989 c Investment and loan of fund and rental of lands; disbursement of interest and rents. ( 1) The board of common school fund commissioners for Klamath County School District No. 1 may invest all or part of the fund in bonds of the United States of America. With regard to any funds not so invested, the district clerk shall loan the fund in the manner provided by law at no less than four percent per annum and rent all lands owned by the district belonging to the fund. 2) The interest accruing from such investments and loans and the rent of said lands, shall be placed by the clerk with other school district moneys and be distributed by the clerk with such other moneys in the manner provided by law and the order of the directors or trustees of the district Directors as fund commissioners. The directors of School District No. 1 of Klamath County are appointed as a board of common school fund commissioners for the district to approve all applications for loans as to title and value of the security offered. The security shall be real property in Klamath County of at least double the value of the loan. The clerk of the district shall make no loan or release any security without prior board approval Laws governing loans of Common School Fund to apply. The laws governing loaning of the Common School Fund of this state, so far as applicable and not in conflict with ORS to shall govern the loaning of the Common School Fund for District No. 1, Klamath County Loans to be made in name of clerk, collection of sums due. All loans shall be made in the name of the clerk of School District No. 1 of Klamath County, but for the benefit of the fund. The clerk shall collect all sums due the fund in the manner provided by law. The principal shall be reloaned

51 LOCAL FINANCING OF EDUCATION Services of clerk to be without charge; expense of making loan. The clerk of the district shall not charge or receive fees for any services performed in regard to the fund. All expenses of making a loan shall be paid for by the applicant Sale and conveyance of property; disposition of proceeds. The board of directors of School District No. 1, HIamath County, may sell and convey by deed, executed by all the members of said board of directors, any and all real property devised to the district for common school purposes, or any and all real property acquired by the district in connection with the administration of said fund, whenever in the board's Judgment the interests of the school fund will be subserved by such sale. The board shall pay over the proceeds of such sale to the clerk of the district to be invested the same as other moneys belonging to the fund. BONDS Power to contract bonded indebtedness; use of proceeds to pay expenses of issue. ( 1) Common and union high school districts may contract a bonded indebtedness for any one or more of the following purposes in and for the district: a) To acquire, construct, reconstruct, improve repair, equip or furnish a school building or school buildings or additions thereto; b) To fund or refund the removal or containment of asbestos substances in school buildings and for repairs made necessary by such removal or containment; c) To acquire or to improve all property, real and personal, appurtenant thereto or connected therewith, including school buses; d) To fund or refund outstanding indebt- edness; and e) To provide for the payment of the debt. 2) However, when a common or union high school district is found under ORS not to be a standard school or when a school district is operating a conditionally standard school under ORS ( 3), the school district may contract a bonded indebtedness only for the purposes enumer- ated in subsection ( 1) of this section that are approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education. 3) The school district may use the proceeds received from the sale of school district bonds to pay for any costs incurred by such school district in issuing and selling such bonds including, but not limited to, at- torney fees and the cost of publishing notices of bond elections, printing such bonds and advertising such bonds for sale. [ Amended by 1957 c.658 l; 1959 c.447 1; 1965 c ; 1971 x613 61; 1989 c ; 1989 c Bond elections. ( 1) The board of directors of a common or union high school district shall call an election on a date specified in ORS for the purpose of submitting to the electors of the district a question of contracting bonded indebtedness under ORS when: a) A majority of the board of directors decides to car such an election; or b) A petition requesting such an election is filed with the board of directors as provided in this section. 2) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS to The petition shall specify the proposed amount of bonded indebtedness. [ Amended by 1957 c.658 2; 1965 x100 50; 1971 x513 62; 1973 c.57 1; ; 1979 x424 1; 1983 a83 46; 1983 c Issuance of negotiable interest- bearing warrants. ( 1) When authorized by a majority of the electors of the district, the board of a common or union high school district may contract a district debt for an amount which together with outstanding bonded indebtedness shall not ex- ceed the bonding limit of the district as provided by ORS , for the purposes specified in ORS and issue negotiable interest - bearing warrants of the district, evidencing such debt, and fig the time of payment of the warrants. Such warrants shall be considered a type of bond. 2) The school district, not more often than once a year, may levy a tag on the taxable property of the district to pay the warrant interest or principal when due. The taxes shall be collected in the same manner as other school taxes. These warrants shall be sold, and the principal and interest provided for and paid when due in the manner provided by law for bonds issued under this chapter. [ Formerly ; 1971 c ; 1983 c.83 47; 1991 c ,215 [ Amended by 1957 c.310 3; 1965 c ; ; repealed by al [ Repealed by 1963 c [ Repealed by 1961 c Issue of bonds upon favorable vote. If the electors of the district approve the contracting of bonded indebtedness, the board of directors, without further vote of the electors, shall issue negotiable coupon bonds of the district, at such time or times as the board directs. [ Amended by 1966 c ; 1971 c.140 1; 1983 c ]

52 EDUCATION AND CULTURAL FACILITIES Interest rate; signature; signed interest coupons. The bonds shall: 1) Bear interest, not exceeding the rate established pursuant to ORS to , payable semiannually. 2) Be signed by the chairman of the district school board and attested by the district clerk or deputy clerk. Bonds of issues of $ 1 million or more may be executed with the facsimile signature of the chairman of the district school board and attested by the original signature of the district clerk or deputy clerk. 3) Have annexed interest coupons bearing the original or facsimile signatures of the chairman of the district school board and district clerk or deputy clerk. [ Amended by 1971 c ; 1977 c.311 1; 1981 c Place of payment. The principal and interest on district bonds are payable in lawful money of the United States of Amer- ica at the office of the treasurer or fiscal officer of the county in which the M%pr portion of the assessed valuation of the s- trict is located at the time the bonds are issued. [ Amended by 1965 c ; 1983 c Limitation on bonded debt of districts generally. The aggregate amount of such district bonded indebtedness, including indebtedness authorized under ORS , shall not exceed the following per- centages of real market value of all taxable property within the district, computed in ac- cordance with ORS : 1) For each grade from kindergarten to eighth for which the district operates schools, fifty -five one - hundredths of one per- cent (. 0055) of the real market value. 2) For each grade from the 9th to 12th for which the district operates schools, seventy -five one - hundredths of one percent 0075) of the real market value. [ Amended by 1953 c.697 2; 1955 x325 1; 1957 x639 1; 1959 c ; 1963 c.9 16; 1965 x100 55; 1971 c ; 1975 c.770 5a; 1991 c Limitation on bonded indebt- edness of enlarged or reorganized school districts. In any school district created by merger or reorganization, the amount of bonded indebtedness and negotiable interest - bearing warrant indebtedness which may be incurred under ORS shall be reduced by the amount of premerger, prereorganization, bonded indebtedness and negotiable interest- bearing warrant indebtedness for which any school district included in an enlarged or reorganized school district remains liable. [ Amended by 1965 c Registration of bonds and negotiable interest - bearing warrants; delivery; disposition of proceeds; noncontestablity. (1) The county treasurer or county fiscal officer shall register each school district bond, including refunding bonds, and negotiable interest- bearing warrants in a book kept for that purpose, noting the school district, amount, date, time and place of payment, rate of interest and such other facts as may be deemed proper. The count treasurer or fiscal officer shall cause the Bonds or warrants to be delivered promptly to the purchasers thereof upon payment therefor, and if the place of delivery is outside the city in which the county treasurer or county fiscal officer' s office is situated the cost of delivery of the bonds or warrants shall be paid by the issuing school district. 2) The county treasurer or county fiscal officer or a custodial officer as defined in ORS may hold the proceeds of the sale of the bonds or warrants for all school districts except county school districts subject to the order of the district school board to be used solely for the purpose for which the bonds or warrants were issued. If the treasurer or fiscal officer holds the proceeds initially, then the treasurer or fiscal officer, as soon as practicable, shall deliver the pro- ceeds of the sale of the bonds and warrants to the person designated as custodian of the school district funds under ORS ) When the bonds or warrants have been so executed, registered and delivered, their legality shall not be open to contest by the school district, or by any person for or on its behalf, for any reason whatever. Amended by 1953 c.236 2; 1955 c.312 l; 1965 c ; 1981 x M Tax levy to pay interest and principal of bonds; use of funds derived from tax. (1) The district school board shall ascertain and levy annually, in addition to all other taxes, a direct ad valorem tax on all the taxable property in the school district, sufficient to pay the maturing interest and principal of all serial school district bonds promptly when and as such payments become due. The amount of the tax may be increased by an amount sufficient to retire any bonds that may be callable. The board shall in each year include the taxes in the school district budget for such year. The taxes shall in each year be certified, ex- tended upon the tax rolls and collected by the same officers in the same manner and at the same time as the taxes for general county purposes. 2) The funds derived from the tax levies may be retained by the county treasurer or county fiscal officer without being paid to the school district or may be held in trust by a banking institution as defined in ORS

53 LOCAL FINANCING OF EDUCATION or savings association or federal association as defined in ORS designated by the district to hold the funds. The funds shall be kept in a separate fund to be known as and designated " School District No. Bond Interest and Sinking Fund," which shall be irrevocably pledged to and used solely for the payment of the interest accruing on and the principal of the bonds when due, so long as any of the bonds or the coupons thereto appertaining remain outstanding and unpaid. The interest earnings of the fund shall be credited thereto and become a part thereof. For failure to retain and account for such funds, as provided in this section, the county treasurer, county fiscal officer or bank, savings bank, savings and loan association or trust company designated by the district shall be liable upon the offi- cial bond of the treasurer, other officer or institution, respectively. 3) The fund shall not be diverted or used for any other purpose; but if a surplus re- mains after all interest and principal have been paid on all serial school district bonds then outstanding and unpaid, the surplus may be transferred to such other fund as the district school board may direct. [ amended by 1955 c.467 1; 1965 x100 57a; 1981 c441 2; ] School district bond tax to be levied by governing body upon failure of district school board. ( 1) The district school board of each school district having an outstanding bond issue shall file annually with the county treasurer or county fiscal officer a copy of the school district budget and tax levy. 2) If the tax required by ORS is not levied by the district school board, the county treasurer shall certify the amount necessary to the governing body of the county which shall then levy a tax on all taxable property in the appropriate school district sufficient to raise the required amount. 3) The county assessor shall extend the tag so levied upon the county tax rolls for such school district. The tag collector shall collect the tax and pay the sums collected into the county treasury to the credit of the fund established by ORS [ Amended by 1965 c ; 1973 c Payment of principal and interest; collection commission prohibited. 1) The county treasurer or county fiscal officer must cause to be paid out of any money in the hands of the county treasurer or county fiscal officer belonging to the school district, the interest on or principal of, as the case may be, any bond issued by the district promptly when and as the same becomes due at the place of payment designated in such coupons or bonds. All coupons or bonds so paid must be immediately reported to the district school board. 2) No county treasurer, county fiscal officer or district school board shall pay to the purchaser of any bond issued by a school district, or to any agency representing such purchaser, any commission whatsoever for the collection of the interest on or principal of any such bond. The county treasurer or county fiscal officer shall not be required to remit to the purchaser of any bonds or coupons the amount necessary to redeem them until the day such bonds or coupons are due. Amended by 1965 c a] Redemption and payment of bonds. ( 1) Whenever the sinking fund mentioned in ORS is sufficient to permit the redemption of any bond then subject to redemption at the option of the school district, the county treasurer or fiscal officer of the county having custody of such fund, when authorized by the district school board, shall call such bond for redemption in accordance with the terms of the bond. If any holder of such bond fails to present it at the time mentioned in the published notice of redemption, the interest thereon shall cease, and the treasurer shall thereafter pay only the amount of such bond and the interest accrued thereon up to the date of redemption. 2) When any bonds are so redeemed, the county treasurer or county fiscal officer shall cause the same to be canceled and write across or stamp upon the face thereof " Redeemed" and the date of redemption, and shall deliver them to the district school board of such school district and take its re- ceipt therefor. 3) Each county treasurer or county fis- cal officer and the sureties on the official bond of the county treasurer or fiscal officer as such, shall be liable to any school district in the county for any funds placed in the hands of such treasurer or county fiscal officer in connection with the school district's bond issues. [ Amended by 1965 e ; 1973 c.57 2; 1983 c Funding or refunding district indebtedness. ( 1) Whenever any school district has any outstanding negotiable interest- bearing warrant indebtedness or bonded indebtedness incurred in building or furnishing any schoolhouse, or for the purchase of any schoolhouse site, or in refimding bonded indebtedness, or in funding warrant indebtedness, which is due or subject at the option of the school district to be 30-49

54 EDUCATION AND CULTURAL FACILITIES paid or redeemed, the school district, by and through its district school board, may: a) Issue and exchange, for any such indebtedness, its bonds bearing interest at a rate determined by the district school board, or b) Issue and sell such bonds and apply the proceeds of such sale in payment of the indebtedness for the payment of which the refunding bonds are proposed to be issued. 2) Refunding bonds issued under subsection ( 1) of this section shall in all respects conform to, and be governed, as to their issue, by the provisions of ORS , and to ) The refunding of indebtedness and issuing of bonds for such purpose shall not require an election, but may be done by resolution of the district school board at any legally called board meeting. The debt limitations imposed by law shall not affect the right of any school district to issue refunding bonds under authority of this section. The validity of any bonds so issued, or of the indebtedness thereby refunded, shall not thereafter be open to contest by the school district or by any person for any reason whatever. [ Amended by 1965 c ; 1965 c.315 l; 1981 c.94 28; 1983 c [ Amended by 1961 c.260 l; 1965 c ; renumbered ,290 [ Repealed by 1983 c a] Sale of bonds and interest - bearing warrants. All school bonds, including funding and refunding bonds, notes and negotiable interest - bearing warrants which have been specifically authorized by vote of the electors, shall be advertised for sale and sold in the manner prescribed in ORS to [ Amended by 1965 c ; 1975 c ,905 [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c LW [Repealed by 1957 c L350 [ Repealed by 1957 c LW [Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ 1953 c.72 l; repealed by 1957 c DISBURSEMENTS; AUDITS [ Repealed by 1963 c [ Repealed by 1963 c [ Repealed by 1965 c [ Amended by 1963 c ; repealed by 1965 c [ Repealed by 1963 x [ Amended by 1957 c. 110 l; 1963 c ; repealed by 1965 c & 435 [ Repealed by 1965 c [ Repealed by 1953 c Custody and disbursement of school district funds. ( 1) Common school district boards and union high school district boards shall designate the persons to be custodians of school funds of their respective districts. Such funds shall be disbursed only in the manner provided by ORS ( 1). 2) A county school board, by resolution entered in its record of board proceedings, may designate the person to be the custodian of the school district funds. In such case, subsections ( 1), ( 2) and ( 3) of this section shall apply to the county school district and subsection ( 4) of this section shall not apply. 3) For the purpose of receiving deposits of school funds, the district school board of each district described in subsections ( 1) and 2) of this section shall designate such bank or banks within the county or counties in which the district is located, as the board deems safe and proper depositories for school district funds. The custodian designated under subsection ( 1) or ( 2) of this section shall not be liable personally or upon official bond of the custodian for moneys lost by reason of failure or insolvency of any bank which becomes a depository under this subsection. 4) If the district does not designate a custodian of school funds, the county treas- urer or county fiscal officer shall be custo- dian of funds of all school districts. School district funds in the county treasurer' s or county fiscal officer' s custody shall be disbursed only upon warrants drawn on the county treasurer or county fiscal officer by the district school board in the manner provided by law. 5) The proceeds of the sale of school district bonds or warrants shall be used solely for the purpose for which the bonds or warrants were issued, including reduction of existing bond or warrant indebtedness c.89 2, 3, 4; 1955 c.312 2; 1965 c ; ; 1981 c Disbursement of school funds by check or warrant. ( 1) When funds are available for payment, school district obli- gations shall be paid by check bearing the original signature of the custodian of the district school funds; or if authorized by the district school board, the custodian' s facsimile signature. 2) Where a statute specifies a warrant as the means by which school district obligations shall be paid, warrant means 30-50

55 LOCAL FINANCING OF EDUCATION check" if funds are available for payment. Amended by 1965 c ; 1971 c School warrant procedure. ( 1) As used in this section, " school district obligation" includes salaries of district employees and other regularly contracted services. 2) Except as provided in ORS ( 2), warrants in payment of school district obligations shall be issued only when there are insufficient funds to pay the warrant and shall, be indorsed " not paid for want of funds ". Warrants may be issued at the end of each school month, if necessary. School warrants shall not be issued without a vote of the district school board. They must be signed by the chairman of the board and countersigned by the district clerk. If the chairman is absent or unable to execute the warrants, the board may authorize any member of the board to act as chairman in executing the warrants. 3) Unless the district school board has designated a lower rate of interest, which rate must appear on the face of the warrants, warrants indorsed " not paid for want of funds" shall draw the legal rate of interest from date of indorsement until paid. 4) Funds becoming available for payment of warrants indorsed " not paid for want of funds" shall be applied in payment in the order in which the warrants were so indorsed. Amended by 1965 x SA56 [ Repealed by 1965 c Cancellation of school warrants not presented for payment within seven years. ( 1) At the last regular district school board meeting preceding July 1 in each year, the district clerk shall certify to the board a list of all school district warrants which were called for payment more than seven years prior to July 1 next following the meeting, and which have not been paid. The certification shall state the amount of each of such warrants, to whom issued, and date of issuance. The district school board shall cause notice to be published. Publication shall be in some newspaper pub- lished in the district and having a general circulation therein, or if no newspaper is published in the district, then in some paper published in the county in which the school district is located having a general circulation in the district. The notice shall contain a statement that if such warrants are not presented for payment within 60 days from July 1, they will be canceled, and payment thereof will be refused. 2) At the first regular meeting of the district school board in each school district after the expiration of 60 days from July 1 in each year, the board shall make an order that all such warrants which have not been so presented for payment, describing them, shall be canceled. The board shall cancel all such warrants which were called for payment more than seven years prior to July 1 of that year. 3) This section shall not prohibit the district school board, in its discretion, from paying, upon any claim ansing from the canceling of any such warrant, the principal of the warrant when presented without interest if not indorsed for want of funds and, if indorsed for want of funds, with interest to the date such warrant was called. [ Amended by 1965 c Annual audit procedure. ( 1) All common and union high school district boards shall cause to have prepared an annual audit of the books and accounts of the district in the manner set forth in subsection 2) or ( 3) of this section. County school districts shall cause the audit to be prepared as provided in subsection ( 3) of this section. The audit statements must be filed with the ad- ministrative office for the county on or be- fore November 1 of the year in which the audit is conducted. 2) The district school board may contract for its audit with the administrative office for the county in which the administrative office of the school district is located. The administrative office for the county shall secure the services of accountants who shall audit the books and accounts of the districts and file with the administrative office for the county a statement setting forth the finan- cial condition of each district. A copy of the audit report of the district shall be sent to the appropriate district board. Each district, upon receipt of billing from the administrative office for the county, shall pay its share of the audit costs. 3) The district board may employ accountants to audit the books and accounts of the district. 4) Accountants employed under subsection ( 2) or ( 3) of this section must be selected from the roster of authorized municipal accountants maintained by the State Board of Accountancy under ORS [ 1965 c ; 1975 c Purchase of automotive equipment; fund transfers. Notwithstanding ORS to and any other provision of law, any school district board by resolution may provide for the replacement or acquisition of automotive equipment by making transfers from the districts general fund to a fund established for that purpose. Transfers to the fund shall be included in the school district budget prepared and published in accordance with ORS to , and If at any time conditions

56 EDUCATION AND CULTURAL FACILITIES arise which dispense with the necessity for further transfers to or expenditures from a fund established pursuant to this section, the district school 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 fund closed. [ 1969 c TAXES AND INDEBTEDNESS 328,606 [ Amended by 1953 c. 146 l; repealed by 1959 x SM10 [Repealed by 1953 c [ Amended by 1957 c.310 4; repealed by 1959 c [Amended by 1955 x486 l; repealed by 1965 c [ Repealed by 1963 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c M2 Preparation of district budget; levy of taxes and submission of tax base proposal by school board. ( 1) Subject to the Local Budget Law ( ORS to , and ), to ORS to and to sections 11 and Ila, Article XI, Oregon Constitution, each school district board shall prepare annually the budget of the school district and shall levy a tax upon all assessable property in the school district. 2) In any even - numbered year following July 1 of a fiscal year for which a levy for a single year for operating purposes not within the tax base is made by a school district, the school district shall submit to the electors of the district a proposal to establish a new tax base. ( 1977 c ; 1979 x241 57; 1987 c [ Repealed by 1963 c [ Amended by 1965 c ; 1967 c.605 1; 1975 c.770 8; repealed by 1981 c Property liable for district indebtedness; tax levy. ( 1) All taxable property in a school district at the time any indebtedness is incurred by such district and all taxable property subsequently located in the area comprising such district shall be liable to taxation for the payment of such indebtedness until paid. 2) No taxable property in territory included in a school district whose boundaries change as a result of creation, annexation, abolition and other alteration of the school district shall be relieved from liability for any indebtedness incurred prior to a boundary change. The district school board of the district in which are located the school facilities for which the indebtedness was incurred shall levy an annual tax on all taxable property in such territory sufficient to meet the interest payments and retire the indebtedness, but no tax levy shall be necessary as long as other provisions are made for the payment of the indebtedness. 328M [ 1953 c.286 l; 1957 c.310 5; 1957 c.426 2; repealed by 1965 c Power to create indebtedness for current expenses and bond retirement. As provided by ORS , any district school board may contract indebtedness by the issuance of warrants or short -term promissory notes for the purpose of meeting current expenses, retiring outstanding bonds or warrants, or.paying the interest thereon. Formerly and then ; 1983 c.124 9; 1985 c AD VALOREM PROPERTY TAX LEVY Definitions for ORS to As used in ORS to and section Ila, Article XI, Oregon Constitution, unless the context requires otherwise: 1) " Levy," " levies" or " levy for operating purposes" means any ad valorem property tax levy of a school district, but does not in- clude: a) An amount levied for the payment of bonded indebtedness or the interest thereon outside the limitation imposed under subsections ( 1) and ( 2) of section 11, Article XI, Oregon Constitution, as described under paragraph ( a) of subsection ( 3) of the same section 11, Article XI, Oregon Constitution. b) Any amount of levy submitted wholly or partially for the purpose of capital construction, as described in ORS ( 3), whether levied for a single or more than one year. c) Any levy authorized for levy under ORS for a period of time of more than three years. 2) " School district" means a common or union high school district described in ORS and an education service district that levies taxes for its component school districts as described in ORS to ) " Standard school" means a standard school as defined under rule of the State Board of Education. [ 1987 c. 16 2; 1987 x Note: to were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 328 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation Levy; certification; budget. ( 1) If, on September 28 of the fiscal year, in the judgment of a school district board, the school district does not have sufficient resources to fund school operations necessary to meet the requirements for a standard school for that year, the school district board must determine, as provided under ORS , the amount of the levy authorized

57 LOCAL FINANCING OF EDUCATION under section 11a, Article XI, Oregon Constitution, and then shall certify a levy within the amount so determined and give notice of levy to the appropriate county assessor as provided under ORS )( a) A school district board that has not adopted, by the date specified in paragraph b) or ( c) of this subsection, a budget that includes as resources only available resources, must revise its budget, in the manner provided under ORS ( 6), including as resources any revenues from the levy determined and certified under subsection ( 1) of this section, adjusting budgeted resources and reducing appropriations, if necessary, in the manner that will permit school operations necessary to meet the requirements for a standard school for the budget year. b) A school district required to determine and certify a levy under subsection ( 1) of this section shall adopt a budget pursuant to paragraph ( a) of this subsection by September 28 of the budget year. c) A school district other than a school district described in paragraph ( b) of this subsection shall adopt a budget pursuant to paragraph ( a) of this subsection by November 15 of the budget year. 3) Notwithstanding ORS and , a school district that is required to determine and certify a levy under sub- section ( 1) of this section shall not submit a question of a levy outside its tax base for operating purposes that may be levied in the current fiscal year after the third Tuesday in September. [ 1987 c. 16 5; 1987 x Note: See note under Amount of levy; determination. ( 1) The amount of the ad valorem property tax levy, as excepted by section 11a, Article XI, Oregon Constitution, from the limitation of section 11, Article XI, Oregon Constitution and as limited under the same section 11a, shall be determined as follows: a) From the total amount levied for operating purposes by the school district for the preceding fiscal year, subtract the sum of the following: A) The full amount of the tax base of the school district for the year for which the levy is being determined. B) The full amount of any levy, in the year for which the levy is being determined, for operating purposes specifically voted outside the limitation imposed under subsections 1) and ( 2) of section 11, Article XI, Oregon Constitution, pursuant to paragraph ( b) of subsection ( 3) of the same section 11, whether levied serially or for a single fiscal year. b) For purposes of determining the amount of the levy under paragraph ( a) of this subsection, the amount of a rate serial levy, as described under ORS ( 1)( b), shall be the dollar amount specified by the school district in making the levy as required under ORS ) If a school district merges with one or more other school districts, in the first fiscal year of the merger and in which a levy amount is being computed as provided under subsection ( 1) of this section, the levy amount so determined shall be equal to the sum of the levy amounts so determined for each of the school districts included in the merger. section: 3) For purposes of subsection ( 2) of this a) Merger includes any alteration, annexation, merger, consolidation, lengthening the course of study, or other change under ORS to , to , ORS chapter 333, and in the case of education service districts to which ORS to apply, ORS to b) Merger includes only those proceedings in which the entire territory of an involved school district is merged. If the entire territory of a school district is merged with more than one other district, the levy amount computed for the school district as provided under subsection ( 1) of this section shall be apportioned on the basis of equalized assessed valuation. 4) The Department of Revenue shall adopt rules to carry out ORS to [ 1987 c.16 3; 1989 c.236 1; 1991 x provides: Note: Section la, chapter 236, Oregon Laws 1989, Sec. la. The amendments to ORS by section 1 of this Act apply to any merger that is first reflected on the assessment rolls prepared for an assessment year beginning on or after January 1, [ 1989 c.236 1al Note: See note under Notice required; content; form. 1) Notwithstanding the date specified under ORS or for giving notice of levy, notice of levy in the amount as determined under ORS shall be given not later than October 1 in the manner provided, and contain the pertinent information, as required under ORS In addition to other information, the notice of levy shall contain the information needed by the county assessor to determine the derivation of the levy amount and any other information as required by rule of the Department of Revenue. 2) The department shall prescribe the form of the notice of levy required under this section. [ 1987 c

58 EDUCATION AND CULTURAL FACILITIES Note: See note under M [Repealed by 1965 c

59 Chapter EDITION County School Superintendent; County Educational Board Note: , and repealed by 1957 c.678 l. Note: , , , , , , , , and repealed by 1963 c Note: , , , , , , , , , , , , , , , , , , , , , , , , , , , , and repealed by 1953 c Note: , , , , , , and repealed by 1963 a [ Amended by 1961 c.522 l; 1963 c ; 1963 c ; renumbered [ Amended by 1961 c.522 2; 1963 c ; renumbered [ Amended by 1957 c.310 6; 1959 c.518 l; 1961 c.522 3; repealed by 1963 c [ Renumbered [ Renumbered [ 1955 c.22 l; 1957 c.89 3; renumbered [ Amended by 1953 c.538 2; renumbered [ Amended by 1953 c.513 3; renumbered [ Amended by 1963 c.22 l; renumbered as part of

60 EDUCATION AND CULTURAL FACILITIES 30-56

61 " Me Con r" stitution Chapter EDITION Boundary Changes; Mergers defined for purposes of Oregon Division of state into school districts; definitions Note status of administrative school districts x M BOUNDARY CHANGE Mergers MERGER Commotion, urpose and organization of district boundparylward Basis for boundary changes 330:086 Procedure; request or petition for change or merger; content Notice; hearing, remonstrance; election Effective date of change; administration and operation until end of fiscal year, rights of electors Action by board pending effective date of change Time for boundary board action; extension Effect of change Division of assets and liabilities upon changes in boundaries Change is in boundaries of county school MANDATORY MERGER F CERTAIN Temporary provisions relating to mandatory merger of certain districts are compiled as notes following ORS ) NOTICE Notice by publication requirements 3SOu A30 330A45 LOCAL SCHOOL COMIVIITIEES Local school committee; members; election Functions of local school committee Filling vacancies on committee CROSS REFERENCES Bonded debt limitation of reorganized or consolidated district, Boundary proceedings, conclusive presumption of validity, District election procedures, Ch. 255 Validation of school district organization and consolidation, 1951 c.50; 1953 c.wa; 1957 x260; 1961 c.589; 1963 x215; 1965 x244; ; 1969 c.47; 1971 c.126; 1973 c.121 Validity of school district organization and elections, testing, , Boundary board to revise zones in education service district, Local school committee: County unit, Union high school district, merger,

62 EDUCATION AND CULTURAL FACILITIES 30-58

63 BOUNDARY CHANGES; MERGERS GENERAL " Merger" defined for purposes of Oregon Constitution. For urposes of section 11b, Article XI, Oregon Constitution: 1)( a) " Merger" includes any alteration, annexation, merger, consolidation, lengthening the course of study or other change under ORS to , to , ORS chapter 333, and in the case of education service districts to which ORS to apply, ORS to b) " Merger" includes only those proceedings in which the entire territory of an involved school district is merged. If the entire territory of a school district is merged with more than one other district, the tax base amount determined under section lib, Article XI, Oregon Constitution, shall be apportioned on the basis of equalized assessed valuation. 2) " School district" means a taxing district providing public elementary or secondary education, or any combination thereof, within this state, and specifically includes a component school district of an education service district that levies taxes for its component school districts and the education service district itself. "School district" does not include any other education service dis- trict. [ 1989 c Division of state into school districts; definitions. ( 1) For public school purposes, this state is divided into subdivisions known as school districts. 2) For purposes of the school laws of this state, unless the context requires other- wise: a) " School district" includes a common school district, a joint school district and a union high school district. b) " Common school district" means a school district, including a county school district formed under ORS chapter 333, other than a union high school distnct formed primarily to provide education in all or part of kindergarten through grade 12 to pupils residing within the district. c) " Joint school district" means a common or union high school district with territory in more than one county. d) " Union high school district" means a school district, other than a common school district, that is responsible for education in high school grades but not in primary grades, formed in accordance with ORS to ( 1963 Replacement Part). e) " Governing body of the county" means the county court, the board of county commissioners or the unit of government designated by the county charter to exercise the power or duty prescribed in the section in which the term occurs. f) "Most populous district" means the school district which has the largest number of pupils in average daily membership, as defined in ORS [ 1965 c ; 1971 c ; 1989 c.819 la; 1991 x167 5; 1991 c provides: Note Section 6, chapter 167, Oregon Laws 1991, Sec. 6. Status of administrative school districts. Nothing in this Act affects the legal status of any administrative school district formed under ORS to ( 1989 Edition) and such districts shall be considered common school districts for all purposes c A10 [ Repealed by 1965 c M [Amended by 1963 x282 1; repealed by 1965 c A60 [ Repealed by 1965 c A40 [ Amended by 1955 c.386 l; 1957 c.310 7; repealed by 1963 c M [Amended by 1961 c.522 6; 1963 c ; 1965 c ; renumbered ] 390A60 [ Amended by 1963 c.282 2; repealed by 1965 x BOUNDARY CHANGE AND MERGER PROCEDURES Composition, purpose and organization of district boundary board. ( 1) The education service district board shall constitute the district boundary board for laying off the county in convenient school districts. In any county in which there is no education service district board, the governing body of the county shall constitute the district boundary board. The district bound - ary board shall have jurisdiction over all school districts in the county and over all joint districts, the administrative offices of which are in the county. 2) The district boundary board shall make alterations and changes in the school districts in the manner specified by law. The board shall maintain a record showing the boundaries and numbers of the districts in the county based on records in the office of the county assessor. [ Formerly ; 1965 x100 72; 1989 x ] 930.(188 [ Formerly ; repealed by 1965 c M Mergers. ( 1) The district bound - ary board shall enter an order directing a school district to be merged with an adjoin- ing school district designated by the board if it finds that continuation of the district is not required because of geographic factors affecting transportation or because of sparsity of population and ifa) The school district fails to maintain and operate a school for more than two successive years without approval of the State Board of Education;

64 EDUCATION AND CULTURAL FACILITIES b) The school district is in a county with 35, 000 or less population and has an average daily membership of fewer than six children for each of two successive years, as certified by the Superintendent of Public Instruction; or c) The school district is in a county with more than 35, 000 population and has an average daily membership of fewer than 18 children for each of two successive years, as certified by the Superintendent of Public In- struction. 2) The order of the district boundary board shall take effect as provided in ORS ) Subject to the provisions of ORS to , the district boundary board on the request of the district school boards of the affected districts or on petition of five percent or 500 electors of each affected district, whichever is less, shall merge smaller districts into larger districts or change the boundaries of common or union high school districts. 4) No boundary change or merger shall be made which results in a school district having fewer than 20 children of school age on the date the change or merger becomes effective. 5) No boundary change or merger shall be made which results in a school district that consists of noncontiguous areas. 6) If the district boundary board fails to follow the time schedules prescribed in ORS or to approve a request or petition under subsection ( 3) of this section, the district school boards of the affected school districts or the petitioners may appeal to the State Board of Education to order the pro - posed boundary change or merger. The state board shall order the change or merger and shall direct the district boundary board to perform the duties described in ORS in the same manner as if the district boundary board had ordered the boundary change or merger. [ 1963 c ( 1), ( 8); 1965 c ; 1967 c.298 1; 1969 c.235 l; 1979 c.256 l; 1985 c.364 l; 1989 c ; 1989 c.819 3; 1991 c Basis for boundary changes. The boundaries of a school district shall not be changed except: 1) Pursuant to ORS ( 1) or ( 3). 2) By a vote of the people pursuant to: a) ORS chapter 333; or b) The lengthening of the course of study under ORS chapter ) By the mutual consent of the district school boards of the two or more affected districts in the manner prescribed in ORS to ) On a request for change or merger proposal submitted to the, district boundary board by electors of the affected districts in the manner prescribed in ORS to [ 1989 c.819 1; 1991 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of any series in ORS chapter 330 by legislative action. See Preface to Oregon Revised Statutes for further explanation Procedure; request or petition for change or merger; content. (1) The request or petition for proposed change or merger in school districts shall: a) Be directed to the district boundary board of the county or counties having jurisdiction over the affected school districts; b) Contain the names and numbers of districts affected by the change; c) Contain a concise statement of the type of charge requested and, if only a portion of the school district is involved, contain a legal description thereof; and d) If a petition of electors from affected districts is involved, contain the signatures and resident addresses of the petitioners and the names of the school districts in which they reside. 2) If a merger is requested or petitioned, the request or petition shall also contain proposals for: a) Distribution of debt, if any; and b) Retirement of unexpired serial levies, if any, or continuance of such levies against all of the taxable property in the enlarged district. 3) When any proposed boundary change or merger affects school districts under the Curisdiction of different district boundary ards, the proposed change or merger shall first be acted upon by the district boundary board of the county in which lies the most populous district, and must be submitted to the district boundary board of the other affected county or counties. 4) Any proposed merger may contain a recommendation that the new district retain the same name and number as the most populous school district in the merger or a recommendation for a new name for the district, a request for the formation of school committees as described in ORS and a request that the number of members of the district school board be increased to seven members. [ 1963 c (2); 1965 x100 74; 1967 c.328 1; 1989 x819 4; 1991 c ] [ 1963 c ( 3), ( 4), ( 5), ( 6), ( 10); repealed by 1965 c ( enacted in lieu of )] Notice; hearing, remonstrance; election. ( 1) Before the proposed change or merger is considered, the district boundary

65 BOUNDARY CHANGES; MERGERS board shall give notice in the manner provided in ORS of the proposed change or merger and the session of the board at which it will be considered. If no remonstrance on the change or merger is submitted requiring an election as provided in subsection ( 2) of this section, the board shall declare that the change or merger shall become effective as provided in ORS However, the boundary board shall not issue an order until all affected boundary boards have had opportunity to consider the proposed change or merger. 2) If a remonstrance on a proposed change or merger signed by at least five percent or at least 500, whichever is less, of the electors of a school district affected by the proposed change or merger is filed with the district boundary board within 20 days after the date of the order to effect the proposed charge or merger, and when all district boundary boards have acted on the Change or merger as provided in ORS ), the board shall submit the question of the proposed change or merger to the electors of each affected school district from which a remonstrance was filed, with the district boundary board acting as the district election authority on behalf of the school districts. Separate elections shall be held in sequence in the districts from which remonstrances have been filed, commencing with the least populous district and progressing in order of population to the most populous district. If the majority of votes in each election favor the change or merger, an election shall be held in the next most populous district. The cost of an election on a proposed boundary change or merger shall be prorated between or among the district school boards involved in accordance with ORS ) If the majority of votes cast in any affected district oppose the change or merger, the change or merger shall be defeated, and the same or a substantially similar change or merger shall not be considered until 12 months have elapsed from the date of the election at which the change or merger was defeated, unless otherwise re- quired by law. If the vote is favorable in all remonstrating districts, the district boundary board shall declare the change or merger effective as provided in ORS without further elections. [ 1965 c ( enacted in lieu of Y, 1965 c.244 l; 1965 c.621 5; 1967 c.313 l; c.8 4; 1975 c.326 3; 1979 c ; 1983 c.83 48; 1983 c ; 1983 c ; 1985 c.364 2; 1989 c.819 5; 1991 c.13 1; 1991 c Effective date of change; ad- ministration and operation until end of fiscal year, rights of electors. ( 1) When a school district boundary change or merger becomes final according to ORS ( 2)(a) and the change or merger: a) Occurs on or after July 1 and prior to March 31, the change or merger shall take effect May 31 following the declaration or election. b) Occurs between March 31 and June 30, inclusive, the change or merger shall take effect May 31 of the following year. 2) Districts subject to the boundary charges or mergers under this section shall, for the purposes of administration and operation, continue to operate separately until the end of the fiscal year in which the boundary changes or mergers are effective. No additional audit shall be necessary. 3) Notwithstanding the effective dates specified in subsection ( 1) of this section, electors shall be entitled to vote in any school elections affecting the school district in which they will reside when the boundary change or merger takes effect, including voting on candidates to serve on the district school board and on taxes to be levied after the effective date of the boundary change or merger if the electors are eligible to vote in the district in which the electors reside prior to the change or merger. Notwithstanding ORS , such electors shall be eligible to be candidates for the district school board, to serve thereon and to serve on the budget committee if the electors are eligible to be candidates or budget committee members in the district in which the electors reside prior to the change or merger. [ 1967 s. s. c.8 2; 1973 c.501 3; 1989 c.819 8; 1991 c [ 1963 c (7), ( 9), 15; repealed by 1965 c Action by board pending effective date of change. During the period following the declaration or last election under ORS and prior to the date when the boundary change or merger takes effect, the district school board of the most populous district, as defined in ORS , or the district school board of a district to which territory has been annexed may take such action as is essential in order that the district may carry out its required functions when the boundary change takes effect, including the preparation and adoption of a budget for the district and the reference of questions relating to the budget to the electors of the district. Expenditures of the board under this section shall be charged to each affected school district in the manner provided in ORS [ 1967 s. s. c. 8 3; 1991 c Time for boundary board action; extension. The district boundary board shall complete all action on a request or petition for boundary change or a merger

66 EDUCATION AND CULTURAL FACILITIES required under ORS within 100 days of the date of receipt of the request or petition if the boundary change or merger requested or petitioned lies totall within the jurisdiction of that board. If ge boundary change or merger requested or petitioned requires ratification of an adjacent boundary board as in ORS ( 3), an additional 60 days may be utilized for action of the second boundary board. However, upon request of the district boundary board and a showing of special circumstances which require additional time, the State Board of Education may grant a reasonable extension of time for completion of the required action. [ 1965 c.621 2; 1979 c.256 2; 1983 x83 49; 1989 c [ Amended by 1957 x310 8; repealed by 1963 c Effect of change. ( 1) When two or more school districts are merged as pro- vided by law, the affected districts shall be considered merged into the most populous district and: a) Unless the district school boards or the petitioners requesting the merger recommend that the enlarged school district retain the same name and number which was previously assigned to the most populous district included in the merger, the district boundary board shall give the enlarged district the new name recommended under ORS , and the county assessor shall assign a new number that has not previously been used. However, if the boundaries of the enlarged school district are the same as the boundaries of the county, the official name of the enlarged school district shall be ( name of county) County School District. b) The school districts included in the merger shall become identified with the newly named district or the most populous district. c) The employees of the component districts shall be considered to be employees of the enlarged district, which shall succeed the other districts in such merger as a party to their respective contracts of employment. 2) The board of directors of the most populous district shall constitute the board of directors of the enlarged district and the terms of all other directors of component districts shall expire on the effective date of the merger except that the number of directors may be increased to seven members and school committees may be authorized pursuant to ORS ) All real and personal property belonging to the districts within the enlarged district shall become the property of the enlarged district. 4) When a petition or request for a merger of school districts contains proposals for distribution of debt or continuance of unexpired serial levies as provided in ORS and the district boundary board in the manner provided in ORS declares such merger effective, the district school board of the enlarged district is authorized to levy taxes in conformity with such pro - pomis. [ Formerly ; 1973 c.522 l; 1989 c ; [ Formerly ; repealed by 1965 ' c J [ Repealed by 1963 c Division of assets and liabilities upon changes in boundaries. ( 1) When changes in school district boundaries are made by the detachment of territory or annexation of less than an entire school district to another, the district school boards of the districts affected by each change shall immediately after the change make an equitable division of the then existing assets and liabilities between the districts affected by such change and provide the manner of con- summating the division. 2) In case of failure to agree within 20 days from the time the district boundary board issues its order, the matter shall be decided by a board of arbitrators. The board of arbitrators shall consist of one member appointed by each of the boards of the school districts affected and an additional member appointed by the other appointees. 3) In the event any such district school board fails to appoint an arbitrator within 30 days, the Superintendent of Public Instruction shall appoint such arbitrator. In the event the arbitrators selected fail to appoint the additional arbitrator within 30 days after the appointment of the arbitrator last appointed, the Superintendent of Public Instruction shall notify the judge of the circuit court senior in service of the county in which the administrative office of the most populous school district is located. Within days after receiving such notice, the judge shall appoint the additional arbitrator. 4) Each member of the board of arbitrators shall be entitled to the sum of $20 per day for each day' s service, and necessary traveling expenses, while sitting in the offscial capacity of the member. Expenses thus incurred shall be equally apportioned among the districts concerned. 5) The decision of the arbitrators is final and may be reviewed in the manner provided in ORS to

67 BOUNDARY CHANGES; MERGERS 330A00 6) Assets include all school property and moneys belonging to the district at the time of the division. Liabilities include all debts for which the respective districts in their corporate capacities are liable at the time of division. In determining the assets, school property shall be estimated at its real market value. The assets and liabilities shall be divided between the districts in proportion to the last assessed value of the real and personal property. The district retaining the real property shall pay the other districts concerned such sums as are determined in accordance with the provisions of this sec- tion. All funds to be apportioned during the current school year, after such division, shall be made in proportion to the resident average daily membership of the districts divided, as shown by the report of such districts for the period ending the preceding June 30 as certified by the districts to the administrative office of the county. [ Formerly ; 1971 c294 7; 1979 c , 1991 x [ Formerly ; repealed by 1965 a [ Repealed by 1963 c W [ Formerly ; amended by 1965 c ; repealed by 1989 c [ Repealed by 1963 c [ Formerly ; repealed by 1965 x ] [ Repealed by 1963 a.2s [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1955 c.386 2; repealed by 1963 c ] [ Repealed by 1955 c '110 [ Repealed by 1965 c [ Repealed by 1965 c ( Amended by 1957 c ; 1961 c. 148 l; subsection ( 2) of 1963 Replacement Part enacted as 1961 c ; subsection ( 3) of 1963 Replacement Part enacted as 1961 c.148 4; 1963 c ; repealed by 1965 c ] 3302M (Amended by 1957 s. s. c. 12 l; repealed by 1965 c M [Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c ( Repealed by [ 1957 c.89 l; amended by 1965 c ; 1966 c.275 3; renumbered Change in boundaries of county school district. (1) Subject to ORS , the boundaries of a county school district organized under ORS chapter 333 may be changed to include all or part of a school district in another county by action of the district boundary board. 2) Subject to ORS , the boundaries of a county school district organized under ORS chapter 333 may be changed to withdraw part of the county school district from the county school district and to add such part to a school district or districts in the same or another county by action of the district boundary board. ( Formerly ; 1991 c ] MANDATORY MERGER OF CERTAIN DISTRICTS Note: A prospective referendum petition has been filed to refer chapter 393, Oregon Laws 1991, but at the time of publication of this volume, it is not known whether the petitioner will obtain enough signatures to require the measure to be submitted to a vote of the people. Sections 1 to 3, chapter 393, Oregon Laws 1991, provides: Sec. 1. As used in this Act, unless the context re- quires otherwise: 1) " Component school district" means a common school district that provides only elementary education and the territory of which is wholly within one union high school district. 2) " Elementary school district" means a common school district that is responsible for education in kindergarten through grade 12 but that provides education in less than kindergarten through grade 12 within the district and no part of the territory of which lies within a union high school district. 3) " Split school district" means a common school district that provides only elementary education and the territory of which is within more than one union high school district or is only partly within any union high school district. 4) " Unified school district" means a common school district that provides education programs in kindergarten through grade 12.[ 1991 x Sec. 2. ( 1) Every union high school district composed of component school districts or split school districts, or both, shall merge into a single unified school district on or before September 1, If any district fails to merge by September 1, 1996, the district boundary board shall order the necessary changes to be effective no later than March 1, No remonstrance or election shall be allowed on changes ordered after September 1, ) Elementary school districts that have not merged into a unified school district on or before September 1, 1996, shall become part of such a unified school district by March 1, In ordering such a merger, the district boundary board may order the elementary school district divided among more than one unified school district. No remonstrance or election shall be allowed on changes ordered after September 1, ( 1991 c Sec. 3. Notwithstanding ORS ( 2) [ 1989 Edition], any school district that does not offer education programs in kindergarten through grade 12 on and after July 1, 1997, shall be considered nonstandard under ORS [ 1991 c NOTICE Notice by publication requirements. Whenever notice by publication of any hearing is expressly required by reference to this section, it shall be given in a newspaper published in the county and of general circulation in the county or district in which the hearing is to be held. The notice shall be published in at least two issues of the newspaper. The first publication shall

68 3SOA25 EDUCATION AND CULTURAL FACILITIES be not sooner than the 25th day or later than the 15th day preceding the hearing and the last publication shall be not sooner than the 14th day or later than the eighth day preceding the hearing. ( Formerly LOCAL SCHOOL COMMITTEES Local school committee; members; election. ( 1) Each local school committee provided for in the reorganization plan under ORS ( 1989 Edition) or pursuant to ORS shall consist of three members elected by the electors of the school district pursuant to ORS chapter 255. At the first regular district election following the merger of the school district, there shall be elected three members of each local school committee. The person elected to each committee who receives the highest number of votes shall serve for a term of three years, the person who receives the next highest number of votes shall serve for a term of two years and the remaining person elected to the local school committee shall serve for a term of one year. Upon the expiration of the term of a member, a successor shall be elected to serve for a term of three years. Members of the local school committee mayy be nominated and elected from the attendance area determined by the district school board or may be nominated from such areas but elected from the district or may be nom- inated and elected from the district, the manner to be determined by the district school board. 2) A person shall be nominated as a candidate for member of a local school committee by filing a petition for nomination or a declaration of candidacy under ORS If a candidate is nominated by petition and members are nominated from attendance areas, the petition must be signed by at least 10 electors residing in the attendance area from which the candidate seeks nomination. ( Formerly ASO Functions of local school com- mittee. ( 1) Notwithstanding ORS , under rules of the district school board, the local school committee shall determine the use of the school property for civic purposes not inconsistent with its primary use. The local school committee also shall visit the school at frequent intervals, report to and advise the district school board concerning the progress and needs of the school and the wishes of the people concerning the school and recommend improvements in the school property. 2) By unanimous vote and not later than March 1 of each year, the local school committee may recommend rejection for the ensuing year of any teacher assigned to the school by the district school board. The re- commendation shall be delivered to the clerk of the district in writing and shall specify the reason for the recommendation. The board shall review the recommendation submitted by the local school committee and make final determination. 3) The district school board may submit the question of establishing additional local school committees or abolishing existing local school committees to the electors at any regular district election. The district school board shall submit either question at an election when a petition filed as provided in this subsection requests an election. The requirements for preparing, circulating and filin a petition shall be as provided for an tiative petition in ORS to The election when a petition is filed must not be later than the next regular district election. 4) This section applies in school districts formed under ORS to ( 1989 Edition), in school districts resulting from mergers and in unified school districts formed under ORS [ formerly Filling vacancies on committee. ( 1) A vacancy in an elected office in the membership of a local school committee shall be filled by appointment by a majority of the rem hunv members of the local school committee. If a majority of the membership of the local school committee is vacant or if a majority cannot agree, a vacancy on the local school committee shall be filled by the district school board. 2) The period of service of an appointee shall expire June 30 next following the next regular district election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires June 30 after 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. Formerly [ 1957 c.619 1; 1963 c.282 3; 1963 c ; 1965 c ; repealed by 1991 c ( 1957 c.619 2; 1961 c.625 4; repealed by 1963 c [ 1957 x619 4; repealed by 1963 c [ 1957 c.619 5; repealed by 1963 c and 1963 c [ 1957 c.619 8; repealed by 1965 c [ 1957 c ; repealed by 1965 c [ 1957 c ; repealed by 1965 c [ 1957 c.619 7; 1959 c.423 1; 1961 c.317 1; 1963 c.282 4; 1965 c ; 1965 c.261 1; 1973 c.448 1; 1983 c.83 50; 1983 c284 4; 1983 c a; 1985 c.201 l; 1989 c ; repealed by 1991 c [ 1959 c.423 3; 1961 c.285 1; 1965 x100 96; renumbered

69 BOUNDARY CHANGES; MERGERS 33OA ( 1957 c.619 9; 1965 x100 82; repealed by 1991 c ( 1957 x619 10; 1983 c.812 3; repealed by 1991 x [ 1983 c.812 2; 1985 x364 4; 1989 x491 16; 1989 c ; repealed by 1991 c MUM [1957 c ; repealed by 1965 c [ 1965 x621 4; 1989 c ; repealed by 1991 c [ 1957 c ; 1963 c.282 5; repealed by 1991 c ] 330Z52 [ 1959 c.423 4; 1965 x100 83; repealed by 1991 e ( 1957 x619 13; 1963 c.282 6; repealed by 1991 x167 28) (1963 c ; 1979 c ; 1989 c ; repealed by 1991 x [ 1957 x619 14; 1963 c.282 7; 1989 x491 19; repealed by 1991 x [ 1957 c ; 1963 c.282 8; 1983 c.812 4; repealed by 1991 c [ 1957 c ; 1963 c.282 9; 1983 c.812 5; repealed by 1991 c [ 1957 c ; 1965 c ; repealed by 1983 c.812 6] [ 1957 c ; 1961 c.414 7; repealed by 1963 x [ 1957 c ; 1965 c ; 1965 c.261 2; 1973 c ; 1983 c.83 52; 1983 c ; 1983 c.812 7a; 1985 c.364 3; repealed by 1991 c ] [ 1961 c.435 2; repealed by 1983 c a] [ 1957 c ; 1965 x100 86; 1965 c.261 3; 1973 c ; repealed by 1991 c [ 1957 c ; 1965 x100 87; 1965 c.261 4; repealed by 1973 c [ 1961 c.414 1; 1965 c ; 1965 c.261 5; repealed by 1991 c ( 1957 c ; 1959 c.423 5; repealed by 1961 c [ 1961 c.414 2; 1965 c ; 1965 c.261 6; 1983 c.83 53; 1983 c.812 8; repealed by 1991 c [ 1961 c.414 3; 1965 c ; 1965 c.261 7; 1983 c.83 54; 1983 c ; repealed by [ 1961 x414 4; 1965 c ; 1965 c.261 8; 1983 c.83 55; 1983 c ; repealed by 1991 c ( 1961 c.414 5; repealed by 1991 x AN [ 1961 c.414 6; 1965 c a; 1967 s.s. c.8 5; 1983 c.812 9; repealed by 1991 x :610 [ 1957 x619 23; 1961 c.414 8; ; 1965 c.261 9; 1983 c ; 1985 c ; repealed by 1991 c [ 1957 c ; repealed by 1963 c [ 1957 c ; repealed by 1965 c xW [ 1957 c.619 2; 1961 c.625 2; subsections ( 4) and ( 5) of 1961 Replacement Part enacted as 1961 c.625 3; subsections ( 6) and ( 7) of 1961 Replacement Part formerly part of ; repealed by 1963 c ( 1959 c ; repealed by 1963 c ( 1957 c ; 1965 c ; 1983 c.284 9; 1983 x ; 1991 c ; renumbered in 1991] [ 1957 x619 41a; 1965 c ; repealed by 1983 c x] 330x645 [ 1957 c ; repealed by 1963 c [ 1957 x619 29; repealed by 1965 c AM [ 1957 x619 30, 1959 c.423 6; 1961 c ; 1965 e ; 1973 x522 2; repealed by 1991 c [ Formerly ; 1967 c.315 1; 1973 c.448 2; , 1983 c ; ; 1991 c ; renumbered in [ 1983 x ; 1991 c ; renumbered in [ 1957 x619 36; 1959 c ; repealed by 1991 c x690 [ 1957 c ; 1959 c.423 8; 1965 c ; repealed by 1991 c [ 1957 c ; 1959 c.423 9; 1965 c ; 1971 c.47 6; 1983 c.284 5; 1983 c a; repealed by 1991 c [ 1957 c ; 1959 c ; 1965 c ; 1973 c ; 1974 s.s. c.45 4; 1975 c ; 1983 c ; repealed by 1991 c [ 1957 c ; repealed by 1991 c [ 1957 c ; 1965 x ; repealed by 1991 e [ 1957 e ( 1), ( 3); 1965 c ; 1967 c.605 2; repealed by 1991 c [ 1957 c a; 1965 c ; 1967 c.605 3; 1971 a47 7; 1983 c ; repealed by 1991 c ] [ 1957 c (2); 1967 c.605 4; 1983 e ; repealed by 1991 x ( 1957 c ; 1959 x423 11; 1961 x229 1; 1965 c ; 1971 c.47 8; 1983 c.83 58; 1983 e ; repealed by 1991 c ( 1983 c ; 1991 c ; renumbered in [ 1957 x619 40; 1959 c ; repealed by 1965 x ( 1983 c ; ; repealed by 1991 c ( 1959 c ; repealed by 1991 c [ 1957 c ; 1965 c ; repealed by 1991 c [ 1963 c.262 H1, 2, 3; 1973 c ; repealed by 1991 c [ 1965 c.101 1; 1983 a83 59; 1983 c ; repealed by 1991 c [ Subsection ( 2) of 1963 part formerly ; repealed by 1965 c

70 EDUCATION AND CULTURAL FACILITIES 30-66

71 Chapter 331 School District Elections 33L002 [ 1965 c ; 1971 c.660 2; 1973 c ; 1983 c ; renumbered ,006 [ 1957 c.310 l; repealed by 1965 x LO10 [ Amended by 1957 c.310 9; 1961 c.10 1; 1965 Q ; 1973 e ; 1979 c ; repealed by 1983 c ] 33LO15 [ 1963 c.273 2; repealed by 1965 c LO20 [ Amended by 1961 c.361 1; 1965 c ; repealed by 1973 c LO25 [ 1973 x467 2; repealed by 1983 c x] [ Amended by 1963 c.273 3; 1965 c ; 1971 c.660 3; repealed by 1973 c LO35 [ 1973 c.467 4; repealed by 1983 c a; 1983 c and 1983 c LO40 [ Amended by 1963 c.273 4; 1966 c ; 1967 c ; part renumbered ; 1971 c.660 4; repealed by 1973 c and 1973 c ] [ Formerly part of ; repealed by 1973 c and 1973 c [ 1961 c.72 l; repealed by 1965 c [ 1965 c ; 1983 c.83 60; renumbered ] 33L080 [ Formerly ; 1967 c.605 5; 1967 c.609 6; 1971 c.660 5; 1973 c ; 1975 x647 29; repealed by 1977 c [ 1977 c.759 l; renumbered [ Formerly ; 1967 c.95 1; 1969 x133 1; 1969 c.202 4; 1973 c ; 1975 c ; 1977 c ; 1981 c ; 1983 c.83 61; 1983 c.284 3; renumbered [ 1969 c202 1; 1983 c.284 2; 1983 c x; renumbered [ 1969 x202 2; 1983 c.284 3b; renumbered ] [ 1969 x202 3; 1983 c.284 3c; renumbered ] [ 1969 c.359 1; 1975 c ; 1983 c ; renumbered ] [ 1977 x474 l; repealed by 1983 c [ Amended by 1965 c ; 1967 c.605 6; 1973 c ; repealed by 1979 c [ 1973 x796 31; repealed by 1983 c a] [ Amended by 1957 c ; 1965 c ; 1967 c.605 7; 1971 c ; 1973 x796 37; 1977 c.149 2; 1983 c ; renumbered L190 [ Amended by 1965 c ; 1967 c.605 8; repealed by 1979 x [ Amended by 1961 c.361 2; 1965 c ; 1967 c.605 9; 1979 c ; repealed by 1979 c [ Amended by 1961 c ; 1965 c ; 967 x605 10; 1973 x796 38; 1979 c ; repealed by 1979 c [ Amended by 1961 c. 10 2; 1965 c ; 1967 c ; 1973 c ; repealed by 1983 c a] 33L170 [Amended by 1965 e ; 1967 c ; 1973 x796 40; repealed by 1979 c [ Amended by 1965 c ; 1967 x605 13; repealed by 1973 c [ Repealed by 1965 c [ Amended by 1955 c.386 3; 1957 c.622 l; 1965 c ; renumbered [ Amended by 1955 c.386 4; 1957 c.622 2; 1965 c ; renumbered [ Repealed by 1955 c [ Amended by 1955 c ; repealed by 1965 x ] 33L360 [ Repealed by 1955 c [ Amended by 1965 c ; repealed by 1983 c a] 33L420 [ Amended by 1955 c.234 1; 1965 c ; repealed by 1965 c L425 [ 1965 c. 172 l; repealed by 1975 c enacted in lieu of )] 33L426 [ 1975 c ( enacted in lieu of , 1977 c.644 6; 1983 c.83 63; repealed by 1983 c a] 3BL430 [ Amended by 1965 c ; repealed by 1965 c [ 1965 x172 2; repealed by 1975 c [ Amended by 1955 c.234 2; 1957 c ; repealed by 1965 c [ 1965 c ; repealed by 1983 c x] [ Amended by 1955 c.234 3; repealed by 1965 x172 7] [ 1965 x172 4; repealed by 1983 c a] [ 1965 c ; repealed by 1983 c x] [Amended by 1957 c.622 3; 1963 c.34 1; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c L540 [ Repealed by 1965 c BL550 [ Repealed by 1965 c [ Repealed by 1965 c

72 EDUCATION AND CULTURAL FACILITIES 30-68

73 Chapter EDITION Local Administration of Education Definitions DEFINITIONS BOARD OF DIRECTORS Directors as district school board; oath 332,011 Number of directors of districts under 300AW 932,015 Number of directors of districts of 300,000 or more 332,016 Employees ineligible to serve as directors 932,018 Term of office; qualifications; expenses MU19 Limitation on number of directors to be elected at any election 332,020 Removal of director 332,030 Vacancy in office of director BOARD ORGANIZATION AND MEEETIIVGS Board meetings Quorum; transaction of business 332,067 Duties to be performed at meetings 332,081 Hearing to expel minor students or to ex- amine confidential medical records; ex- ceptions to public meetings law 332,065 Meeting rules; journal STATUS, GENERAL POWERS AND DUTIES Legal status of school districts Powers of board General duties of board 3MI07 Rules for school government Auxiliary services ELECTIONS Election laws applicable; recall Nomination of directors; qualifications 33212} Election at large unless zoned; plurality in zones; reelection from zones Election from zones 33LI28 Election to establish zoning for purpose of nominating directors 3MI32 Zoning process Reelection after zoning Election of directors by position numbers Election of directors in districts of 300,000 or more Effect of boundary change on electors Condemnation of realty for school pur- poses Districts controlling cemeteries CONTRACTS, PURCHASING, BIDS Duties and liabilities relating to contracts Purchase of relocatable structures GIFTS Board' s authority to accept gifts Gifts for scholarships TRANSPORTATION 332A05 Transportation; board and room; pedestrian facilities MA15 Transportation of students attending pri- vate or parochial schools Rental or lease - purchase agreements for 332A27 382A35 332A97 332A45 vehicles Availability of district vehicles for public transportation purposes INSURANCE Liability insurance; medical and hospital benefit insurance for students Insurance reserve fund TRAFFIC REGULATION Regulation of vehicles on school property PERSONNEL Employment and compensation of person - nel Chief administrative officer as district school clerk; deputies 332,525 Bonds for personnel Law enforcement agency in districts of 900,000 or more; personnel as peace officers Written personnel policies required CENSUS Determination of school census by state and county offices 332M Determination of school census by school districts DISTRICT PROPERTY Land; buildings; lease - purchase agree- ments; equipment and services Determination of residency for school pur Purchase of real property on contract Use of school buildings and grounds for civic and recreational purposes poses INTELLECTUAL PROPERTY District over 300,000 authorized to acquire interest in intellectual properties Transactions involving intellectual property exempt from certain bidding requirements MISCELLANEOUS Districts controlling parks Issuance of diploma for work completed at certain state institutions 30-69

74 EDUCATION AND CULTURAL FACILI'1'TES CROSS REFERENCES Child abuse, reporting of suspected cases, to Child development specialists, availability in elementary schools, City zoning ordinances, application to school districts, Education service district board, to Elections: Procedures, Ch. 255 Validity, , Elementary or secondary staff member or school counselor, student communications privileged, Employment certificates, cooperation by district, Insurance for employees, Residential programs, Surplus property, acquisition and disposition, Tort actions against public bodies, to Trainees in work experience programs, workers' compensation coverage, Unemployment insurance, , , , Transportation costs for children attending School for Blind or Deaf, resident district responsibility, Youth care centers, Validity of contract, procedure for testing, , Content of minutes for public record purposes, Attendance and discipline, Ch. 339 Educational services by contract with community college, Labor apprenticeship program, cooperation, , Powers of school boards, generally, Ch. 336 School fire regulations, , , Textbooks, Ch = 55 Art or craft materials containing toxic substance, prohibition against purchase, County planning ordinances, application, Joint construction of facilities, Sale, exchange, lease of public property, to M Action against contractor conspiring to destroy competition, Public purchasing generally, Ch A06 Purchase of automotive equipment, School buses: Defined, Exempt from motor carrier law, Regulation, to Overtime pay, Tax sheltered annuities, to

75 LOCAL ADIVMGSTRATION DEFINITIONS Definitions. As used in this chapter, unless the context requires other- wise: 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 ; 1983 c BOARD OF DIRECTORS 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 x ; 1983 c ; 1983 x [ Amended by 1955 c.386 7; 1957 c.634 l; 1961 x281 l; repealed by 1965 c ( enacted in lieu of )] Number of directors of districts under 300,000. Except as otherwise provided under ORS to ( 1989 Edition) 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.members. [ 1965 c ( enacted in lieu of r 1965 x243 1; 1967 c ; 1971 c.47 1; 1975 x770 13a; 1991 c 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 ( enacted in lieu of ; 1967 c ; 1973 c ; 1975 c Employees ineligible to serve as directors. No person who is an employee of a school district shall be eligible to serve as a member of the district school board for the district by which the employee is employed. [ Formerly 33LO [ 1965 c ; repealed by 1977 c 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 ; 1983 c a; 1983 c Limitation on number of directors to be elected at any election. Except for the requirements for filling vacancies in unexpired terms, no more than two directors shall be elected at any regular district election in an school district which has a board of fewer than eight directors and which conducts annual elections for directors of the district school board. [ 1973 c ; 1976 c ; 1983 c ; 1985 c Removal of director. A director guilty of misfeasance or malfeasance in office may, by the appropriate proceeding, be removed from office by a court of competent jurisdiction Vacancy in office of director. 1) The district school board shall declare the office of a director vacant upon the happen- ing 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 or decree of any competent 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 is recalled. 2) A director of a union high school board who changes the director' 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 nest 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 director' 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 30-71

76 EDUCATION AND CULTURAL FACELITIES 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) 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 and, if the district is zoned, reside in the zone in which the va- A director appointed under cancy occurs. 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 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 govern- ing body of the county containing the greater portion of the pupils in average daily membership shall appoint the directors. Each di- rector 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 x ; 1967 c ; 1969 c.202 5; ; ; 1981 c ; 1983 c a; 1983 c.379 7; 1985 c BOARD ORGANIZATION AND MEETINGS Chairman. Immediately after July 1, the district school board shall meet and organize by electing a chairman and a vice chairman from its members. No member shall serve as chairman for more than two years in succession. [ Amended by 1957 c.634 2; 1961 c.281 3; 1965 c 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 by order of the chairman, 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 ; 1965 e ; [ Amended by 1953 c.299 2; 1957 c.634 3; 1961 c.281 4; renumbered 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 ; 1965 c ; 1973 c.725 1; 1975 c Duties to be performed at meetings. Any duty imposed upon the district school board as a body must be per- formed at a regular or special meeting and must be made a matter of record. The consent to any particular measure obtained of individual members when the board is not in session is not an act of the board and is not binding upon the district. [ Formerly and then MAW [Renumbered and then Hearing to expel minor students or to examine confidential medical records; exceptions to public meetings law. Notwithstanding ORS to 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 student' 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 student' 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 student' s educational program

77 LOCAL ADMNISTRATION 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 U, 1987 c Meeting rules; journal. A district school board may adopt rules for the government of the conduct of its members and its proceedings. It must keep a journal, and, on the call of any one of its members, must cause the yeas and nays to be taken and entered upon its journal upon any ques- tion before it. [ Formerly , 1965 c [ Renumbered STATUS, GENERAL POWERS AND DUTIES 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-loo Powers of board. Any district school board may: 1) Subject to applicable provisions of law, establish and maintain kindergartens, elementary schools, high schools, vocational schools, adult education programs, evening schools and schools for deaf and eligible mentally retarded children or maintain other services needed to meet individual differ- ences not otherwise met by special programs. 2) Fix the days of the year and the hours of the day when schools shall be in session. 3) Prescribe textbooks as provided in ORS and courses of study for the use of such schools as provided in ORS ) Authorize the use of the schools for purposes of training students of an approved teacher education institution, as defined in ORS , and for such purposes may en- ter 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. 5) Develop and operate with other school districts or community college districts secondary vocational education programs for pupils of more than one district and fix by agreement the duration of the district's obligation to continue such activity, subject to the availability of funds therefor. 6) Authorize the school district to be a member of and pay fees, if an, to any voluntary organization, approved under ORS , that administers interscholastic activities or that facilitates the scheduling and Lrrogramming of interscholastic activities. ormerly ; 1965 c ; 1967 c.67 25; 1967 c200 5; 1969 x311 1; 1973 c.270 1; 1975 x459 2; 1975 c , 1977 c.783 1; 1987 c [ Formerly ; repealed by 1965 c ; ( enacted in lieu of )] [ Repealed by 1957 c [ 1953 c ( enacted in lieu of e.357 l; renumbered and then [ Repealed by 1957 c [ Amended by 1953 c.474 7; renumbered and then 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 ; 1965 c ; 1967 x326 l; 1969 c Rules for school government. Each district school board may establish rules for the government of the schools and pupils consistent with the rules of the State Board of Education. [ Formerly [ Formerly ; 1965 c ; renumbered [ Renumbered Auxiliary services. A district school board in a school district having a population of 300,000 or more according to the latest federal census may enter into agreements to provide auxiliary services and facilities to students, including but not lim ited to forms of residential care, medical and dental services and transportation. Any facility used for residential purposes under this section must meet the applicable standards of the Health Division and the State Fire Marshal. [ 1967 x200 2; 1969 x [ Repealed by 1957 c ELECTIONS Election laws applicable; recall. ( 1) Unless specifically provided otherwise, ORS chapter 255 governs the following:

78 EDUCATION AND CULTURAL FACILITIES a) The nomination and election of school directors and local school committee members. b) The conduct of all school district elections. 2) ORS to govern the recall of school board members and local school committee members. [ Formerly [ Renumbered 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 ) A person shall be nominated as a candidate for director by filing a petition for nomination or a declaration of candidacy under ORS ) If a candidate is nominated by peti- tion, 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. r ( 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 l; 1983 c c Election at large unless zoned; pplurality in zones; reelection from zones. 1) All candidates shall be elected at large in the district unless the district school board provides for election from zones under ORS ) 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. [ Formerly 33L M [Formerly ; 1965 c ; renumbered 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 under ORS [ 1983 c.284 3a] Election to establish zoning for purpose of nominating directors. ( 1) In common school districts and union 'high school districts, directors may be nominated from zones only 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 sec- tion shall be as provided for an initiative petition in ORS to ) 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 method as they were established. 6) The district school board shall adjust the boundaries of the zones as necessary to apportion population so that the zones are as nearly equal in population as is feasible according to the latest federal census data. Formerly ], [ Amended by 1965 c ; renumbered ] 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 33LO Reelection after zoning. ( 1) A school board director shall be eligible for reelection in an election subsequent to zoning

79 LOCAL ADNIINISTR.ATION under ORS 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 [ Formerly ; 1965 c ; renumbered 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 chairman of the board shall assign a position number to each office on the board. The chairman 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 ] Election of directors in districts of 300,000 or more. At each regular biennial election, school directors in districts of 300,000 or more according to the latest federal census 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 [ Amended by 1959 c.526 l; 1963 c ; renumbered Effect of boundary change on electors. During the period following an election or other action resulting in a boundary change in a school district and prior to the date the change becomes effective, the district or districts from which an area will be separated as a result of the boundary change may hold elections for all legal purposes but the electors registered in the area to be separated as a result of the boundary change shall not be qualified to vote in any such election. The election on any measure in such district or districts shall not affect or encumber the area to be separated. [ Formerly ] [ Formerly ; repealed by 1965 c ] [ Amended by 1957 c ; repealed by 1957 c DISTRICT PROPERTY 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, vocational schools, 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 con- tainment of asbestos substances in school buildings and for repairs made necessary by such removal or containment. Contracts au- thorized by this section may be for a term exceeding one year. 3) May construct or cooperate in the construction of schools for training of stu- dent 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 agree 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 ORS to ) Shall furnish their 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 30-75

80 EDUCATION AND CULTURAL FACILITIES community college districts facilities for secondary vocational education programs for pupils of more than one district and may furnish or cooperate in furnishing supplies and equipment for such facilities, to be fi- nanced in the same manner as other school buildin s and supplies are financed. [ Formerly ; 1965 x ; 1969 c.311 2; 1969 x434 1; 1975 c.358 1; 1981 x212 1; ; 1989 x [ Repealed by 1953 c Purchase of real property on contract. The district school board may purchase real property upon a contractual basis when the period of time allowed for payment under the contract does not exceed five years. [ 1965 c [ Formerly ; repealed by 1965 c [ Renumbered Use of school buildings and grounds for civic and recreational purposes. ( 1) Subject to ORS , the district school board may permit the use of school buildings and grounds by residents of the district 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 edu- cational, political, economic, artistic and moral interests of the residents, giving equal rights and privileges to all religious denomi- nations and political parties; and c) Such other proper purposes as may be determined by the board. 2) The district school board may a point 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 ; 1983 c [ Formerly ; repealed by 1965 c [ Amended by 1961 c.575 5; renumbered and then 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 regwired 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 '. 190 [ Amended by 1965 c ; repealed by 1989 c = [ Amended by 1957 c ; renumbered and then [ Formerly ; 1965 c ; renumbered Districts controlling ceme- teries. (1) Any school district may own, pos- sess, 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 con- veying 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, mainte nance, operation, care and management of such real property used for cemetery pur- poses. [ Amended by 1967 c [ Formerly ; repealed by 1965 c [ Renumbered [ Formerly ; repealed by 1965 x [ Amended by 1963 c.136 l; renumbered [ Formerly ; 1965 c ; renumbered [ Renumbered

81 LOCAL ADMINISTRATION [ Formerly ; repealed by 1965 c [ 1953 x626 1; renumbered [ Repealed by 1953 c M [ 1953 c.626 2; renumbered ] CONTRACTS, PURCHASING, BIDS Duties and liabilities relating to contracts. All contracts 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 malting such contract shall be personally liable. Formerly , 1965 c ; 1971 c [ 1953 x626 3; 1957 c ; renumbered [ Repealed by 1953 c [ 1953 x626 4; renumbered [ Formerly ; repealed by 1965 c MO [ 1953 x626 5; renumbered [ Repealed by 1953 c [ 1953 c.626 6; renumbered [Formerly ; 1965 c ; 1967 c.350 l; repealed by 1975 c [ Repealed by 1953 c [Formerly ; 1965 c , 1965 x123 l; repealed by 1975 c [ Formerly ; repealed by 1975 c.771 M [ Formerly ; 1965 c ; repealed by 1975 c [ Formerly ; 1965 c ; repealed by 1975 x [ Formerly ; 1965 x ; repealed by 1975 x [ Repealed by 1957 c [ Formerly ; repealed by 1975 c ] [ Amended by 1957 c.634 4; renumbered and then Purchase of relocatable structures. A district school board may ppurchase relocatable classrooms and other relocatable structures in instalment transactions in which deferred instalments 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 b a security interest in such property. Such transactions may take the form of, but are agreements. [ 1971 c not limited to, lease- purchase [ Amended by 1957 c.634 5; renumbered ] ( Amended by 1957 x634 6; renumbered and then [ Amended by 1957 c.634 7; renumbered and then [ Amended by 1957 c.634 8; renumbered ] [ Amended by 1957 c.634 9; renumbered ] GIFTS Board' s authority to accept gifts Consistent with the laws of this state, the district school board may accept money or property donated for the use or benefit of the school district and use such money or property for the purpose for which it was donated. [ 1965 c [ Amended by 1957 x634 10; 1963 x131 1; renumbered ] Gifts for scholarships. If the district school board accepts money and property donated for the purpose of estab- lishing 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 [ Repealed by 1953 Q424 2 ( enacted in lieu of )] [ 1961 c.570 l, 2, 4, 5; renumbered and then TRANSPORTATION Mm portation; board and room; pedestrian facilities. ( 1) The district school board may provide transportation for pupils or combinations of pupils and other persons to and from school - related activities when considered advisable by the board. 2) Instead of transportation, the board may furnish board and room for pupils when reasonable board and room can be provided at equal or less expense than transportation. 3) The transportation costs or expenses for board and room may be paid from district funds. 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 ; 1981 x237 1; 1981 x = 0 [ Amended by 1957 c ; renumbered ] Transportation of students attending private or parochial schools. Whenever any district school board lawfiillyy provides for transportation for pupils attend- ing public schools, all children attending any private or parochial school under the compulsory school attendance laws shall, where 30-77

82 EDUCATION AND CULTURAL FACILITIES the private or parochial school is alon near the route designated by said boar be entitled equally to the same rights, benefits and privileges as to transportation so provided for. [ Formerly A20 [ Renumbered Rental or lease- purchase agreements for vehicles. Any district school board may enter into rental or lease - purchase agreements covering motor vehicles operated by the district. [ Formerly x427 Availability of district vehicles for public transportation purposes. ( 1) A district school board may enter into con- tracts 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 per- sons or agencies, public or private, or may use such motor vehicles, as agreed upon by the Public Transit Division, 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 767 or with any mass transit district organized under ORS chapter 267. f ( 3) Motor vehicles used for public transportation purposes pursuant to this section shall not be subject to ORS chapter ) Only those vehicles operated by the district that comply with rules adopted by the State Board of Education under ORS and , 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 , 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; ; 1981 x403 1; ; 1985 c ; 1985 x420 21; 1989 c A30 [ Amended by 1957 c ; renumbered INSURANCE Liability insurance; medical and hospital benefit insurance for students. Any district school board may enter into contracts of insurance for liability covering all activities engaged in by the district or 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 shall in no case be construed as negligence or lack of dill ence on the part of the district school board or the members thereof. Formerly ; 1967 c " Insurance reserve fund. Any school district board by resolution may establish an insurance reserve fund by maldng transfers from the district' s general fun Transfers to the insurance reserve fund shall be included in the district budget prepared and published in accordance with ORS to , and 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 l; 1975 c A40 [ Renumbered TRAFFIC REGULATION Regulation of vehicles on school property. (1) As used in this section, vehicles" means and includes all motor vehicles as defined in ORS 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 make, 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 con- venient or necessary for the policing of such property ) The rules promulgated under subsection ( 2) of this section shall become effective when appropriate signs giving notice thereof are erected upon such property. 4) Every peace officer may enforce the rules promulgated 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 promulgated under

83 LOCAL ADMINISTRATION 332.(135 subsection ( 2) of this section. [ Formerly ; 1983 c ,450 [ Renumbered [ Repealed by 1953 c [ Formerly ; 1975 c ; repealed by 1977 c PERSONNEL Employment and compensation of personnel. A district school board may: 1), Employ a superintendent of schools and necessary assistant superintendents for the district and fix the terms and conditions of employment and the compensation. 2) Employ personnel necessary to carry out the duties and powers of the board and define the duties, terms and conditions of employment and fix the compensation. 3) Compensate district employees in any form which may include, but shall not be limited to, insurance, tuition reimbursement, and salaries. [ Formerly and then ; 1971 c.519 1; 1975 c [ Amended by 1953 c.135 3; repealed by 1965 c ( enacted in lieu of )] [ 1965 c ( enacted in lieu of ); repealed by 1969 c 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 performin the duties required of the district school clerk by law or by the board. [ 1969 c ( Amended by 1953 c ; repealed by 1965 c Bonds for personnel. ( 1) The persons authorized to handle district funds, including the person designated to be custo- dian of district funds under ORS , 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 x ; 1975 c [ Repealed by 1965 c Law enforcement agency in districts of 300,000 or more; personnel as peace officers. ( 1) The district school board of any school district having a population of more than 300,000, according to the latest federal decennial census, 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 ( 4), but only for the purpose of carrying out the duties of their employment. They are not police officers within the meaning of ORS ) 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 per- son 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 x666 2; 1989 c Written personnel policies required. (1) All school districts shall maintain written personnel policies. 2) At least one copy of the written personnel policies shall be placed in the library and in the business office of every school in the district and shall be available for inspection by any school employee or member of the public. 3) The superintendent of each school district shall cause each employee to be specifically informed of the existence and availability of the personnel policies. [ 1973 x ( Amended by 1953 x512 2; 1957 c. 198 l; 1963 c ; 1963 c.570 lb; renumbered [ Amended by 1957 c ; renumbered ] [ Renumbered [ Renumbered

84 EDUCATION AND CULTURAL FACILITIES CENSUS Determination of school census by state and county offices. ( 1) The Superintendent of Public Instruction shall prorate the annual estimate of census as provided in ORS and in pro - portion as the resident average daily membership of each education service district or county school district bears to the total resident average daily membership of the state and certify such to the administrative officer of each education service district or county office. 2) Subject to guidelines approved by the Superintendent of Public Instruction, the ad- ministrative officer of each education service district or county school officer shall appor- tion the census so certified to those common school districts reporting to the education service district or county school office. The estimated district census determined by this manner shall be deemed applicable to all statutory references to the term " census" or school age child" in Oregon Revised Stat- utes. [ 1971 c.294 9] [ Repealed by 1953 c Determination of school census by school districts. The district school board may conduct a student census to de- termine the number of pupils between the ges of 4 and 20 resident therein. [ 1971 c [ Amended by 1957 c ; 1963 c.570 lc; renumbered Determination of residency for school purposes. ( 1) Except as provided in subsection ( 3), ( 4) or ( 6) of this section, children between the ages of 4 and 18 shall be considered resident for school purposes in the school district in which their parents, guardians or persons in parental relationship to them reside. 2) Nonemancipated individuals between the ages of 4 axed 18 living outside the geographic area of the school district for such reasons as attending college, military service, hospital confinement or employment away from home shall be considered resident in the district in which their parents, guardians or persons in parental relationship to them reside. 3) Those individuals considered legally emancipated from their parents shall be considered resident in the district in which they actually reside, irrespective of the residence of their parents, guardians or persons in parental relationship. 4) Children placed by public or private agencies who are living in substitute care programs licensed, certified or approved for a maximum of four children, shall be considered resident in the school district in which they reside by placement of the public or private agency. 5) Persons living temporarily in a school district for the primary purpose of attending a district school shall not be considered leresident of the district in which theyy living temporarily but shall be consid- ered resident in the district in which they, their parents, guardians or persons in parental relationship to them maintain residency. 6) Except as provided in ORS , persons whose legal residence is not within the district but who attend school in the district with the written consent of the affected district school boards shall be considered to be residents of the district in which the person attends school for purposes of the receipt by that district of State School Fund moneys for the person. 7) For the purposes of subsection ( 4) of this section, " substitute care program" means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional 4oup care. [ 1971 c ; 1973 c ; 1979 c c.404 2; 1987 c.533 3; 1989 c Note: Legislative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38, chapter 780, Oregon Laws [ Amended by 1957 c ; renumbered [ Amended by 1957 c ; repealed by 1963 c :620 [ Repealed by 1965 c ASD [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1963 c [ Repealed by 1965 c [ Formerly ; 1965 c ; repealed by 1971 x ] [ Formerly ; repealed by 1965 c [ Formerly ; 1965 c ; repealed by 1971 c [ Formerly ; 1965 c ; repealed by 1971 c [ Formerly ; 1965 c ; repealed by 1971 c [ Formerly ; 1965 c ; repealed by 1971 c INTELLECTUAL PROPERTY District over 300,000 authorized to acquire interest in intellectual properties. ( 1) Any school district or education service district may develop or acquire interests in intellectual property of any land, 30-80

85 LOCAL ADNIINISTR.ATION whether patentable or copyrightable or not, patents, copyrights, inventions, including 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 and to pay an assignor of any interest in intellectual property a share of any moneys received on account of the districts' 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 l, 2; 1975 x 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 and need not require compet- itive bids in connection therewith. No formal publicity or advertising is required for any transaction authorized by this section and ORS , 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 a] MISCELLANEOUS Districts controlling parks. ( 1) Whenever a school district, referred to in this section as the " donee district," has acquired a park or other recreational facility by gift, the terms of which limit the use thereof to the residents of the school district, and the school district subsequently becomes a part of a district enlarged by merger, the district enlarged by merger, after February 14, 1958, may provide for the expense of operating and maintaining the park or other recreational facility as though the donee district had continued in existence. 2) The district school board of the enlarged district is empowered to levy annually a special tax on the property in the donee district for the purpose of operating and maintaining the park or other recreational facility. The board of the enlarged district shall prepare a budget for the expenses of operating and maintaining the park or other recreational facility pursuant to ORS to , and , separate from the budget for the school district. The amount of the levy so determined shall be deemed for all purposes to be in excess of the amount limited by the Oregon Constitution. An election on the question of the levy shall be held in the donee district as provided in ORS and In the preparation of the budget and in the holding of the election, the school district board of the enlarged district shall proceed in the same manner as though the donee district were a municipal corporation. The levy so made shall not be considered for any purpose as part of the levy of the school district and shall be extended on the roll solely on the property constituting the donee district. The receipts from the special tax levied on the property in the donee district shall be expended by the board of the enlarged district in accordance with the budget adopted pursuant to this section. [ 1965 c ; 1981 c [ Formerly ; repealed by 1975 c Issuance of diploma for work completed at certain state institutions. 1) Any person other than a student at the Oregon State School for the Deaf or the Oregon State School for the Blind upon suc- cessful completion of an educational program at elementary or secondary level at a state institution shall receive a diploma evidencing such completion issued by the common or union high school district in which the person last resided prior to commitment to the state institution. 2) All educational records for the person shall be sent to the common or union high school district issuing the diploma. The school district may make a transcript of such records available upon request in the same manner and in the same form as it makes any other transcript available and shall not therein indicate that any of the educational program was completed in any state institution. [ 1969 x451 ll [ Formerly ; repealed by 1965 c & 20 [ Formerly ; repealed by 1965 c [ Formerly ; repealed by 1965 c [ Formerly ; repealed by 1965 c [ Subsection ( 5) of 1963 Replacement Part enacted as 1961 c.570 3; parts renumbered ; subsection ( 8) of 1963 Replacement Part derived from ; repealed by 1965 c

86 EDUCATION AND CULTURAL FACILITIES 30-82

87 Chapter EDITION ESTABLISffiVIENT OF COUNTY UNIT Establishment or continuance of county school district City school districts; laws applicable Union high school districts in county MRM school districts Election to adopt county unit system Election procedure Consolidation of city and county school districts Alternative procedure for organizing county school district; adjustment op assets and liabilities OPERATION OF COUNTY UNIT General school laws applicable to county unit system districts ELECTION OF SCHOOL BOARD Zoning for election of board County school board, number, term, qualification; election; eligibility; effect of rezoning on incumbents Election of directors from zones Action to contest validity of board election Procedure for zoning or rezoning following formation or consolidation Special election of beard after formation or consolidation Effective date of formation or consolidation; terms of directors Application of election laws to election of union high school district board SUPERINTENDENT, LOCAL COMIVIITM 933,2-00 Superintendent' s office Local school committees; election; vacan- cies Function of local school committee Recommendation of local school committee to reject teacher County Unit System FINANCIAL AFFAIRS Apportionment of school funds Creation of district indebtedness Method of paying outstanding warrants of former districts after creation of county school district Joint districts; division of school property Adjustment of subdistrict assets and li- abilities 3M= County district budget procedure DISCONTINUANCE OF COUNTY UNIT M3510 Election to discontinue county unit system Re- creation of prior school districts; directors of re- created districts 33aM8 Validity of contracts upon discontinuance of county district Property of re- created district 339,681 Reassignment of personnel upon discontinuance of district Payment of county school district indebtedness existing at discontinuance; sinking fund; apportionment of certain moneys General school laws reapplicable NEWLY FORMED DISTRICTS 33= 0 Minimum grade offering of new districts CROSS REFERENCES Boundary board in county unit system counties, Boundary proceedings, validity, presumption, City zoning ordinances apply to school district property, District election procedures, Ch. 255 Validity of school district existence, elections, bonds or contracts, procedure to test, , Local school committees in reorganized district, Budget procedure generally, Ch

88 EDUCATION AND CULTURAL FACILITIES 30-84

89 COUNTY UNIT SYSTEM tit ESTABLISHMENT OF COUN'T'Y UNIT Establishment or continuance of county school district. A county school district may be established in accordance with the provisions of this chapter, or may be continued in existence under this chapter, if the boundaries of the county school district do not include territory that is also included within another school district. [ 1959 x424 2; 1991 c ] 33&010 [Repealed by 1975 c [ Repealed by 1975 c City school districts; laws applicable. ( 1) Except as otherwise provided by statutes relating to city school districts, city school districts shall be operated and administered in accordance with the laws applying to common school districts having less than 300,000 population. 2) City school districts having over 100,000 population shall be operated and administered under the laws relating to school districts having over 300,000 population. Amended by 1967 c ; 1976 a [ Repealed by 1975 c MM [Repealed by 1975 c [ 1965 c.275 2; repealed by 1991 c `040 [ Repealed by 1975 c Union high school districts in county school districts. Any union high school district that includes a city school district or that includes territory in more than one county shall not be disturbed by establishment of a county school district under ORS and No county school district tax for high school purposes shall be levied upon property within such union high school district. [ Amended by 1963 c ; 1983 c.284 5a] Election to adopt county unit system. This chapter shall not become effective in any county until the same has been regularly submitted to the electors of the proposed county school district at a general or special election and a majority of the votes cast was in favor of making this chapter effective. [ Amended by 1975 x [, Amended by 1975 x770 32; repealed by 1983 x ( enacted in lieu of )] Election procedure. ( 1) This section establishes the procedure for deter- mining whether this chapter shall become effective in a county. The question shall be decided by election. The county court: a) Shall order an election when a petition is filed as provided in this section. b) May order an election on its own resolution. 2) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS to , unless ORS makes ORS to inapplicable to the county. 3) Only the electors residing within the boundaries of the proposed county school district may vote in an election ordered under this section. 4) An election ordered under this section shall be held on a date specified in ORS [ 1983 c ( enacted in lieu of )] [ Amended by 1957 c.622 5; repealed by 1971 QM 10] Consolidation of city and county school districts. Any city school district may consolidate with a county school district in the following manner: 1) Whenever the county school board and the city school board pass a resolution favoring consolidation of the city school district with the county school district, or when the county school board and the city school board receive petitions of not fewer than 100 electors of the respective districts requesting that the city school district become a part of the county school district, the boards shall thereafter agree in writing upon an adjustment of assets and liabilities. The district boundary board shall act as a board of arbi- tration and decide the adjustment where the school boards are unable to agree. 2) The question of such consolidation shall then be submitted to the electors of each of the school districts at the next regular district election or at a special election mutually agreed upon by the respective school boards. The election shall not be later than six months after receipt of petitions by the respective school boards. No election by petition shall be called in a county under this section within the first six years imme- diately following adoption of this chapter in the county. 3) If a majority of electors voting in each district favors consolidation, the consolidation shall become effective as provided in ORS [ Amended by 1957 c ; 1957 c.622 6; 1967 s. s. c.8 8; 1973 c ; 1975 c ; 1983 c [ Repealed by 1971 c [ Amended by 1957 c.622 7; repealed by 1971 c ] [ Amended by 1967 s.s. c.8 9; repealed by 1975 c [ 1967 s. s. c.8 7; repealed by 1971 c = [ 1959 c.424 3; 1963 c.147 2; 1965 c ; renumbered Alternative procedure for organizing county school district; adjustment of assets and liabilities. ( 1) Notwithstanding ORS , school district boundaries existing prior to the resentation of a petition under subsection ( 2f of this sec-

90 EDUCATION AND CULTURAL FACILITIES tion or any other provision of law, a county school district to be organized under this chapter after May 16, 1959, as provided in ORS may include within its boundaries school districts within the county or adjacent territory in an adjoining county or counties or it may exclude from its boundaries any territory which is part of an existing school district affected by the formation of the county school district and which lies in an adjoining county or counties. The formation of a county school district pursuant to this subsection, which is an alternative to formation procedures under ORS , and , shall be as provided in subsection ( 2) of this section. 2) Notwithstanding ORS and , a county school district, which may include one or more school districts or territory in an adjacent county as provided in subsection ( 1) of this section, may be organized in the following manner: a) Within 60 days after receipt of a peti - tion requesting formation of a county school district as provided in subsection ( 1) of this section, the county court of the county having the largest population in the proposed county school district shall submit to the electors registered in the proposed county school district at a special election called by the court the question of whether a county school district shall be formed as requested in the petition. The costs of the election shall be charged to each common school district included in the proposed county school district in the same proportion as its assessed valuation is to the total assessed valuation of the proposed county school district. The petition must be signed by not fewer than 100 electors who are registered both in the county having the largest population in the proposed county school district and in the proposed county school district specified in the petition. If the proposed county school district includes or excludes territory in another county or counties as provided under subsection ( 1) of this section, the petition to form the county school district shall also contain the signatures of not less than 10 percent of the electors registered outside the county whose territory will be excluded. from an existing school district or included in the county school district as a result of the petition. If the plan for the proposed county school district excludes territory in an adjoining county or counties, an equitable plan for the distribution of assets and liabilities shall be included in the petition and ballot used in the formation of the county school district pursuant to this section. As an alternative procedure to that provided in ORS , an equitable plan for the adjustment of assets and liabilities among the common school districts making up the proposed county school district may be included in the petition and ballot used in the formation of the county school district pursuant to this section. b) Immediately after the election pursuant to paragraph ( a) of this subsection, the county court having jurisdiction of the petition shall canvass the vote upon the question of forming the county school - district. If a majority of the votes cast is in favor of forming the county school district, the county court shall declare that the formation of a county school district has' been'- approved. If the formation of a district has been approved, the county school district shall go into effect 30 days after the election, except that when the election is held in June the district shall go into effect on July 1 follow - ing the election. [ , 5; 1961 x709 l; ; 1975 c ; 1983 c OPERATION OF COUNTY UNIT General school laws applicable to county unit system districts. Except. in so far as they are in conflict with this chapter, all general laws of the state relating to public schools are applicable to all districts- created under this chapter [ Repealed by 1975 c ELECTION OF SCHOOL BOARD Zoning for election of board. A county school district shall be divided into five zones for the election of school directors. Each zone shall be as nearly equal in population as each other zone; provided, however, that in any county school district ' which contains territory within a union high school district which is exempted from the county school district tax for high school purposes by ORS not less than three of said zones must lie wholly outside the boundaries of the union high school district. [ 1971 c [ Amended by 1971 c.47 2; repealed by 1971 c ] County school board; number, term, qualification; election; eligibility; effect of rezoning on incumbents. ( 1) The governing body of a county school district shall be the county school board which con sists of five directors. 2) Except for the school board elected at the special election following the formation of or consolidation involving a county school district the offices of the directors shall be for staggered terms of four years each so that at least one full four -year term of office will be voted upon at each regular election. 3) Except as provided in subsection ( 4) of this section, each director shall be elected

91 COUNTY UNIT SYSTEM by the electors of the district at large. A director must be an elector of the district and a resident of the zone for which the director is elected. However, if as a result of the rezon ng of the district, except following a consolidation involving the district, there is more than one director residing in any zone, the director whose term has the longest to run shall be the director for the zone in which the director resides and the other director for the remainder of that director's term shall be the director for the vacant zone. If there are two or more directors without zones the director with the longest remaining term shall have first choice of the vacant zone which the director will represent dur' the remainder of the directors term and the remaining director or directors shall likewise choose their zones in the order of the length of their remaining terms. Such choice shall be made at the first regular school board meeting following such rezoning. If any director does not make a choice at the school board meeting, the school board shall by- resolution determine the vacant zone which the director shall represent. 4) If a majority of the school board so decides, the board may provide that directors shall be elected as well as nominated from zones. At any time after a school board decides that directors shall be elected by zone, the district school board may rescind the decision and provide that the directors shall be nominated by zone and elected at large. 5) ORS and apply to county school districts. [ 1971 c.289 5; 1983 c2,84 6; 1983 c ; 1991 c ,160 [ Repealed by 1971 c Election of directors from zones. If directors are elected from zones, the -candidate in each zone who receives the plurality of votes in the zone shall be elected. [ 1971 x289 6; 1973 x796 45; 1983 x284 7; 1983 c b] [ Repealed by 1971 c Action to contest validity of board election. The action provided by ORS to may be maintained against a director by an elector of the district in any of the following cases: 1) When the director was not an elector of the district or a resident of the zone for which the director was elected at the time of election. 2) When the director ceases to be an elector of the district, or except in the case of rezoning as provided by ORS ( 3), when the director ceases to be a resident of the zone for which the director was elected. 3) When the director ceases to discharge the duties of office for three consecutive months unless such failure is excused by resolution of the school board. 4) When the director is convicted of a felony. [ 1971 x289 7; 1983 c [ Amended by 1971 c.47 3; repealed by 1971 x289 10] [ 1971 c.289 8, 9; repealed by 1975 c MU90 [Repealed by 1971 c ] Procedure for zoning or rezoning following formation or consolidation. (1) The district boundary board shall proceed to zone or rezone the county school district in the manner provided in this section immediately following any election in which the formation of or any consolidation involving such district is approved by the electors. Thereafter, upon a petition being filed with the district boundary board signed by not fewer than three members of the county school board or by not fewer than 100 electors of the county school district, which alleges that the district boundary board has not held a public hearing for the rezoning of the school district for a period of at least 10 years prior to the filing of the petition and requests the district boundary board to hold such a hearing, the district boundary board shall, if it finds that the petition complies with the law and that its allegations are true, proceed in the manner provided in this section. 2) The district boundary board shall by resolution set a time and place for a public hearing for the zoning of the school district and shall cause notice of such time and place to be published in the manner provided by ORS ) At the time and place set for the hearing, which place shall be the office of the district boundary board or the place within the county school district designated in the resolution, the district boundary board shall hear and receive the oral and written statements and recommendations of the electors and property owners of the county school district and of the school board of the district and if held following a consolidation election the electors, property owners and school board of the consolidated district. 4) Following the hearing the district boundary board may meet from time to time, without further notice, for the purpose of zoning the district. It shall consider the statements and recommendations received at the public hearing. It may consider any school records, the school census, the federal census and state certificates of population and may request the State Board of Higher Education to conduct an actual count of the population within the school district or any proposed zone pursuant to the provisions of ORS ( 2). It may retain or employ ap

92 EDUCATION AND CULTURAL FACILITIES propriate professional and other special assistance reasonably required to conduct its investigation. 5) At the conclusion of its investigation and deliberation, the district boundary board shall divide the county school district into five zones for the election of school directors. Each zone shall be as nearly equal in population as each other zone; provided, however, that in any county school district which contains territory within a union high school district which is exempted from the county school district tax for high school purposes by ORS not less than three of the zones must lie wholly outside the boundaries of the union high school district. 6) The district boundary board shall adopt a resolution setting forth by metes and bounds the description of each of the five zones and shall designate each zone by number or name. Upon adopting the resolution, the zones shall henceforth and until the next rezoning be the zones for election of directors of the county school district. [ 1971 c.289 2; 1983 c Special election of board after formation or consolidation. ( 1) At the same meeting at which the zoning resolution IS adopted following the formation of or consolidation involving a county school district, the district boundary board shall also adopt a resolution calling a special election for the election of the school board of the county school district. 2) Candidates for director shall be nominated and the district boundary board shall give notice and conduct the special election in the manner provided by law for zoned common school districts with a population of less than 300,000. 3) At the special election five directors shall be elected by the electors of the district at large for terms of one, two, three and four years respectively. 4) The ballot shall designate each posi- tion to be filled by its zone number or name in the same manner as at an annual county school district election except that it shall not state the number of years in each term. The candidate in each zone who receives the plurality of the votes for such position shall be elected the director for the zone. 5) Of the five directors who are elected to the county school board, the two directors who received the most votes shall hold the four -year terms, the director who received the third most votes shall hold the three -year term, the director who received the fourth most votes shall hold the two-year term and the director who received the least votes shall hold the one -year term. [ 1971 e [ Amended by 1967 c.379 l; repealed by 1971 c Effective date of formation or consolidation; terms of directors. ( 1) The effective date of the formation of or consolidation involving the county school district shall be July 1 following the election of the county school board except that if the election was held between January 1 and July 1 the effective date shall be July 1 of the following year. 2) The term of each director shall be deemed to run from the effective date of the formation or consolidation but during the period following their election and prior to the effective date, the county school board, so elected, shall have authority to take any action which is essential in order that the school district may carry out its required functions after the effective date, including the preparation and adoption of a budget and the reference of questions relating to the budget or serial levies to the electors of the district and the employment of personnel x [ Amended by 1969 c.64 l; 1969 x541 3; repealed by Application of election laws to election of union high school district board. ORS to apply to the nomination and election of the district school board of any union high school district that operates in a county organized under ORS chapter 333. [ 1979 c47 1; 1983 x [ Repealed by 1975 c SUPERINTENDENT; LOCAL COIVIlVHTTEE [ Repealed by 1975 c Superintendent' s office. (1) The county court or board of county commissioners shall provide the county district superintendent of schools with an office in the county courthouse or other available location and with necessary office furniture, which shall be paid for out of the county general fund. 2) At the discretion of the county court or board of county commissioners, the county may provide additional office space for the county school district and may charge the district a reasonable sum as rent for such space. 3) The board of a county school district may rent such office space as may be required when the space made available by the county is considered to be inadequate. Amended by 1975 c [ Repealed by [ Repealed by 1975 c [ Repealed by 1975 c

93 COUNTY UNIT SYSTEM YM Local school committees; election; vacancies. ( 1) In each subdistrict of the county school district a local school committee of five members shall be elected by the electors of the subdistrict. 2) For the purpose of subsection ( 1) of this section, when the county school board has assigned any child to an attendance unit in a subdistrict other than the one in which the child resides: a) Each elector of the district whose child has been so assigned may vote in the election of local school committee members only in the subdistrict to which the child has been assigned. b) If the child so assigned is an elector of the district, the child may vote in the election of local school committee members only in the subdistrict to which the child has been assigned. 3) The members of the school board of the school district in which the school was located * to the creation of the county school district shall serve as committee members of the subdistrict of the county school district. 4) The term of a member is four years. 5) A regular district election shall be held in each subdistrict to elect a member to succeed any member whose term expires June 30 next following the election and to fill any vacancy. 6) A person shall be nominated as a candidate for member of a committee by filing a petition for nomination or a declaration of candidacy under ORS If a candidate is nominated by petition and members are nominated from subdistricts, the petition must be signed by at least 10 electors residing in the subdistrict from which the candidate seeks nomination. 7) Any vacancy on the local school committee shall be filled by the remaining members of the committee by appointment. The period of service of an appointee shall expire June 30 next following the next regular district election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires June 30 after 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. [ Amended by 1953 c.227 2; 1973 c ; 1975 c a; 1983 c ; 1987 c Function of local school committee. The local school committee, under rules and regulations of the county school board, shall care for the school property and make recommendations for its use for civic purposes not inconsistent with its primary use. The local school committee shall also visit the school at frequent intervals, report to the county district superintendent of schools concerning the progress and needs of the school and the wishes of the people concerning the school and recommend impprovements in the school property. ( Amended 6y 1975 e ,400 [ Repealed by 1967 c Recommendation of local school committee to reject teacher. By unanimous consent the local school committee may, not later than March 1 of each year, recommend rejection for the ensuing year of any teacher assigned to a school within its jurisdiction by the count school board. The recommendation shall be delivered to the superintendent of the district in writing and shall specify the reason for the recommendation. The board shall review the recommendation submitted by the local school committee and make final determi- nation. ( 1967 x315 4; 1975 c FINANCIAL AFFAIRS Apportionment of school funds. All moneys received from the state for use in any county in which this chapter is in effect and all county school funds of such county shall be apportioned by the county district superintendent of schools among the school districts of the county, on the pro rata basis provided by law for dis- tribution of the particular fund. Apportionment of school funds shall be in conformity with ORS , and , except that where " county school superintendent" is used in those statutes, it means " county district superintendent of schools" for the purposes of this section. [ Amended by 1957 x Creation of district indebtedness. The county school board may create indebtedness for the county school district for school purposes. [ Amended by 1975 c Method of paying outstanding warrants of former districts after creation of county school district. ( 1) The county school board may, by resolution at a regular or special board meeting establish an indebtedness fund of the county school district," which fund sia lobe kept by the county treasurer separate from the county district general fund. All uncollected taxes levied by the several school districts composing the county school district, except taxes levied for the current fiscal school year and remaining uncollected at the time the county school law becomes effective in the

94 EDUCATION AND CULTURAL FACILITIES county, shall accrue to such indebtedness fund. 2) Any unpaid warrants indorsed " not paid for want of funds" legally issued by any elementary district, union or nonhigh school district, high school or county high school district becoming a part of any county school district, shall be paid out of moneys accruing to the indebtedness fund from the delinquent taxes constituting the general security for the payment of all such warrants. Such outstanding warrants shall be paid in an order of payment determined by the county school board and shall bear interest until paid at six percent per annum payable each year in cash. Accrued interest on all such warrants shall be paid each June 1 upon order of the county school board by warrants drawn on the county treasurer against the indebtedness fund. On June 1 of any year, the county school board may exchange warrants held by any investor for one or more warrants issued against said fund in convenient denominations, the total of which shall equal the par value of the warrants so exchanged. The county school board may transfer any cash on hand at the close of any fiscal school year to the indebtedness fund. If the amount received from delinquent taxes is insufficient to pay all such claims and accrued interest in full within a reasonable period of years, the county school board shall levy a special indebtedness tax, upon the property included in the county school district at the time this chapter became effective in the county, for the purpose of creating revenue sufficient to pay all such remaining claims. Any balance remaining in the indebtedness fund after all warrants and accrued interest charges against such fund are paid shall be transferred to the county district general fund by order of the county school board. Any delinquent taxes paid thereafter shall accrue directly to the county district general fund Jomt districts; division of school property. If this chapter becomes effective in any county having a joint school district with any other county, the district boundary boards of all counties in which such district is located shall divide and apportion the school property of such district. If the boundary boards fail to reach a settlement within 60 days, the county district superintendent of schools and the county school superintendent concerned shall each appoint one member of an arbitration board and the two appointees shall appoint the third member. The arbitration board shall divide and apportion the school property of the joint school district within 30 days Adjustment of subdistrict assets and liabilities. (1) Within 30 days after this chapter becomes effective in any county, the county school board shall employ an appraiser approved by the Department of Revenue to appraise all real and personal property owned by each subdistrict within the county which has united to form the county school district, including the equity of each subdistrict in the property of any union high * school district lying wholly within the county school district, and shall estimate the value of all unpaid taxes in each subdistrict and determine the total indebtedness of each such subdistrict. The ap- Mpraisal shall be made in conformity with the s and regulations of the Department of Revenue. The appraiser shall, on the completion of the work, file a written report with the county school board, which report shall show the kind and value of all property owned by each subdistrict, the estimated value of all unpaid taxes, and the nature and amount of all indebtedness. 2) Unless the county school board modifies the report within 30 days, it shall be deemed approved. The county school board shall send a complete copy of the report as approved to each member of the local committee in each subdistrict immediately upon approval thereof. 3) An appeal may be taken to the district boundary board from any portion of the report, as approved by the county school board, within 30 days of the mailing of such report to the local committeemen by a petition signed by 10 percent, but not less than five of the electors in any subdistrict, which petition shall set forth in full detail wherein such report, or any portion thereof, is inaccurate or unjust. The district boundary board shall fix a date for a hearing upon the petition and shall, after the hearing, decide all questions raised in the petition. In Makin its decision the district boundary board shall be governed by any rules and regulations of the State Board of Education ) All districts shown by the appraisal to have assets in excess of liabilities shall be allowed a credit equal to the amount of such excess, which credit shall be deducted from the taxes levied by the county school district against the property within such subdistrict and shall be distributed annually over a period of not to exceed 15 years at the discretion of the county school board. If any subdistrict is shown by said appraisal to have liabilities in excess of assets, the county school board shall collect the amount of such excess liabilities by levying a special tax annually upon the property in such subdistrict,

95 COUNTY UNIT SYSTEM and shall collect such excess liabilities within a period of not to exceed 15 years, at the discretion of the county school board. 5) If any district high school, union high school or county high school district becomes united with a county school district by the provisions of ORS to assets and liabilities of such districts shali be adjusted in the manner provided in subsections ( 1) to ( 4) of this section County district budget procedure. ( 1) On or before the last day of May of each year, the county school board shall prepare a budget showing the amount of money which in the judgment of the board will be needed in the ensuing school year for the maintenance, operation and support of all schools of the district and for acquiring or improving school sites, after deducting therefrom sums expected to be received from statewide and county -wide taxes or from other state or county funds. 2) The county school board shall give a reasonable opportunity for electors of the district to criticize the budget at a meeting called for the purpose, as provided by law in first class districts. 3) When the county school board has finally determined upon the statement of expenses for the items indicated in subsection 1) of this section the school district clerk shall report to the county clerk and county assessor not later than July 15 of each year the amount of tax levied by the county school board for the maintenance, operation and support of the public school system of the district, and for acquiring and improving school sites. [ Amended by 1983 c [ Repealed by 1975 c DISCONTINUANCE OF COUNTY UNIT Election to discontinue county unit system. ( 1) Upon the petition of not less than 20 percent of the electors of a county school district, or by referral to the electors by the county court, or by referral to the electors by the school board, the county court, at a general or at a primary election, shall submit to the electors of the county the question whether the county unit system of public schools shall be discontin- uesi..snl,the county and be replaced by the system specified in the ballot measure. If a majority of the votes cast is in favor of discontinuing the county unit system and cre- ating a new system: a) The county court shall declare the question approved; b) The system shall be discontinued in the county from and after the second June 30 next following the election; and c) The system specified in the ballot measure shall replace the discontinued system on the second July 1 next following the election. 2) When an election to discontinue the county unit system has been held, no election for the same purpose shall be held within a period of six years from the date of the last election. Whenever any county adopts the county unit system, no election shall be held in such county to discontinue the county unit system for a period of six years from the date of the election at which the county unit system was adopted. 3) At the same time as it submits the question described in subsection ( 1) of this section, the county court may also submit the question of a tax base or bases for the system proposed. If the county court does not submit the tax base question at that election, it may submit the question of an operating levy to the electors of each newly created school district in the years following the primary or general election to be effective in the year the district commences operation. Amended by 1973 c ; 1979 c.710 l; 1983 c Note: The amendments to by section 74, chapter 267, Oregon Laws 1987, are repealed January 1, See section 82, chapter 267 Oregon Laws The temporary text is set forth for the user' s convenience ( 1) Upon the petition of not less than 20 Eof the electors of a county school district, or by referral to the electors by the county court, or by referral to the electors by the school board, the county court, at a general or at a biennial primary election, shall submit to the electors of the county the question whether the county unit system of public schools shall be discontinued in the county and be replaced by the system specified in the ballot measure. If a majority of the votes cast is in favor of discontinuing the county unit system and creating a new system: proved; a) The county court shall declare the question ap- b) The system shall be discontinued in the county from and after the second June 30 next following the election; and c) The system specified in the ballot measure shall replace the discontinued system on the second July 1 next following the election. 2) When an election to discontinue the county unit system has been held, no election for the same purpose shall be held within a period of six years from the date of the last election. Whenever any county adopts the county unit system, no election shall be held in such county to discontinue the county unit system for a period of six years from the date of the election at which the county unit system was adopted. 3) At the same time as it submits the question described in subsection ( 1) of this section, the county court may also submit the question of a tax base or bases for the system proposed. If the county court does not submit the tax base question at that election, it may submit the question of an operating levy to the electors of each newly created school district in the years following the biennial primary or general election to be effective in the year the district commences operation

96 EDUCATION AND CULTURAL FACILITIES Re- creation of prior school districts; directors of re- created districts. 1) Upon discontinuance of the county unit system, all school districts in the county existing at the time the county unit system became effective, and which were discontinued thereby, hereby are re- created with the same boundaries as immediately prior to the date when the county unit system became effective, or as otherwise specified in the ballot measure. 2) The ballot measure shall specify the date for the election of new school board members according to law on a school election date prior to the July 1 when the new district or districts would be created. The existing county unit school district board shall become the education service district board upon discontinuation of the county unit system and shall be subject to ORS chapter 334 and other applicable laws. Amended by 1979 c.710 2; 1983 x610 _ [ Repealed by 1963 c Validity of contracts upon discontinuance of county district. All contracts made by the county school board terminating after discontinuance of the county unit system shall be considered contracts of and binding upon the newly created education service district until the expiration thereof as provided in the contract. [ Amended by Property of re- created district. Whenever a county unit school district ceases to exist, its real property shall pass to the successor education service district. The successor education service district shall have the authority to distribute existing property to the newly created school districts in accordance with the ballot measure. Amended by 1979 c rM [ Repealed by 1979 c ( enacted in lieu of )] Reassignment of personnel upon discontinuance of district. Upon discontinuance of a county unit school district, the education service district shall have authority to reassign personnel to the newly created school districts. [ 1979 c ( enacted in lieu of )] Payment of county school district indebtedness effisting at discontinuance; sinking fund; apportionment of certain moneys. ( 1) All bonded or other indebtedness of the county school district existing at the time of its discontinuance shall be paid from funds derived from taxes levied by the county court on property in the territory which constituted the county school district during its existence. The taxes collected shall be kept in the education service district fund in the county treasury and shall be handled and may be invested and applied as other district funds derived for such pur- pose. 2) All sinking funds belonging to a county school district at the time of its discontinuance shall be administered by the county court in the manner provided by law for the handling of school district sinking funds. 3) All money received for taxes levied prior to discontinuance of the county school district or received from any source for pay- ment of maintenance and operating expenses of the county school district after its discon- tinuance shall be apportioned among the newly created school districts by the educa- tion service district in accordance with the ballot measure. [ Amended by 1979 c General school laws reapplicable. Upon discontinuance of the county unit system and except where ORS to provides otherwise, all general laws relating to the public school system, school districts and powers and duties of county and district officers in relation thereto are applicable in the county as if the county unit system had never been in force. NEWLY FORMED DISTRICTS Minimum grade offering of new districts. All newly organized school districts shall offer as a minimum grades 1 through 12. [ 1979 c ,990 [ Repealed by 1975 c

97 Chapter EDITION Education Service Districts Purpose GENERAL Education service district; inapplicability of certain statutes to certain boards Composition of education service district EDUCATION SERVICE DISTRICT BOARD Number of board members; election from zones 334= Zones Nomination of candidates Election procedure Term of office; eligibility; election of suc- cessors; vacancies 334,0 6 Declaration of vacancy in office of direc- tor-, removal; recall Organization of board, meetings; quorum; 3341M compensation STATUS AND POWERS Status and power of board Title of real property when district ceases SU145 Office space provided by county; payment of rent; additional space; purchase of re- quired space Special services and facilities within district Special services and facilities outside district Gifts for guidance clinics Standards of adequacy of services; plans for substandard districts; effect of failure to comply 334= 5 Superintendent; duties; compensation BUDGET AND TAX LEVIES District budget Tax levy Levy of tax Apportionment of levy; split between ele- mentary and secondary school purposes BUDGET AND TAX LEVIES IN CERTAIN COUNTIES Tax equalization procedure in Grant, Wallowa and Wheeler Counties Preparation of budget for local school district or school unit; when levy on such budget may be made by local district Bucyet may include an emergency aid fun SUM Education service district board powers and duties as to budgets of local districts; levy of tag Certification and extension of district tax levy Apportionment of levy proceeds 334A10 District tax powers; tax powers retained by districts METHOD OF CHANGING FINANCIAL OPERATING PROCEDURE 334AN Method of changing financial operating procedure Effective date of change MERGER Petition; review by state board, notice; hearing Election; effective date Consolidation in education service districts over 300, Joint meeting; zoning; election of new di- rectors Nomination Term of office Power of new board prior to existence of new district Power of new board generally CROSS REFERENCES City zoning ordinances apply to school district property, Community school program, District election procedures, Ch. 255 Education service district board as district boundary board, Levy to be in dollars and cents, School district budgets and taxes, Ch. 328 Services by community college authorized, Personnel, teaching licenses, Intellectual property, acquisition, Authority of school district to expend emergency aid fund,

98 EDUCATION AND CULTURAL FACILITIES 30-94

99 EDUCATION SERVICE DISTRICTS GENERAL Purpose. ( 1) It is the purpose of this chapter to provide maximum excellence in education and as nearly equal educational opportunities for all the children of this state as is feasible under optimum local control. In order to accomplish this purpose the Legislative Assembly intends that the education service districts established under the provisions of ORS shall succeed the rural school district. 2) In its state role, the education service district serves to assist the State Board of Education, through contract, in providing state -level services and support of state laws and state minimum standards. 3) At the local level, the education service district shall provide professional services and facilities in education and shall furnish such services and facilities, on a cooperative basis with local districts, as may further the intent and purposes of this chap- ter. [ 1963 x544 l; 1975 c.477 1; 1983 c Education service district; inapplicability of certain statutes to certain boards. ( 1) There is created in each county not operating under ORS chapter 333, and which has more than one school district, a district to be known as the education service district and a governing body thereof to be known as the education service district board. 2) There is created in any county which ceases to operate under ORS chapter 333 and which has more than one school district a district to be known as the education service district and a governing body thereof to be known as the education service district board. 3) The education service district board of education service districts formed under subsection ( 2) of this section shall consist of the members of the school boards of all school districts within the county. 4) The provisions of ORS , , and shall not apply to school boards established by subsection ( 2) of this section. [ Amended by 1961 c.153 1; sub- sections ( 3) and ( 4) enacted as 1961 x153 2; 1963 c ; 1965 c , 1977 c Composition of education service district. ( 1) Except as the boundaries of an education service district may be changed by merger under ORS to or other provision of law, the education service district consists of the common or union high school districts within or part of the education service district on September 2, ) Where a boundary change or formation of a common school or union high school district results in a joint school district, the joint school district shall be included in the education service district in which the joint district's administrative office is located. [ Amended by 1957 c.678 2; 1963 c ; 1965 c ; 1975 c EDUCATION SERVICE DISTRICT BOARD Number of board members; election from zones. ( 1) The board of directors of an education service district shall consist of seven members. 2) In education service districts, not more than five and not less than two of the seven directors shall be elected, one from each of the zones established under ORS , and at least two shall be elected from the district at large. 3) In an education service district which has fewer than five common school districts, one director shall be elected from each of the common school districts and the additional directors shall be elected from the district at large. [ 1957 c.678 4; 1961 x323 1; 1965 c ; 1981 c [ Repealed by 1957 c Zones. The district boundary board shall divide each education service district into not more than five zones as nearly eqqual in census population as may be practicable, measured along common school district boundary lines except that zones may be established us ng voting precinct boundaries in order to achieve greater equality of population. The district boundary board may readjust the boundaries of such zones once each year and shall readjust the boundaries of the zones immediately upon any change of the boundaries of the education service district. [ 1965 c ; 1975 c.206 1; 1981 c A35 Nomination of candidates. ( 1) In education service districts having a population of less than 300,000 according to the latest federal census, a candidate for the district board shall be nominated in accordance with ORS except as provided in this section. When a candidate is nominated from a zone by a nominating petition, the nominating petition must be signed by electors registered in the zone in which the candidate is a resident and who are qualified to vote in their respective common school districts. When a candidate is nominated at large by a nominating petition, the nominatingg petition must be signed by electors of the district. A candidate for education service district board member must be qualified to vote in the election in which the individual is a candidate. 2) In education service districts having a population of 300,000 or more according to 30-95

100 334AM EDUCATION AND CULTURAL FACILITIES the latest federal census, the name of any qualified person nominated as provided by ORS shall be placed on the ballot as a candidate for the office of director of the education service district. [ 1957 c.678 5; 1963 x544 32; 1965 e ; ; 1974 s.s. c.46 5; 1981 e.131 3, 1983 c.83 66; 1983 c M (Amended by 1957 c ; repealed by 1957 c Election procedure. ( 1) In edu- cation service districts having a population of less than 300,000 according to the latest federal census, members of the board shall be elected at the time of the regular school election for the term commencing July 1 as provided in ORS For this purpose a district election shall be held in such districts in those zones from which a member or members of the board are to be elected, and in the district as a whole when a mem- ber or members at large are to be elected. 2) In any education service district which has a population of 300,000 or more according to the latest federal census, members of the board shall be elected at the regular biennial election for the term commencing July 1 as provided in ORS The registrar of elections of the county in which such district is located shall be the election officer for such elections. 3) The education service district shall pay the actual cost of printing ballots and tally sheets for each election under sub- section ( 2) of this section, and the cost of checking signatures on certificates of nomination, together with such proportionate part of the general expenses of such election as may be agreed upon by the board and the governing body of the county. 4) All elections of members of the board shall be held as provided in ORS chapter c.678 8; 1963 x544 33; 1965 x ; 1973 c , 1975 x647 29b; 1977 e ; 1981 x131 4; 1983 c A50 [ Repealed by 1957 c M [Amended by 1957 c.622 8; repealed by 1957 C.678 1] [ Amended by 1957 c.678 6; repealed by 1965 x ] [ Repealed by 1957 c Term of office; eligibility; election of successors; vacancies. ( 1) The term of office of director of an education service district shall be four years. 2) The term of office of each director of an education service district shall begin on July 1 next following the date of election. A director shall serve until June 30 next following the election of a successor. 3) A director of an education service district must qualify by taking an oath of office before assuming the duties of office. 4) A newly appointed director of an education service district shall take office at the meeting of the education service district board next following the appointment. 5) A person is not eligible to serve as a director of an education service district unless the person is an elector of the district and has resided therein for a period of one year immediately preceding the election or appointment. 6) No employee of an education service district is eligible to serve as a director of the education service district by which the employee is employed. 7) A regular district election shall be held in a district to fill any vacancy and to elect a successor for any director whose term expires June 30 next following the election. A successor shall be elected as follows: a) If the director was elected from a zone established under ORS , a successor from the same zone shall be elected by the electors of the zone. b) If the director was elected at large a successor shall be elected at large by the electors of the district. 8) Notwithstanding subsection ( 7) of this section, in any district having a population of 300,000 or more according to the latest federal census that becomes zoned according to ORS , the board shall determine prior to the nomination of school directors which positions shall be from zones and which positions shall be at large. 9) Any vacancy on the board from any zone shall be filled by the remaining directors from among the qualified persons in that zone. Any such vacancy from the district at large shall be filled by the remaining directors from among the qualified persons in the district. However, if vacancies occur in a majority of the positions on the board, the governing body of the county in which the administrative office of the district is located shall fill the vacancies from among the qualified persons of the zones, if any, or from among other persons who are qualified to serve. The period of service of an appointee under this subsection expires June 30 next following the next regular district election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the ap- pointment was made expires June 30 after 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. [ Amended by 1957 c.678 9; 1965 c ; 1971 c.47 4; ; 1975 c ; 1981 c.131 5; 1983 c ;

101 EDUCATION SERVICE DISTRICTS 3SC Declaration of vacancy in office of director; removal; recall. ( 1) The education service district board shall declare the office of director vacant upon the happening of any of the following: a) When an incumbent dies or resigns; b) When an incumbent is removed from office or the election thereto has been de- clared void by the judgment or decree of any competent court; c) When an incumbent ceases to be a resident of the education service district; d) Subject to the provision of subsection 2) of this section, when an incumbent ceases to be a resident of the zone from which nominated; e) When an incumbent ceases to discharge the duties of office for two consecutive months unless prevented therefrom by sickness or other unavoidable cause; or f) When an incumbent is recalled. 2) A director nominated from a zone who changes permanent residence from one zone to another zone in which another director resides shall continue to serve as director until the next regular election when a successor shall be elected to serve for the remainder of the unexpired term. 3) A director ilty of misfeasance or malfeasance in o ce, by the appropriate proceeding, may be removed from office by a court of competent jurisdiction. 4) Members may be recalled in the man- ner provided for recall of directors of school district boards. [ 1981 c.131 7, Organization of board; meetings; quorum; compensation. ( 1) Each education service district board shall meet during July and organize b electing one of its members chairman any one vice chairman, each of whom shall serve until a successor is elected and qualified. No member shall serve as chairman for more than two years in succession. 2) Regular meetings of an education service district board shall be held on meeting dates determined by the board. Special meetings may be held on dates to be determined by the board. 3) Members of the education service district board shall receive no compensation for their services, but shall be reimbursed for all traveling and other expenses necessarily incurred in performing their duties as members of the board. 4) A majority of the members of the education service district board shall constitute a quorum. A lesser number may meet and adjourn from time to time and compel the presence of absent members. The affirmative vote of a majority of members of the board is required to transact any business. 5) Any duty imposed upon the education service district board as a body must be performed at a regular or special meeting and must be made a matter of record. The consent to any particular measure obtained of individual members when the board is not in session is not an act of the board and is not binding upon the district. [ Amended by 1963 c ; 1966 e ; 1975 c.477 8; 1976 c c; a; 1981 c KI10 [Repealed by 1965 c MM [Amended by 1957 c ; 1963 c ; 1965 x ; renumbered STATUS AND POWERS Status and power of board. ( 1) The education service district is a body cor- porate. 2) The education service district board is authorized to transact all business coming within the jurisdiction of the education service district and may sue and be sued. 3) The education service district board shall perform all duties required by law, including but not limited to: a) Distribution of such school funds as it is empowered to apportion; b) Conduct of audits; c) Duties as district boundary board; d) Budget and tax levying duties; e) Curriculum improvement; and f) Special education programs. 4) The education service district board may employ and fix the compensation of such personnel as it considers necessary for carrying out duties of the board. 5) The education service district board: a) May locate, buy, accept by gift or lease such land, buildings and facilities as may be required for district purposes. Leases authorized by this section may be for a term of up to 30 years and include lease - purchase agreements whereunder the district may acquire ownership of the leased property. Lease- purchase agreements shall be subject to the provisions of ORS ( 2) b) 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.

102 EDUCATION AND CULTURAL FACILITIES c) May lease, sell and convey property of the district as the board considers unnecessary to such purposes. d) May purchase relocatable structures in instalment transactions in which deferred instalments of the purchase price are payable over not more than 10 years from the date of delivery of the property to the district and are secured by a security interest in the property. The transactions may take the form of, but are not limited to, lease- purchase agreements. e) May accept money or property donated for the use or benefit of the district and use the money or property for the purpose for which it was donated. 6) The education service district board may make rules it considers necessary to carry out the duties of the board. [ 1965 cloo 179; 1975 c.477 6; 1977 c.56 1; 1981 c406 1; 1983 c.133 1; 1983 c.187 3; 1985 c Title of real property when district ceases. Whenever an education ser- vice district ceases to exist, its real property shall pass to the successor district, which is authorized to treat such property in the same manner as its predecessor district did. [ 1975 c [ Repealed by 1957 c [ 1963 x544 50k; 1965 c ; renumbered [ Repealed by 1957 c Office space provided by county; payment of rent; additional space; purchase of required space. ( 1) At the discretion of the county court or board of county commissioners, the county may provide space for the board, superintendent and staff of the education service district and may charge the district a reasonable sum as rent for this space. 2) The board of an education service district may rent such space as may be re- quired when the space offered by the county is considered to be inadequate. Subject to ORS , the board may purchase such required space. [ 1967 c379 2, 3; 1975 c477 5; 1977 c [ Repealed by 1957 c [ Amended by 1963 c ; repealed by 1965 c [ Repealed by 1957 c Special services and facilities within district. ( 1) The education service district or a combination of education service districts or a school district under contract with an education service district or districts may provide services and facilities, including but not limited to central purchasing, li- brary, curriculum material, special teachers and special programs under ORS chapter 343 to all school districts which are a part of the education service district or districts. If the education service district owns a planetarium, the district may promote public events and may sell tickets for public events at the planetarium. 2) The extent and nature of such facilities and services must be: a) Agreed upon on or before March 1 by resolution of two - thirds of the common and union high school districts which are a part of the education service district or districts and which have at least a majority of the pupils included in the average daily membership of the education service district or dis- tricts, as determined by the reports of such school districts for the preceding year, enrolled in the schools of the districts; and b) Within the authority of the interested districts. 3) Notwithstanding subsection ( 2) of this section, the education service district or a school district under contract with an education service district may provide facilities and services of the type specified in subsection ( 1) of this section by agreement and on a reimbursable basis to any school district or combination thereof within the education service district. 4) Subject to subsections ( 1) and ( 2) of this section and ORS , the education service district may establish or participate in all rograms under ORS chapter 343. [ 1963 c , 12; 1965 c , 1967 c ; 1985 c.200 l; 1991 c [ Repealed by 1957 c Special services and facilities outside district. ( 1) Facilities and services authorized under ORS ( 1) may be provided to common and union high school districts which are not a part of the education service district or districts by agreement on a reimbursable basis. The pupils residing in such districts shall not be included in the computation of the percentage required by OR ( 2xa). 2) Expenditures by the education service district board for special services and facilities provided on a reimbursable basis under this section are limited to the moneys received from the participating common or union high school districts for the purpose specified and are not subject to the Local Budget Law ( ORS to , and ). 3) Budget estimates of expenditures for special services and facilities provided on a reimbursable basis under this section must show the estimates of moneys receivable from participating common and union high school districts and must be shown as offsetting revenue items. [ 1965 c [ Repealed by 1957 c

103 EDUCATION SERVICE DISTRICTS [ Repealed by 1957 c [ 1953 c.390 2; renumbered and then [ Amended by 1957 c ; renumbered and then Gifts for guidance clinics. An education service district board may accept g1ftftss and bequests of money for the estabfishment and conduct of child guidance clinics. The board shall deposit any such money received in a special fund with the county treasurer and the money shall be expended under the direction of the board for the purposeess1 for which it was donated. [ Formerly W Standards of adequacy of services; plans for substandard districts; effect of failure to comply. ( 1) The State Board of Education by rule shall establish standards to determine the adequacy of ser- vices and facilities provided by the education service districts. In establishing such stand- ards, the state board shall consider the most economic method of providing services and facilities, the quality of the services and facilities according to the best educational standards, and the needs of the students. 2) The State Board of Education, in accordance with the provisions of ORS to , shall establish rules for a determination that an education service district is substandard. When the board determines pursuant to such rules that an education service district is substandard, the district designated substandard shall file a plan to meet standards over a specified period of time. The board may accept, reject or modify the plan and order the substandard district to compl with the plan as approved by the board. The board shall establish by rule appropriate sanctions for noncompliance; such sanctions may include mandatory merger of the substandard education service district with a contiguous education service district that is standard. [ 1975 c.477 3; 1989 c [Renumbered and then SUPERINTENDENT Superintendent; duties; compensation. ( 1) The education service district board shall employ a superintendent who must hold an administrative license as a superintendent. The superintendent shall serve as the board' s executive officer, give an official bond or an irrevocable letter of credit issued by a commercial bank as defined in ORS , and have the duties prescribed by the board and the laws of this state. The board shall fix the term and compensation of the superintendent, provide office room for the superintendent and allow all of the superintendent' s necessary traveling expenses. 2) The education service district board shall designate the superintendent as the district clerk. The board may appoint qualified persons as deputies to the superintendent to perform the duties required of the district clerk by law or by the board. Formerly , 1975 c.278 9; 1975 c.477 9a; 1983 c.379 9; 1985 c.195 1; 1991 e [ Amended by 1953 x429 2; 1957 c ; renumbered and then [ Formerly ; repealed by BUDGET AND TAX LEVIES District budget. ( 1) The education service district board shall be subject in all respects to the Local Budget Law ( ORS to , and ), except that in addition to other qualifications, members of the budget committee who are not members of the education service district board shall be members of common school and union high school district boards within the education service district. 2) The board of the education service district is authorized to prepare and adopt a budget for its own expenses, including expenses for travel, for providing the board with professional and clerical assistance, and for such services, equipment and supplies as the board may require. The board' s expenses may include amounts necessary to provide special services and facilities authorized by ORS ( 1) and ( 2). [ 1957 x , 1963 c ; 1965 c ; 1981 c [ 1957 c ( 1); 1957 s.s. c.4 1( 1% 1965 c ; repealed by 1977 c [ 1957 c (2` 1957 s.s. c.4 1(2); 1965 c ; repealed by 1977 c Tax levy. ( 1) Unless otherwise authorized by a vote of the people, in its budget prepared for each fiscal ear, each education service district to which this section and ORS apply shall compute a tax levy for its operational, administrative and resolution services expenses budget prepared under ORS in an amount not to exceed the sum of: a) The greatest amount levied for those same purposes in any one of the last four years plus six percent thereof, not including the amount levied in paragraph ( b) of this subsection; plus b) The amount levied for purposes of subsection ( 2) of this section plus an amount equal to six percent thereof in the year used in the computation in paragraph ( a) of this subsection. 2) The amount realized under paragraph b) of subsection ( 1) of this section must be used by each education service district in that fiscal year pursuant to ORS for support of cost for providing services and

104 EDUCATION AND CULTURAL FACILITIES programs for children with disabilities, for the talented and gifted or for bilingual or English as a second language education as these programs are defined in ORS , , , and ) If the tax levy authorized under subsection ( 1) of this section for any fiscal year is not sufficient to fund the operational, ad- ministrative and resolution services approved for that fiscal year the education service district may submit to the electors of the district the question of a tax levy in addition to the levy authorized under subsection ( 1) of this section necessary to balance the budget for that fiscal year. The amount of such levy, if approved by the electors, shall be added to and become a part of the levy authorized under subsection ( 1) of this section. [ 1977 c840 12; 1981 c836 R; 1983 c [ 1977 c ; 1979 c.445 l; repealed by 1983 x [ 1977 x840 14; repealed by 1983 x Levy of tax. Subject to section 11, Article XI, of the Oregon Constitution, for the school year commencing on July 1 of each year, each education service district to which ORS and this section apply shall levy a tax in an amount which, toether with any other funds available to it for the purposes set forth in this section and ORS , shall equal the amount of the education service district board' s own budget, prepared and adopted pursuant to ORS , plus the amount certified under ORS [ 1957 x678 13(3); 1957 s.s. c.4 1( 3); 1965 c ; 1977 c [ 1957 c (4); a4 1(4); 1965 c ; repealed by 1977 c Apportionment of levy; split between elementary and secondary school purposes. ( 1) Before July 15 of each year, the education service district board shall certify the amount of its tax levy and the apportionment to the county assessor. The county assessor shall extend the levy on the assessment and tax roll as the levy of the education service district board, applicable at a uniform rate or rates to all taxable property within the education service dis- trict, including joint districts in adjacent counties that are included in the district. 2) Notwithstanding subsection ( 1) of this section, the education service district board shall split its total levy into separate levies for elementary and high school purposes where necessary in order to avoid double taxation. The levy for elementary purposes shall amount to two-thirds of the total levy and the levy for high school purposes shall amount to one -third of the total levy. Before July 15 of such year, the board shall certify to the county assessor the amount of its levy for elementary p oses and the amount of its levy for high school purposes. The county assessor shall extend the levies for elementary and high school purposes on the assessment and tax rolls as levies of the education service district board, applicable at a uniform rate or rates to all taxable property within the education service district, including joint districts in adjacent counties that are included in the education service district. The levy for elementary purposes shall apply to all taxable property in the district for which elementary education is provided by a school district within the education service district. The levy for high school purposes shall apply to all taxable property in the district for which high school education is provided by a school district within the education service district. [ 1979 c [ 1957 c (5), ( 6i, 1957 s.s. c.4 1( 5), ( 6); 1961 c.356 1; 1965 c ; repealed by 1977 c [ Formerly and then ; amended by 1965 c ; repealed by 1977 c [ 1957 x678 14; 1963 c ; 1965 c ; repealed by 1977 c [ Formerly and then ; repealed by 1977 c [ Formerly and then ; ; 1975 c ; 1977 e.2 l; 1977 c. 166 l; repealed by 1977 c [Formerly and then ; repealed by 1977 c BUDGET AND TAX LEVIES IN CERTAIN COUNTIES 334.M Tax equalization procedure in Grant, Wallowa and Wheeler Counties. ORS to apply to: 1) Every education service district which immediately prior to August 20, 1957, in- cluded the territory of every first class school district as defined in ORS Replacement Part) and of every union high school district and any county high school district located within the boundaries of the education service district; and 2) Any other education service district voting after August 20, 1957, as provided in ORS , to adopt the procedure provided for in ORS to [ 1957 c m, 1965 c Preparation of budget for local school district or school unit; when levy on such budget may be made by local district. ( 1) Immediately following a public meeting as provided by law on the budget for each fiscal year of any school district within an education service district to which ORS to apply, and in any event not later than March 15 of such year, the responsible officer of the district shall deliver or transmit the budget to the education service district board.

105 EDUCATION SERVICE DISTRICTS 2) No tag levy based on such budget shall be made by the school district other than the tag levy outside the constitutional limitation for the particular purposes specified in ORS ) The education service district board Pay prepare a budget for any school district which fails to submit a budget to the education service district board by March 15. ( 1957 c (2% 1965 c Budget may include an emergency aid fund. The education service district board may include in its own budget, adopted pursuant to ORS , an emergency aid fund for use, at the discretion of the board, in aiding school districts within the education service district with emergency expenses unforeseen at the time of making the budget of such districts. The emergency aid fund shall not exceed five percent of the combined budget of all districts included in such education service district. [ 1957 x678 15(2}, 1965 c ] Education service district board powers and duties as to budgets of local districts; levy of tax. ( 1) The board of each education service district to which ORS to apply shall examine and audit or cause to have examined and audited the budgets of the school districts within such education service district. The education service district board may approve or reject, increase or reduce any item or amount in any such budget. Where necessary, the education service district board shall determine from the budgets submitted the amounts to be levied for elementary and high school purposes and make separate levies for the same. On or before April 10 the board of every school district within the ed- ucation service district shall be notified in writing of any contemplated changes in the district school board' s budget. On request of the district school board, it shall be entitled to a hearing by the education service district board on the budget submitted by the district school board. The education service district board shall set times and places for such hearings which shall be open to the public. 2) After the budget hearing required by subsection ( 1) of this section and after careful consideration of all the budgets, the board of each education service district to which ORS to apply shall de- termine the final amount of the budget of each school district which shall be included in the tax levies to be made by it and shall notify each school district of its action on or before April 20 of the then current year. 3) The board of each education service district to which ORS to apply shall levy for each fiscal year a tax in the amount equal to the total of the levies, so determined and approved, of the several school districts within such education service district. There shall be added to each levy the budget for the expenditures of the education service district board and of the superintendent for the education service district as prepared and adopted pursuant to ORS , including therein any amounts provided for emergency aid to districts as authorized in ORS This tax levy shall apply at uniform rate or rates for elementary and high school purposes to all property within such education service district taxable for such purposes. ( 1957 c (3), ( 4% 1965 x ; c Note: The amendments to by section 20, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws 199L The teat ( 1989 Edition) is set forth for the user's con- venience ( 1) The board of each education service district to which ORS to apply shall examine and audit or cause to have examined and audited the budgets of the school districts within such education service district. The education service district board may approve or reject, increase or reduce any item or amount in any such budget, but shall not reduce the total budgeted expenditures of a district below the maximum program established in ORS Where necessary, the education service district board shall determine from the budgets submitted the amounts to be levied for elementary and high school purposes and make separate levies for the same. On or before April 10 the board of every school district within the education service district shall be notified in writing of any contemplated changes in the district school board' s budget. On request of the district school board, it shall be entitled to a hearing by the education service district board on the budget submitted by the district school board. The education service district board shall set times and places for such hearings which shall be open to the public. 2) After the budget hearing required by subsection 1) of this section and after careful consideration of all the budgets, the board of each education service district to which ORS to apply shall determine the final amount of the budget of each school district which shall be included in the tax levies to be made by it and shall notify each school district of its action on or before April 20 of the then current year. 3) The board of each education service district to which ORS to apply shall levy for each fiscal year a tax in the amount equal to the total of the levies, so determined and approved, of the several school districts within such education service district. There shall be added to each levy the budget for the expenditures of the education service district board and of the superintendent for the education service district as prepared and adopted pursuant to ORS , including therein any amounts provided for emergency aid to districts as authorized in ORS This tax levy shall apply at uniform rate or rates for elementary and high school purposes to all property within such education service district taxable for such purposes Certification and extension of district tax levy. On or before July 15 of each year, the board of each education service district to which ORS to apply shall certify to the county assessor and to the county treasurer the total amount of the tax levy made by it and also shall certify to the county treasurer the amount in which

106 334AOO EDUCATION AND CULTURAL FACILITIES the budget of each school district within the education service district is included in the tax levy. The county assessor shall extend the tax levy or levies on the assessment and tax roll as the property tax levy or levies of the education service district board, applicable at uniform rates to all taxable property within the district, including joint districts in adjacent counties that are included in the education service district. [ 1957 c (5): 1966 c Apportionment of levy proceeds. After deducting the estimated expenses provided in the budget of the education service district board pursuant to ORS , the board of each education service district to which ORS to apply shall apportion the remainder of the levy extended in the proportion that the original levy, as determined and included by the education service district board for each district,is of the total of all such levies in the district. [ 1957 c (6); 1963 x544 38, 1966 c District tag powers; tag powers retained by districts. All power to levy taxes otherwise by law vested in any school district within an education service district to which ORS to apply, or otherwise vested in the board of any such school district, is transferred to the education service district. However, each such school district shall retain the power to levy a tax each year for: 1) Payment of principal and interest of its bonded or negotiable interest- bearing warrant indebtedness; 2) Payment of capital expenditures and current expenditures not provided for in the budget of the district by the education ser- vice district board; and 3) Any supplementary budget items which have been specifically authorized by the electors of the district as outside the limitation of section 11, Article XI, Oregon Constitution. [ 1957 c ; 1965 c ; 1975 c ] METHOD OF CHANGING FINANCIAL OPERATING PROCEDURE Method of changing financial operating procedure. ( 1) The following questions regarding the financial operating procedure of an education service district shall be decided by election as provided in this section: a) The question whether an education service district to which ORS and apply shall discontinue the financial operating procedure provided under ORS and and adopt instead the al- ternative procedure under ORS to b) The question whether an education service district to which ORS to applies shall discontinue the financial operating procedure provided under ORS to and adopt instead the alternative procedure under ORS and ) The board of an education service district to which subsection ( 1) of this section applies: a) May order the election on its own resolution. b) Shall order the election when a petition is filed as provided in this section. 3) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under ORS to ) If the question under paragraph (b) of subsection ( 1) of this section is submitted to election, the board also may submit at the same election the question whether the education service district shall have a tax base as will enable it to make a levy in the next succeeding year in the amount required by ORS and However, if a tax base is to be created the election must be held at a regular statewide general or primary election. [ 1957 c ; 1965 c ; 1983 c ; 1983 c.610 5a] Note: The amendments to by section 75, chapter 267, Oregon Laws 1987, are repealed January 1, See section 82, chapter 267, Oregon Laws The text, as amended, is set forth for the user's convenience ( 1) The following questions regarding the financial operating procedure of an education service district shall be decided by election as provided in this section: a) The question whether an education service district to which ORS and apply shall discontinue the financial operating procedure provided under ORS and and adopt instead the alternative procedure under ORS to b) The question whether an education service district to which ORS to applies shall discontinue the financial operating procedure provided under ORS to and adopt instead the alternative procedure under ORS and ) The board of an education service district to which subsection ( 1) of this section applies: a) May order the election on its own resolution. b) Shall order the election when a petition is filed as provided in this section. 3) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition under ORS to ) If the question under paragraph ( b) of subsection ( 1) of this section is submitted to election, the board also may submit at the same election the question whether the education service district shall have a tax Uase as will enable it to make a levy in the next succeeding year in the amount required by ORS and However, if a tax base is to be created the

107 EDUCATION SERVICE DISTRICTS election must be held at a regular statewide general or biennial primary election Effective date of change. If a m on of the votes cast at any election un er ORS favors discontinuation of the former financial operating procedure and adoption of the alternative procedure, the discontinuation of the former procedure and adoption of the alternative procedure shall be effective as of July 1 of the nest calendar year, as shall be the establishment of an adequate tax base if this is included in the question voted upon. The budgets of the education service district board and of the school districts within its boundaries for the year commencing on that July 1 shall be prepared pursuant to the newly adopted pro- cedure. [ 1983 c.610 5b] [ Formerly ; 1965 c ; renumbered [ Formerly ; 1965 c ; renumbered [ Formerly ; 1965 c ; renumbered [ Formerly ; 1963 c ; renumbered Mai ttodi, Petition; review by state board; notice; hearing. ( 1) Whenever two or more education service districts desire to join together for the purpose of forming one education service district, a petition from each such district shall be presented to the State Board of Education. The petition shall contain the signatures of at least 100 electors of the district or a number of electors of the district equal to at least five percent of the electors of each proposing district, whichever is less. 2) The State Board of Education shall review the petition and within 15 days after the board meeting at which the petition is reviewed, shall notify the education service district boards of each district designated by the petition, fix the date of and be responsible for supervising the giving of notices as provided in ORS and conducting the public hearings in each proposing district to discuss the proposal contained in the petition. [ 1963 c b; 1965 x ; 1983 c.83 67; 1983 x Election; effective date. ( 1) At the public hearings the State Board of Education shall cause to have discussed the effect of the proposed district and any resident of the affected districts may be heard with reference to the proposal. 2) If, after the hearings, the State Board of Education determines that the proposal is feasible, the question of the proposed district shall be submitted to the electors of each education service district at the next regular district election after the board' s determi- nation. 3) The votes cast in each education service district shall be counted separately and if a majority of the votes cast by the electors of each district within the boundaries of the proposed district is in favor of the formation of the proposed district, the new education service district shall be organized in the manner provided in ORS to If the majority of the votes cast in any education service district is opposed to the formation of the new district, the districts shall remain as they were prior to the election. 4) When two or more education service districts join together in the manner provided in this section, the new district shall come into existence effective May 31 of the year following the election. [ 1963 x544 5oc, Sod; 1965 c ; L%3 c.83 68; 1983 c Consolidation in education service districts over 300,000. ( 1) When one education service district proposing consolidation has a population of 300,000 or more, according to the latest federal census, the election under ORS shall be held on the date of the primary election and the election held in all proposing education service districts shall be held pursuant to ORS but the votes in each education service district shall be counted separately. 2) The new district formed under this section shall come into existence effective May 31 of the year following the election. 3) The laws applicable to an education service district with a population of 300, 000 or more, according to the latest federal cen- sus, shall apply to new districts formed under this section. [ 1965 x ; 1983 c Note: The amendments to by section 76, chapter 267, Oregon Laws 1987, are repealed January 1, See section 82, chapter 267, Oregon Laws The teat is set forth for the user's convenience ( 1) when one education service district proposing consolidation has a population of 300,000 or more, according to the latest federal census, the election under ORS shall be held on the date of the biennial primary election and the election held in all proposing education service districts shall be held pursuant to ORS but the votes in each education service district shall be counted separately. 2) The new district formed under this section shall come into existence effective May 31 of the year following the election. 3) The laws applicable to an education service district with a population of or more, according to the latest federal census, sui apply to new districts formed under this section Joint meeting; zoning; election of new directors. ( 1) Immediately after the election to join two or more education service districts together, if the election supported such action, the boards of directors of all education service districts within the

108 EDUCATION AND CULTURAL FACILITIES boundaries of the new district shall meet together upon the call of the chairman of the board of the most populous district. Except as provided in ORS , and notwithstanding ORS or ORS chapter 255, the joint board of directors shall divide the new district into as many zones as the board considers necessary, but not fewer than seven nor more than 11. The zones shall be as nearly equal in population as may be practicable. 2) Within 90 days after the zones required in subsection ( 1) of this section are established, the joint board of directors shall call a special election in the new district for the purpose of electing directors, one of whom shall be elected from each zone estab- lished under subsection ( 1) of this section by the electors of the zone. ( 1963 x544 50e; 1965 c ; 1967 c.145 1; ; 1983 c Nomination. Except as provided in ORS , the nomination of a candidate to serve as a director of the new education service district from a zone, when made by a petition, shall be signed by elec- tors registered in the zone in which the candidate is a resident. The nomination of a candidate to serve as a director of the new education service district at large, when made by a petition, shall be signed elec- tors of the district. A candidate must be qualified to vote in the election in which the individual is a candidate and must be qqualified to hold office as a director of an education service district. [ 1963 c f, 1965 c ; ; 1983 c.83 69; 1983 x Term of office. (1) The board of directors of the new education service district shall take office on July 1 of the year following its election. 2) If the new education service district has a population of 300,000 or more, according to the latest federal census, the minority of directors shall serve terms ex firing June 30 next following the first rear district election and the majority of directors shall serve terms expiring June 30 next following the second regular district election. 3) If the new education service district has a population of less than 300,000, according to the latest federal census, and if the number of directors elected is seven, eight or nine: a) Two directors shall serve terms expiring June 30 next following the fourth regular district election. b) Two directors shall serve terms expiring June 30 next following the third regular district election. c) Two directors shall serve terms expiring June 30 next following the second regular district election. d) The remaining director or directors shall serve a term expiring June 30 next following the first regular district election. 4) If the new education service district has a population of less than 300,000, according to the latest federal census, and if the number of directors elected is 10 or 11: a) Three directors shall serve terms ex- piring June 30 next following the fourth reg- ular district election. b) Three directors shall serve terms ex- Airing June 30 next following the third regu- lar district election. c) Two directors shall serve terms ex- piring June 30 next following the second regular district election. d) The remaining directors shall serve a term expiring June 30 next following the first regular district election. 5) The directors first elected shall determine by lot the length of term each shall hold office. 6) Notwithstanding any other provisions of law, the term of office of boards of directors of preexisting education service districts shall terminate on the date in which the new education service district comes into existence and its new board of directors qualifies to hold office. [ 1963 c h, 50j; 1965 c ; 1967 c.145 2; 1971 c.47 5; 1975 c ; 1985 x Power of new board prior to existence of new district. During the period following their election and prior to the date the new education service district comes into existence, the board of directors of the new education service district may take such action as is essential in order that the new district may carry out its required functions when it comes into existence, including the preparation and adoption of a budget for the new district. Expenditures of the board under this section shall be paid from the budgets of the component education service districts on a prorated basis. [ 1963 x544 50i; 1965 c Power of new board generally. The board of directors of the new education service district shall have the same duties and exercise the same authority over the district as does the board of directors of every education service district. ( 1963 c.544 bog]

109 Chapter EDITION GENERAL PROVISIONS Responsibility) 336:080 School districts responsible for high school education; levy 335M5 Levy of taxes in certain school districts for high school purposes Reports) Report on high school graduates by race and ethnic characteristics Student Retention) Policy to encourage students to remain in school; rules applicable to student em- ployment Student Certificate Program Certificate of Initial Mastery Entitlement of student with Certificate of Initial Mastery 33& 160 Assessment system leading to initial certificate; when additional service available to student; when student transfer authorized Certificate of Advanced Mastery Programs allowing student to qualify for advanced certificate UNION HIGH SCHOOLS Generally) General school laws applicable High Schools 336A82 335A90 336A Lengthening Course of Study) Definitions for ORS 835x495 to Extension of union high school course of study Election to lengthen course; ballot title if single district would result Procedure after election to lengthen course Cost of educating elementary pupils after course lengthened to include elementary grades Transformation of union high school district into common school district; continued existence of part of split district Local school committee; election; duties Adding Districts) Effect of election to add districts to union high school district CROSS REFERENCES Actions by and against school districts, to City zoning ordinances apply to school district property, District election procedures, Ch Change in common districts not to affect Local school committees: union high school districts Generally, A86 Contracts with common school districts County unit, Mandated merger of union high school districts with component elementary districts, 1991 c.393 Refund of taxes when property taxed twice for high school purposes, Validity of school district creation and subsequent proceedings, procedure to test, ,

110 EDUCATION AND CULTURAL FACILITIES

111 HIGH SCHOOLS [ Amended by 1957 c ; repealed by 1965 x [ Repealed by 1965 c [ Repealed by 1965 c M [Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c M [Repealed by 1965 c [ Repealed by 1965 x [ Repealed by 1965 c [ Repealed by 1965 c x0 [ Repealed by 1965 c [ Repealed by 1965 c GENERAL PROVISIONS Responsibility) School districts responsible for high school education; levy. ( 1) The high school education of all children of school age resident within a school district which does not operate a high school or which is not a component part of a union high school district or of a county high school district after July 1, 1960, shall be the responsibility of the district. 2) The district shall pay the tuition of all pupils resident within the district who are qualified to attend and are attending a standard public high school either within or outside the state. 3) The district shall furnish transportation to the nearest standard public high school which pupils may attend. Reasonable board and room may be furnished instead of transportation if desired. If the district arranges for the attendance of pupils at a standard public high school other than the nearest one pupils may attend, then the district may provide transportation to the standard public high school which the pupils are attending. 4) The estimated cost of tuition and transportation or board and room instead of transportation shall be included in and be a part of the budget and shall be levied as provided in ORS [ 1955 x674 3; 1957 c.583 2; 1961 c.688 1; 1963 x168 l; 1965 c Levy of taxes in certain school districts for high school purposes. The amounts required to meet the expenses of a school district under ORS shall be certified to the county assessor separately. No tag shall be levied for the purposes of ORS against property included in a union high school district or a county high school district. [ 1961 c Reports) Report on high school graduates by race and ethnic characteristics. Any school district operating a high school shall report annually to the Department of Education the race and ethnic characteristics of each school' s graduates under rules adopted by the State Board of Education c Note: to were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 335 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. Student Retention) Policy to encourage students to remain in school; rules applicable to student employment. ( 1) It is the policy of the State of Oregon to encourage students to remain in school and to earn their Certificates of Initial Mastery and Certificates of Advanced Mastery before seeking employment during the regular school year. 2) With the advice of the Wage and Hour Commission and in consultation with the Workforce Quality Council and the State Board of Higher Education, the State Board of Education shall propose rules applicable to the continuation of education of minors who have not obtained the Certificate of Ini- tial Mastery and the Certificate of Advanced Mastery and who seek to be employed during the regular school year. The proposed rules shall provide opportunities to participate in the employment decision- making relating to the minor, by the minor, the minor' s parents or guardian, local school authorities and the potential employer. 3) The state board shall submit its proposed rules to the Legislative Assembly for review not later than January 1, ) If the state board' s proposed rules are approved bjy the Le '' slative Assembly, the state boards proposed rules shall take effect July 1, ) Nothing in this section is intended to affect the authority of the Wage and Hour Commission to regulate the employment conditions of minors under ORS to [ Note: See note under Student Certificate Program Certificate of Initial Mastery. 1) By the end of the school year, every student shall have the opportunity by 16 years of age or upon completing grade 10 to obtain a Certificate of Initial Mastery. 2) The State Board of Education shall prescribe the standards, pursuant to ORS

112 EDUCATION AND CULTURAL FACILITIES and , that a student must meet in order to obtain a Certificate of Initial Mastery. The Certificate of Initial Mastery shall be based on a series of performancebased assessments benchmarked to mastery levels at approximately grades 3, 5, 8 and 10 including but not limited to work samples, tests and portfolios. Students shall be allowed to collect credentials over a period of years, culminating in a project or exhibition that demonstrates attainment of the required knowledge and skills. 3) Requirements for the Certificate of Initial Mastery shall: a) Assure that a student has the knowledge and skills to read, write, problem solve, think critically and communicate across the disciplines, at national levels b _y the year 2000 and at international levels by the year 2010; and b) Assure that students exhibit the capacity to learn, think, reason, retrieve information and work effectively alone and in groups. 4) A Certificate of Initial Mastery shall be required for entry into college preparatory and academic professional technical pro - grams leading to the appropriate indorsement. 5) On or before January 1, 1995, each school district shall present a plan to the Department of Education setting forth the steps the district has taken to insure that its curriculum meets the requirements necessary for the students of the district to obtain Certificates of Initial Mastery. Each dis- trict's plan shall include options for achieving the certificate through alternative educational programs, including but not lim- ited to those offered at Learning Centers es- tablished- pursuant to ORS ) The provisions of this section may be applied individually as appropriate to students enrolled in special education programs under ORS chapter ) The Department of Education shall develop procedures to accommodate out -ofstate students, students taught by a parent or private teachers pursuant to ORS , private school students transferring into public schools and migrant children from other states and countries. [ 1991 c Note: See note under Entitlement of student with 1) Begin - Certificate of Initial Mastery. ( ning with the school year, any student who has received a Certificate of Initial Mastery shall be entitled to attend any public educational institution that enrolls the student and provides a program leading to the achievement of a Certificate of Ad- vanced Mastery and a college preparatory or academic professional technical indorsement, or both, and meets the requirements of the State Board of Education. 2) In establishing the requirements for Certificates of Advanced Mastery with indorsements, the State Board of Education shall facilitate the movement between the indorsements and shall encourage choice and mobility so as to enhance a student's opportunities to maximize exposure to the full range of educational experiences. 3) The institution shall be reimbursed for the student' s tuition by the district in which the student resides pursuant to ORS and rules of the State Board of Education, in an amount not to exceed the student' s tuition or the amount the district receives for the student from state funds, whichever is less. A school district shall not receive state funds for the student in an amount that exceeds the student' s tuition. Any adult who wishes to pursue an indorsement, or any student having earned the Certificate of Advanced Mastery or who has attained 19 years of age and who wishes to continue a program, may do so by paying tuition. As used in this section, " public educational institution" does not include a public school to which a student has transferred under ORS ) A high school diploma issued by an accredited private or out -of -state secondary school as signifying successful completion of grade 12 shall be considered acceptable in lieu of a Certificate of Advanced Mastery for purposes of any rights or privileges that attach to the holder of a Certificate of Advanced Mastery. [ 1991 x Note: See note under Assessment system leading to initial certificate; when additional service available to student; when student transfer authorized. ( 1) The Department of Education shall implement an assessment system for all students, including performance-based assessment of the knowledge and skills necessary to achieve the standards for each mastery level leading to the Certificate of Initial Mastery. However, until this plan is operational, assessment shall continue at grades 3, 5, 8 and 10. 2) The State Board of Education by rule shall establish criteria for determining whether students have demonstrated the knowledge and skills necessary to perform successfully at each level in the manner described in ORS , beginning with the school year. 3) The resident district shall be ac- countable for the student' s satisfactory progress, as set forth in subsection ( 4) of this

113 HIGH SCHOOLS section, or be responsible for finding alternative learning environments, with the concurrence of the student' s parents or guardian. 4) If, at any point, a student is not making satisfactory progress toward attainment of the standard at grades 3, 5, 8 and 10, including the Certificates of Initial Mastery and Advanced Mastery, the school district shall make additional services available to the student, that may include but need not be limited to: a) A restructured school day; b) Additional school days; c) Individualized instruction and other alternative instructional practices; and d) Family evaluation and social services, as appropriate. 5) If the student to whom additional services have been made available fails to demonstrate the knowledge and skills required at the mastery level within one year after the determination under subsection ( 2) of this section, even though the student would be or is promoted to the next level, the student shall be allowed to transfer to another public school in the district or to a public school in another district that agrees to accept the student. The district that receives the student shall be entitled to payment. The payment shall consist of- a) An amount equal to the district expenses from its local revenues for each student in average daily membership, payable by the resident district in the same year; and b) Any state and federal funds the attending district is entitled to receive payable as provided in ORS ( 2). [ 1991 e Note: See note under Certificate of Advanced Mastery. A student who has obtained a Certificate of Initial Mastery and who enrolls in a college preparatory program shall be entitled to receive a Certificate of Advanced Mastery with a college preparatory indorsement if the student meets the requirements established by rule of the State Board of Education, prepared in consultation with the State Board of Higher Education. [ 1991 c Note: see note under Programs allowing student to qualify for advanced certificate. ( 1) Commencuig no later than September 1997, each school district shall institute programs that allow students to qualify for a Certificate of Advanced Mastery with college preparatory and academic professional technical indorsements. Study may be undertaken in a public school, community college or public professional technical school, or any combination thereof, and must involve at least two years of study or a combination of work and study. The certificate program must include a comprehensive educational component. 2) The student must demonstrate mastery of knowledge and skills on performance -based assessments, where possible, using work samples, tests, portfolios or other means. All courses necessary for either indorsement shall be available to students irrespective of their chosen indorsement area. [ 1991 c Note: See note under [ Repealed by 1965 x UNION HIGH SCHOOLS Generally) General school laws applicable. All applicable laws governing common school districts apply to union high school districts. Amended by HM c ; [ Repealed by 1965 c [ Amended by 1957 c ; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1957 c ; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1957 e310 19; repealed by 1965 x [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c M5 [Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c Change in common districts not to affect union high school districts. The creation of a common school district out of territory included in a union high school district, or the changing of boundaries of any common school district included in a union high school district does not affect the union high school district. [ Amended by 1965 x [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1957 c ; repealed by 1965 c [ Repealed by [ Repealed by 1965 c %.920 [ Repealed by 1965 c [ Amended by 1957 c ; repealed by 1965 c [ Repealed by 1965 c [ Repealed 1965 c [ Amended by 1957 c ; repealed by 1961 x [ Amended by 1955 c.535 l; repealed by 1961 x

114 EDUCATION AND CULTURAL FACILITIES [ Amended by 1955 c.535 2; repealed by 1961 c [ Amended by 1955 c.535 3; repealed by 1961 c [ f955 c.535 4; repealed by 1961 c [ Amended by ; repealed by 1961 c [ Repealed by 1961 x [ 1961 c.522 5; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 x [ Repealed by 1965 c MO [ Repealed by 1965 x [ Repealed by 1965 c [ Repealed by 1965 x [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c B&405 [ Amended by 1959 c.456 1; repealed by 1965 c [ Repealed by 1965 c A15 [ Repealed by 1965 c `420 [ Repealed by 1965 c [ Repealed by 1965 c ASO [ Amended by 1955 c.460 1; 1957 c.622 9; repealed by 1965 c " [ Amended by 1963 c ; repealed by 1965 c A40 [Repealed by 1965 c ] 33&445 [ Repealed by 1965 c A50 [ Amended by 1953 c147 3; repealed by 1965 c A55 [ Repealed by 1965 x ] [ Repealed by 1965 c A65 Contracts with common school districts. The union high school board may for high school purposes contract with a common school district board for the use of any property belonging to the common school district and may purchase an undivided interest in the property of a common school district for the purpose of operating a high school thereon. [ Amended by 1965 x [ Repealed by 1965 c A75 [ Repealed by 1965 c &490 [ Repealed by 1965 c ] Lengthening Course of Study) 335A82 Definitions for ORS to As used in ORS to : 1) " Component school district" means a common school district lying wholly or partly inside the boundaries of a union high school district. 2) " Split school district" means a component school district lying partly inside and partly outside the boundaries of a union high school district or an elementary district where students attend in two or more union high school districts upon completing either the sixth or eighth grades. [ 1967 c lo6 5; 1987 x & 465 [ Repealed by 1965 c Extension of union high school course of study. ( 1) Except as otherwise provided in subsection ( 2) of this section, any union high school district may, when authorized by the electors of the district, extend the course of study in the district to include five years above the seventh grade or six years above the sixth grade, and in like descending order may extend its course to include any or all grades of the schools in the union high school district in the manner provided in ORS to ) No union high school district shall extend the course of study in the union high school district unless such course of study is extended to include all grades of the schools in the union high school district. [ Amended by 1965 c ; 1967 c ; 1987 c Election to lengthen course; ballot title if single district would result. 1) Any union high school board may, or shall upon petition of 100 electors of the district, submit to the electors of the district the question of lengthening the course of study in the district. 2) ORS chapter 255 governs the conduct of an election under this section. If a union high school district contains a split district, the electors from the split district shall not participate in an election under this section. 3) If the result of the election to lengthen the course of study includes all grades within one single district, the ballot title must include a statement that the effect of an affirmative vote is that the component common and union high school districts shall be merged and only one common school district shall operate in the area in which the election is held. The ballot title must also list all affected school districts by name and district number, and specify which of those districts will be merged pursuant to ORS if the measure is approved. The listing of affected school districts by name and district number shall not be considered part of the ballot title for the purpose of determining the number of words permitted under ORS [ Amended by 1957 c ; 1965 c ; 1967 c.106 2; 1979 c.131 1; 1983 c.83 70; 1983 c ; 1983 x ; 1987 c Procedure after election to lengthen course. ( 1) If the union high school board determines that a majority of votes cast in the union high school district at an election under ORS are for the proposal to lengthen the course of study, it shall:

115 HIGH SCHOOLS a) Declare the proposal carried and certify the result to the district boundary board; and b) Submit to the Department of Education the complete course of study in the district. 2) The lengthened course of studyy shall become effective following approval by the State Board of Education. [ Amended by 1957 c ; 1965 x ; 1967 c.103 1; 1983 c ; 1989 c Cost of educating elementary pupils after course lengthened to include elementary grades. Whenever the course of study in a union high school district is extended to include grades below the ninth grade, the union high school district shall be responsible for providing for the education of the pupils in the included grades and the cost of educating such pupils shall be included in the union high school district budget and not in the budgets of the component common school districts. [ 1953 c.390 l; 1965 c Transformation of union high school district into common school district; continued existence of part of split district. (1) Notwithstanding any other statute, whenever all grades of the common schools within the union high school district come under the jurisdiction of the union high school board or whenever as a result of merger or boundary change the area within the boundaries of the union high school district becomes a single component school district having boundaries coterminous with the union high school district, the union high school district and its component districts other than split districts are to be considered merged and the area within the boundaries of the union high school district, excluding that part of any split school district that is within the boundaries, becomes a common school district responsible for educating children in grades 1 through 12 and all ter- ritory therein is withdrawn from any other type of school district except the education service district or the community college district of which it may have been a part. The union high school board shall continue as the board of the district until the next regular district election when the proper number of board members shall be elected. The terms of all board members in all com- ponent school districts other than split school districts shall terminate at the time the union high school board becomes the district school board. All property and obligations of the component school districts other than split school districts shall become the property and obligations of the new common school district except to the extent that it was otherwise provided when such district is formed by merger. 2) Whenever at the time a new common school district is formed as rovided in sub- section ( 1) of this section, if any component school district is a split school district, such district shall continue to exist and shall become responsible for education in grades K through 12 for students resident in the split district. [ Amended by 1965 c ; 1967 x106 3; ; 1983 c % 1987 c Local school committee; election; duties. ( 1) Whenever an union high school district votes to include all grades within a single district under ORS , the union high school district board may on its own motion, or must upon receipt of a petition signed by at least 100 of the electors of the district, provide for the election of a local school committee. 2) The local school committee shall con- sist of three members elected by the electors of a zone or attendance unit designated by the district school board. At the first regular district election following the election to lengthen the course, there shall be elected three members of each local school committee. After the first election, members shall be elected as provided in ORS and shall have the same authority and duties of local school committees in ORS [ 1967 c.103 3; 1983 c ; 1991 c.67 82; 1991 c Adding Districts) Effect of election to add districts to union high school district. In an election to add districts to a union high school district, if the district boundary board determines that the proposition carried in the union high school district by a majority of votes cast, and also carried in one or more of the common school districts by a majority of the votes cast in each district, it shall de- clare the proposition carried as to those Common- school districts only in which the proposition prevailed, and shall immediately proceed to change the boundaries of the union high school district to include those districts desiring to be added thereto. [ 1989 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c ,620 [ Repealed by 1957 c [ Repealed by 1957 x [ Repealed by 1957 c `635 [ Repealed by 1957 c ,640 [ Repealed by 1957 c x646 [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c [ Repealed by 1957 c

116 EDUCATION AND CULTURAL FACILITIES [ Repealed by 1957 c BM [ Repealed by 1957 c [ Repealed by 1957 c ( Repealed by 1957 c & 886 [ Repealed by 1957 c & 705 [ Repealed by 1969 c [ Repealed by 1969 c & 715 [ Repealed by 1977 c & 720 [ Repealed by 1969 c & 725 [ Amended by 1967 c.67 5; repealed by 1969 c.585 3] 39& 730 [ Repealed by 1969 c [ Amended by 1965 c.239 1; repealed by 1969 c.585 3] 33& 740 [ Repealed by 1969 c [ Amended by 1963 c ; repealed by 1969 x & 750 [ Amended by 1965 c.172 6; repealed by 1969 c.585 3] 33& 756 [ Repealed by 1969 c & 760 [ Repealed by 1969 c & 765 [ Repealed by 1969 c [ Repealed by 1969 c ( Repealed by 1969 c ] [Repealed by 1969 c [ Repealed by 1969 c & 790 [ Repealed by 1969 c [ Repealed by 1969 c & 800 [ Amended by 1963 c ; repealed by 1969 c & 805 [ Repealed by 1969 c [ Repealed by 1969 c [ Repealed by 1969 c [ Repealed by 1969 c & 825 [ Repealed by 1969 c [ Repealed by 1969 c.585 3] [ Repealed by 1969 c [ Repealed by 1969 c M [ Amended by 1963 c ; repealed by 1969 x [ Repealed by 1969 c [ Repealed by 1957 x723 1 ( enacted in lieu of )] 3351M [ 1957 c ( enacted in lieu of ); repealed by 1959 x [ 1957 c ; repealed by 1959 c [ Amended by 1957 c.723 3; repealed by 1959 x [ Amended by 1957 c.723 4; repealed by 1959 c ] [ Amended by 1957 c.723 5; repealed by 1959 x641 38] [ Amended by 1957 c.723 6; repealed by 1959 c c ] [ Amended by 1957 c.723 7; repealed by [ Amended by 1957 c.723 8; repealed by 1959 c ] [ 1957 c ; repealed by 1959 c [ Amended by 1957 c.723 9; repealed by 1959 x641 38] 335JM [ Amended by 1957 c ; repealed by 1959 c [ 1957 c ; repealed by 1959 c [ Repealed by 1957 c [ 1957 c ; repealed by 1959 c [ 1957 c ; repealed by 1959 x [ 1957 c ; repealed by 1959 c [ 1957 c ; repealed by 1959 c & 870 [ 1957 c ; repealed by 1959 c & M [1957 c ; repealed by 1959 c &874 [ 1957 c ; repealed by 1959 c ( 1957 c ; repealed by 1959 c MB ( 1957 c ; repealed by 1959 c &880 [ 1957 c ; repealed by 1959 c [ 1957 c ; repealed by 1959 x ( 1957 c ; repealed by 1959 c M [1957 c ; repealed by 1959 c &890 [ Amended by 1961 c.522 8; repealed by 1965 c

117 Chapter 336 wor Conduct of Schools Generally; Improvement Programs POLICY Policy on prevention and coat - effective programs and strategies HOLIDAYS; SPECIAL OBSERVANCES; REQUIRED COURSES OF STUDY School month; holidays; teachers' holiday pay; Saturday instruction Twelve -month class schedule optional 336`015 Arbor Week E Women in History Week Required courses of study; supplemental courses; district courses Courses in Constitution and history of United States Instruction in ethics and morality 336M Fire and earthquake drills, unlocked exits; instruction in dangers 336,074 Teaching in English required; exceptions Special English courses for certain children Development of nondiscriminatory curriculum to improve instructional effective- ness Standards for curriculum described in ORS Nuclear age education curriculum; development; participants; adoption discretion- ary ADDITIONAL PROGRAMS Definitions for ORS and ; ad- mission of underage child Establishment, funding and status of kindergartens Continuation evening schools Classes for employed minors 33& 145 Adult education classes; fees Learning environment; Learning Centers; scope of services; outreach; advisory committee Tuition for study not part of regular school program When tuition not allowed under ORS ; hardship waiver Extended educational experiences Community service programs guidelines Commitment to excellence in education and citizenship; recognition of students Providing programs outside usual class- room hours STUDENT RECORDS Definitions for ORS to Student records confidential; rules for in- spection or release Transfer of student records to other schools or districts ALCOHOL AND DRUG ABUSE PROGRAM District policy and plan; content 338= Duties of state office of Alcohol and Drug Abuse Programs State board rules Reports DENTAL HEALTH PROGRAM " Dental health program" defined Dental health program authorized in districts of 100, Equipment; standards; charges; consent 3SUM Report to parent; selection of dentist; certificate of treatment Nonliability for injury from treatment Cooperation and sharing expense Note 336A37 EARLY CHILDHOOD IMPROVEMENT PROGRAM Administration; planning components; grants Advisory committee c b Rules Note Nongraded primary program; models C f TRAFFIC PATROL ' Traffic patrol" defined Traffic patrols authorized; medical benefits; rules Regulation of traffic patrols for public, private and parochial schools; qualifica- tions Intergovernmental cooperation and assistance in connection with traffic patrols COMMUNITY SCHOOLS " Community school program" defined Legislative findings; direction to Department of Education State Advisory Committee for Community Schools established; duties Community school program to provide for advisory involvement; local advisory bodies Program to be operated by district providing elementary or secondary education; exception 21st CENTURY SCHOOLS PROGRAM Definitions for ORS to Policy 336& 10 21st Century Schools Program Note Funding from State School Fund $ District eligibility for program Application; 21st Century Schools Councils; district planning committee Application content

118 EDUCATION AND CULTURAL FACILITIES RtiT: & & Note & & & 785 h Additional proposals; content; approval Duties of School Improvement and Professional Development Advisory Committee; criteria for application approval District annual report; proposed plan amendment Department oversight function MISCELLANEOUS Secret societies in public schools prohibited Unauthorized soliciting of pupils prohibited Procurement and display of flags. Liability of school personnel administering medication When ssession of tobacco products prohibited, policy; exception SCHOOL IMPROVEMENT AND PROFESSIONAL DEVELOPMENT PROGRAM Definitions for ORS to Policy School improvement and, professional de- velopment program; purpose; availability of funds Administration; rules; grants Advisory committee; duties; membership; grant applications; procedure; distribution of grants Recommendations of advisory committee; report on programs 21st Century Schools Councils; membership; duties Councils required c Rules for grant applications Contents of application Professional growth and career opportu- nities; eligibility-, grants; application Evaluation of programs; report Dedication of available funds for professional development centers CIFM DEVELOPMENT AND STUDENT- PARENT PROGRAMS Child development programs; student - parent programs; grants Definitions for ORS to Study of existing program Grant procedures for ORS to Grants under ORS to CROSS REFERENCES City zoning ordinances apply to school district property, Mental illness of children, prevention, Private schools offering residential programs for children, inspection and review, Public health programs, school districts may appropriate funds to be expended by local health boards, 43L480 Residential programs, School administrator as guardian of minor child upon appointment by parent, School census, determination, Servicing of school' s receiving equipment by students in course of regular instructional program, Students unable because of religious beliefs to attend classes on certain days, Youth care centers, Basic first aid, HJR 73 ( 1977) Organized labor, HJR 74 ( 1977) Alcohol, narcotics and controlled substances, publicity, educational and other programs on effects of use and abuse, Railroad safety information to students, HJR 18 ( 1989) School fire regulations, Tuition for special education programs prohibited, MI68 Fees, when collection prohibited, Records, exchange between public and private agencies at request of blind or blind and deaf person, School employee - student privilege, Student records exempt from disclosure, " Requisition of flag and payment therefor,

119 CONDUCT OF SCHOOLS; EVIPROVEMENT PROGRAMS POLICY Policy on prevention and cost - effective programs and strategies. (1) It is the policy of the Legislative Assembly that programs and strategies that can substanti- ate a claim to prevention and cost - effectiveness be of high priority. 2) The Le ' slative Assembly finds that dollars invested in quality programs, such as the Head Start program after which the Oregon prekindergarten is modeled, return the costs thereof several times over in costs saved in the areas of remedial education, corrections and human services. [ 1991 x HOLIDAYS; SPECIAL OBSERVANCES; REQUIRED COURSES OF STUDY School month; holidays; teachers' holiday pay; Saturday instruction. (1) The common school month consists of 20 days. 2) No pupil shall be required to attend school on any Saturday or on any legal school holiday. Except as otherwise specifically provided in this section, a legal school holiday is any holiday specified in ORS ) Days on which an election is held throughout the state shall be school holidays only for such schools in which the sole schoolroom is used for election purposes. 4) The following days are not school holidays, but a portion of the days shall be set apart and observed in the public schools by appropriate activities: a) Lincoln's Birthday on February 12. b) Admission of Oregon into the Union on February 14. c) Washington' s Birthday on February 22. d) Columbus Day on October 12. 5) On January 15, Martin Luther King, Jr.'s actual date of birth, a portion of the day shall be set apart and observed in the public schools by appropriate activities. 6) Martin Luther King, Jr.'s Birthday, designated in ORS as the third Monday in January shall be a legal school holiday. However, notwithstanding subsection ( 8) of this section, whether or not there shall be compensation of school employees shall be at the discretion of the school board or covered by a collective bargaining agreement. 7) Presidents Day, designated in ORS as the third Monday in February is not a legal school holiday. 8) No teacher shall be required to teach on any Saturday, except as provided in the terms of the teacher' s employment, or on any legal school holiday. When a holiday occurs on what would otherwise be a school day, teachers shall be allowed full pay for the holiday. 9) No subject required for graduation shall be taught on Saturday only. [ Amended by 1961 x226 1; 1965 c ; 198 c.450 2; 1985 e.518 3; 1989 c Twelve -month class schedule optional. A district school board may adopt a class schedule that operates throughout the year for all or any schools in the district but may not require a student to attend the entire year. [ 1971 c Arbor Week. ( 1) The first full week in April shall be known as Arbor Week. In order that pupils in the public schools shall be made better aware of the benefits of the preservation and perpetuation of forests and the growing of timber and of the environment, the district school board shall cause to be conducted, during school hours, activities which tend to encourage the planting, protection and preservation of trees and shrubs and a greater understanding of the environment and means for preserving and improving it. 2) The Superintendent of Public Instruction, with the approval of the State Board of Education and with the technical assistance of the State Forester, may prescribe and alter a schedule of activities and instruction to be observed during Arbor Week. 3) The State Forester or person in charge of the state tree nurseries may release for use by schools upon application thereof seedlings that would otherwise be destroyed. [ Formerly ; 1971 c.83 1; 1983 x [ Amended by 1955 c.384 l; repealed by 1957 a Women in History Week. The second week in March shall be known as Women in History Week. During school hours in Women in History Week, time shall be set apart for instruction and appropriate activities in commemoration of the lives, history and achievements of women in history, including Frances E. Willard and women in Oregon history. [ Formerly ; 1983 C &= [ Amended by 1965 c ; renumbered Required courses of study; supplemental courses; district courses. (1) The district school board shall see that the courses of study prescribed by law and by the rules of the State Board of Education are carried out. The board may establish supplemental courses which are not inconsistent with the prescribed courses and may adopt courses of study in lieu of state courses of

120 EDUCATION AND CULTURAL FACILITIES study upon approval by the Superintendent of Public Instruction. 2) Any district school board may establish a course of education concerning venereal disease including recognition of causes, sources and symptoms, and the availability of diagnostic and treatment centers. Any such course established may be taught to adults from the community served by the individual_ schools as well as to student enrollment. The board shall cause the parents or guardians of minor students to be notified in advance that the course is to be taught. Any such parent or guardian may direct in writing that the minor child in the care of the parent or guardian be excused from the class. Any parent or guardian may inspect the instructional materials to be used before or during the time the class is taught. 3) The district board shall coordinate the course provided in subsection ( 2) of this section with the officials of the local health department and the Superintendent of Public Instruction. Teachers certified for teaching venereal disease education shall be used where available. No teacher shall be subject to discipline or removal for teaching or refusing to teach venereal disease education. Formerly ; 1967 c.67 26; 1967 c.200 6; 1973 x [ Repealed by 1965 c A4G [ Formerly ; renumbered [ Repealed by 1965 c M [ Formerly ; 1965 x ; renumbered Courses in Constitution and history of United States. ( 1) In all public and private schools courses of instruction in the Constitution of the United States and in the history of the United States shall be given. 2) The courses prescribed under subsection ( 1) of this section shall begin not later than the opening of the eighth grade and shall continue in grades 9 through 12. 3) Such courses shall also be required in all state institutions of higher education, ex- cept the Oregon Health Sciences University, and in all state and local institutions which provide education for patients or inmates to an extent to be determined by the Superintendent of Public Instruction. [ Formerly ; 1977 x M [ Amended by 1965 x ; renumbered [ ; 1963 c ; 1965 x ; renumbered Instruction in ethics and morality. ( 1) In public schools special emphasis shall be given to instruction in: a) Honesty, morality, courtesy, obedi- ence to law, respect for the national flag, the Constitution of the United States and the Constitution of the State of Oregon, respect for parents and the home, the dignity and necessity of honest labor and other lessons which tend to promote and develop an upright and desirable citizenry. b) Respect for all humans, regardless of race, color, creed, national origin, religion, age, sex or handicaps. Acknowledgment of the dignity and worth of individuals and groups and their participative roles in soci- ety. c) Humane treatment of animals. d) The effects of tobacco, alcohol, drugs and controlled substances upon the human system. 2) The Superintendent of Public Instruction shall prepare an outline with suggestions which will best accomplish the purpose of this section, and shall incorporate the outline in the courses of study for all public schools. [ Formerly ; 1975 c.531 l; [ Amended by ; repealed by 1965 a Fire and earthquake drills; unlocked exits; instruction in dangers. (1) In every public, private or parochial school or educational institution having an average daily attendance of 50 or more, pupils shall be instructed and drilled so that they may, in sudden emergency, be able to leave the school building or, in case of earthquake, seek shelter in the shortest possible time and without confusion or panic. Drills or rapid dismissals shall be held at least once each school month. All exit doors shall be maintained so that they can be opened from the inside without a key during school hours. 2) At least 30 minutes in each school month shall be used to instruct children in grades one through eight on fire and earthquake dangers and drills. [ Formerly ; 1991 x [ Formerly ; repealed by 1965 x Teaching in English required; exceptions. Instruction in all subjects in public, private and parochial schools shall be conducted primarily in English, except: 1) Instruction in foreign languages ) Instruction may be conducted in more than one language in order that pupils whose native language is other than English can develop bilingual skills to make an early and effective transition to English and benefit from increased educational opportunities x [ 1955 c.103 1, 3; repealed by 1965 c [ 1963 x570 11; repealed by 1965 c S [ Formerly ; repealed by

121 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS Special English courses for certain children. Specific courses to teach speaking, reading and writing of the English language shall be provided at each grade level, starting at the first grade, to those children who are unable to profit from classes taught in English. Such courses shall be taught to such a level in school as may be required until children are able to profit from classes conducted in English. [ 1971 c [Repealed by 1965 c Development of nondiscrim- inatory curriculum to improve instruc- tional effectiveness. ( 1) The State Board of Education shall encourage the development or implementation of curriculum for public elementary and secondary schools in Oregon that will improve instructional effectiveness or efficiency and that is nondiscriminatory by race, sex, age, marital status, creed or color. 2) The State Board of Education shall stimulate the development of nondiscriminatory courses of study or parts of courses to improve instructional effectiveness or efficiency in public elementary and secondary schools in Oregon. The board may direct the Department of Education or contract with appropriate public educational agencies to develop program materials and to establish a mechanism for the purpose of introducing the materials and implementing the tech- niques. [ 1975 c.423 l, 2; 1989 c [ Formerly ; repealed by 1965 c Standards for curriculum described in ORS The projects authorized by ORS should be designed to: 1) Develop and test nondiscriminatory courses of study or parts of courses which feature predictable student achievement of prestated student performance objectives. 2) Stimulate the implementation of innovative approaches to instruction within the various schools, providing training programs as necessary to familiarize faculty and administrators with newly developed instructional methodology. 3) Be capable of objective evaluation within two years of commencement. [ 1975 c Nuclear age education curric- ulum; development; participants; adop- The Department of tion discretionary. ( 1) Education shall prepare and make available to the educational community a comprehensive educational program affecting appropriate parts of the curriculum, to: a) Improve dispute and conflict resolution skills and encourage creative problem solving; b) Provide understanding of other cultures and the roots and nature of conflict between cultures; c) Communicate insight into how attitudes are formed and decisions are made; d) Present to students, as is appropriate to their ages, a balanced discussion of the following topics: A) The history of the arms race; B) The short, intermediate and long -term dangers of the use of modern weapons of mass destruction; flict; and C) The changing nature of armed con- D) The effect of the arms race on national and local economies. 2) A school district may adopt or modify and implement the educational program de- scribed in subsection ( 1) of this section at the district's discretion. 3) In complying with the requirements of subsections ( 1) and ( 2) of this section, the Department of Education shall consult and seek advice from representatives of at least the following: a) Higher education; b) District school boards; c) School superintendents; d) School administrators; e) Classroom teachers at both elementary and secondary levels; f) School counselors; g) Curriculum development organizations; and h) Students. [ 1987 c.417 l, 21 ADDITIONAL PROGRAMS [ Repealed by 1965 c Definitions for ORS and ; admission of underage child. As used in ORS and , unless the context requires otherwise: 1) " Kindergarten child" means a child five years of age or whose fifth birthday oc- curs on or before September 1. However, nothing in this section prevents a district school board from admitting a child who is determined to be academically, socially and physically ready to enter kindergarten, as defined by policies of the district school board, to enter kindergarten even though the child has not attained the fifth birthday but is a resident of the district. 2) " Kindergarten facilities" includes physical facilities, supplies, equipment and

122 EDUCATION AND CULTURAL FACIL ITIES personnel suitable for the education and training of kindergarten children. 3) " Physical facilities" includes but is not limited to public school buildings, rented buildings which. meet health and safety standards or homes used in school district sponsored programs. ( ; 1987 c Establishment, funding and status of kindergartens. ( 1) By July 1, 1989, the -district school board of every common school district shall provide and before that date any district. may provide kindergarten facilities free of charge for the kindergarten children residing in the district by operating such facilities either singly or jointly, with other districts or by contracting with public or private providers that conform to standards adopted by rule by the State Board of Education. Pursuant to criteria specified in rules of the state board, the state board may authorize extensions beyond' July 1, 1989, for complying with the requirement of this subsection in cases of financial hard- ship. 2) Kindergartens established under subsection ( 1) of this section shall be funded in the same manner as other schools of the district are funded. 3) Kindergartens are an integral part of the public school system of this state. [ ; 1981 c [ Repealed by 1965 c [ Formerly ; repealed by and 1973 c [ Repealed by 1965 c [ Formerly ; 1971 c. 190 l; repealed by 1987 c.194 1] [ Repealed by 1965 c Continuation evening schools. A district school board may: 1) Operate continuation evening schools, fix the hours during which schools shall be in session and fix the length of term for schools. 2) Employ teachers and otherwise pro- vide for the instruction of pupils in all branches taught in the day sessions if there seems sufficient demand in the evening school. 3) Fix a course of study for graduation from the evening high school. 4) Admit any person not receiving instruction in the day session for the, public schools without restriction as to age. Formerly jmepealed by 1965 c Classes for employed minors. 1) The district school board of any school district in which reside or are employed, or both, at least 15 employed children between the ages of 14 and 18 years shall, and any district school board may, provide classes for such employed children. 2) The State Board of Education shall adopt rules governing the organization and administration of classes and shall expend from the funds available for the promotion of vocational education such sums of money as are necessary for the classes. [ 1965 c ] [ Repealed by 1965 c Adult education classes; fees. 1) Any district school board may provide for the establishment of classes for adult education. The board may employ personnel for the purpose of establishing and maintaining classes for adults on the fundamental principles of democratic government, English language, citizenship, public affairs, forums, arts and crafts, general cultural subjects, adult recreation and such other subjects as the State Board of Education may authorize. Such classes shall be conducted in the Engglish language, except as the needs for teach - ing a foreign language may require otherwise. 2) The district school board may establish a fee schedule for such classes and collect fees from persons enrolled in the adult education program of the district. The fees shall be used for the support or encourage- ment of adult education. 3) The classes shall be subject to the rules of the district school board, shall be organized to meet the needs of the adults in the district and, as far as practicable, shall be held at such time and places as are most convenient and accessible to the members of the class. [ 1965 c loo 233; 1967 c [ Repealed by 1965 c ] [ 1965 c ; 1971 c ; repealed by 1989 c Learning environment; Learning Centers; scope of services; outreach; advisory committee. (1) By January 1, 1995, the Department of Education in consultation with the Office of Communit Colle a Services and the Oregon Wor orce Quality Council shall formulate an implementation plan for approval by the State Board of Education establishing learning environments that may include Learning Centers designed to assist students who have left school in obtaining the Certificate of Initial Mastery through the use of teaching strategies, technology and curricula that emphasize the latest research and best practice ) The Learning Centers shall also provide the integration of existing local and community programs that provide any part of the services needed to assist individuals in obtaining the Certificate of Initial Mastery.

123 CONDUCT OF SCHOOLS; EVIPROVEMENT PROGRAMS ) The plan for the centers shall promote means of identifying, coordinating and integrating existing resources and may include: a) Day care services; b) After - school child care; c) Parental training; d) Parent and child education; e) English as a second langguuage or bilingual services for limited pronciency students; services; f) Health services or referral to health g) Housing assistance; h) Employment counseling, training and placement; ment; and ( i) Summer and part -time job develop- j) Drug and alcohol abuse counseling; k) Family counseling. crisis and mental health 4) Education service districts, school districts or schools, or any combination thereof, shall contact any eligible elementary or secondary school student and the stu- dent's family if the student has ceased to at- tend school to encourage the student's enrollment at a Learning Center. If the student or the family cannot be located, the name and last known address shall be reported to the Learning Center or school nearest the address. The Learning Center shall attempt to determine if that student or family is being provided services by this state and shall seek to assist the student or family in any appropriate manner. 5) The Department of Education shall monitor the Learning Centers and periodically report their progress to the State Board of Education and the Oregon Workforce Quality Council. The department may recommend integration of existing services if it determines that such services can be provided more effectively at the centers. 6) The Learning Centers shall be entitled to payment by the district in which the student resides until the student reaches 21 years of age or has earned the Certificate of Initial Mastery, whichever occurs earlier, pursuant to the rules established by the State Board of Education. The payment shall be in an amount not to exceed the cost of the student' s participation in the program. A school district shall not receive state funds for the student in an amount that exceeds the cost of the student' s participation in the program. The payment shall consist of- a) An amount equal to the district expenses from its local revenues for each stu- dent in average daily membership, payable by the resident district in the same year; b) Any state and federal funds that the district is entitled to receive; and c) Any supplemental funds available to the resident district necessary to provide appropriate education services to the student consistent with any previous services pro- vided by the resident district. 7) Adults who wish to pursue a Certificate of Initial Mastery may attend a Learning Center and pay tuition for services. 8) Learning centers may establish advisory committees involving representatives from the 21st Century Schools Councils in those districts, and including a majority of teachers. [ 1991 c [ Repealed by 1965 c Tuition for study not part of regular school program. ( 1) For the purposes of this section: a) " Regular school program" means the regular curriculum provided in the full-time day sessions in the schools of the district for grades 1 through 12 during the period of approximately nine months each year when the schools of the district are normally in operation and does not include summer sessions or evening sessions. b) " Tuition" means payment for the cost of instruction and does not include fees authorized under ORS ) Except as provided in subsection ( 3) of this section, district school boards may establish tuition rates to be paid by pupils receiving instruction in educational progems, classes or courses of study, includin driver instruction, which are not a part of the regular school program. Tuition charges, if made, shall not exceed the estimated cost to the district of furnishing the program, class or course of study. 3) No tuition shall be charged to any resident pupil regularly enrolled in the regular school program for special instruction received at any time in connection there- with ) Except as provided in ORS for driver instruction, no program, class or course of study for which tuition is charged, except courses of study beyond the 12th grade, shall be eligible for reimbursement from state funds. [ Formerly ; 1977 c.815 $ When tuition not allowed under ORS ; hardship waiver. ( 1)( a) Notwithstanding ORS , no district school board shall require tuition for courses not part of the regular school program, except for driver instruction, from a pupil who is a member of a low- income family in an

124 EDUCATION AND CULTURAL FACILITIES amount in excess of what the low- income family may receive as money specifically to be used for payment of such tuition. b) As used in this subsection, " low - income family" means a family whose children qualify for free or reduced price school meals under the federal lunch program, including but not limited to the National School Lunch Act and the Child Nutrition Act of 1966, and all their subsequent amend- ments. 2) A family that does not qualify under subsection ( 1) of this section but believes the pment of school tuition is a severe hard - sluayp may request the district school board to waive in whole or in part the payment of such tuition. 3) Any parent or guardian who believes that payment of any fee authorized under ORS is a severe hardship may request the district school board to waive payment of the fee and the board shall waive in whole or in part the fee upon a finding of hardship. Consideration shall be given to any funds specifically available to the parent, guardian or child for the payment of fees or other school expenses. 4) No district school board shall impose or collect fees authorized under ORS from any student who is a ward of a juvenile court or of the Children' s Services Division unless funds are available therefor in the court' s or the division' s budget. 5) No district school board is required to waive any fee imposed under ORS )(a) or ( d). [ 1975 c.508 2; 1977 c [ Repealed by 1965 c Extended educational experiences. In addition to regular courses of study, any district school board may make available to its students extended educational experiences through public and private com- munity agencies when such experiences can be provided by the agencies more appropriately or at a lesser cost than by the school district. Programs under this section may include but are not limited to work experience programs conducted on a contractual basis with individual employers or employer groups. [ 1967 x Community service programs guidelines. (1) Subject to the approval of the State Board of Education, the Department of Education shall develop curriculum guidelines for community service programs and make such guidelines available for use in school districts. The guidelines shall: a) Encourage students to develop an ethic of helping others through voluntary efforts. b) Demonstrate the reciprocal benefits and obligations of citizenship. c) Incorporate community service practicums. d) Provide students with opportunities to prepare for and reflect upon their service experience. 2) The guidelines developed under subsection ( 1) of this section shall: a) Be structured to encourage school districts to give credit to those students who perform community service. b) Prohibit school - sponsored student involvement in advocacy organizations or political groups. 3) On an annual basis, the Department of Education shall review and report to the State Board of Education on the status of community service education programs oper c.663 l, 21 ating throughout the state. [ Commitment to excellence in education and citizenship; recognition of students. ( 1) It is state policy or all school districts to foster an atmosphere of student commitment to excellence in education, recognizing excellence in academics and excellence in citizenship. 2) Each school district shall determine the activities necessary to qualify for special recognition of student achievement. 3) In implementing the state policy, and after consultation with the student body, an elementary or secondary school shall offer special recognition as appropriate which may include activities such as: a) Reduced admission to athletic events; b) Discount on school yearbook; c) Discount on student store merchandise; permits; events; d) Free or discounted school parking e) Free or discounted tickets to student f) Exemption from a limited number of semester finals; g) Academic " Pride" insignia; h) Early registration privileges; i) Local merchant discounts where available to the district; and ) Free membership in school organiza- tions. [ 1991 c [ Repealed by 1965 c Providing programs outside usual classroom hours. Any district school board may contract for or operate programs providing activities before and after usual classroom hours for school age children residing in the district. Such programs may be

125 CONDUCT OF SCHOOLS; EVIPROVEMENT PROGRAMS ? supervised by persons other than persons holding teaching licenses. The district school board shall establish rules of eligibility for participation in such programs and may collect fees for participation therein. The fees shall be used for the support of the programs STUDENT RECORDS Definitions for ORS to For purposes of ORS to , the following definitions will apply: 1) " Student records" include all records relating to students maintained by any elementary, secondary school or education service district. 2) " Student behavioral records" are student records which include psychological tests, personality evaluations, records of conversations and any written transcript of incidents relating specifically to student be- havior. 3) " Student progress records" are student records which include transcripts of grades and courses taken, records of attendance, tests relating specifically to achievement or measurement of ability, and records of health. 4) " Superintendent" means the highest ranking administrative officer in a school district or an educational institution, or in the absence of the superintendent, the person designated to fulfill the functions. 5) " Board" means the board of directors of a school district or other educational in- stitution. [ 1971 c.512 l; 1979 c.274 1, 1981 x [ Repealed by 1955 c Student records confidential; rules for inspection or release. ( 1) All student records maintained by a school, educational institution or education service district shall be confidential, and except as hereinafter provided shall be open for inspection only in accordance with such rules as the board shall adopt. 2) The board shall establish rules to provide that all student records maintained by any elementary or secondary school in the district shall be available for inspection by any parent or legal guardian requesting to see such records; however, student behavioral records shall be released only in the presence of an individual qualified to explain or interpret the records. 3) Release of student behavioral records for use in any proceedings, civil or criminal, in any court of this state shall be made only by the superintendent or a designated representative, or with the consent of the student or juvenile so confiding or to whom such records relate, if the student is 18 years of age or over, or if the person is a minor, with the consent of the parent or legal guardian of the person. Release shall be made only in the presence of an individual qualified to explain or interpret the records. 4) Student progress records shall be available to all teaching staff, parents, legal guardians or surrogate parents. [ 1971 c.512 2; 1973 c ; 1979 c [ Repealed by 1955 c [ 1971 c.512 5; repealed by 1979 x [ Repealed by 1955 c Transfer of student, records to other schools or districts. ( 1) Any school, educational institution or education service district shall transfer to any other school, educational institution or eucation service district all student progress records relating to a particular individual provided that they have received notice of the student enrolling in the school or institution. 2) Any private school, as defined in ORS , must promptly transfer to any other school, educational institution or education service district all student progress records relating to a articular student upon receipt of notice of the student's enrollment in the other school or institution. [ 1971 c.512 3; 1975 c ; 1979 c [ Amended by 1953 c.561 2; repealed by 1955 c ALCOHOL AND DRUG ABUSE PROGRAM District policy and plan; content. In accordance with rules adopted by the State Board of Education in consultation with the office of Alcohol and Drug Abuse Programs, each district school board shall adopt a comprehensive alcohol and drug abuse policy and implementation plan, including but not limited to: 1) Alcohol and drug abuse prevention curriculum and public information programs addressing students, parents, teachers, administrators and school board members; 2) The nature and extent of the district' s expectation of intervention with students who appear to have drug or alcohol abuse problems; 3) The extent of the district' s alcohol and other drug prevention and intervention programs; and 4) The district' s strategy to gain access to federal funds available for drug abuse prevention programs. [ 1989 c [ Formerly ; 1965 c ;,renumbered Duties of state office of Alcohol and Drug Abuse Programs. To assist school districts to formulate the programs

126 EDUCATION AND CULTURAL FACILITIES described in ORS ( 1), the office of Alcohol and Drug Abuse Programs shall: 1) Devise a public information program directed toward students, parents, teachers, administrators and school board members at the school district level; and 2) Contact advocacy associations of the target groups described in subsection ( 1) of this section to facilitate outreach programs and disseminate alcohol and drug abuse pre- vention information. [ 1989 c SS8,280 [ Amended by 1965 c ; renumbered State board rules. In order to carry out the duties described in ORS and , the State Board of Education, in consultation with the office of Alcohol and Drug Abuse Programs, shall adopt by rule, as a minimum, descriptions of the content of what shall be included in the policy and plan described in ORS and [ 1989 c A0 [ Amended by 1957 c ; 1965 c ; renumbered Reports. The Department of Education, the State System of Higher Education and the office of Alcohol and Drug Abuse Programs shall report to regular sessions of the Legislative Assembly and to the Governor on the progress and effectiveness of the policies and plans described in ORS , and by submitting a copy of the report to the offices of the Pres- ident of the Senate, the Speaker of the House of Representatives and to the Governor. [ 1989 c M [Repealed by 1957 c [ Repealed by 1965 c ,270 [ Amended by 1965 c ; renumbered [ Repealed by 1963 c [ Formerly ; 1965 c ; renumbered ' [ Repealed by 1963 c & M [Repealed by 1963 c [ Repealed by 1963 c [ Repealed by 1963 c [ Repealed by 1963 c [ Amended by 1965 c ; renumbered [ Amended by 1963 c.452 1; 1965 c ; renumbered M [Repealed by 1965 c ~970 [ Amended by 1965 c ; renumbered DENTAL HEALTH PROGRAM " Dental health program" defined. As used in ORS to , dental health program" means a program whereby a dental examination is made at least once each school year of each pupil at- tending school in the district at the time of the examination and whereby dental treatment may be provided, subject to the rules of the district school board. [ 1965 c.1oo 237] Dental health program authorized in districts of 100,000. The district school board in a district with a population of 100,000 or more, according to the latest federal census, may conduct a dental health program. [ Amended by 1965 c Equipment; standards; charges; consent. ( 1) A district school board which conducts a dental health pro- gram.may furnish necessary instruments and equipment and provide suitable quarters in which either dental examination or treatment may be made. 2) The dental examination and treatment shall be scientific, sanitary and efficient, and may be furnished by the district school board free of expense to the minor pupils whose parents or guardians are unable to pay therefor and to the pupils who have attained the age of majority who are unable to pay therefor. Any charges made by the board for the dental examination and treatment shall be fair and reasonable. 3) No minor pupil shall be required or permitted to receive a dental examination or treatment without the written consent of the parents or guardian of the minor pupil. No pupil who has attained the age of majority shall be required to receive a dental examination or treatment. [ Amended by 1965 c ; 1973 e Report to parent; selection of dentist; certificate of treatment. The result of the dental examination shall be reported in writing to the parent or guardian of any pupil who, in the opinion of the per- son making the examination, requires dental treatment. If, after receiving the report, the parent or guardian elects to have the recommended treatment performed by a dentist of the parent or guardian' s own choosing, that dentist shall supply a certificate attesting that the treatment was performed in accordance with the report from the dental health program. The content of the certificate shall be recorded by the board. [ Amended by 1965 c Nonliability for injury from treatment. No school district shall be liable to any pupil, or to the parents or guardian of any pupil, for or on account of any claim for damage on account of any action by any person in connection with the district's dental health program. [ Amended by 1965 c Cooperation and sharing expense. Any district school board which conducts a dental health program may cooperate

127 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS with and share the expense of dental examination and treatment with any other organization or individuals. [ Amended by 1965 c ] 336" [ Renumbered EARLY CHII.DHOOD IMPROVEMENT PROGRAM Administration; planning com- ponents; grants. ( 1) The Department of Ed- ucation shall administer the Early Childhood Improvement Program to assist public school districts in providing programs designed to m1 rove educational services for children en- rolled in grades kindergarten through three. Programs shall be based on research and proven successful practices in programs such as Head Start. The department shall evaluate the programs which receive grants under ORS to , , , , to , , , , , , , , , and and report the results of the evaluation to the Legislative Assembly. 2) The programs shall include the following planned components: a) Targeted services for " at -risk" children and families, which may include but are not limited to remedial and alternative academic programs, child care, parent participation and child development services. b) Efforts to improve the kindergarten through third grade curriculum and educational practices so that they: A) Are consistent with research findings on how children learn; B) Are sensitive to individual differences such as cultural background and learning styles; and C) Encourage parent participation. Such efforts may include but are not limited to adapting curricula and training administrators and other staff in early childhood education and child development. c) Comprehensive education, health care and social services for children to be provided through interagency agreements among school districts, health care and social ser- vice providers. d) Evaluation of programs by goals set by the district for the program. e) Planned transition from prekindergarten programs to grades kindergarten through three. 3) In addition to the components listed in subsection ( 4) of this section, Early Childhood Improvement Programs may include but are not limited to the following components: a) Extended day services for school age children who need care portunities; and or enrichment op- b) Programs designed to improve the adult to child ratios in grades kindergarten to three. 4) The district application shall include: a) Plans developed by 21st Century Schools Councils at the school building level as described in ORS ; and b) Demonstrated consistency with the local assessments and plans resulting from the juvenile program planning described in ORS ) Public school districts or consortia of such districts with education service districts are eligible to receive funds under ORS to , , , , to , , , , , , , , , and Funds shall be available to districts with approved applications on a per child basis for the district' s children enrolled in kindergarten through grade three. Finds not allocated shall be prorated to the districts with approved applications not later than the end of the fiscal year for which the allocation is made. 6) If the district plan proposes use of innovative instructional materials, the State Board of Education, pursuant to ORS , may waive the use of such instructional materials as might otherwise have been required. [ 1991 c a] provides: Note: Section 19b, chapter 693, Oregon Laws 1991, Sec. 19b. Advisory committee. The Superintendent of Public Instruction shall appoint an advisory committee composed of public school teachers, district school board members, administrators, social service and health professionals, parents, early childhood specialists and business and community members to assist with the establishment of the rules and program requirements under ORS and sections 19a to 19e of this Act. The advisory committee shall be disbanded on June 30, [ 1991 c b] Rules. ( 1) The State Board of Education shall adopt rules for the establishment of the Early Childhood Improvement Program. Rules shall require school districts to include in their applications cooperative efforts with other programs for young children. 2) The Department of Education shall review and approve applications by July 1 of each year. [ 1991 c c] provides: Note: Section 19f, chapter 693, Oregon Laws 1991, Sea 19f. Nongraded primary program; models. 1) By the 1992 school year, the Department of Education shall recommend models for use by school districts for developmentally appropriate nongraded primary programs for children enrolled in prekindergarten

128 EDUCATION AND CULTURAI. FACILITIES through the primary grades. The models shall be done in consultation with: a) Teachers, parents, administrators and classified school employees from schools and Oregon prekindergarten programs that currently provide: A) Devdlopmentally appropriate nongraded primary programs; B) Comprehensive health and social services; C) Active parent involvement; D) Extended day services; or E) Staff development programs in developmentally appropriate practices; b) Higher education faculty representatives from the fields of education, human development and family services; and c) Community college representatives from the field of early childhood education. 2) The State Board of Education shall report to the 1993 regular session of the Legislative Assembly on the feasibility of all school districts implementing non - graded primary programs, including strategies for prevention of failure and early intervention for students requiring special assistance. 3) Plans for early childhood education shall include a recommended funding formula and implementation process that recognize the need for flexible models to meet local needs and shall include strategies that: a) Reduce the ratio of students to teachers and other trained adults in the classroom; personnel; b) Utilize trained classified and other support c) Coordinate comprehensive health and social services to parents and families; d) Provide preventive and remedial services; e) Provide for extended day services to children either through coordination with existing community providers or through school- sponsored programs; f) Improve the curriculum and instructional practices consistent with research; g) Provide materials, supplies and equipment needed to carry out developmentally appropriate pro- grams; h) Provide inservice training in developmentally appropriate practices for staff; i) Encourage parent or guardian participation and education regarding developmentally appropriate practices for young children; 0) Recognize the necessity for appropriate physical facilities to carry out this subsection; k) Encourage heterogeneous groupings of students and discourage negative labeling of children' s learning levels; and L) Develop nongraded primary models that are culturally and linguistically appropriate. [ 1991 c f] 386A40 [ Amended by 1965 c ; renumbered TRAFFIC PATROL ` Draffic patrol" defined. As used in ORS to " traffic patrol" means one or more individuals appointed by a public, private or parochial school to protect pupils in their crossing of streets or highways on their way to or from the school by directing the pupils or by cautioning vehicle operators. [ 19M x575 l; 1965 c ; 1981 c.22 1; 1983 x ) Traffic patrols authorized; medical benefits; rules. ( 1) A district school board may do all things necessary, including the expenditure of district funds, to organize, supervise, control or operate traffic patrols. A district school board may make rules relating to traffic patrols which are consistent with rules under ORS ). 2) The establishment, maintenance and operation of a traffic patrol does not constitute negligence on the part of any school district or school authority. 3) A district school board may provide medical or hospital care for an individual who is injured or disabled while acting as a member of a traffic patrol. [ 1961 c.575 3; 1965 c Regulation of traffic patrols for public, private and parochial schools; qualifications. ( 1) To promote safety the State Board of Education after consultation with the Motor Vehicles Division, the High- way Division and the Department of State Police, shall make rules relating to traffic patrols. 2) A member of a traffic patrol: a) Shall be at least 18 years of age unless the parent or guardian of the member of the traffic patrol has consented in writing to such membership and ceases to be a member if such consent is revoked. b) May display a badge marked " traffic patrol' while serving as a member. c) May display a directional sign or signal in cautioning drivers where students use a school crosswalk of the driver's responsibility to obey ORS [ ; i965 c ; 1971 c.189 1; 1981 c.22 2; 1983 x ; 1989 c Intergovernmental cooperation and assistance in connection with traffic patrols. ( 1) The Department of Edu cation and the Highway Division shall coop- erate with any public, private or parochial school in the organization, supervision, control and operation of its traffic patrol. 2) The Department of State Police, the sheriff of each county or the police of each city may assist any public, private or parochial school in the organization, supervision, control or operation of its traffic patrol. [ 1961 c.575 4; 1965 c ; 1971 c [ 1961 c.364 l, 2, 3; 1965 c ; renumbered

129 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS COMMUNITY SCHOOLS " Community chool program" defined. As used in ORS to , unless the contest requires otherwise " com- munity school program" means a program that fosters citizen involvement and provides educational, recreational, cultural and re- lated services to the community. [ 1981 c Legislative findings; direction to Department of Education. The Legislative Assembly finds that the community school is an expression of the philosophy that the local school is most effective when it involves the people of that community in programs designed to fulfill their needs and interests while increasing the community' s use of personnel, buildings, equipment and other public educational resources. Accord- ingly, the Department of Education is di- rected to: 1) Provide state leadership for community school development; 2) Assist in the establishment, mainte- nance and expansion of community schools; 3) Serve as the state administrative agency for federal community school funding; and 4) Foster coordination of community school services provided by local schools, community colleges, education service districts, community college service districts and other public and private agencies to avoid unnecessary duplication. [ 1981 c State Advisory Committee for Community Schools established; duties. 1) A State Advisory Committee for Community Schools appointed by the Superintendent of Public Instruction is established to advise the Department of Education. 2) The committee' s duties include: a) Advising the superintendent regarding community school practices; and b) Performing other responsibilities relating to community schools designated in writing b the superintendent. [ 1981 c.259 3; 1989 x Community school program to provide for advisory involvement; local advisory bodies. ( 1) The community school program shall provide for the active and continuous involvement on an advisory basis of institutions, groups and individuals in the community to be served by the program and the active and continuous involvement of local residents in the planning, development and operation of those programs and services deemed appropriate for their community. recommend priorities, identify available resources, promote programs, study progress, encourage interagency cooperation, suggest financing and evaluation methods and make recommendations to district school boards and local administrators. [ 1981 c Program to be operated b 1 district providing elementary or secon2_ ary education; exception. In a community which chooses to operate a community school program, the program shall be operated by a school district that provides elementary or secondary education. However, if a school district has no community school program, it may consent in writing for the formulation and operation of a community school program by a community college or community college service district or an education service district or a municipal government or a parks and recreation district, or any combination thereof. [ 1981 c ST CENTURY SCHOOLS PROGRAM Definitions for ORS to As used in ORS to : 1) " Administrator" includes all persons whose duties require administrative licenses. 2) " 21st Century Schools Council" means a body composed of teachers, administrators and public members, constituted according to ORS , for the purpose of designing and administering programs submitted and approved under ORS to ) " Department" means the Department of Education. 4) " District planning committee" means a body composed of teachers, administrators and public members, constituted under ORS , for the purpose of sponsoring programs submitted and approved under ORS and ) " School district" means a school district, an education service district, a state - operated school or any legally constituted combination of such entities that sponsors an eligible program and submits an application under ORS ) " State board" means the State Board of Education. 7) " Teacher" means all licensed employees of a school district who have direct responsibility for instruction, coordination of educational programs or supervision of teachers and who are compensated for their services from public funds. " Teacher" does not include a school nurse, as defined in ORS , or a person whose duties require an administrative license. [ 1989 tw 11 2) Local advisory bodies shall review Policy. The Legislative Assembly needs, establish local goals and objectives, finds that:

130 EDUCATION AND CULTURAL FACILITIES 1) Because American society and the American student are changing dramatically, schools and schooling must be altered significantly in order to sustain their relevance and their vitality in an increasingly challenging world; 2) Real and fundamental change in the structure of schools and education must emerge from the school site rather than be imposed externally or unilaterally and should be based on professional knowledge and a solid foundation of research; 3) To encourage the restructuring of schools in Oregon, the state should establish a process to allow teachers, administrators and the public to modify or waive, or both, certain statutes, rules and local policies and agreements in order to promote greater flexibility in the way schools are organized, managed and financed; and 4) In exchange for such flexibility, teachers, administrators and the public should be held accountable to clear and measurable standards of student learning and other educational performance. [ 1989 c.840 2] st Century Schools Program. 1) There is established a program to begin in the school year known as the 21st Century Schools Program." 2) The purposes of this program include the following: a) To encourage the restructuring of school operations and formal relationships between teachers, administrators and local citizens, including but not limited to modifi- cations of the following: A) The length and structure of the school day and the school year; B) Curriculum requirements; C) Graduation requirements; D) The licensing, assignment and formal resonsibilities antother school personnel; of teachers, administrators E) ' State statutes and rules and local policies and agreements relating to educa- tional practices, with the exception of those that affect health, safety or constitutional rights under state or federal law; F) The formal and informal relationships between school districts and other entities, including community colleges, four -year colleges and universities, businesses and other institutions; and G) The integration of traditional services to grades kindergarten through 12 with public and privately sponsored social services, such as early childhood education, day care and assistance for teenage parents and other at -risk youth. b) To encourage educators, school districts and local citizens to establish measurable goals for educational attainment and increased expectations for student performance, including but not limited to improvement in such performance measures as: A) Student dropout rates; B) District, state and national standardized tests and other assessments of student learning and educational progress; C) The extent and nature of parental in- volvement in school activities; actions; D) Student conduct and disciplinary E) Student expectations and attitudes towards learning; and F) Student success in college, vocational and other post - secondary programs. [ 1989 c.840 3] provides: Note: Section 13, chapter 693, Oregon Laws) 1991, Sec. 13. Funding from State School Fund. ( 1) By 1996, in addition to other funds available for the purposes of the 218t Century Schools Program under ORS to and the School Improvement and Professional Development program under ORS to , an amount equal to one percent of the State School Fund shall be used for the purposes of ORS to and to before any other distribution is made. The amount shall be distributed to eligible school districts at the same time and in the same manner as the State School Fund is distributed. The amount distributed to any eligible school district depends on the amount approved in the school district's application. 2) Out of the amount available for distribution under this section, an amount equal to five percent thereof shall be distributed to eligible school districts that demonstrate substantial progress in student performance as a result of changes made, taking into consideration such factors as the socioeconomic characteristics of the student population. The decision to distribute funds under this subsection shall be made by the State Board of Education on advice of the 21st Century Schools Advisory Committee. [ 1991 c District eligibility for pro 1) Any district school board is elig le to submit an application for the 21st Century Schools Program. 2) Applications may be made on behalf of the following: a) An individual school building; b) Two or more school buildings within a district;, or c) All school buildings within a district; d) A consortium consisting of two or more school districts. [ 1989 c Application; 21st Century Schools Councils; district planning committee. ( 1) To the extent practicable, the development of the application and the administration of programs under ORS to shall be delegated by the state and

131 CONDUCT OF SCHOOLS; BVIPROVEMENT PROGRAMS school districts to the 21st Century Schools Councils. 2) If more than one school building is part of an application, the 21st Century Schools Councils may elect to establish a district planning committee to facilitate the development of its application. A district planning committee constituted under ORS to shall consist of- a) Administrators and at least one school board member to be chosen by the school board. b) Teachers, chosen by the exclusive representative, in a number equal to those appointed under paragraph ( a) of this sub- section. c) At least three public members, chosen jointly by the other members of the committee. 3) To participate in the 21st Century Schools Program, and prior to submission of an application by the school board, a school district shall have accomplished the following: a) Identified the school building or buildings and, if appropriate, the school district or districts on whose behalf the application is submitted. b) Established, in each school building affected by the proposal, a 21st Century Schools Council. c) Agreed, at the direction of the 21st Century Schools Councils and, if applicable, the district planning committee, upon the following: A) The major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships as described in ORS ( 2). B) The specified measures of student learning and educational outcomes, including but not limited to those described in ORS ( 2) for each building affected by the application. C) The process by which each 21st Century Schools Council and, where applicable, the district planning committee will collect data and assess the progress and final performance of its program. 4) The local district school board shall be responsible for submitting the application and certifying that all appropriate requirements of ORS to have been met. [ 1989 c.840 $ Application content. ( 1) All applications for the 21st Century Schools Program shall be submitted to the Department of Education, and shall contain the following: a) A letter of supjpoil from the school board and the exclusive representative of teachers in the buildings affected. b) An abstract of the nature and objectives of the project and a description of the changes projected to occur in the school or district, or any combination thereof, as a result of the proposal. c) A description of the goals and major activities to be carried out as art of ttie project, including but not limited the nature and extent of the restructuring of school operations and formal relationships as described in ORS ( 2). The application shall also describe the process used to identify the goals and major activities of - the project. d) A list of the major student leary and educational outcomes that are 1proje:cted to occur as a result of the project, inclu.din but not limited to those outcomes described in ORS ( 2). e) A description of all statutes and rules to be modified or waived to complete the activities of the project. For each provision, the application shall include a statement describing why the modification or waiver is warranted. f) A description of all district rules and agreements that are to be modified or waived. All such provisions shall be approved by a majority vote of each 21st Century Schools Council, the affirmative vote of at least two- thirds of the licensed teachers in the affected school buildings and. the ap- proval of the local district school looard and the exclusive representative of the teachers. g) A budget plan for the project and additional anticipated sources of funding, if any, including private grants and contrib- utions. h) A description of the process by which data will be collected and assessed to measure student learning and other educational performance attributable to the project. i) Letters expressing support and a willingness to participate from community col - leges and other post - secondary institutions, where appropriate. j) The number of school years for which approval is sought. The period shall be no less than three years and no more than five years. k) A description of how the district intends to share and disseminate to other school districts those practices that prove effective. 2) Applications shall contain all the components of subsection ( 1) of this section to be eligible for approval

132 3W.557 EDUCATION AND CULTURAL FACILITIES 3) The application may also contain written statements of support from parents, citizens, local businesses and other interested individuals and organizations. ( Additional proposals; content; approval. ( 1) In addition to the application described in ORS for the 21st Century Schools Program or ORS for the Slchool Improvement and Professional Development program, a school district may submit proposals to: a) Modify laws, rules or policies; b) Establish nongraded school programs for- students; c) Extend the school year or teacher and student contact hours for all students in the district or for a specified group of students; d) Integrate health and social services at the school site to meet the comprehensive needs of children and the families in which they live; e) Substantially modify traditional methods o.f delivering and monitoring educational services, including but not limited to the elimination of the 55- minute class period and graded classrooms and the promotion of such strategies as the use of team teaching, student - to-student mentoring, bilingual tutoring programs and inclusion of special needs population; f) Operate a team, small group model school with a team of teachers remaining with the same students over a period of several years using a variety of teaching techniques and research -based cooperative small groups; g) Develop public school choice plans to give parents, students and teachers more freedom to, design and choose among programs with different emphases, both among school districts and within and among schools; h) Restructure programs for students, including but not limited to applied academ- ics, youth apprenticeships and other schoolwork models that involve, as mum, two -year programs; a mini- i) Develop new programs integrating technology into the curriculum, instruction and student assessment; j) Increase parent involvement in decision- making at the school site; and k) Restructure programs for middle level students, including, but not limited to, heterogeneous groups, integrated curriculum and staffing and appropriate teaching strategies. 2) A district that applies under this section shall submit a proposal in accordance with rules adopted by the State Board of Education, including a requirement that the district form a district site committee composed of representatives from all affected school buildings. 3) A proposal submitted under this section shall be approved by the school district board of directors and by the exclusive representatives of the teachers in the district. 4) Notwithstanding ORS to , the State Board of Education shall give preference to applications that involve one or more of the proposals described in subsection ( 1) of this section or other innovative models to meet the goals of ORS to , , , , to , , , , , , , , , and [ 1991 x Duties of School Improvement and Professional Development advisory committee; criteria for application approval. ( 1) The School Improvement and Professional Development advisory committee, appointed by the State Board of Education under ORS , shall propose rules, for adoption by the state board, to govern the submission and approval of applications un- der ORS to ) The advisory committee shall review all applications submitted under ORS to and recommend applications for approval by the state board including but not limited to the following criteria: a) The existence of significant, measurable and achievable goals based on student performance; b) The extent to which the district has demonstrated the need for the requested modifications and waiver of specified statutes and rules and local policies and agreements; c) The extent to which the application proposes significant changes in the structure of school operations and the formal relationships between teachers, administrators and public citizens, as described in ORS ; d) The clarity of purpose and values underlying the proposal; e) Evidence of thoroughness in identifying, developing and projecting implementa- tion of the proposed activities; f) Evidence of potential transferability of the proposed activities and practices that are judged to be successful; g) A determination that modification or waiver of statutes and rules and local policies and agreements will not be detrimental to the health, safety or constitutional rights of students, teachers, administrators or the public under state or federal law; and

133 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS h) A demonstration of support and commitment from all parties to support and faithfully implement the proposal. 3) The advisory committee may suggest modifications in submitted applications, subject to the approval of the school board, the exclusive representative of teachers and each 21st Century Schools Council involved in the project. 4) The state board shall consider the recommendations of the advisory committee and make the final decisions on approval of the applications, using the criteria contained in subsection ( 2) of this section. Before mak- ing these decisions, the state board shall allow opportunity for comment by persons submitting the applications and by the pub- lic. [ 1989 c District annual report; proposed plan amendment. ( 1) Each district that receives approval for a project under the 21st Century Schools Program shall submit an annual report to the advisory committee appointed under ORS and to the local community. The report shall include specific data that reflect the nature and extent of changes in student learning and other performance as described in its application. 2) Along with its annual report, a district may submit proposed amendments to its approved program describing additional statutes, rules or local policies and agreements that it proposes to waive. Such amendments must be accompanied by a statement of support from the local school board, the exclusive representative of teachers and each 21st Century Schools Council involved in the project. The advisory committee may recom- mend approval of such amendments upon a finding of satisfactory progress by the dis- trict and a determination that all other provisions of ORS to have been met. 3) If, based upon these annual reports, the advisory committee determines that a district's progress is unsatisfactory, the advisory committee may recommend to the state board that the district be placed on probation for a one -year period. During the probationary year, the district shall be eligible for special assistance from the Department of Education. During the probationary year, the district shall also prepare a contingency plan in the event it is ordered to terminate its project prematurely. 4) If, after the probationary period described in subsection ( 3) of this section, the district' s progress is still unsatisfactory in the judgment of the advisory committee, the advisory committee may recommend that the state board terminate the project and implement its plan for returning to compliance with previously waived statutes, local policies and agreements. rules and 5) A district may terminate its application by submitting to the board a request for termination that has been approved by the school board, the exclusive representative of teachers and the 21st Century Schools Councils. [ 1989 c Department oversight function. The Department of Education shall be responsible for oversight in the implementation of approved projects. In carrying out this oversight function, the department shall: 1) Maintain regular contact with educators, school building personnel and school district personnel through site visitations, reports and other appropriate contacts. 2) Develop and coordinate linkages between participating school districts and other educational institutions, including community colleges, four -year colleges and univer- sities. 3) Regularly collect relevant information from participating educators, school building personnel and district personnel. [ 1989 c MISCELLANEOUS Secret societies in public schools prohibited. ( 1) No secret society of any kind, including a fraternity or sorority, shall be permitted in any public school. 2) The district school board may order the suspension or expulsion of any pupil who belongs to a secret society. 3) This section does not apply to any institution of higher education under the jurisdiction of the State Board of Higher Education. [ Formerly Unauthorized soliciting of pupils prohibited. No person shall solicit, receive or permit to be solicited or received from pupils enrolled in public schools, on any public school premises any subscription, donation of money or other thing of value for presentation of testimonials to school offi- cials or for any purpose except such as are authorized by the district school board. Formerly Procurement and display of flags. Each district school board shall procure a United States flag and an Oregon State flag of suitable sizes and shall cause such flags to be displayed upon or near each public school building during school hours, except in unsuitable weather, and at such other times as the board deems proper. Formerly and then ] Liability of school personnel administering medication. A school administrator, teacher or other school em-

134 EDUCATION AND CULTURAL FACILITIES ployee designated by the school administrator, who in good faith administers medication to a pupil pursuant to written permission of the pupil' s parents or guardian and in compliance with the instructions of a physician, is not liable in a criminal action or for civil damages as a result of the administration except for an act or omission amounting to negligence or willfull and wanton misconduct. [ 1979 c When possession of tobacco products prohibited, written policy; exception. ( 1) A facility shall not permit any person under 18 years of age to possess tobacco products, as defined in ORS , while the person is present on facility grounds or in facility buildings or attending facility- sponsored activities. 2) The facility must have written policies prohibiting the possession of tobacco products described in subsection ( 1) of this section by persons under 18 years of age. The facility must have written plans to imple- ment such policies. 3) This section does not apply to any person for whom a tobacco or nicotine prod uct has been lawfully prescribed. 4) As used in this section, " facility" means public or private schools, juvenile training schools or juvenile detention facilities. " Facility" does not include colleges or universities, vocational schools or commu- nity colleges. [ 1991 c.97o 41 SCHOOL IMPROVEMENT AND PROFESSIONAL DEVELOPMENT PROGRAM Definitions for ORS to As used in ORS to , to and to : 1) " Administrator" includes all persons whose duties require administrative licenses. 2) " Educational goals" means a set of goals for educational performance, as formu- lated by the 21st Century Schools Councils and local communities, and adopted by district school boards, according to provisions of ORS to , to and to , to encourage greater accountability between schools and the community, and better to assess the effectiveness of educational programs, including the professional growth and career opportunity programs, described in ORS to , to and to ) " Index of teaching and learning conditions" means the system for the collection and analysis of relevant educational data by schools, districts and the state for the purpose of assessing the educational effective-. ness of schools and programs. 4) " Parents" means parents or guardians of students currently enrolled in a public school providing education in prekindergarten through grade 12. 5) " School Improvement and Professional Development program" means a formal plan submitted by a school district and approved by the Department of Education according to criteria specified in ORS to , to and to ) " School district" means a school district, an education service district, a state - operated school or any legally constituted combination of such entities that submits an application under ORS ) " 21st Century Schools Council" means a body composed of teachers, classified dis- trict employees, administrators, parents of students and others, constituted under ORS ) " Teacher" means all licensed employees in the public schools or employed by an education service district who have- direct responsibility for instruction, coordination of educational programs or supervision of teachers, and who are compensated for their services from public funds. " Teacher" does not include a school nurse as defined in ORS or a person whose duties require a licensed certificate. [ 1987 x896 1; 1989 c187 1; 1991 x Policy. ( 1) Further initiatives to promote educational excellence in the public schools are of vital importance in increasing student learning and strengthening Oregon' s economy. 2) The state should encourage and assist local school districts in their efforts to establish school goals through a process that involves educators and members of the com- munity and to develop effective tools to measure progress against those goals that will increase the public accountability of ed- ucational programs. 3) New career opportunities for professional development are desirable to recognize and reward those teachers who have demon- strated mastery of teaching skills, knowledge of their subject matter and other appropriate indicators of professional growth. 4) The establishment of 21st Century Schools Councils for the school district and for individual schools is desirable to encourage new initiatives in school -based management and the assessment of educational progress, to provide new and expanded career opportunities for teachers and to facilitate efforts to restructure the school workplace to provide educators with greater responsibility while increasing their accountability c

135 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS School Improvement and Professional Development program; purpose; availability of funds. ( 1) Oregon hereby establishes a School Improvement and Professional Development program to encourage the following: a) The development of educational goals for individual schools and school districts; b) The assessment of the educational progress of school programs and students; c) The expansion of professional growth and career opportunities for Oregon teach- ers; and d) The restructuring of the school workplace to provide teachers with responsi- bilities and authority commensurate with their status as professionals. 2) All programs in ORS to , to and to are subject to the availability of funds appropriated therefor. M%7 c.896 3, & 720 Administration; rules; grants. 1) The School Improvement and Professional Development program shall be administered by the Department of Education according to rules established pursuant to ORS to , to and to by the State Board of Education. 2) A school district or an education service district, or a combination of such entities, may submit an application to the Department of Education to receive a School Improvement and Professional Development grant. 3) The Department of Education shall be responsible for evaluating district proposals according to rules and criteria established under ORS ) Grants under this program shall be effective for one or two calendar years and are renewable. A district may apply to continue its grant for one or two years but in no event is the district entitled to receive more than $ 1, 000 for each teacher for whom a grant is received during the continuation period. [ 1987 c.896 4; 1989 c ; 1989 c Advisory committee; duties; membership; grant applications; procedure; distribution of grants. ( 1) The State Board of Education shall appoint a 21st Cen- tury Schools Advisory Committee to propose rules for the submission and approval of grants and programs under ORS , to , , to and to Xa) The advisory committee shall include teachers, who shall constitute a majority of the 15 members, and one member from each of the following groups, at least one of whom must be a member of a minority: A) School administrators; B) School board members; C) Education school faculty; D) Classified district employees; E) Parents of children currently in prekindergarten through grade 12 of the public school system; and F) Members of the business and labor community. b) The board may appoint other citizens as considered appropriate by the board. 3) The deadline for applications submitted by districts under ORS to , to and to shall be April 1 preceding the school year for which they are proposed. The Department of Education shall review all applications and shall approve or reject them no later than June 1 preceding the school year for which they are proposed. 4) Districts that qualify for 21st Century Schools grants under ORS to , to and to shall receive up to $ 1, 000 per year for every full-time equivalent teacher deemed eligible for this program. 5) Subject to ORS to , the Superintendent of Public Instruction shall distribute grants -in -aid to eligible school districts so that at least three - quarters of the allocation due to each eligible district is received no later than February 1 of each fiscal year and the remainder when all required reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year. [ 1987 x896 5; 1989 c ; 1991 c Recommendations of advisory committee; report on programs. ( 1) The advisory committee appointed under ORS shall make its recommendations no later than November 1, ) After public review of the recommendations of the advisory committee made under ORS ( 1), the State Board of Education shall adopt rules to carry out the provisions of ORS to , to and to no later than February 1, Such rules shall be published and distributed to all school dis- tricts. 3) In awarding grants, the Department of Education shall work to insure a representation of school districts of different sizes and in different geographical locations. [ 1987 c ( 1) to ( 3)] 33 &745 21st Century Schools Councils; membership; duties. ( 1) To the extent practicable, the establishment of school

136 EDUCATION AND CULTURAL FACILITIES goals, the development and use of indexes of teaching and learning conditions and the administration of grants -in -aid for the professional development of teachers and classified district employees shall be delegated to 21st Century Schools Councils that are established at the school building level. 2) A 21st Century Schools Council established under ORS to , to and to shall be composed of teachers, classified district employees, building administrators and parents of students. Members of the 21st Century Schools Council shall appoint parents or guardians of children attending the school and may appoint representatives of the community at- large. 3) Teachers, classified district empployees, building administrators and any designated representatives of the district school board who serve on a 21st Century Schools Council shall be selected by the direct election of peers under the following condi- tions: a) A ma' ority of a 21st Century Schools Council shah be active classroom teachers. b) The principal of a school or the principal' s designee shall be a member of a 21st Century Schools Council. 4) The duties of a 21st Century Schools Council under ORS to , to and to shall include but are not limited to: a) The development and implementation of a plan to improve the professional growth and career opportunities of a school' s staff; b) The improvement of its instructional program; and c) The development and coordination of the implementation of ORS to , , , , to , , , , , , , , , and at the school site. 5) A district may establish a district site committee to assist in the administration of grants under ORS to , to and to Such district site committees shall be composed of teachers, classified district employees, administrators, parents of students and at least one member appointed by the school board. Teachers shall comprise one -half of such committees and shall be appointed by the certified or recognized bargaining unit, if any, for teachers in the district. Classified district employees shall be appointed by the recognized bargaining unit, if any, for classified employees in the district. 6) Whenever the decisions of any plan of the 21st Century Schools Council conflict with a recommendation of the local school committee established under ORS , the decision of the 21st Century Schools Council shall prevail. [ 1987 c.896 8; 1989 c.187 5; 1991 c provides: Note: Section 14, chapter 693, Oregon Laws 1991, Sec. 14. Councils required. By September 1992, each school district with more than one school shall have at least one 21st Century Schools Council established pursuant to ORS By September 1994, all school districts shall have at least one school site with a 21st Century Schools Council. Each school site shall be required to have a 21st Century Schools Council not later than September [ 1991 c Rules for giant applications. 1) An eligible grant application must be submitted by a school district according to rules prescribed by the State Board of Edu- cation. The rules shall include, but not be limited to, the following: a) Except for state - operated schools, the school district in its application shall certify that its proposal has been approved by the school board and is consistent with existing district policies, rules and contracts bargained under ORS to r b) The administration of grant programs under ORS to , to and to shall be con- sistent with existing district policies, rules and contracts bargained under ORS to ) Nothing in this section is intended to make grants under ORS to , to and to subject to collective bargaining. [ 1987 c.896 7; 1989 c Contents of application. To be eligible for funding, a district' s application shall include the following: 1) A description of a process to formulate and adopt district and individual school building educational goals so that such goals reflect input from a wide range of citizens in the community. 2) A description of how the district will formulate and use indexes of teaching and learning conditions to measure progress according to those goals. The indexes of teach ing and learning conditions may include, but are not limited to, such indicators as: a) Class size and teaching loads; b) A profile of the teaching and administrative personnel, including such charac- teristics as years of experience, rate of turnover and absenteeism; c) The frequency and nature of teacher misassignments; munity; d) The socioeconomic status of the com-

137 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS e) The ability and willingness of a school district to provide financial support for the schools; f) Measures of student progress as measured on school district or state assessments, or both; actions; g) Attendance and drop out rates; h) Student conduct and disciplinary i) Measures of student success in vocational, college and other post - secondary pro- grams; and Student expectations and attitudes toward learning. 3) A description of how the proposed program will address the identified needs for professional growth and career opportunities of teachers in the district. 4) Certification by the school district that none of the moneys received through ORS to , to and to shall be used to re- place expenditures for existing programs for professional growth and career opportunities. 5) A description of how the district will evaluate the effectiveness of its School Improvement and Professional Development grant, using educational goals and an index of teaching and learning conditions. [ 1987 ca896 9; 1989 c Professional growth and career opportunities; eli#ibility; grants; ap- plication. ( 1) To be eligible for funding, a district proposal shall define and provide a process by which eligible teachers are selected by a 21st Century Schools Council to receive additional professional growth and career opportunities which may include, but are not limited to, service as a mentor teacher, supervision and instruction of student teachers, either in the classroom or as an adjunct faculty member at a school of education, curriculum development, service on a 21st Century Schools Council, reimbursement for academic course work, opportunities for research in a teachers field or fields, programs to encourage peer observation and assistance programs, additional sabbaticals and other programs designed to encourage professional growth. 2) All teachers in good standing shall be eligible for advanced professional growth and career opportunities, according to criteria established by 21st Century Schools Councils. Those criteria shall include demonstration of the following: a) Mastery of teaching skills and subject matter knowledge; b) A commitment to personal and professional growth as a teacher; c) Active collaboration on professional matters with other faculty; and d) Active involvement in school and community affairs. 3) In applying for such opportunities, teachers shall describe how such opportunities will further the goals of the schools in which the teachers are employed. 4) Administrators may be eligible for additional professional growth and career opportunities, provided that their proposals are directly linked to enhancing their role as instructional leaders within their schools. 5) Grants for professional growth and career opportunities may be given for a period of time not to exceed one year. 6) A teacher approved for a professional growth and career opportunity shall be given the choice of receiving additional release time or additional compensation in exchange for assuming additional responsibilities. However, release time shall not be used if to do so increases the work load of other teachers regularly employed by the school district. [ 1987 c.896 lot Evaluation of programs; report. (1) The Department of Education shall be responsible for conducting a comprehensive evaluation of all district programs under ORS to , to and to and reporting to the Legislative Assembly. 2) The evaluations shall include an assessment of the performance of district pro- grams as measured against those requirements outlined in ORS [ 1987 x Dedication of available funds for professional development centers. To administer ORS to , the Department of Education shall dedicate a portion of its funds, not to exceed 10 percent of the total appropriated for the purposes of ORS to to provide for the establishment of professional development centers to: 1) Assist school districts, teachers, 21st Century Schools Council members and others to formulate goals and indexes of teaching and learning conditions; 2) Provide additional professional growth and career opportunities for teachers; and 3) Carry out other purposes of ORS to [ 1987 x896 13; 1989 c CHILD DEVELOPMENT AND STUDENT - PARENT PROGRAMS Child development programs; student parent - programs; grants. 1) The Department of Education shall prepare oper

138 EDUCATION AND CULTURAI. FACILITIES ating guides for child development programs and for student - parent programs applicable to programs under ORS , , and that are consistent with reqquirements imposed by the State Board of Education. 2) The Department of Education shall review applications for approval of child de- velopment programs and student - parent pro- grams and may approve up to 20 child development and up to 20 student- parent programs after considering: a) The educational adequacy and type of programs. b) The number of students and children who are to be served by the program. c) The availability of trained personnel and facilities. d) The need for the programs in the applying district. 3) In approving applications for child development programs, the department shall require that the school district use the contributions described in ORS , and for child development curriculum and in the formulation and initiation of onsite child development centers. Each center must be able to accommodate not more than 30 full-time equivalent spaces for chil- dren, distributed according to needs of the community. 4) In approving applications for student - parent programs, the department shall require that the school district use the contributions described in ORS , and for appropriate education for student - parents leading to aduation and in the formulation and development of a propriate onsite child care centers. Eac, center must be able to accommodate not more than 30 full -time equivalent spaces for children, distributed according to the needs of the student - parents. 5) As used in this section: a) " Child development program" means an educational program that conforms to standards adopted by the State Board of Education and that consists of an education component and a day care component. b) " Student - parent program" means an educational program that conforms to stand- ards adopted by the State Board of Education and that consists of education for the student - parent and day care for the student - parent's child. [ 1991 c Definitions for ORS to As used in ORS to : 1) " Child development rogram" means an educational program funded by OAS to that conforms to standards adopted by the State Board of Education and that consists of an education component and a day care component. 2) " Teenage parent program" means an educational program funded by this Act that conforms to standards adopted by the State Board of Education and that consists of education for the student - parent and day care for the student - parent's child. [ 1991 c Sturdy of existing progam. The Department of Education shall study the child development program and the teenage parent program at Churchill High School in Eugene and other programs that provide services of a similar nature to determine how these programs could be replicated in other high schools. [ 1991 c Grant rocedures for ORS 3WA70 to ( 1) The Department of Education shall prepare operating guides for child development programs and for teenage parent programs applicable to programs under ORS to that are consistent with requirements imposed by the State Board of Education. 2) The Department of Education shall review applications for approval of child development programs and teenage parent programs and may approve those programs after considering: a) The educational adequacy and type of programs. b) The number of students and children who are to be served by the program. c) The availability of trained personnel and facilities. d) The need for the programs in the applying district. 3) In approving applications for child development programs, the department shall require that the school district use its grant for child development curriculum and in the formulation and initiation of onsite child development centers. Each center must be able to accommodate from 15 to 30 full-time equivalent spaces for children, distributed according to needs of the community. 4) In approving applications for teenage parent programs, the department shall require that the school district use the grant in connection with appropriate education for teenage parents leading to graduation and in the formulation and development of appropriate onsite child care centers. Each center must be able to accommodate from 15 to 30 hull-time equivalent spaces for children, distributed according to the needs of the teenage student - parents. 5) Results of the study required by ORS shall be used as a basis for school district planning. [ 1991 c

139 CONDUCT OF SCHOOLS; IMPROVEMENT PROGRAMS Grants under ORS to ( 1) An approved school district child development program shall be entitled to receive a grant not to exceed $ 50,000. 2) An approved school district teenage parent program shall be entitled to receive a grant not to exceed $ 25,000. 3) A district may receive grants under both subsections ( 1) and ( 2) of this section but no district is entitled to receive more than $ 75,000 for the grant period. ( 1991 c mended by 1963 c subsection ( 4) Of 1963 Replacement Part derived from $ ( 7); repealed by 1965 c

140 EDUCATION AND CULTURAL FACILITIES

141 Chapter EDITION Textbooks Note: Effective date of repeal of certain sections cm A11 State Textbook Co--* ssion; qualifications; term; vacancies Note: Commission abolished ca6 41 Note: Operation of certain sections suspended e-m Compensation and expenses of commis- sioners Annual circular to school book publishers 397A86 State board to establish jguldelines and criteria for review and selection of textbooks Sessions of textbook commission Review and selection of books and in- 337A66 337AW structional materials State board to ratify or reject textbook selections Submission of proposals by publishers Publisher fee Selection or rejection of proposals Report of textbook selections Contract with publisher, terms; security-, breach; remedies Circular of approved textbooks Selection of substitute or additional textbooks 397]20 School board selection, purchase and use of approved textbooks and instructional materials Textbook adoption by school boards School board duty to provide textbooks Textbooks on American history and gov- ernment CROSS REFERENCES District school board authority over courses of study,

142 EDUCATION AND CULTURAL FACILITIES

143 TEXTBOOKS A10 [ Repealed by 1965 c ( enacted in lieu of )] Note: Section 16, chapter 886, Oregon Laws 1991, provides in part: Sec. 16. Effective date of repeal of certain sections. The amendments to ORS , , , , , , , , , , and by sections 3 to 14 of this Act are repealed January 1, [ 1991 c State Textbook Commission; W terms; vacancies. ( 1) The State Board of Education shall appoint a State Textbook Commission consisting of seven persons of recognized scholarship and professional standing. 2) The membership shall consist of: a) Three classroom teachers, two of whom are public elementary or secondary school teachers, and one of whom teaches in a community college or university; b) Three public school administrators or supervisors; and c) One public member. 3) Commissioners shall be selected from various parts of the state, and must have been residents of the state for a period of three years immediately preceding appoint- ment. 4) The term of each commissioner is four years. No commissioner shall be eligible to serve more than two full terms consec- utively. The state board shall fill all vacan- cies on the commission. [ 1965 c ( enacted in lieu of r 1975 c provides: Note: Section 1, chapter 886, Oregon Laws 1991, Sea 1. Commission abolished. The State Textbook Commission is abolished. On the effective date of this Act [ September 29, 19911, the tenure of all members of the commission ends. [ 1991 c provides: Note: Section 15, chapter 886, Oregon Laws 1991, Sec. 15. Operation of certain sections suspended. The operation of ORS , , and is suspended until January 1, [ 1991 c Compensation and expenses of commissioners. Each member of the State Textbook Commission is entitled to compensation and expenses as provided in ORS [ Amended by 1953 x526 l; 1965 x ; 1969 x Note: See note under Annual circular to school book publishers. In each even - numbered year, the Superintendent of Public Instruction shall, under the direction of the State Board of Education, mail a copy of a circular to all the leading school textbook publishers in the United States. The circular shall contain: 1) The name and post -office address of each member of the State Textbook Commis- sion. 2) The time and place of meeting of the commission to review and select textbooks. 3) The general form of the proposal to be followed by publishers in submitting textbooks for review and selection. 4) The general form of contract to be entered into between the State Board of Education and a publisher whose textbooks may be selected. 5) The branches of study for which textbooks are to be selected. 6) The statutory provisions relating to the review and selection of textbooks. 7) Such additional information as may be considered useful. [ Amended by 1965 c ; 1975 x Note: The amendments to by section 3, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience The Superintendent of Public Instruction shall, under the direction of the State Board of Education, mail a copy of a circular to all the leading school textbook publishers in the United States. The circular shall contain: 1) The name and post-office address of the State Board of Education. 2) The time and place of meeting of the board to review and adopt textbooks. 3) The general form of the proposal to be followed by publishers in submitting textbooks for review and adoption. 4) The general form of contract to be entered into between the board and a publisher whose textbooks may be adopted. 5) The branches of study for which textbooks are to be adopted. 6) The statutory provisions relating to the review and adoption of textbooks. 7) Such additional information as may be consid- ered useful State board to establish guidelines and criteria for review and selection of textbooks. The State Board of Education by rule shall establish guidelines and criteria for the review and selection of textbooks to be used in the public elementary and secondary schools in this state. [ 1975 c Sessions of textbook commission. ( 1) The State Textbook Commission shall meet in a public meeting in the state capital on the third Monday of November of each even - numbered year for the purpose of reviewing and selecting textbooks and other instructional materials, and may hold such other meetings as are necessary for proper performance of its duties. 2) Four commissioners shall constitute a quorum. 3) The commissioners shall elect a chairman from among their number. 4) The Superintendent of Public Instruction shall designate a staff member of the

144 EDUCATION AND CULTURAL FACILITIES Department of Education to act as secretary. Amended by 1953 c.526 2; 1955 c.406 l; 1965 c ; 1975 c.764 6] Note: See note under Review and selection of books and instructional materials. ( 1) The State Textbook Commission shall review and select, for periods established by the State Board of Education, a multiple choice list of textbooks for each grade and subject field in the standard curriculum for which, in its judgment, textbooks are required. The State Board of Education shall consider the best educational interests of the students as well as the most economical method of purchasing textbooks in setting periods for textbook re- view and selection. The commission shall refrain from selecting any textbook in a subject field, whenever it finds that no text - boo can be documented as meeting, to the degree determined by the State Board of Ed- ucation, the guidelines and criteria established by the State Board of Education for textbooks. The commission may also review and select other instructional material which it considers appropriate for grade and subject fields. 2) Subsequent to any November biennial selection, the commissioners may approve the request of a publisher to substitute a more recent edition of any officially adopted textbook or item of instructional material in lieu of the edition or item selected by the commission. The commission shall meet to consider alternate selections for any text- book selection which is rejected by the State Board of Education. [ Amended by 1953 x121 3; 1953 c.526 3; 1955 c.406 2; 1965 c ; 1967 c.370 1; 1975 c.754 7; 1983 c Note: The amendments to by section 4, chapter 886, Oregon Laws 1991, are repealed January 1, 1996: See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user' s convenience (1) The State Board of Education shall review, and adopt, for periods established by the board, a multiple choice list of textbooks for each grade and subject field in the standard curriculum for which, in its judgment, textbooks are required. The State Board of Education shall consider the best educational interests of the students as well as the most economical method of purchasing textbooks in setting periods for textbook review and adoption. The board shall refrain from adopting any textbook in a subject field, whenever it finds that no textbook can be documented as meeting, to the degree determined by the board, the guidelines and criteria established by the board for textbooks. The board may also review and adopt other instructional material which it considers appropriate for grade and subject fields. 2) The board may approve the request of a publisher to substitute a more recent edition of any officially adopted textbook or item of instructional material in lieu of the edition or item adopted by the board State board to ratify or re ect textbook selections. After the State ' fext - book Commission submits its list of selected textbooks, the State Board of Education shall review the selection list and may ratify or reject any textbook selected. The state board shall reject any textbook that the state board finds does not meet, to the degree determined by the State Board of Education, the guidelines and criteria for review and selection established under ORS If a textbook is rejected, the state board shall notify the commission within five days of the meeting at which the board rejected the textbook c Note: See note under Submission of proposals by 1) The proposals of each pub- E( lisher shall be submitted to the State Textbook Commission in writing, not later than the third Monday of November of each even - numbered year, and shall be responsive to the requirements of ORS ( 3) and ( 4), and such other information relating to the terms and conditions under which the publisher proposes to furnish textbooks as the commission or the State Board of Education may require. 2) In addition to the material required under subsection ( 1) of this section, the proposal shall include documentation and analysis on each textbook showing how it conforms to the guidelines and criteria adopted by the State Board of Education for the review and selection of textbooks. Amended by 1965 c ; 1975 x Note: The amendments to by section 5, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience ( 1) The proposals of each publisher shall be submitted to the Department of Education in writin and shall be responsive to the requirements of ORS ( 3) and ( 4), and such other information relating to the terms and conditions under which the publisher proposes to furnish textbooks as the State Board of Education may require. 2) In addition to the material required under subsection ( 1) of this section, the proposal shall include documentation and analysis on each textbook showing how it conforms to the guidelines and criteria adopted by the State Board of Education for the review and adoption of textbooks. 337JM Publisher fee. ( 1) The State Textbook Commission shall collect from each publisher or other supplier who submits a proposal under ORS a fee equal to six tunes the retail price, or $ 36, whichever is the lesser, for each textbook title or item of instructional material proposed by the publisher or supplier for review and selection by the State Textbook Commission. Fees are payable prior to commission consideration of the proposal. 2) The moneys received under subsection 1) of this section shall be paid into the State Treasury and placed to the credit of the General Fund for general governmental purposes. [ 1967 c.370 2, 3; 1975 c.754 9]

145 TEXTBOOKS 337A90 Note: The amendments to by section 6, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience. 337AM ( 1) The Department of Education shall collect from each publisher or other supplier who submits a proposal under ORS a fee equal to the retail price, or $ 50, whichever is the greater, for each textbook title or item of instructional material proposed by the publisher or supplier for review and adoption by the board. Fees are payable prior to consideration of the proposal. 2) The moneys received under subsection ( 1) of this section shall be paid into the State Treasury and placed to the credit of the Department of Education. The moneys are continuously appropriated to meet expenses incurred under this chapter [ Repealed by 1965 c Selection or rejection of proposals. ( 1) The State Textbook Commission may select or reject any textbook contained in any proposal. If the terms and conditions for furnishing a textbook in all proposals relating to that textbook are considered by the commission to be unreasonable or the textbook is considered to be unsuitable pursuant to guidelines and criteria established by the State Board of Education, the commission may reject the textbook. 2) At the same or subsequent sessions, the commission may receive new proposals for a textbook previously rejected and select the textbook in the same manner as other textbooks are required to be selected. No proposal shall be considered unless the publisher has delivered without charge one copy of each textbook contained in the proposal to each commissioner at least 60 days before the meeting. [ 1965 c ; 1975 c Note: The amendments to by section 7, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user' s convenience ( 1) The State Board of Education may adopt or reject any textbook contained in any proposal. If the terms and conditions for furnishing a textbook in all proposals relating to that textbook are considered by the board to be unreasonable or the textbook is considered to be unsuitable pursuant to guidelines and criteria established by the board, the board may reject the textbook. 2) At the same or subsequent sessions, the board may receive new proposals for a textbook previously re acted and adopt the textbook in the same manner as o er textbooks are required to be adopted. No proposal shall be considered unless the publisher has delivered without charge two copies of each textbook contained in the proposal to the Department of Education at least 60 days before the meeting Report of textbook selections. The State Textbook Commission shall imme- diately report the textbooks which have been selected to the State Board of Education. The report shall contain such information as may be required by the state board. The report shall be signed by the chairman of the commission and attested by the secretary. Amended by 1965 x ; 1975 c ] Note: The amendments to by section 8, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience The State Board of Education shall immediately report to the public the textbooks which have been adopted. The report shall be signed by the chairman of the board Contract with jpublisher; 1) On terms; security; breach; remedies. ( receiving the report of the State Textbook Commission, and after taking the action regwired by ORS , the State Board of Education, as soon as practicable, shall enter into a written contract with each publisher the textbook of which has been selected by the commission when that selection has been ratified by the state board. The contract shall require the publisher to maintain at least one depository to be designated by the State Board of Education, where such textbooks may be purchased and to furnish such textbooks according to law and the condi- tions named in the proposal. 2) The State Board of Education shall take from each publisher entering into a contract a good and sufficient bond, or an irrevocable letter of credit issued by a commercial bank as defined in ORS , in such sum as stipulated damages as the board may determine, payable to the State of Oreggon for the benefit of the Common School F lnd, executed by the publisher as obligor together with a surety company authorized to do business in this state as surety and approved by the State Board of Education, for the full and faithful performance of the contract. 3) If any publisher fails to carry out the provisions of the contract on the part of the publisher, or, with intent to evade the provisions of the contract, sells any of the textbooks in this state at prices higher than specified in the contract of the publisher, the State Board of Education may, on behalf of the state, rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provisions of the publisher' s bond or letter of credit. [ Amended W1965 c ; 1975 c ; 1991 c Note: The amendments to by section 9, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, including amendments by section 57, chapter 331, Oregon Laws 1991, is set forth for the user' s convenience ( 1) The State Board of Education, as soon as practicable, shall enter into a written contract with each publisher the textbook of which has been adopted. The contract shall require the publisher to maintain at least one depository to be designated by the board, where such textbooks may be purchased and to furnish such textbooks according to law and the conditions named in the proposal. 2) The board shall take from each publisher entering into a contract a good and sufficient bond, or an irrevocable letter of credit issued by a commercial bank

146 EDUCATION AND CULTURAL. FACILITIES as defined in OILS , in such sum as stipulated damages as the board may determine, payable to the State of Oregon for the benefit of the Common School Fund, executed by the publisher as obligor together with a surety company authorized to do business in this state as surety and approved by the board, for the full and faithful performance of the contract. 3) If any publisher fails to carry out the provisions of the contract on the part of the publisher, or, with intent to evade the provisions of the contract, sells any of the textbooks in this state at prices higher than specified in the contract of the publisher, the board may, on behalf of the state, rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provisions of the publish - We bond or letter of credit Circular of approved textbooks. Prior to February 1 of every odd - numbered year, the Superintendent of Public Instruction shall, under the direction of the State Board of Education, issue a circular giving the full title of each book selected by the State Textbook Commission when the selection was ratified by the state board, with such other information as the state board may consider useful. [ Amended by 1965 x ; 1975 x Note: The amendments to by section 10, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience The Superintendent of Public Instruction shall, under the direction of the State Board of Education, issue a circular giving the full title of each book adopted by the board, with such other information as the board may consider useful Selection of substitute or additional textbooks. If at any time during the period for which a textbook is on the approved list, it becomes necessary for the State Textbook Commission to select any textbook instead of or in addition to those regularly selected, the chairman of the commission or the Superintendent of Public Instruction mayy call a special session of the commission. It may, upon convening, select such textbook in the same manner as other textbooks are required to be selected; except the Superintendent of Public Instruction need not in such case cause circulars described in ORS to be sent to publishers. [ Amended by 1965 c ; 1967 a99 1; 1975 x Note: The amendments to by section 11, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience If at any time during the period for which a textbook is on the approved list, it becomes necessary for the State Board of Education to adopt any textbook instead of or in addition to those regularly adopted, the chairman of the board may call a special session of the board. It may, upon convening, adopt such textbook in the same manner as other textbooks are required to be adopted; except the Superintendent of Public Instruction need not in such case cause circulars described in ORS to be sent to publishers School board selection, purchase and use of approved textbooks and instructional materials. ( 1) Except as otherwise provided by ORS , the district school board, with the assistance of teachers and administrators of the district, shall select textbooks and other instructional materials for each grade and subject field from the multiple choice approved list. The district school board may involve citizens in the process. 2) The board shall cause at least one -half of the books or materials, according to titles, so selected to be used in its schools at the beginning of the next school year following the selection and the remainder thereof at the beginning of the second school year following the selection, except when, pursuant to rules of the State Board of Education, au- thorized by the Superintendent of Public In- struction to postpone such use for a reasonable period of time. [ Amended by 1953 c.121 3; 1965 c ; 1967 c.100 1; 1975 c ; 1989 c Note: The amendments to by section 12, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience ( 1) Except as otherwise provided by ORS , the district school board, with the assistance of teachers and administrators of the district, shall adopt textbooks and other instructional materials for each grade and subject field for which instruction is provided by the district school board from the multiple choice approved list. The district school board may involve citizens in the process. 2) The district school board shall cause the books or materials, according to titles, so adopted to be used in its schools at the beginning of the next school year following the state adoption, except when, pursuant to rules of the State Board of Education, the district school board is authorized by the Superintendent of Public Instruction to postpone such use for a reasonable period of time [ Repealed by 1965 c [ Repealed by 1965 c ( enacted in lieu of )] Textbook adoption by school boards. ( 1) With the approval of the State Board of Education, the district school board of any school district having a population of fewer than 15, 000 average daily membership may adopt and use textbooks in place of or in addition to those adopted by the State Board of Education provided they meet the guidelines and criteria established by the State Board of Education. 2) The district school board of any school district having a population of 15,000 or more average daily membership may adopt and use textbooks in place of or in addition to those adopted by the State Board of Education provided they meet the guidelines and criteria established by the State Board of Education. Nothing in this section prohibits employees of a district described in this subsection from serving on the State Textbook Commission or otherwise participating in

147 TEXTBOOKS textbook selection. [ 1965 c ( enacted in lieu of ); 1975 x754 16; 1979 c Note: The amendments to by section 13, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as amended, is set forth for the user's convenience Upon prior notice to the State Board of Education, the district school board of any school district may adopt and use textbooks in place of or in addition to those adopted by the State Board of Education provided they meet the guidelines and criteria established by the State Board of Education School board duty to provide textbooks. Subject to ORS , each district school board shall provide textbooks, prescribed or authorized by law, for free use by all resident public school pupils enrolled in grades kindergarten through 12. [ Amended by 1T55 c.486 2; 1957 c.272 1, 1965 c ; 1965 x272 1; 1979 c.273 1; 1989 c [ Amended by 1965 c ; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by, [ Amended by 1955 c.486 0; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c Textbooks on American history and government. Every, board, commission, committee or officer' responsible for the selection of textbooks for use in the public schools shall select textbooks on American history and government which adequately stress the services rendered by those who achieved our national independence, who established ' our form of constitu- tional government and who preserved our federal union. Respect for all people, regardless of race, color, creed, national origin, age, sex, or handicap, and their contributions to our history and system of government shall be reflected in the textbooks adopted by the State Board of Education. [ Amended by 1965 c ; 1975 c ; 1985 c.388 2; 1985 c Note: The amendments to by section 14, chapter 886, Oregon Laws 1991, are repealed January 1, See section 16, chapter 886, Oregon Laws The text, as emended, is set forth for the user's convenience Every district school board, the State Board of Education and every committee or officer responsible for the adoption of textbooks for use in the public schools shall adopt textbooks on American history and government which adequately stress the services rendered by those who achieved our national independence, who established our form of constitutional government and who preserved our federal union. Respect for all people, regardless of race, color, creed, national origin, age, sex, or handicap, and their contributions to our history and system of government shall be reflected in the textbooks adopted by the State Board of Education [ Repealed by 1965 c [ 1957 c.642 1; 1963 c ; 1965 c ; repealed by 1989 c [ 1957 c.642 2; 1963 c ; 1965 c ; 1967 c.67 7; repealed by 1989 c [ 1957 c.642 3; 1963 c ; 1965 x ; repealed by 1989 c [ 1957 c.642 5, 6, 7; 1963 x544 45; 1963 c ; 1965 c ; repealed by 1989 c [ 1957 c ; 1963 c ; repealed by 1989 c ( 1957 c.642 8, 9 (AM, 1963 c ; 1963 c ; 1965 c ; repealed by 1989 c [ 1957 c ( 3); 1963 c ; repealed by 1965 c ( Repealed by 1965 c

148 EDUCATION AND CULTURAL FACILITIES

149 Chapter EDITION Note: , , , and repealed by 1965 c [ Amended by 1965 c ; renumbered Transportation of Pupils Utenumbered [ Amended by 1965 a ; 1965 c.123 2; renumbered

150 EDUCATION AND CULTURAL FACILITIES

151 Chapter EDITION School Attendance; Admission; Discipline; Alternative Education Program DEFINITION Definition for ORS and COMPULSORY SCHOOL ATTENDANCE School attendance required; age limits 339A20 Duty to send children to school Exemptions from compulsory school at- tendance Teaching by private teacher or parent; notice; examination; effect of failure; ap- peal 339A40 Attendance supervisors; appointment; compensation Duties of attendance supervisors Estimates of attendance; irregular attend- ance; excused absences Nonattendance notice to parents and school officials Determination of compliance with notice ADMISSION OF PUPILS; TUITION AND FEES Admission of pupils; waiver Admission of nonresident pupils; costs Admission of children living in area under exclusive jurisdiction of Federal Government; effect on distribution of funds; reimbursement Admission to adult education program or community college; fees Prohibitions of certain fees as condition of admission; allowable fees CERTAIN RESIDENTIAL PROGRAMS Note Definitions for ORS to Notice and consultation before establishing, expanding or changing residential Note program Admission of dependent children to school or other program where placed; tuition due from resident district; computation of tuition c EDUCATION AT YOUTH CARE CENTERS AND JUVENILE DETENTION CENTERS Responsibility for education at youth care centers Responsibility for education at juvenile detention facilities PUPIL CONDUCT AND DISCIPLINE Rules of pupil conduct and discipline; duties of state board and district school boards Duty of pupil to comply with rules; discipline; written information on alternative programs Injury to school property by pupil, withholding records until damage paid; waiver, rules; inspection Assessment of costs of school property damage against responsible pupil or par. ents; action to recover, limitation RELIGIOUS INSTRUCTION Child excused to receive religious instruction INTERSCHOLASTIC ACTIVITIES 339A50 Prohibited grounds for denying participation in interscholastic athletics 339A60 Home School students authorized to participate in interscholastic activities; conditions STUDENT ACCOUNTING SYSTEM Definitions for ORS to Student accounting system; goals Uniform reporting system; training and technical assistance in using system Information required on certain students who withdraw from school ALTERNATIVE EDUCATION PROGRAM Definition for ORS to :615 Goals; district responsibility; rules Enrollment in alternative programs; costs; private program not required to employ certificated personnel; when district not required to provide alternative program; validity of teaching certificate 339MS Rules governing education for pregnant and parenting students 339MB Notification of availability of program; 339M5 rulemaking District evaluation of program Effect of failure to propose alternative programs Penalties PENALTIES CROSS REFERENCES Private schools offering residential programs for children, inspection and review, School administrator as guardian of minor child upon appointment by parent, Juvenile court, jurisdiction over children not being provided with education, Residency determination, Tuition for special education programs prohibited,

152 EDUCATION AND CULTURAL FACILITIES Tuition or fees when not allowed or to be waived, Use of reasonable force on students, A Hearing to expel minor student, Parental liability for torte of child,

153 ATTENDANCE; ADMISSION; DISCIPLINE; ALTERNATIVES DEFINITION Definition for ORS and As used in ORS and , unless the context requires otherwise, " administrative office for the county" means the administrative office of the education service district, of the county school district or of a common school district which includes an entire county. [ 1965 c ; ; 1987 c ; 1991 c COMPULSORY SCHOOL ATTENDANCE School attendance required; age limits. Except as provided in ORS , all children between the ages of 7 and 18 years who have not completed the 12th grade are required to attend regularly a public full-time school of the school district in which the child resides. [ Amended by 1965 c Duty to send children to school. Except as provided in ORS , every person having control of any child between the ages of 7 and 18 years who has not completed the 12th grade is required to send such child to and maintain such child in regular attendance at a public full-time school during the entire school term. Amended by 1965 c ; 1969 x ON Exemptions from compulsory school attendance. In the following cases, children shall not be required to attend public full-time schools: 1) Children be' taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools. 2) Children proving to the satisfaction of the district school board that they have acquired equivalent knowledge to that acquired in the courses of study taught in grades 1 through 12 in the public schools. 3) Children being taught for a period equivalent to that required of children at- tending public schools by a parent or private teacher the courses of study usually taught in grades 1 through 12 in the public school. 4) Children excluded from attendance as provided by law. 5) The State Board of Education by rule shall establish procedures whereby, on a semiannual basis, an exemption from com- pulsory attendance may be granted to the parent or legal guardian of any child 16 or 17 years of age who is lawfully employed full time, lawfully employed part -time and en- rolled in school, or enrolled in a community college or other state - registered alternative education program. Such exemption also may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS to [ Amended by 1965 c ; 1967 c.67 8; 1971 e494 1; ; 1985 c.579 1; 1989 c Teaching by private teacher or parent; notice; examination; effect of failure; appeal. ( 1) As used in this section, unless the context requires otherwise, " superintendent" means the executive officer of the education service district or the county school district serving the school district of which the child is a resident. 2) Before a child is taught by a parent or private teacher, as provided in ORS , the parent or private teacher must notify the superintendent in writing. The su- perintendent shall acknowledge receipt of the notification in writing and inform the superintendent of the school district of the child' s residence. The notification must be received and acknowledged before a child is withdrawn from school and thereafter before the start of each school year. 3) Children being taught as provided in subsection ( 2) of this section shall be examined annually in the work covered in accordance with the following procedures: a) The State Board of Education shall adopt by rule a list of approved comprehen- sive examinations which are readily available. b) The parent shall select an examination from the approved list and arrange to have the examination administered to the child by a qualified neutral person, as defined by rule by the State Board of Education. c) The parent shall submit the results of the examination or the completed examination to the superintendent. If a completed examination is submitted, the superintendent shall have it scored and shall notify the par- ent of the results. d) If the superintendent determines after examining the results of the examination that the child is not showing satisfactory educational progress, as defined by rule by the State Board of Education, the superintendent may order the parent or other person having control of the child to send the child to school for the remainder of the school year e) The parent or other person having control of the child may appeal the order to the Superintendent of Public Instruction, whose decision in the matter may be appealed to the circuit court. [ L985 c.579 2; 1989 c Attendance supervisors; appointment; compensation. ( 1) The executive officer of the administrative office for

154 EDUCATION AND CULTURAL FACILITIES the county shall appoint one person to act as the attendance supervisor for school districts having a school census of less than 1, 000 children in the county. The attendance supervisor shall perform duties under the direction of the administrative office for the county. The attendance supervisor shall receive as compensation for services a sum fixed by the governing body of the county and allowed and paid in the same manner as the salaries of county officers are paid. 2) District school boards of districts having a school census of 1, 000 or more children, according to the latest school census, shall appoint attendance supervisors and fix and pay their compensation. 3) The administrative office for the county, upon written application from the district school board in any school district having a school census of more than 200 and less than 1, 000 children, according to the latest school census, shall grant such district permission to appoint attendance supervisors and fix their compensation and pay. 4) For purposes of the appointment and duties of attendance supervisors, the territory in a joint school district shall be considered part of the county in which the administrative office of the joint district is located. [ Amended by 1965 c [ Amended by 1965 c ; repealed by 1965 c Duties of attendance supervisors. The attendance supervisor when notified of a truancy or unexcused absence shall investigate the truancy or nonattendance at school. If the child is not exempt from compulsory school attendance, the attendance supervisor shall proceed as provided in ORS and [ Formerly A60 [ Repealed by 1965 c Estimates of attendance; ir- regular attendance; excused absences. ( 1) In estimating regular attendance for purposes of the compulsory attendance provisions of ORS to and to , and , the principal or teacher shall consider all unexcused ab- sences. Eight unexcused one -half day absences in any four -week period during which the school is in session shall be considered irregular attendance. 2) An absence may be excused by a principal or teacher if the absence is caused by the pupil' s sickness, b7 the sickness of some member of the pupil s family or by an emergency. A principal or teacher may also excuse absences for other reasons where satisfactory arrangements are made in advance of the absence. 3) Any pupil may be excused from attendance by the district school board for a period not to exceed five days in a term of three months or not to exceed 10 days in any term of at least six months. Any such excuse shall be in writing directed to the principal of the school which the pupil attends. [ 1965 c ; ; 1987 c A70 [ Repealed by 1963 c Nonattendance notice to parents and school officials. ( 1) Except as provided in ORS , in case any parent or other person in parental relation fails to send any child under the control of the par- ent or other person to the public school, the attendance supervisor, within 24 hours after notification from the proper authority of the failure, shall give formal written notice in person or by registered or certified mail to the parent or other person. The notice shall state that the child must appear at the public school on the next school day following the receipt of the notice. The notice shall inform the parent or other person that regular attendance at school must be maintained during the remainder of the school year. 2) At the same time notice is given to the parent or other person, the attendance supervisor shall notify the city superintendent or principal, as suitable, of the fact of the notice. The superintendent or principal shall notify the attendance supervisor of any failure on the part of the parent or other person to comply with the notice. [ Amended by 1965 c Determination of compliance with notice. The attendance supervisor shall determine whether the parent or other per- son given written notice of attendance re- quirements has complied with the notice. If the attendance supervisor determines that the parent or other person has failed to comply, the attendance supervisor, within three days after having knowledge of such failure or after being notified thereof, shall make a complaint alleging the parent or other person' s refusal or neglect to send the child to school. The complaint shall be made before a court having jurisdiction over mis- demeanors committed within the county in which the parent or other person resides. The nudge shall issue a warrant upon the complaint and shall proceed to hear and determine the matters alleged in the complaint in the same manner the judge hears and determines other cases under the jurisdiction of the judge. [ Amended by 1965 c [Amended by 1963 c ; 1965 x ; renumbered [ Repealed by 1965 c ADAUSSION OF PUPILS; TUITION AND FEES Admission of pupils; waiver. 1) Except as provided in ORS au-

155 ATTENDANCE; ADMISSION; DISCIPLINE; ALTERNATIVES thorizing tuition for courses not part of the regular school program, the district school board shall admit free of charge to the schools of the district all persons between the ages of 5 and 19 residing therein. The person whose 19th birthday occurs during the school year shall continue to be eligible for a free and appropriate public education for the remainder of the school year. However, a district school board may admit other nonresident persons, determine who is not a resident of the district and may fix rates of tuition for nonresidents. A district must admit an otherwise eligible person who has not yet attained 21 years of age if the person is: a) Receiving special education; or b) Shown to be in need of additional education in order to receive a Certificate of Initial or Advanced Mastery. 2) The person shall apply to the board of directors of the school district of residence for admission after the 19th birthday as pro- vided in subsection ( 1) of this section. A person aggrieved by a decision of the local board may appeal to the State Board of Edu- cation. The decision of the state board is final and not subject to appeal. 3) Notwithstanding ORS ( 1), a school district shall not exclude from admission a child located in the district solely because the child does not have a fixed place of residence or solely because the child is not under the supervision of a parent, guardian or person in a ship. parental relation- 4) A child entering the first grade during the fall term shall be considered to be six years of age if the sixth birthday of the child occurs on or before September 1. A child entering )undergarten during the fall term shall be considered to be five years of age if the fifth birthday of the child occurs on or before September 1. However, nothing in this section prevents a district school board from admitting free of charge a child whose needs for cognitive, social and physical development would best be met in the school program, as defined by policies of the district school board, to enter school even though the child has not attained the minimum age requirement but is a resident of the district c ; 1971 c.410 1; 1977 x463 1; 1983 c x283 2; 1989 c.132 1; 1989 c.215 1; 1991 x693 1) [ Amended by 1957 x198 5; repealed by 1965 c ) Admission of nonresident pupils; costs. ( 1) The district school board may contract with the district school board of any other district for the admission of pupils in schools of the other district. The contract shall be in writing upon forms furnished by the Department of Education. Expense in- curred shall be paid out of the school funds of the district sending such pupils. If the district sending the pupils fails to pay the expense so incurred according to the terms of the contract, the administrative office for the county containing such school district, after satisfactory proof of such failure, shall deduct the amount of the unpaid expense from the amount due the school district at the next regular apportionment. The treasurer shall pay the amount of the reduced apportionment out of the county school fund. 2) In case the school district sending the pupils is a joint district, jurisdiction shall be exercised by the administrative office for the county in which the most populous part of such district is situated, according to the latest school census. The office' s action in the matter is final. [ 1965 c [ Amended by 1957 c.198 6; repealed by 1965 c Admission of children living in area under exclusive jurisdiction of Federal Government; effect on distribution of funds; reimbursement. ( 1) As used in this section, " exclusive jurisdiction" means exclusive legislative jurisdiction as described in Article I, section 8 of the Constitution of the United States. 2) Children of school age who are living in any area within which the United States Government has exclusive jurisdiction shall be admitted free of charge at adjacent public schools. They may be placed on the school census of the school district in which they attend school. Credit for days' attendance of such children shall accrue to the school at- tended for the purpose of distributing state school funds. 3) No more than the difference between the actual per pupil cost of tuition and reasonable costs of transportation per pupil where transportation is furnished by the school district, and the average receipts of the school district per pupil from county, state and federal sources other than the local district tax shall be paid by the state from funds specifically appropriated for the program under this section. 4) If the amount appropriated for a fiscal year for the program under this section is insufficient to provide full apportionments as provided in subsection ( 3) of this section, the amount available shall be distributed on a pro rata basis to the claiming districts. [ 1965 c ; 1967 x [ Repealed by 1965 c Admission to adult education program or community college; fees. Persons 16 years of age or older and persons who have graduated from high school may enroll in the adult education program of a

156 EDUCATION AND CULTURAL FACILITIES school district, or community college district, subject to the terms and conditions the district school board may establish. [ 1965 c ; 1967 c.67 9; 1971 c [ Amended by 1957 c.256 l; repealed by 1965 c Prohibitions of certain fees as condition of admission; allowable fees. ( 1) No district school board shall require payment of fees as a condition of admission to those pupils entitled under the law to free admission. However, the following are not considered as conditions of admission: a) Pursuant to ORS , but subject to ORS , tuition may be charged for courses not part of the regular school pro- gram. b) No charge shall be made for a standard, prescribed textbook but a security deposit may be required which may be refunded if the textbook is returned in usable condition. Supplemental texts shall be made available on loan. c) A deposit may be charged for a lock for a locker. 2) A district school board may require pupils who do not furnish their own attire for physical education classes to pay an appropriate fee for uniforms provided by the district. 3) A district school board may require pupils who do not provide appropriate towels for physical education classes to pay a fee for use of towels provided by the district. 4) A district school board may require payment of fees for the use of musical instruments owned or rented by the district, the fee not to exceed the rental cost to the district or the annual depreciation plus actual maintenance cost for each instrument; except that children exempt from tuition under ORS shall be loaned musical instruments by the school district without charge. 5) Subject to ORS , a district school board may require payments of fees in any of the following: a) In any program where the resultant product, in excess of minimum course requirements and at the pupil's option, becomes the personal property of the pupil. b) Admission fees or charges for extra- curricular activities where pupil attendance is optional. c) A security deposit conditioned on the return of materials, supplies or equipment including athletic equipment. d) Items of personal use or products which a pupil may purchase such as student publications, class rings, annuals and gradu- ation announcements. e) Field trips considered optional to a district' s regular school program. f) Any authorized voluntary pupil health and accident benefit plan. g) As used in this subsection, " minimum course requirements" means any product re- Tared to be produced to meet the goals of the course. [ 1975 c.508 1; 1977 c.99 1; 1977 c [ Repealed by 1965 c CERTAIN RESIDENTIAL PROGRAMS [ 1971 c.402 1; 1973 c.327 1; 1981 c.404 1; 1987 c.533 l; 1989 c.620 l; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text 1989 Edition) is set forth for the use' s convenience Definitions for ORS to As used in ORS to , unless the context re- quires otherwise: 1) " Attending district" means the school district in which the dependent child has been placed. 2)( a) " Dependent child" means a person between five and 21 years of age who: A) Through placement by a state agency or byy a private, licensed child- caring agency, lives in a residential program authorized to provide care to five or more persons; B) Through placement by the Children' s Services Division or a private, licensed child- caring agency, lives in a residential program authorized to provide care to one or more persons if the person is placed as the result of being found within the jurisdiction of the juvenile court under ORS ( 1Xa) or (f); or C) Through placement by the Mental Health and Developmental Disability Services Division, lives in a residential program authorized to provide care to one or more persons, if the person requires special education services and the educational costs exceed two times the statewide average current expenditure per student. b) " Dependent child" does not include: A) A person living in a family foster home under ORS to which provides care to fewer than five persons; tarded; B) A state training center for the mentally re- C) A juvenile detention facility; or D) A state- funded program under ORS , or ) " Guardian" means a natural person appointed as a guardian of a minor or incapacitated person under ORS to " Guardian" does not include the Children' s Services Division or a public entity. 4) " Placement" means physically locating or approval for funding for care in a residential program by a state agency or by a private, licensed child- caring agency. " Placement" includes preadmission screening and approval by the Mental Health and Developmental Disability Services Division under ORS ) " Resident district" means the school district in which the parents or legal guardian, if any, of the dependent child resided at the time of placement. If the dependent child has no parents or legal guardian, or none can be located, the resident district shall be the attending district. 6) " Residential program" means a home, facility or treatment program authorized to provide residential care

157 ATTENDANCE; ADMISSION; DISCIPLINE; ALTERNATIVES [ Repealed by 1965 c Notice and consultation before establishing, expanding or changing residential program. ( 1) Prior to establishing or expanding a residential program authorized to provide care to five or more children or charging the type of educational services provided or the category of children being served by the residential program in any school district, the authorities of the agency establishing or altering such a program shall notify in writing and confer with the superintendent or the district school board of any substantially affected district to determine the impact of the additional children and services upon the facilities and program of the district. 2) The notification required by subsection ( 1) of this section must occur at least three months prior to the establishment or expansion of the residential program or prior to the time when the type of educational services or category of children changes. The three -month period, or any part of it, may be waived by agreement of the agency and the affected school district. 3) This section does not apply to temporary changes in, or expansion of, residential programs of less than 30 days' duration that result from meeting emergency needs of children. [ 1971 c.402 2; 1979 c.836 7; 1985 c.264 l; 1989 c.620 2; 1991 c Note: The amendments to by section 35, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text ( 1989 Edition) is set forth for the user's con- venience ( 1) Prior to establishing or expanding a residential program authorized to provide care to five or more dependent children or changing the type of educational services provided or the category of dependent children being served by the residential program in any school district, the authorities of the agency establishing or altering such a program shall notify in writing and confer with the superintendent or the district school board of any substantially affected district to determine the impact of the additional children and services upon the facilities and program of the district. 2) The notification required by subsection ( 1) of this section must occur at least three months prior to the establishment or expansion of the residential program or prior to the time when the type of educational services or category of children changes. The three - month period, or any part of it, may be waived by agreement of the agency and the affected school district. 3) This section does not apply to temporary changes in, or expansion of, residential programs of less than 30 days' duration that result from meeting emer- gency needs of children [ Repealed by 1965 c [ 1971 c.402 3; 1973 c.327 2; 1979 x836 1; 1983 c.731 8; 1985 c523 1; 1987 c.318 1; 1987 c.533 2; 1989 c.620 3; 1991 c ; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text, as amended by section 10, chapter 795, Oregon Laws 1991, is set forth for the user's convenience Admission of dependent children to school or other program where placed, tuition due from resident district; computation of tuition. ( 1) A dependent child must be admitted to the public schools of the attending district. 2) Except as provided in ORS to , the attending district shall provide or cause to be provided appropriate education to dependent children, including the identification and evaluation of such children for purposes of determining their eligibility as handicapped children to receive special education services enumerated in ORS ( 4) and ( 2). The education may be provided by the attending district or by contract with an adjacent school district, an education service district, a private education agency, a community college, higher education programs or, if the program meets the criteria established under ORS , any other appropriate program. The instruction may be given in the facilities of such districts or in facilities provided by the education agency or the residential program in which the child resides. Suspension or expulsion of a dependent child from a regular school program does not relieve the district of the obligation to provide instruction in the residential program in which the child resides or in another appropriate facility. 3) The attending district shall notify the Department of Education as to the number of days of attendance by each child of a resident district by July 15 following the school year. The notification shall be accompanied by a signed affidavit from the agency placing the child or children, stating the period of time the child has lived in the district providing the educational service. 4) The department shall compute the costs and shall submit a bill for net tuition payment to the resident district. The resident district shall remit payment directly to the attending district upon receipt of the tuition billing. 5) The attending district shall supply the names of dependent children to the department by March 1 of the year for which billing is to be made. The department shall supply the names of the dependent children to the superintendent of the resident district which is billed for tuition for the dependent children. To maintain confidentiality of the records, the department shall supply the names of the dependent children separate from the billing therefor. 6) The resident district may appeal its classification as " resident district" to the Superintendent of Public Instruction. The superintendent shall determine the residency of the dependent children in question and the decision is final and not subject to appeal. 7) The Superintendent of Public Instruction shall determine the amount of tuition based upon the average current expenditure per resident average daily membership statewide. For handicapped students determined eligible for special education under State Board of Education rules, the superintendent shall add to the tuition payment one additional tuition payment for each student receiving special education when the student's educational costs exceed two times the statewide average current expenditure per student. The figure so determined shall be divided by the number of days taught in the attending district submitting the tuition notification. This figure multiplied by the total days' attendance of the individual child in the attending district shall represent the tuition charge to the resident district. The department shall adjust the amounts due each district so as to cause districts to remit only the net amounts due as between districts [ Repealed by 1965 c

158 EDUCATION AND CULTURAL FACILITIES EDUCATION AT YOUTH CARE CENTERS AND JUVENILE DETENTION CENTERS Responsibility for education at youth care centers. ( 1) Every child at a youth care center, as defined in ORS , which is operated by a private agency, is entitled to receive appropriate education suited to the needs of the child in the least restrictive environment in which the child can function until the child is no longer of compulsory school age or receives a high school diploma or an equivalent. 2) The district shall develop an educational plan for the children in the youth care center in consultation with the director of the center. The plan shall be submitted to the Department of Education annually. In the second and subsequent years, the district also shall report on the operation of the previous year' s plan in such detail as the State Board of Education shall specify by rule. 3) Payments from the Department of Education from funds appropriated specifically for this section shall be distributed on a per capita basis according to the number of children for whom the Children' s Services Division contracts for care and rehabilitation under ORS to ) In order to be eligible for any funds under subsection ( 3) of this section, an at- tending district must provide education leading to a diploma or equivalent. 5) The Superintendent of Public Instruction shall have the authority to enforce the provisions of ORS to If a district fails to comply, the superintendent shall find the district deficient and shall apply the penalty provided in ORS ) The State Board of Education shall adopt rules to implement this section. 7) Nothing in this section limits or oth- erwise applies to educational rights of chil- dren in youth care centers operated by public agencies. [ 1987 x817 2; 1991 c Note: The amendments to by section 36, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text ( 1989 Edition) is set forth for the user' s con- venience ( 1) Every child at a youth care center, as defined in ORS , which is operated by a private agency, is entitled to receive appropriate education suited to the needs of the child in the least restrictive environment in which the child can function until the child is no longer of compulsory school age or receives a high school diploma or an equivalent. The child is a dependent child within the meaning of ORS ) The attending district shall provide the education in the manner described in ORS ( 2) and shall develop an educational plan for the children in the youth care center in consultation with the director of the center. The plan shall be submitted to the Depart- went of Education annually. In the second and subsegent years, the attending district also shall report on the operation of the previous year' s plan in such detail as the State Board of Education shall specify by rule. 3) If the child described in subsection ( 1) of this section is at a youth care center located in the school district of which the child is a resident, the school district is responsible for the education of the child. 4) Payments from the Department of Education from funds appropriated specifically for this section shall be distributed on a per capita basis according to the number of children for whom the Children' s Services Division contracts for care and rehabilitation under ORS to but shall exclude those for whom a handicapped billing is made under ORS ) In order to be eligible for any funds under subsection ( 4) of this section, an attending district must provide education leading to a diploma or equivalent. 6) The Superintendent of Public Instruction shall have the authority to enforce the provisions of ORS to If an attending district fails to comply, the superintendent shall find the district deficient and shall apply the penalty provided in ORS ) By January 1, 1988, the State Board of Education shall adopt rules to implement this section. 8) Nothing in this section limits or otherwise applies to educational rights of children in youth care centers operated by public agencies [ Repealed by 1965 c Responsibility for education at juvenile detention facilities. ( 1) A school district shall provide or cause to be provided appropriate education for children placed in a detention facility located in the school district. The education may be provided by the school district or an education service dis- trict. 2) The school district or education service district shall notify the resident district of each child placed in the detention facility and may bill the resident district for the costs of the child' s education. The billing may be made annually. The billing shall be accompanied by a signed affidavit from the school district or education service district, stating the period of time the child was in the detention facility. The resident district shall pay the actual cost of the child's education. The district may claim State School Fund reimbursement under ORS to for each child who is in a detention facility for more than 10 days in the school year. 3) As used in this section: a) " Detention facility" has the meaning given it in ORS ( 4). b) " Resident district" means the school district in which the parents or legal guardian, if any, of the child resided at the time of placement. If the child has no parents or legal guardian, or none can be located, the resident district shall be the school district in which the child is physically located. [ 1991 c

159 ATTENDANCE; ADNIISSION; DISCIPLINE; ALTERNATIVES Note: Legislative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38, chapter 780, Oregon Laws PUPIL CONDUCT AND DISCIPLINE Rules of pupil conduct and discipline; duties of state board and district school boards. ( 1) The State Board of Education in accordance with ORS to shall prepare and promulgate to all school districts minimum standards for pupil conduct and discipline and for rights and procedures pertaining thereto that are consistent with orderly operation of the educational processes and with fair hearing re- quirements. 2) Every district school board shall adopt and attempt to give the widest possible distribution of copies of reasonable written rules regarding pupil conduct, discipline and rights and procedures pertaining thereto. Such rules must comply with minimum standards promulgated by the State Board of Education under subsection ( 1) of this sec- tion. [ 1971 c.561 2, Duty of pupil to comply with rules; discipline; written information on alternative program required. ( 1) Public school pupils shall comply with rules for the government of such schools, pursue the prescribed course of study, use the prescribed textbooks and submit to the teachers' authority. 2) Pursuant to the written policies of a district school board, an individual who is a teacher, administrator, school employee or school volunteer may use reasonable physical force upon a student when and to the extent the individual reasonably believes it necessary to maintain order in the school or classroom or at a school activity or event, whether or not it is held on school property. The district school board shall adopt written policies to implement this subsection and shall inform such individuals of the existence and content of these policies. 3) The district school board may authorize the discipline, suspension or expulsion of any refractory pupil. 4) Willful disobedience, open defiance of a teacher' s authority or the use of profane or obscene language is sufficient cause for discipline, suspension or expulsion from school. 5) Expulsion of a pupil shall not extend beyond the current term or semester unless the semester ends within such a short period of time that the expulsion would be too short to be effective. However, the expulsion shall not extend beyond the second term or se- mester. 6) A school district board shall consider and propose to the pupil prior to expulsion or leaving school, and document to the parent, legal guardian or person in parental relationship, alternative programs of instruction or instruction combined with counseling for the pupil that are appropriate and accessible to the pupil in the following circumstances: a) When a pupil is expelled pursuant to subsection ( 4) of this section; b) Following a second or subsequent occurrence within any three -year period of a severe disciplinary problem with a pupil; c) When it has been determined that a pupil' s attendance pattern is so erratic that the pupil is not benefiting from the educa- tional program; or d) When a parent or legal guardian applies for a pupil' s exemption from compulsory attendance on a semiannual basis as provided in ORS ( 5). 7) Information on alternative programs provided under subsection ( 6) of this section shall be in writing. The information need not be given to the pupil and the parent, guardian or person in parental relationship more often than once every six months unless the information has changed because of the availability of new programs. 8)(a) The authority to discipline a pupil does not authorize the infliction of corporal punishment. Every resolution, bylaw, rule, ordinance or other act of a district school board or of the Department of Education that permits or authorizes the infliction of corporal punishment upon a pupil is void and unenforceable. b) As used in this subsection, " corporal punishment" means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. c) As used in this subsection, " corporal punishment" does not mean: A) The use of physical force authorized by ORS for the reasons specified therein; or B) Physical pain or discomfort resulting from or caused by participation in athletic competition or other such recreational activ- ity, voluntarily engaged in by a pupil. [ 1965 c , 1971 c.661 1; 1976 c.665 1; 1979 c.739 1a; 1979 c.836 2; 1981 c.246 2; 1989 c.619 2; 1989 c [ 1979 c.739 2; 1981 c.246 3; 1987 c.675 3; 1989 x619 3; renumbered in [ 1979 c.836 3; 1981 c.246 4; renumbered in Igiury to school property by pupil; withlojlding records until damage

160 EDUCATION AND CULTURAL FACILITIES paid; waiver; rules; inspection. ( 1) No pupil shall wilfully damage or injure any school property or threaten or wilfully injure any fellow pupil or faculty member. 2) A pupil who violates subsection ( 1) of this section may be disciplined, suspended or expelled. 3) Any school district which is owed a fee or the property of which has been lost or wilfully damaged or injured may withhold the grade reports, diploma or records of the pupil who owes the fee or is responsible for the loss or damage until the pupil or the parent or guardian of the pupil has paid the amount owed. 4) When the pupil or the parent or guardian of the pupil is unable to pay the amount owed under subsection ( 3) of this section, the school district may waive the amount owed. 5) The parent or guardian of such pupil shall be liable for damages as otherwise provided by law. 6) Notwithstanding subsections ( 3) and 4) of this section, a school district shall not withhold the records of a pupil in the circumstances described in ORS ( 3) or when such records are requested by another school district for use in the appropriate placement of the pupil. 7) Before any grade reports, diplomas or records are withheld under subsections ( 3) or 4) of this section, a school district board of directors shall adopt rules of procedure which insure that the nghts of the pupil to due process are protected. 8) Nothing in subsection ( 3) of this section is intended to prevent inspection of student records by a parent or legal guardian pursuant to ORS ( 2) or [ , 1971 c.561 4; 1985 c Assessment of costs of school property damage against responsible. pupil or parents; action to recover; limitation. ( 1) The amount of damage ' to any school property shall be determined by procedures established by the district school board and they may be assessed against the pupil wilfully causing the injury or damage and against the parent or parents having - legal custody of the pupil. 2) If the assessed damages are not paid as demanded, the district school board, in addition to any other remedy provided by law, may bring an action under this section against the pupil and the parent or parents having legal custody of the pupil in a court of competent jurisdiction for the amount of the assessed damages not to exceed $ 5, 000 plus Costs. [ 1971 x561 5; 1975 c712 2; 1977 c [ 1965 c ; repealed by [ 1965 x ; repealed by 1973 c [ 1965 c ; repealed by [ 1965 c ; repealed by 1973 c ( 1965 c ; repealed by [ 1965 c ; repealed by [ 1965 c.i00 297; repealed by 1979 x RELIGIOUS INSTRUCTION MA20 Child excused to receive religious instruction. Upon application of the parent or guardian of the child, or, if the child has attained the age, of majority, upon application of the child, a child attending the public school may be excused from school for Fnot exceeding two hours in any week for elementary pupils and five hours in any week for secondary pupils to attend weekday schools giving instruction in religion. ( 1965 c ; 1973 c ; 1977 c INTERSCHOLASTIC ACTIVITIES Prohibited grounds for denying in interscholastic athletics. KNo school, school district or association, whether public or private, shall deny any grade or high school student the right to participate in interscholastic ' athletics solely on the ground that the student transferred between schools or participated in athletics at another school. [ 19s3 c Home school students authorized to participate in interscholastic activities; conditions. ( 1) Home school students shall not be denied by a school district the opportunity ' to participate in - all interscholastic activities if the student fulfills the following conditions: a) The student must be in compliance with all rules governing home schooling and shall provide the school administration with acceptable documentation. of compliance. b) The student must meet all school. district eligibility requirements with the exception of: A) The school district' s school or class attendance requirements;. and B) The class requirements of the voluntary association administering interscholastic activities. c) The student must achieve a minimum score on the achievement, test required annually of all home schooling students which shall be taken at the end of each year, and which shall be used to determine eligibility for the following year. The minimum, com- posite test score, to be determined by the State Board of Education, shall not be higher than the 50th percentile' as based on national norms. d) Any public school student who chooses to be home schooled must also meet

161 ATTENDANCE; ADMISSION; DISCIPLINE; ALTERNATIVES the minimum test standards as described in paragraph ( c) of this subsection. The student may participate while awaiting test results. e) Any public school student who has been unable to maintain academic eligibility shall be ineligible to participate in interscholastic activities as a home school student for the duration of the school year in which the student becomes academically ineligible and for the following year. The student must take the required tests at the end of the second year and meet the standards described in paragraph ( c) of this subsection to become eligible for the third year. f) The home school student shall be required to fulfill the same responsibilities and standards of behavior and performance, in- cluding related class or practice requirements, of other students participating in the interscholastic activity of the team or squad and shall be required to meet the same standards for acceptance on the team or squad. The home school student must also comply with all public school requirements during the time of participation. g) A home school student participating in interscholastic activities must reside within the attendance boundaries of the school for which the student participates. 2) As used in this section: a) " Board" means the State Board of Education. b) " Home school students" are those children taught by private teachers or par- ents as described in ORS c) " Interscholastic activities" includes but is not limited to athletics, music, speech, and other related activities. [ 1991 c.914 1, 21 STUDENT ACCOUNTING SYSTEM D Awtions for ORS to ( 1) For purposes of the student accounting system required by ORS , the following definitions shall be used: a) " Graduate" means an individual who has not reached 21 years of age or whose 21st birthday occurs during the current school year; has met all state requirements and local requirements for attendance, competence and units of credit for high school; and has received one of the following: A) A high school diploma issued by a school district. B) An adult high school diploma issued by an authorized community college. C) A modified high school diploma based on the successful completion of an individual education plan. who: b) " School dropout" means an individual A) Has enrolled for the current school year, or was enrolled in the previous school year and did not attend during the current school year; B) Is not a high school graduate; and C) Has withdrawn from school. c) " School dropout" does not include a student described by at least one of the following: A) Student has transferred to another educational system or institution that leads to graduation and the school district has re- ceived a written request for the transfer of the student's records or transcripts. B) Student is deceased. C) Student is participating. home instruction paid for by the district. D) Student is being taught by a private teacher or parent pursuant to ORS ). E) Student is participating 1n a Department of Education approved pu %lic or private education program, including an alternative education program, a Department of Human Resources facility or a hospital education program. F) Student is temporarily residing in a juvenile detention facility or a Children's Services Division certified shelter care pro- gram- G) Student is enrolled in a foreign ex- change program. H) Student is temporarily absent from school because of suspension, a family emergency, or severe health or medical problems which prohibit the student from attending school. 2) The State Board of Education shall prescribe by rule when an unexplained absence becomes withdrawal, when a student is considered enrolled in school, acceptable alternative programs under ORS to and the standards for excused ab- sences for purposes of ORS for family emergencies and health and medical prob- lems. [ 1991 aw Student accounting system; goals. Pursuant to rules of the State Board of Education, the Department of Education shall establish and maintain a student ac- counting system that has as its minimum goals: 1) Providing a timely accounting of students who withdraw from school before graduating or completing the normal course of study; 2) Providing reasons why students withdraw from school;

162 EDUCATION AND CULTURAL FACILITIES 3) Identifying patterns in the information and assessment of factors that may assist the department and the school district to develop programs addressing the problems of dropouts; and 4) Providing school districts with management tools for assessing which students are dropouts and why they drop out. [ 1991 c Uniform reporting system; training and technical assistance in using system. ( 1) In order to meet the goals described in ORS , the Department of Education shall develop a system of uniform reporting and shall assist school districts in establishing such systems, with appropriate allowances being made for the size of districts and their existing reporting systems. 2) The department shall provide training and technical assistance to school district personnel so that, statewide, the student ac- counting system produces uniform and accurate reports. [ 1991 csw Information required on certain students who withdraw from school. The minimum information to be reported on students who withdraw from school and do not transfer to another educational system prior to becoming graduates shall be: 1) Age, sex and racial- ethnic designation of the student; 2) Date of withdrawal; 3) Reason for withdrawal, including but not limited to expulsion, work or death; 4) Number of credits earned toward meeting graduation requirements, if applicable, or grade level, of the reporting district; 5) Length of time the student was enrolled in the reporting district; 6) Information relating to the disposition of the student after withdrawing, including but not limited to GED participation, alternative certificate of participation, transfer to mental health or juvenile facility or partic- ipation in a substance abuse program or other dispositions listed in ORS ( 1Xb) and ( c); and 7) Information on why the student withdrew as such information relates to academics, conduct standards, interpersonal relationships, relation with school personnel, personal characteristics such as illness, lack of motivation, home and family characteristics, alternative education participation and employment information. [ 1991 c ALTERNATIVE EDUCATION PROGRAM Definition for ORS to As used in ORS to , alternative education program" means a school or separate class group designed to assist students to achieve the goals of the curriculum in a manner consistent with their learning styles and needs. [ 1987 c Goals; district responsibility; rules. ( 1) In implementing alternative education programs, district school boards shall maintain learning situations that are flexible with regard to environment, time, structure and pedagogy. 2) Students participating in alternative education programs are considered to be the responsibility of the resident district for purposes of ORS ) The State Board of Education by rule shall define the accountable activities and allowable credit for these activities in alter- native education programs. [ 1987 x Enrollment in alternative pro- gram; costs; private program not re- quired to employ certificated personnel; when district not required to provide alternative program; validity of teaching certificate. (1) Pursuant to the proposal required in ORS ( 6)(a) to (c), the parent or guardian with the approval of the attend- ing district may enroll the pupil in one of the proposed appropriate and accessible public alternative programs or the private alterna- tive programs of instruction or instruction combined with counseling registered with the Department of Education. If the child is determined to be eligible for special education under ORS to and to , the program must be approved by the Department of Education prior to the placement of the pupil in the ] program. The pupil enrolled pursuant to this subsection shall be considered enrolled in the schools of the district for purposes of the distribution of the State School Fund. 2) The alternate program in which the pupil enrolls shall notify the school district in which the pupil or the pupil' s parents or legal guardian, if any, resided at the time the pupil enrolled of the child' s enrollment and may bill the school district for tuition. The billing may be made annually or at the end of each term or semester of the alternate program. For each full-time equivalent pupil enrolled in the alternative education program, as defined in ORS , the school district shall pay the actual cost of the program or an amount at least equivalent to 80 percent of the district' s estimated current year' s average per pupil net operating expenditure, whichever is lesser, in accordance with rules adopted by the State Board of Education. The alternate program shall be accountable for the expenditures of all State School Fund and other local school support

163 ATTENDANCE; ADMISSION; DISCIPLINE; ALTERNATIVES moneys, providing the school district with an annual statement of such expenditures. 3) A private alternative program that is registered with the Department of Education is not required to employ only licensed teachers or administrators. Teachers and administrators in such private programs shall not be considered employees of any district for purposes of ORS ) A school district is not required to provide a public alternative program if there are public or private alternative programs that are appropriate and accessible to the pupil to which a pupil can be referred. 5) Any Oregon teaching license is valid for teaching all subjects and grade levels in an alternative education program operated by a school district or education service district. [ Formerly ; 1991 c Note: The amendments to by section 21, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws ( 1989 Edition) is set forth for the user's convenience. 339MO ( 1) Pursuant to the proposal required in ORS ( 6)(a) to ( c), the parent or guardian with the approval of the attending district may enroll the pupil in one of the proposed appropriate and accessible public alternative programs or the private alternative programs of instruction or instruction combined with counseling registered with the Department of Education. If the child is determined to be eligible for special education under ORS to and to , the program must be approved by the Department of Education prior to the placement of the pupil in the program. The pupil enrolled pursuant to this subsection shall be considered enrolled in the schools of the district for pukposes of the distribution of the Basic School Support Fund. 2) The alternate program in which the pupil enrolls shall notify the school district in which the pupil or the pupil' s parents or legal guardian, if any, resided at the time the pupil enrolled of the child's enrollment and may bill the school district for tuition. The billing may be made annually or at the end of each term or semester of the alternate program. For each full-time equivalent pupil enrolled in the alternative education program, as defined in ORS , the school district hall pay, the actual cost of the program or an amount at least equivalent to 80 percent of the district's esti- mated current ear' s average per pupil net operating expenditure, whichever is lesser, m accordance with rules adopted by the State Board of Education. The alternate program will be accountable for the expenditures of all basic school and other local school support funds, providing the school district with an annual statement of Such expenditures. 3) A pprivate alternative program that is registered with the Department of Education is not required to employ only licensed teachers or administrators. Teach- ers and administrators in such private programs shall not be considered employees of any district for purposes of ORS ) A school district is not required to provide a public alternative program if there are public or private alternative programs that are appropriate and accessible to the pupil to which a pupil can be referred. 5) Any Oregon teaching license is valid for teaching all subjects and grade levels in an alternative education program operated by a school district or education service district Rules governing education for pregnant and parenting students. ( 1) The State Board of Education shall establish by rule procedures for considering and obtaining special services for pregnant and parenting students. Such rules shall include, but not be limited to, the obligation of the school district to: a) Inform pregnant and parenting students and their parents of the availability of such services in the school district, education service district or in the community; b) Facilitate the provision of such services, including counseling, life skills and parenting education, child care, transportation, career development and health and nutrition services to pregnant and parenting students; c) Inform pregnant and parenting students and their parents of the availably of resources provided by other agencies, inckuding health and social services; d) Provide educational programs and schedules that address the individual learn- ing styles and needs of pregnant and parenting students; and e) Develop individualized educational programs or services, or both, to address the needs of pregnant or parenting students when their educational needs cannot be met by the regularly provided school program. 2) Each school district shall adopt policies and guidelines for implementation of the section in a manner consistent with the rules of the state board adopted under subsection 1) of this section. 3) No pregnant or parenting student shall be excluded from the public schools solely on the basis of pregnancy or parenthood. 4) For purposes of reporting enrollments, school districts may count eligible students who are receiving individualized programs or services, or both, as described in paragraph e) of subsection ( 1) of this section, in the same category as students eligible for special education as children with disabilities under ORS [ Formerly Notification of availability of program; rulemaldng. The State Board of Education shall adopt rules regarding district notification to parents and students of the availability of alternative programs, the law regarding alternative programs and the procedures for requesting district school boards to establish alternative programs. [ 1987 c.675 4l District evaluation of program. Each district operating, participating in or contracting for, an alternative educa-

164 EDUCATION AND CULTURAL FACILITIES tion program shall evaluate each program annually. [ 1987 c Effect of failure to propose alternative programs. (1) The Superintendent of Public Ifistruction shall find a school district to be deficient within the meaning of ORS if the district fails to cause the proposal of alternative programs to be made under ORS ( 6) or ( 7). 2) The failure to cause the proposal of alternative programs shall not be grounds for a civil action against the school district. Formerly PENALTIES Penalties. Violation of ORS or the requirements of ORS is punishable, upon conviction, by a fine of not more than $ 100, or by imprisonment in the county jail for not more than 30 days, or both. [, Amended by 1965 c ; 1967 c.67 10; 1985 x CHAPTER 340 Reserved for expansion]

165 CHAPTER RESERVED FOR EXPANSION

166 Chapter EDITION Community Colleges 34L005 GENERAL. PROVISIONS Definitions 34L008 Policy Guidelines for community college districts; filing personnel policies 34LO18 State board to cooperate in development of statewide comprehensive education plan DIRECT AND CONTRACT SERVICES All areas in statestate to be served by community college di procedure, responsi- bility,, 1 advisory committees; duties 34LO21 Provision of service outside districts pro- posals; costs 34LO22 Maximum reimbursable enrollments in 34LO23 34LO24 34LO25 nondistrlct areas Evaluations of agreements and services Rulemaking COMMUNITY COLLEGE DISTRICTS Formation) Petition for formation of district Community college service district petition; exception to general authority of district; question for electors; method of 34LO46 34LO56 change Feasibility study; hearing Hearing; alteration of proposed boundaries Dismissal of petition State board recommendation to legislature or Emergency Board; appeal; revision of recommendation; hearing; effect of legislative action Election to establish district 34L086 Election shall include question of tax base or serial levy and may include question of organizational expense Payment of formation election expenses List of electors Effect of election results 34LIM MU75 First board Zones) Adjustment of zone boundaries Review of zone boundaries BOARD OF EDUCATION Composition) Community college district board; qualifications Organization) Organization; meetings; quorum; journal; expenses Note Study of governance of community colleges c.757 $ Traffic control Tax levy Type of tax to be levied Eminent domain Educational services to school district, education service district, county, municipality or private organization Educational services to inmates at state correctional institutions Intellectual property Insurance reserve fund; establishment and termination procedures Qualification 34LM Nomination and Election) Mode of election of board Mode in districts existing prior to May 20, Change in method of nominating and electing board MUM 34LS39 Vacancy; filling of vacancy; term of ap- pointed member Position numbers required for at-large po- sitions Assigning position numbers Removal) Removal for misfeasance or malfeasance ELECTIONS GENERALLY Election laws applicable 34LSM Publication of notices Special elections 34L371 Board resolution required to submit question to electors Eligibility of electors following certain events ESTABI.ISL NT AND OPERATION OF COMMUNITY COLLEGES 341,406 Establishment of community college Official name of college 341,420 Procedure for name changes for district or college 341,426 Approval required to commence or change program and for transfer credits 341,435 Locations of classes 341A40 34IA45 Contracts with other districts, state department or private schools for educational services Contracts with private vocational schools for educational services Status) 34L287 Status; official title of board Powers) General powers 341, 455 Credit for private vocational school courses 341,460 Credit for driver training course not permitted 341,486 Certificates and associate degrees

167 EDUCATION AND CULTURAL FACILITIES k LM Note Note M" 341AN L Student loan fund Scholarships Definition for ORS 34IA95 to , and Admission of resident students Contracts for reimbursement between districts; effect on State School Fund Admission of nonresident students at resident tuition rate under certain conditions; exchange procedures Nonresident tuition for residents of Washington and Idaho Admission of members of Armed Forces, spouses and dependent children; tuition rate rd subject to approval of state Affirmative action plans, goals when fac- ulty, staff reductions required Notice of reasonable assurance of continued employment; effect of failure to give notice Division of assets when community college transferred BOUNDARY CHANGES State board as boundary board; petition, hearings; legislative approval required; effective date of change When election on change required Division of assets and liabilities Liability of annexed or merged territory AID FOR OPERATION Community College System Support Fund established Determination of distribution c162 5 Determination of distribution c Distribution of state aid; rules Effect on state aid of scholarships and of certain admissions Distribution of federal funds for vocational and technical education Treatment of public library costs in computing state aid Receipt of funds for transferred apprenticeship programs; approval; notice FINANCE Bonds) Authority to incur bonded aggregate amount Election on bonded indebtedness Issuance of bonds Registration of bonds; disposition of Tax levy to meet annual bonded in edness; bond sinking fund Payment of bond principal and interest Bond redemption procedure Refunding bonds Advertisement and sale of bonds Custody and Expenditure of Funds) Custodian of funds; depositories; signature on checks; warrants as checks Warrant procedure 34L709 Audits) Annual audit required Notes) Short -term promissory notes AID FOR CONSTRUCTION Distribution of state funds for capital construction; standards; limitations 34L937 Capital improvements for access for persons with disabilities CROSS REFERENCES Armed Forces, members as residents for admission, Boundary proceedings, conclusive presumption of validity one year after effective date, Community college funds, interest on investment, disposition, Community school program, District election procedures, Ch. 255 Economic Development Department grants for programs leading to family wage jobs, Library, public, authority to operate, Literacy coalitions, established by community colleges, Office of Community College Services, statewide literacy hotline, Oregon Office of Educational Policy and Planning, Preemployment or trade extension program, advisory committee required, Structural unemployment program, to Vocational education and employment training policy, Workers' compensation coverage for trainees in work experience program, L290 indebtedness; Admission of persons 16 years of age or older, I ebt- Collective bargaining provisions applicable to employees of community college districts, to Records, exchange between public and private agencies at request of blind or blind and deaf person, Sick leave, use of to increase employee benefits, Loans and scholarships, to , to and ,

168 COMMUNITY COLLEGES Students unable to attend certain days because of religious belief, Information for bond issues to Municipal Debt Advisory Commission, , b: sir : i1 Advance refunding bonds, state regulation, to

169 EDUCATION AND CULTURAL FACILI'T'IES

170 COMMUNITY COLLEGES 341A09 GENERAL PROVISIONS Definitions. As used in this chapter and in ORS and , unless the context otherwise requires: 1) " Board" means the board of education of a community college district. 2) " Board member" means a member of the board of education of a community college district. 3) " Community college" means a public institution operated by a community college district for the purposes of providing courses of study limited to not more than two years' full-time attendance and designed to meet the needs of a geographical area by providing educational services, including but not limited to vocational or technical education programs or lower division collegiate pro- grams. 4) " Community college district" or " district" means a district formed under this chapter to operate one or more community colleges or to secure educational services available at a community college. 5) " County fiscal officer" means the county treasurer or county fiscal officer of the county in which the chief administrative officer of the community college district maintains the administrative office. 6) " Full -time student" means a student who carries for three terms, each of which provides for not less than 10 weeks or its equivalent of instructional time: a) Fifteen term hours per week in lower division collegiate courses; or b) Twenty clock hours per week of other instruction. 7) " Operating expenses" means the sum of the expenditures of a community college district for administration, instruction, nec- essary student services, operation and maintenance of plant and fixed charges, as determined in accordance with the rules of the State Board of Education. 8) " Petitioning territory" means a community college district petitioning to have an area outside the district included in the district or to have an area inside the district excluded from the district, or an area outside the district petitioning to be included within the district. 9) " Principal county" means the county in which the chief administrative officer of the community college district maintains the administrative office. 10) " State board" means the State Board of Education. 11) " Term hour" means a 50- minute period of course work a week per student for approximately one -third of a school year. Formerly ; 1971 c.513 l; 1981 c Note: The amendments to by section 4, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws The text is set forth for the user's convenience As used in this chapter and in ORS and , unless the context otherwise requires: 1) ` Board" means the board of education of a community college district. 2) " Board member" means a member of the board of education of a community college district. 3) " Commissioner" means the Commissioner for Community College Services appointed under section 3, chapter 474, Oregon laws ) " Community college" means a public institution operated by a community college district for the purposes of providing courses of study limited to not more than two years' full-time attendance and designed to meet the needs of a geographical area by providing educational services, including but not limited to vocational or technical education programs or lower division collegiate programs. 5) " Community college district" or " district" means a district formed under this chapter to operate one or more community colleges or to secure educational ser- vices available at a community college. 6) " County fiscal officer" means the county treasurer or county fiscal officer of the county in which the chief administrative officer of the community college district maintains the administrative office. 7) " Hill -time student" means a student who carries for three terms, each of which provides for not less than 10 weeks or its equivalent of instructional time: a) Fifteen term hours per week in lower division collegiate courses; or b) Twenty clock hours per week of other instruction. 8) " Operating expenses" means the sum of the expenditures of a community college district for administration, instruction, necessary student services, operation and maintenance of plant and fixed charges, as determined in accordance with the rules of the State Board of Education. 9) " Petitioning territory" means a community college district petitioning to have an area outside the district included in the district or to have an area inside the district excluded from the district, or an area outside the district petitioning to be included within the district. 10) " Principal county" means the county in which the chief administrative officer of the community college district maintains the administrative office. cation. 11) " State board" means the State Board of Edu- 12) " Term hour" means a 50- minute period of course work a week per student for approximately one - third of a school year Policy. The Legislative Assembly finds that: 1) The community college is an educational institution which is intended to fill the institutional gap in education by offering broad, comprehensive programs in academic as well as vocational - technical subjects. It is designed to provide terminal two -year pro - grams for some, serve a transitional purpose for others who will continue college work

171 EDUCATION AND CULTURAL FACILITIES and serve to determine future educational needs for other students. For adults it can provide means for continuation of their academic education, vocational training or the attainment of entirely new skills as demands for old skills and old occupations are supplanted by new technologies. 2) Each community college should be so located as to be within commuting time of a substantial of its students. As an majority economical metho of providing education close to the student' s home, the community college tion. should remain a commuting institu- 3) The community college should not follow the established organizational patterns of other secondary and higher education institutions in order to maintain a unique quality of flexibility, the ability to change to meet changing needs. 4) The community college is a post -high school institution under the general supervision of the State Board of Education. It should not be a " starter" institution intended to evolve into a four -year baccalaureate institution. It should be concerned with programs terminating after two years or less, with exceptions made only for certain cur- ricular offerings of a technical nature which may require more than two years for com- pletion. 5) The community college should continue to be prohibited by law from becoming a four -year institution. 6) Admission to the community college should be open to high school graduates or to nonhigh school graduates who can profit from the instruction offered. 7) There should be close cooperation between those directing the community college program and those responsible for higher education, so that lower - division college transfer programs of the community college will provide adequate preparation for entering four -year institutions, and so that students will be able to transfer with a minimum of difficulty. 8) The community college should offer as comprehensive a program as the needs and resources of the area which it serves dictate. Cost to student and quality of instruction in established private institutions should be among the factors in determining necessary duplication of effort. 9) It should be the policy of the community college to open its facilities to the high schools of its area on a sound contractual basis, for appropriate secondary courses, either academic or vocational, when it is within its ability to provide facilities and it is determined that the high school cannot or does not offer them. 10) To establish programs designed to meet the needs of the area served, surveys of the educational and service needs of the district should be made. Specific technical and vocational courses should be related not only to the employment opportunities of the area but of the state and nation as well. Such determination should be made in consultation with representatives of labor, busi- ness, industry, agriculture and other interested groups. 11) The State Board of Education should be responsible for coordinating the community college program of the state and should have general supervisory responsibilities for that program. The State Board of Education should prepare estimates and make the requests for legislative appropriations for a reasonable and consistent basis of support and establish standards for the distribution of that support. 12) The initiative for the establishment of new community colleges should come from the localities to be served, as a response to demonstrated educational needs of an area. However, these localities must not only be willing to assume the responsibility for the institutions but must be able to provide resources needed for an adequate educational and service program. 13) The governing board of the commu- nity college should be charged with the policy - making function. With respect to educational programming, the governing board should in cooperation with the State Board of Education: ( a) Identify educational needs of the district; and ( b) bring together the resources necessary to meet the needs. 14) The state should maintain a policy of substantial state participation in community college building costs and the maintenance of an adequate level of state support for operation. However, no state funds should be appropriated for buildings such as dormitories or athletic facilities for spectator sports. In the event that students from beyond commuting distance attend a community college, housing should be noncampus. The operating district should provide a substantial portion of the funds for capital improvement as well as for operation of a community college. 15) State apppropriations for community colleges should be made separately from those for other segments of education. 16) The formula for the distribution of funds for operating costs should reflect the heavier operating costs and capital outlay for certain vocational - technical courses. Federal funds received for vocational - technical train- ing should be used for that purpose only and be distributed separately from funds appro-

172 COMMUNITY COLLEGES priated by the state and should be exempted from the computations of the present distribution formula for operating costs. 17) The cost of education to the individual should be sufficiently low to permit students of low- income families to attend. This is particularly true of tuition costs. However, students should pay an amount sufficient to provide an incentive to profit from the in- structional program offered. 18) Any eligible Oregon resident should have the right to attend a community college even though not residing in a district operating one, subject to the right of the governing board to limit the size of classes and to give preference to students residing in the district. Local districts should have the authority to negotiate the terms and conditions with the governing boards for the enrollment of students residing in such local districts c [ Repealed by 1965 c Guidelines for community college districts; Sling personnel policies. ( 1) The State Board of Education shall adopt guidelines for the orderly development and management of community college districts, including guidelines for personnel policy for- mulation and accounting procedures. 2) Each community college district board shall file with the Superintendent of Public Instruction a copy of the adopted personnel policies. [ 1971 am 1, 21 Note: The amendments to by section 5, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws The teat is set forth for the user' s convenience ( 1) The State Board of Education shall adopt guidelines for the orderly development and management of community college districts, including guidelines for personnel policy formulation and accounting procedures. 2) Each community college district board shall file with the commissioner a copy of the adopted personnel policies State board to cooperate in development of statewide comprehensive education plan. The State Board of Education shall cooperate with the Oregon Office of Educational Policy and Planning in the development of a state comprehensive education plan including community college education and in review of the board' s programs and budget as provided in ORS to The board shall submit in timely fashion to the office such data as is appropriate in a form prescribed by the office. The board shall comply with the decisions of the office regarding proposed new post- secondary programs and proposed new post - secondary locations determined by the office to have a significantly adverse impact on one or more segments of education other than community college education. [ 1975 c DIRECT AND CONTRACT SERVICES All areas in state to be served by community college district; procedure; responsibility; local advisory committees; duties. ( 1) All areas within this state shall be served by a community college district. Such services may be provided either: a) Directly by formation of a community college district; or b) Indirectly by contract with an existing community college district. 2) The Department of Education shall fix responsibility for serving each area that is not within a community college district. Where feasible, each area shall be a whole county or a group of counties or that part of a county not already in a community college district. 3) In order to obtain the services described in paragraph ( b) of subsection ( 1) of this section, residents of a nondistrict area must indicate their interest in receiving services by requesting formation of a local advisory committee and seelung the advice and counsel of the Community College Division of the Department of Education. 4) The State Board of Education by rule shall establish standards for determining when there is sufficient interest among the residents of a nondistrict area to warrant appointment of a local advisory committee. 5) When the Department of Education has made the determination under subsection 4) of this section, the department and the interested residents of the nondistrict area shall apply jointly to the governing body of the county for the appointment of a local advisory committee. 6) Upon application, the governing body of the county shall appoint a local advisory committee and shall insure that the committee is broadly representative of the nondistrict area. 7) If the nondistrict area involves two or more counties, the governing body of each county shall appoint members to the local advisory committee in proportion to the number of county residents within the non- district area. 8) The governing body of a county making appointments under subsection ( 6) or ( 7) of this section shall not be obligated to fund any part of the budget described in ORS ( 3). 9) The duties of the local advisory committee shall include, but need not be limited to, advising the officials of the community

173 EDUCATION AND CULTURAL FACILITIES college district serving the nondistrict area on the educational needs of the area. 10) As used in ORS to , community college district" includes a community college service district. [ 1987 c Note: The amendments to by section 3, chapter 757, Oregon Laws 1991, are repealed June 30, See section 8 ( 2), chapter 757, Oregon Laws 199L The text, as amended, is set forth for the user' s con- venience ( 1) All areas within this state shall be served by a community college district. Such services may be provided either: a) Directly by formation of a community college district; or b) Indirectly by contract with an existing community college district. 2) The Office of Community College Services shall fix responsibility for serving each area that is not within a community college district. Where feasible, each area shall be a whole county or a group of counties or that part of a county not already in a community college district. 3) In order to obtain the services described in paragraph ( b) of subsection ( 1) of this section, residents of a nondistrict area must indicate their interest in receiving services by requesting formation of a local advisory committee and seeking the advice and counsel of the Office of Community College Services. 4) The State Board of Education by rule shall establish standards for determining when there is sufficient interest among the residents of a nondistrict area to warrant appointment of a local advisory committee. 5) When the Office of Community College Services has made the determination under subsection ( 4) of this section, the office and the interested residents of the nondistrict area shall apply jointly to the governing body of the county for the appointment of a local advi- sory committee. 6) Upon application, the governing body of the county shall appoint a local advisory committee and shall insure that the committee is broadly represen- tative of the nondistrict area. 7) If the nondistrict area involves two or more counties, the governing body of each county shall appoint members to the local advisory committee in proportion to the number of county residents within the nondistrict area. 8) The governing body of a county making appointments under subsection ( 6) or ( 7) of this section shall not be obligated to fund any part of the budget described in ORS ( 3). 9) The duties of the local advisory committee shall include, but need not be limited to, advising the officials of the community college district serving the nondistrict area on the educational needs of the area. 10) As used in ORS to , " community college district" includes a community college service district [ Repealed by 1965 c Provision of service outside districts; proposals; costs. ( 1) The Department of Education shall invite existing community college districts to submit proposals for the provision of service to an area that has officially indicated its interest in receiving service. 2) The responsibilities of the serving community college district shall include: a) Preparing a written agreement for services to be provided to nondistrict areas; and b) Acting as the fiscal agent for agreements including establishing tuition and fees for services offered under terms of an agree- ment. college Ste 3) Agreements between the community strict and nondistrict entities as ORS shall include an annual budget setting forth both revenue and ex- penditures. The budget shall be based upon the following conditions: a) Subject to ORS , eligible full - time equivalent student enrollment produced under the agreement may be claimed for state reimbursement purposes by the community college district. Such reimbursement shall come from those funds designated for contracted out -of- district services and shall be at a rate specified by the Department of Education. b) A share of the budget shall be provided by those individuals or agencies receiving service under this agreement as specified by rule of the State Board of Edu- cation adopted under ORS ( 3). 4) Agreements developed under this section shall be wholly supported by contracted out -of- district reimbursement, nondistrict student tuition and nondistrict resources c Note: The amendments to by section 4, chapter 757, Oregon Laws 1991, are repealed January 1, See section 8 ( 2), chapter 757, Oregon Laws The text, as amended, is set forth for the user' s con- venience ( 1) The Office of Community College Services shall invite existing community college districts to submit proposals for the provision of service to an area that has officially indicated its interest in receiving service. 2) The responsibilities of the serving community college district shall include: a) Preparing a written agreement for services to be provided to nondistrict areas; and b) Acting as the fiscal agent for agreements including establishing tuition and fees for services offered under terms of an agreement ) Agreements between the community college district and nondistrict entities as listed in ORS shall include an annual budget setting forth both revenue and expenditures. The budget shall be based upon the following conditions: a) Subject to ORS , eligible full-time equivalent student enrollment produced under the agreement may be claimed for state reimbursement purposes by the community college district. Such reimbursement shall come from those funds designated for contracted out-ofdistrict services and shall be at a rate specified by the Office of Community College Services. b) A share of the budget shall be provided by those individuals or agencies receiving service under this agreement as specified by rule of the State Board of Education adopted under ORS ( 3).

174 CONEMEUNITY COLLEGES 341.M 4) Agreements developed under this section shall be wholly supported by contracted out -of- district reimbursement, nondistrict student tuition and nondistrict resources Maximum reimbursable enrollments in nondistrict areas. Annual state reimbursable enrollments under an agreement with a nondistrict area shall not exceed 300 full-time equivalent students. [ 1987 c.191 4] Evaluations of agreements and services. The Department of Education shall make biennial evaluations of all agreements executed under ORS to Local advisor+ committees shall submit evaluations Of services within their areas to the department for the department' s use in making its evaluations. The department' s evaluations shall be reported to the State Board of Education by May of even - numbered years. [ 1987 c Note: The amendments to by section 5, chapter 757, Oregon Laws 1991, are repealed January 1, 199L See section 8 ( 2), chapter 757, Oregon Laws The text, as amended, is set forth for the user's con- venience The Office of Community College Services shall make biennial evaluations of all agreements executed under ORS to Local advisory committees shall submit evaluations of services within their areas to the office for its use in making its evaluations. The office' s evaluations shall be reported to the State Board of Education by May of even - numbered years Rulemaking. The State Board of Education shall adopt rules to implement ORS to The rules shall pro- vide: service; 1) Standards for accepting proposals for 2) Procedures providing the form of agreements and for recording them; 3) Standards for cash and in -kind contributions by nondistrict areas; 4) Standards as required by ORS ); and 5) Other rules necessary to implement ORS to [ 1987 c COMMUNITY COLLEGE DISTRICTS Formation) Petition for formation of district. (1) Whenever the electors registered in contiguous territory desire the formation of community college district, they may sign petition requesting the formation of such district and present it to the state board. 2) The petition must be substantially in the form established by the state board which shall furnish the petition form and: a) Must contain the minimum number of signatures fixed by the state board of 500, or 10 percent of the electors registered in each county or part of a county within the designated territory, whichever is the lesser; b) Must designate the boundaries of the territory to be included in the proposed district which may include all or part of the territory lying within the boundaries of a school district that maintains a community college and may be located in more than one county; c) Must request that the territory be organized into a district; d) May specify or reserve the right to specify the location for the proposed community college or may request the state board to determine the location; e) Must specify the method of nomination and election of the board of education of the proposed district from among the methods described in ORS ; and f) Must contain any other information required by rules of the state board. [ Formerly 34L710-, 1967 c.465 5; 1969 c.220 1; 1969 c.673 1; 1971 c ; 1983 c.83 71, 1983 c ; 1989 c A90 [ Repealed by 1965 c L066 [ Formerly ; repealed by 1969 c L037 [ 1971 x513 74b; 1987 c. 192 l; repealed by 1989 c Community district; petition; exception college service to general authority of districts; question for electors; method of charge. (1) A petition submitted pursuant to ORS may specify that the proposed district be organized as a community college service district. 2) If formed, a community college ser- vice district shall in all respects be governed by the laws applicable to community college districts with the following exceptions: a) A community college service district may not incur bonded indebtedness for any purpose. This limitation shall not be construed to prohibit serial levy indebtedness, lease- purchase arrangements, or other lawful forms of capital financing. Service districts may hold and own buildings and grounds acquired through gift or financing methods authorized by this section. b) The board of education for a community college service district shall annually review the programs and services of the district. This review shall have as its purpose a determination of which district services can most effectively and economically be delivered directly and which services can best be delivered through contracting arrangements. The direct hu-ing of faculty and staff is expressly permitted. 3) The formation of a community college service district shall comply with the provisions of ORS to A petition

175 EDUCATION AND CULTURAL FACILITIES affecting a territory that, in the judgment of the Commissioner of Community Collegge Services, will not generate an annual enrollment in excess of 1, 000 full-time equivalent students after three years of operation shall be considered to be a petition for the formation of a community college service district. 4) A community college service district may submit to the electors of the district the question of whether the district shall operate as a community college district not subject to the limitations of subsection ( 2) of this section. 5) Prior to submitting the question to the electors, the community college service district must have been in operation for three years, and must have secured the approval of the State Board of Education to hold the election. Before granting approval, the state board must find: a) The service district has acquired stability as demonstrated by a continuity of management, regularly adopted policies and procedures and adequate financial resources; and b) The service district has adopted a sound comprehensive plan that sets out the district' s instructional and capital plans for five years. [ 1989 c Note: was added to and made a part of ORS chapter 341 by legislative action but was not added to any series therein. See Preface to Oregon Revised Statutes for further explanation [ Repealed by 1965 c Feasibility study; hearing. ( 1) The state board shall examine the petition to determine whether it is complete. If the petition is complete and if formation of the district is consistent with the overall plan for all education in the state, the state board shall undertake a study of the feasibility of a community college in the geographical area proposed by the petition, including but not limited to: a) Educational needs of the area. b) Potential enrollment levels. c) Size and duration of a serial levy or size of a tax base required to meet the local share of operating and capital expenses, including whether the proposed levy bears a reasonable relationship to the levy of operating community college districts of similar size and circumstance to the proposed new district. If the proposed levy is substantially below the levy of similar operating districts, the feasibility study shall explicitly detail how the proposed new district intends to provide a comprehensive community college program. d) Relationship of proposed district to the overall plan for all education in the state. e) Boundaries of the proposed district. f) The appropriateness of the proposed name of the community college district or the community college, if a name is proposed, in order to determine that the proposed name is not misleading, confusing or grossly inappropriate. 2) Upon completion of its study, the state board shall set a date for a public hearing on the petition and study and shall give notice of the hearing in the manner provided in ORS ) The notice of hearing shall state: a) A study has been conducted on a proposed district. b) The boundaries of the proposed district. c) Whether the proposed community college district specifies providing its courses through contract with agencies authorized to enter into such contracts. d) The time and place set for the hearing on the petition. [ Formerly ; amended by 1967 c.465 1; 1969 c.673 2; 1971 x513 74; 1991 c [ Repealed by 1965 c Bearing; alteration of pro- posed boundaries. ( 1) At the time designated in the notice, the state board or its authorized representative shall conduct a public hearing on the study and may adjourn the hearing from time to time. The state board may alter the boundaries set forth in the petition submitted under ORS to include all territory the residents of which will be materially benefited by formation of the community college district as determined by its study. The state board shall not modify the boundaries of the district as set forth in the petition so as to exclude from the district any territory the residents of which will be materially benefited by formation of the district, nor may there be included in the proposed district any territory the residents of which will not be materially benefited. 2) If the board concludes that any territory has been improperly included or omitted from the proposed community college district and that electors within the included or omitted territory have not appeared at the hearing, the board shall continue further hearing on the study and shall order notice given to the nonappearing electors requiring them to appear and show cause why their territory should not be excluded or included in the proposed district. The notice shall be given either in the same manner as notice of the original hearing was given or by personal service on each nonappearing-elector. If notice is given by personal service, such service shall be made at least 10 days prior

176 COMMUMTY COLLEGES to the date Seed for the hearing. [ Formerly ; 1967 c.465 2; 1969 x [ Repealed by 1965 c Dismissal of petition. If, in the opinion of the state board study and the testimony presented at the hearing or hearings held under ORS indicate that the formation of a community college district as petitioned is not warranted under the policies set forth by ORS , the state board shall order dismissal of the petition. An appeal from this order may be taken within 60 days in the manner provided in ORS [ 1965 c.238 2; 1967 cam 3; 1969 c.673 4; 1991 c :070 [ Repealed by 1957 c [ Formerly ; repealed by 1969 c enacted in lieu of ) State board recommendation to legislature or Emergency Board; ap- eal; revision of recommendation; hear - ng, effect of legislative action. (1) If, upon final hearing of the study, the state board approves formation of a community college district, with boundaries either as originally presented or as altered pursuant to the hearing, the state board shall make its recommendation to the Legislative Assembly, or if it is not in session, to the Emergency Board, describing the exterior boundaries and the zone boundaries for the election of members of the board of education of the community college district, if any. If no appeal from this recommendation is Sled within 60 days after the date of the recommendation, the recommendation becomes final. 2) If an appeal is filed, the recommendation becomes final on the date the recommendation is affirmed by the court. However, if the recommendation is not affirmed, the state board shall not submit its recommendation to the Legislative Assembly or to the Emergency Board but may reconsider the conclusions of its study and if it revises those conclusions, it may set a date for a new hearing ) Appeals shall be governed by ORS 4) Upon receipt of the final recommen- dation, the Legislative Assembly during session thereof or the Emergency Board if the Legislative Assembly is not in session shall approve or disapprove the recommendation. If the recommendation is approved, an election under ORS may be held. If the recommendation is disapproved, the state board may revise its recommendation and resubmit a final recommendation to the Legislative Assembly or the Emergency Board but not sooner than 60 days after the action of disapproval was taken. [ 1969 c ( enacted in lieu of % 1971 c ; 1977 x827 1] [ Repealed by 1965 c Election to establish district. 1) An election for the purpose of presenting the question of formation of a district and establishing a tax base or authorizing a serial levy therefor, or both, and the boundaries of the zones, if the zones were recommended by the state board, shall be held to submit the question to the electors registered in the proposed district designated in the recommendation of the state board. The election shall be held not sooner than the 90th day after the effective date of the appropriation required by ORS The election date shall be uniform throughout the proposed district, and shall be set by the state board on a date specified in ORS However, if the question of estab- lishing a new tax base is to be submitted, the election must be held on the same date as the next regular primary statewide election or the next regular biennial statewide general election, as determined by the state board. 2) ORS chapter 255 and ORS to govern the notice and conduct of an election under this section. The state board shall be the district election authority for an election conducted under this section. Notwithstanding ORS , the state board shall pay the expenses incurred for the election. 3) An elector registered in a precinct or in the portion of a precinct which is located within the boundaries of the proposed district may vote on any matter arising at the election under subsection ( 1) of this section. Formerly ; 1967 c ; 1969 c c ; 1973 c a; 1983 c.83 72; 1983 x Note: The amendments to by section 77, chapter 267, Oregon Laws 1987, are repealed January 1, See section 82, chapter 267, Oregon Laws The text that is operative until January 1, 1994, is set forth for the user' s convenience ( 1) An election for the purpose of presenting the question of formation of a district and estab- lishing a tax base or authorizing a serial levy therefor, or both, and the boundaries of the zones, if the zones were recommended by the state board, shall be held to submit the question to the electors registered in the proposed district designated in the recommendation of the state board. The election shall be held not sooner than the 90th day after the effective date of the appropriation required by ORS The election date shall be uniform throughout the proposed district, and shall be set by the state board on a date specified in ORS However, if the question of establishing a new tag base is to be submitted, the election must be held on the same date as the next biennial primary election or the next statewide general election, as determined by the state board. 2) ORS chapter 255 and ORS to govern the notice and conduct of an election under this section. The state board shall be the district election authority for an election conducted under this section. Notwithstanding ORS , the state board shall pay the expenses incurred for the election. 3) An elector registered in a precinct or in the portion of a precinct that is located within the bounda

177 EDUCATION AND CULTURAL FACILITIES ries of the proposed district may vote on any matter arising at the election under subsection ( 1) of this section Election shall include question of tag base or serial levy and may include question of organizational expense. ( 1) The state board shall include as apart of the election called for formation of a district the question of a tax base therefor or the question of a serial levy for not to exceed five years, or both, to finance the district' s share of operatin& and capital expenses. The amount of the tax base or serial levy shall be specified by the state board as a result of its study and the hearing held under ORS The state board may also include the question of incurring indebtedness to pay organizational expenses of the district between the time the district is approved and the first budget is adopted. If the question of incurring indebtedness is approved, the district may borrow money on its negotiable, short - term, promissory notes in an aggregate amount not to exceed the limit approved at the election and may, notwithstanding ORS , expend such money without the preparation and adoption of a budget. 2) In preparing its first budget, the board of the district shall provide for the repayment of the indebtedness incurred for organ- izational expenses under subsection ( 1) of this section. [ 1965 r-m 2; 1969 c ; 1971 c Payment of formation election expenses. If the Legislative Assembly, or if it is not in session, the Emergency Board, approves the recommendation submitted under ORS , it shall appropriate to the Department of Education money necessary to pay the expenses of the election under ORS [ 1969 c List of electors. When at the request of the state board the county clerk of the principal county, in consultation with county clerks of the affected counties, prepares a list or lists of names and addresses of. the_ electors registered in the proposed district, the state board is authorized to pay the charge as determined under ORS Formerly ; 1969 c , 1971 x513 78; b; 1983 c.83 73; 1983 c Effect of election results. ( 1) If the vote is in favor of the formation of the community college district and establishes a tax base for the district or authorizes a serial levy, whichever question was submitted to the electors under ORS , the state board: a) Shall proclaim not later than the sec- ond regular meeting of the state board following the board' s determination from the election results that a community college district has been formed; and b) Shall furnish any affected county assessor with a copy of the proclamation. 2) If the location of the community col - lege or zone boundaries are specified on the ballot, and the vote favors formation, the state board shall include such location and boundaries in its proclamation. 3) If the vote is in favor of the formation of a community college district but opposed to establishment of a tax base or the authorization of a serial levy in the amount submitted, the district shall not be formed. Formerly , 1969 c ; 1983 c First board. ( 1) The first board of education of a district shall be elected at the same election as the election at which votes are cast for the formation of the district. Nominations for the board of education positions to be filled by nomination and election at -large shall be made by petition requesting that such person' s name be placed on the ballot and signed with the signatures of at least 50 electors registered in the proposed district. If the district has been zoned and the position is to be filled by nomination or election by zone, the petition shall be signed by at least 25 electors registered in the zone. The petition shall be presented to the state board at least 70 days prior to the election. Upon receipt of petitions which comply with applicable law, the state board shall cause the names of such nominees to be placed upon the ballot. 2) Seven members shall be elected to the first board, to serve terms of four, four, three, three, two, two and one years respectively in accordance with the number of votes each receives with the members receiving the largest number of votes serving the four -year terms. The terms of office of the members of the first board shall be computed from the date of June 30 subsequent to the date of their election, but the members shall take office immediately following the election. If for any reason a district is not formed, the election of board members for that proposed district is void. 3) If the district has been zoned, the state board shall designate the positions to be nominated or elected by zone and shall specify the length of the term to be served by each member of the first board elected by zone. 4) The length of the term of office of members of the first board elected at -large shall be determined in accordance with the number of votes each receives in the election. Those receiving the highest number of votes may serve the four -year terms, subject to any term designations made by the state board under subsection ( 3) of this sec

178 COMMUNITY COLLEGES tion. [ Formerly ; 1971 c ; 1973 c ; 1983 c [ Formerly ; repealed by 1971 c ] Zones) [ Formerly ; 1971 c , repealed by 1983 c x] [ Formerly ; 1969 c.220 2; 1971 x513 81; 1983 c ; renumbered Adjustment of zone boundaries. The board shall adjust the boundaries of zones established within a district as necessary to make them as nearly equal in pop- ulation as is feasible according to the latest federal census. The board also shall adjust boundaries of zones as necessary to reflect boundary changes of the district. [ Formerly ; 1969 c.220 3; 1971 x513 28; 1983 x ] Review of zone boundaries. Any elector of a district * by the adjustment of or failure to a just boundaries of a zone pursuant to ORS on the basis that population is not as nearly equal as is feasible is entitled to appear before the board at a public hearing to present the case. If the board refuses to make the requested adjustment in the boundaries, the aggrieved elector may appeal from the decision of the board to the circuit court. The appeal shall be by writ of review. [ 1971 c ; 1983 x [ Subsections ( 1) and ( 2) formerly ; subsection ( 3) formerly ; repealed by ] [ 1965 c ( enacted in lieu of ); repealed by 1971 x [ Repealed by 1959 c ] [ Formerly ; repealed by 1971 c [ Repealed by 1959 c [ Formerly ; repealed by [ Repealed by 1959 c [ Formerly ; repealed by c [ Repealed by 1959 c ] [ Formerly ; repealed by 1971 x [ Repealed by 1959 c [ 1965 c ; repealed by 1971 c BOARD OF EDUCATION Composition) Community college district board; qualifications. ( 1) The board shall be composed of seven members. 2) No person who is an employee of the community college district shall be eligible to serve as a member of the board for the district by which the employee is employed. Formerly ; 1967 c ; 1969 c.220 6; 1971 c ; 1981 c.114 1, 1983 c [ 1969 c.220 5; 1971 c ; renumbered ] [ 1969 c.220 7; renumbered ] Organization) Organization; meetings; quorum; journal; expenses. ( 1) After July 1 of each year, the board of a district shall meet and organize by electing a chairman and a vice chairman from its members. 2) The board shall 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. Special meetings shall be convened by order of the chairman of the board or upon the request of four board members at least 24 hours before such meeting is to be held, or by common consent of the board members. Notice of any special meeting shall be given to the members pursuant to bylaws of the board. 3) A majority of the board members shall constitute a quorum. The affirmative vote of the majority of members of the board is required to transact any business. 4) The board shall adopt rules for the government of the conduct of its members and its proceedings. The board shall keep a journal and, on the call of any one of its members, shall cause the yeas and nays to be taken and entered upon its journal upon any question before it. 5) Any duty imposed upon the board as a body shall be performed at a regular or special meeting and shall be made a matter of record. The consent to any particular measure obtained from individual board members when the board is not in session shall not be an act of the board and shall not be binding upon the district. 6) Members of the board shall receive no compensation for their services, but they shall be allowed the actual and necessary expenses incurred by them in the performance of their duties. [ 1971 c.513 2; 1973 c [ Formerly ; repealed by 1971 c Status) Status; official title of board. 1) Districts are bodies corporate, and the board is authorized to sue and be sued in the corporate name. 2) The members of the board of a district in their official capacity shall be known as the board of education of the community college district. [ 1971 x

179 341,290 EDUCATION AND CULTURAL FACILITIES Powers) General powers. The board of education of a community college district shall be responsible for the general super- vision and,control of any and all community colleges operated by the district. Consistent with any applicable rules of the State Board of Education, the board may: 1) Subject to ORS chapter 237, employ administrative officers, professional person- nel and other employees, define their duties, terms and conditions of employment and prescribe compensation therefor, pursuant to ORS to ) Enact rules for the government of the community college, including professional personnel and other employees thereof and students therein. 3) Prescribe the educational program. 4) Control use of and access to the grounds, buildings, books, equipment and other property of the' district. 5) Acquire, receive, hold control, convey, sell, manage, operate, lease, lease- purchase, lend, invest, improve and develop any and all property of whatever nature given to or ap- propriated for the use, support or benefit of any 3 activity under the control of the board, according to the terms and conditions of such gift or appropriation. 6) Purchase real property upon a con- tractual basis when the period of time allowed for payment under the contract does not exceed 30 years. 7) Fix standards of admission to the community college, prescribe and collect tuition for admission to the community college, including fixing different tuition rates for students who reside in the district, students who: do not reside in the district but are residents of the state and students who do not reside in the state. 8) Prescribe and collect fees and expend funds so raised for special programs and services for the students and for programs for the cultural and physical development of the students. 9) Provide and disseminate to the public information relating to the program, operation and finances of the community college. 10) Establish or contract for advisory and consultant services. 11) Take, hold and dispose of mortgages on. real and personal property acquired by way of gift or arising out of transactions entered into in accordance with the powers, duties and authority of the board and institute, maintain and participate in suits and actions and other judicial proceedings in the name of the district for the foreclosure of such mortgages. 12) Maintain programs, services and facilities, and, in connection therewith, cooperate and enter into agreements with any person or public or private agency. 13) Provide student services including health, guidance, counseling and placement services, and contract therefor. 14) Join appropriate associations and pay any required dues therefor from resources of the district. 15) Apply for federal funds and accept and enter into any contracts or agreements for the receipt of such funds from the Federal Government or its agencies for educa- tional purposes. 16) Exercise any other power, duty or responsibility necessary to carry out the functions under this section or required by law. 17) Prescribe rules for the use and access to public records of the district that are consistent with ORS However, the following records shall not be made available to public inspection for any purpose except with the consent of the person who is the subject of the record, student or faculty, or upon order of a court of competent jurisdiction: a) Student records relating to matters such as grades, conduct, personal and aca- demic evaluations, results of psychometric testing, disciplinary actions, if any, and other personal matters. b) Faculty records relating to matters such as conduct, personal and academic evaluations, disciplinary actions, if any, and other personal matters. 18) Enter into contracts for the receipt of cash or property, or both, and establish annuities pursuant to ORS to and, commit, appropriate, authorize ana budget for the payment of or other disposition of general funds to pay, in whole or in part, sums due under an annuity agreement, and to provide the necessary funding for re, serves or other trust funds pursuant to ORS ) Encourage gifts to the district by faithfully devoting the proceeds of such gifts to the district purposes for which intended. 20) Build, furnish, equip, repair, lease, purchase and raze facilities; and locate, buy and acquire lands for all district purposes. Financing may be by any prudent method including but not limited to loans, contract purchase or lease. Leases authorized by this section include lease- purchase agreements whereunder the district may acquire ownership of the leased property at a nominal

180 COMMUNITY COLLEGES price. Such financing agreements may be for a term of up to 30 years except for lease arrangements which may be for a term of up to 50 years. 21) Participate in an educational consortium with public and private institutions that offer upper division and graduate instruction. Community colleges engaged in such consortiums may expend money, provide facilities and assign staff to assist those institutions offering upper division and graduate instruction. [ 1971 c.513 4; 1973 c ; 1981 c.137 1; 1983 c ; 1985 c.455 1; 1989 c.191 R; 1989 c provides: Note: Section 7, chapter 757, Oregon Laws 1991, Sea 7. Study of governance of community col. leges. The State Board of Education shall conduct a comprehensive study of governance of community colleges. The state board' s recommendations shall be pre- sented to the Sixty - seventh Legislative Assembly. The state board shall coordinate its efforts with other legislative and Executive Department educational governance review efforts. [ 1991 c [ Formerly ; repealed by 1971 c Traffic control. ( 1) The board may adopt such regulation as it considers necessary to provide for the policing, control and regulations of traffic and parking of vehicles on property under the jurisdiction of the board. Such regulations may provide for the registration of vehicles, the designation and posting of parking areas, and the assessment and collection of reasonable fees and charges for parking and shall be filed in the board business office on the campus and shall be available for public inspection. 2) The regulation adopted pursuant to subsection ( 1) of this section may be enforced administratively under procedures adopted by the board. Administrative and disciplinary sanctions may be imposed upon students, faculty, and staff for violation of the regulations. The board may establish hearing procedures for the determination of controversies, in connection with imposition of fines or penalties. 3) Upon agreement between the board and a city or county in which all or part of the community college cs is located, proceedings to enforce adopted pursuant to subsection f this section shall be brought in the name of the city or county enforcing the regulation in the district, justice or municipal court in the county in which the violation occurred. The fines, penalties and costs recovered shall be paid to the clerk of the court involved in accordance with the agreement between the board and the city or county with which the agreement is made. 4) The regulation adopted pursuant to subsection ( 1) of this section may also be enforced by the impoundment of vehicles, and a reasonable fee may be enacted for the cost of impoundment and storage, if any, prior to the release of the vehicles to their owners. 5) Every peace officer acting within the jurisdictional authority of a governmental unit of the place where the violation occurs shall enforce the regulations adopted by the board under subsection ( 1) of this section if an agreement has been entered into pursuant to subsection ( 3) of this section. The board, for the purpose of enforcing its regulations governing traffic control, may appoint peace officers who shall have the same authority as other peace officers as defined in ORS ) Issuance of traffic citations to enforce the regulations adopted by the board under subsection ( 1) of this section shall conform to the requirements of ORS to However, in proceedings brought to enforce parking regulations, it shall be sufficient to charge the defendant by an unworn written notice in accordance with the provisions of ORS ) Violation of any regulation adopted by the board pursuant to subsection ( 1) of this section enforced pursuant to subsection 3) of this section is a misdemeanor. [ 1971 x513 5; 1973 c ; 1981 e Tax levy. Subject to the Local Budget Law ( ORS to , and ) and section 11, Article M of the Oregon Constitution, each community col- lege district shall prepare annually an estimate of the amount of funds necessary to carry out the purposes of the district and may levy a tax upon all assessable property in the district. [ Formerly Type of tax to be levied. A community college district, upon approval of a majority of the electors voting upon the question at the election held to approve for- mation of a district, may levy taxes on the tax base established under ORS or may levy taxes serially for its general fund over such period of time not to exceed five years and in such stated amounts each year as are authorized by the electors under ORS [ 1969 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation [ Renumbered Eminent domain. A board may obtain by condemnation the title to any land it is authorized to acquire. Condemnation proceedings instituted by the board shall be conducted in accordance with and subject to the provisions of ORS chapter 35 except that

181 EDUCATION AND CULTURAL FACILITIES the relator therein shall be the board. [ 1971 c.513 6] Educational services to school district, education service district, county, municipality or private organization. Any school district, education service district, county, municipality or private organization may contract with a communityy college district to provide services of an educational nature that are subject to the approval of the state board. [ Formerly 34L825; 1987 c.204 1] Educational services to inmates at state correctional institutions. 1) Contracted out -of- district reimbursement may be made available to community colleges that deliver educational services to inmates confined to the state - operated correctional facilities. 2) The State Board of Education shall require proposals to be submitted for the provision of these services and shall adopt rules for such proposals. by OILS 3) The enrollment limitation, as provided , does not apply to persons receivin services under this section. [ 1987 x204 3; 1989 c ] Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation Intellectual property. ( 1) A board may acquire by gift or by purchase interests in intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, inventions, The board discoveries, processes and ideas. may also agree to aid in the development of property acquired pursuant to this section and to pay an assignor of any interest in intellectual property a share of any moneys received on account of the board' s ownership or management of the property. 2) A board may manage, develop or dispose of by assignment, sale, lease, license or other action deemed advisable by the board, property acquired under subsection ( 1) of this section, and may contract with any person or agency, board, commission or department of this or any other state or with the Federal Government regarding the management, development or disposition thereof. The board may make gratuitous assignments of such property to any trust or fund, the sole beneficiary of which is the district or any of the institutions or activities under its control, subject to the share, if any, agreed to be paid to le assignor. The board may reassign such property to the inventor, author or discoverer. 3) A board may determine the terms and conditions of any transaction authorized by this section and need not require competitive bids in connection therewith. No formal publicity or advertising is required regarding property for the development of which the board wishes to contract, but the board shall make reasonable efforts to disseminate such information in appropriate research and industrial circles. 4) Moneys received by the board as a result of ownership or management of property acquired under this section or of trans- actions regarding such property shall be credited to a special fund which shall only be applied to payment of the agreed share, if any, to assignors, the remainder, if any, may be used for general expenses of the college x )] 341MO [ Renumbered and then ( 1), Insurance reserve fund, establishment and termination procedures. Any board of education of a community college district 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 to , and 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. [ 1975 c ] [ 1971 c ; 1973 c ; repealed by 1983 c Nomination and Election) Qualification. ( 1) At each regular district election, board members shall be elected for a term of four years to succeed the board members whose terms of office expire on June 30 of that year. 2) A person shall be qualified to be a candidate for election to the board if the person is an elector who resides in the district. If the district is zoned and the position sought is one elected or nominated by zone, the person also must reside in the zone from which the person is nominated. 3) Members of a board shall be nominated and elected at large or by zones according to a method described in ORS and determined under ORS or ) A board member must qualify for office by taking an oath of office. [ Formerly ]

182 COMMUNITY COLLEGES Mode of election of board. ( 1) The board members may be elected in one of the following methods or a combination thereof: a) Elected by electors of zones as nearly equal in population as possible according to the latest federal census. b) Elected at large by position number by the electors of the district. 2) Candidates for election from zones shall be nominated by electors of the zones. Candidates for election at large may be nominated by electors of zones or by electors of the district, as determined under subsection ( 3) of this section. 3) Where the method selected under subsection ( 2) of this section 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 submitted under ORS or under ORS [ Formerly 341.2so] Mode in districts existing prior to May 20, Where zones have been established in a community college district formed prior to May 20, 1969, the method of nominating and electing directors that was used in the election of directors in 1968 shall be considered to be the method of nomi- nation and election adopted pursuant to the provisions of this chapter. Directors shall continue to be nominated and elected in the same method used in 1968 in all such districts until a different method is adopted in the manner prescribed in ORS Formerly ; 1985 c [ Renumbered Change in method of nominating and electing board. ( 1) This section establishes the procedure for determining whether the method adopted in a district for nominating and electing board members should be changed to another method described in ORS The question shall be decided by election. The district board shall order an election on the question when a petition is filed as provided in this section. 2) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition. in ORS to ) If the question proposes creation of zones or a change in the number of existing zones, the following requirements shall apply: a) The petition shall contain a map indicating the proposed zone boundaries. The map shall be attached to the cover sheet of the petition and shall not exceed 14 inches by 17 inches in size. b) Notwithstanding ORS , the statement of chief purpose in the ballot title shall not exceed 150 words. The statement: A) Shall specify the method of nomination and election of board members from among the methods described in ORS The statement also shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any zone or only for a candidate from the zone in which the elector resides. B) Shall include a general description of the proposed boundaries of the zones, using streets and other generally recognized features. c) The order calling the election shall contain a map and a metes and bounds or legal description of the proposed zone boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection ( 6) of this section. 4) The map to be contained in the peti- tion under subsection ( 3) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk shall not accept the prospective petition for filing until the chief petitioners have paid the amount due. 5) Subsection ( 3) of this section does not apply if the question proposes abolition of all zones. 6) Before submitting to election a question to which subsection ( 3) of this section applies, the district board shall adjust the proposed boundaries of the zones to make them as nearly equal in population as feasible according to the latest federal census. The district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries ) If the electors of the district approve the establishment of zones or a change in the number of existing zones, board members shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by zone shall be filled by persons who reside within zones which are not represented on the board. If more than one zone is not represented on the board when a vacancy occurs, the zone entitled to elect a board member shall be decided by lot. [ Formerly 34L [ 1971 c ; 1973 x796 54; 1977 c.149 4; 1983 c ; renumbered

183 EDUCATION AND CULTURAL FACILITIES Vacancy; filling of vacancy; term of appointed member. ( 1) The board shall declare the office of a board member vacant if it finds any of the following: a) The incumbent has died or resigned. b) The incumbent has been removed or recalled from office or the election of the incumbent thereto has been declared void by the judgment or decree of a court of competent jurisdiction. c) The incumbent has ceased to be a resident of the district from which the incumbent was nominated or elected. d) The incumbent has ceased to discharge the duties of office for two consecutive months unless prevented therefrom by sickness or other unavoidable cause or un- less excused by the chairman of the board. 2) A board member who is nominated or elected by zone and who changes permanent residence from one zone of a district to another zone or who by a change in zone boundaries no longer resides in the zone of nomination or election is entitled to continue to serve as board member until June 30 following the next regular district election at which a successor shall be elected by the electors to serve for the remainder of the unexpired term, if any. The successor shall take office July 1 next following the election. 3) When a vacancy is declared under subsection ( 1) of this section, the remaining board members shall meet and appoint a person to fill the vacancy from any of the electors of the district if the position is one filled by both nomination and election at, large, and otherwise from any of the electors of the zone from which the vacancy occurs. 4) If the offices of a majority of the board members are vacant at the same time, the governing body of the principal county shall appoint persons to fill the vacancies from any of the electors of the district if the positions are filled by both nomination and election at- large, and otherwise from any of the electors of the zone from which the va- cancy occurs. 5) The period of service of a board member appointed under subsection ( 3) or (4) of this section commences upon appointment and expires June 30 next following the next regular district election at which a successor is elected. The successor shall be elected to serve the remainder, if any, of the term for which the appointment was made. If the term for which the appointment was made expires June 30 after the election of the successor, the successor shall be elected to a full term. In either case, the successor shall take office on July 1. ( 1971 c513 27; 1975 c647 31; 1977 c149 5; 1983 c Position numbers required for at -large positions. ( 1) The positions of board members elected at- large, and their respective successors in office, shall be designated by numbers as Position No. 1, Position No. 2, and so on. 2) This section applies to any district that elects any board member to an at -large position. [ 1971 c ; 1983 c [ Renumbered and then ] Assigning position numbers. Position numbers for board members elected at- large, and their respective successors in office in the event of vacancies before the expiration of their terms, in districts changing the method of election of any of the board members shall be determined by draw- ing by the affected board members under the supervision of the county clerk of the principal county. As soon as possible after the drawing, the county clerk of the principal county shall furnish a certified statement to each affected board member of the position number drawn by the board member. A Copy of the statement shall be filed with the county clerk of the principal countyiand =with the administrative office of the district. [ 1971 c513 31] [ 1971 x513 32; repealed by 1983 c x] [ 1971 c513 33; repealed by x] ( 1971 c ; repealed by 1983 c x] Removal) Removal for misfeasance or malfeasance. In addition to recall, a board member guilty of misfeasance or malfeasance in office, may be removed from office by a court of competent jurisdiction in an appro- priate proceeding. ( 1971 c [ 1971 c ; 1973 c ; repealed by 1983 c a] ELECTIONS GENERALLY Election laws applicable. ( 1) ORS chapter 255 governs the following: a) The nomination and election of board members b) The conduct of district elections. 2) The electors of a community college district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS to ) ORS to govern the recall of board members. [ 19s3 c Publication of notices. ( 1) Except as provided by ORS chapter 255 and ORS ( Local Budget Law), notice of community college district organization and merger, community college district budgets

184 COMMUNITY COLLEGES and community college district purchasing shall be given only as provided in this section. 2) Whenever notice is required, the board shall cause the notice to be published in one or more of the newspapers published in the district and having a general circulation in the district. If no newspaper is published in the district, the notice shall be published in some newspaper designated by the board and having circulation throughout the district. The notice shall be published in at least two issues of each designated news- paper- 3) The board may also cause broadcastof any notice required to be published in the manner provided in ORS to ) The board shall cause the time and place of publishing each of the notices required by subsection ( 1) of this section and the content of such notices to be recorded in the minutes of the board. [ I971 x513 11; 1973 c ; 1983 c [ 1971 c ; repealed by 1973 c n ULM [1971 x513 13; repealed by [ 1971 c ; repealed by SW [ 1971 c ; repealed by LS67 [ 1971 c ; repealed by 1983 c x] Special elections. The board may call a special election upon questions as to the issuance of bonds, the levy of taxes which may not be levied without the affirmative vote of the people and any other questions which may be submitted to the electors of such districts. [ L971 c ; ; 1983 c Board resolution required to submit question to electors. Any of the questions to be submitted to the electors of any district must be submitted in the form of a resolution of its board. The resolution shall specify the questions to be voted upon and the date for holding any special election. The board may adopt any such resolution on its own motion, and must adopt the resolution when petitioned by the requisite number of electors of the district. [ 1971 c ; 1974 s. s. c.45 7; 1983 c [ 1971 c ; repealed by 1979 c ] [ 1971 x513 20; repealed by a] 34L= [ 1971 c ; repealed by Eligibility of electors following certain events. During the period following an election or other action resulting in a boundary charge in a district and prior to the date the change becomes effective, the district or districts from which an area will be separated as a result of the boundary change may hold elections for all legal purposes but the electors registered in the area to be separated as a result of the boundary change shall not be qualified to vote in any such election. The election on any measure in such district or districts shall not affect or encumber the area to be separated. [ 1971 c ; 1983 c ESTABLISHMENT AND OPERATION OF COMMUNITY COLLEGES Establishment of community college. Upon approval of the state board, a community college may be established by a community college district in which all the requirements for formation of the district are met and for which adequate building space, library and suitable laboratory or shop space for the courses to be offered are available or will be available before classes begin. Formerly ; 1967 c Official name of college. The official name of every community college shall include the words " community college." [ 1965 c.19 l; 1971 c IA20 Procedure for name changes for district or college. ( 1)( a) Subject to the requirements of subsection ( 2) of this section, the name of any community college district or community college may be changed by resolution of the district board of education. The district board shall submit the proposed name change to the State Board of Education for its approval or disapproval. If the pro - posed name change is approved by the state board, it shall be submitted to a public hearing in the district. If the state board disapproves the proposed name change, the district board may rescind its resolution or revise it to reflect a different name which must be submitted to the state board for its approval or disapproval. b) If the proposed name is approved by the state board, notice of the hearing shall be given as provided in ORS The proposed charge shall take effect 21 days af- ter the final adjournment of the public hear- 1ng unless a remonstrance is filed under subsection ( 2) of this section. 2) If a remonstrance to the proposed name charge is filed with the district board within 20 days after the final adjournment of the public hearing under subsection ( 1) of this section, the district board must submit the question of the proposed name change to the electors of the district unless the board rescinds its resolution. The remonstrance must be signed by at least five percent or at least 50, whichever is less, of the electors of the district. The proposed name change shall be submitted to the electors at the regular school election next following adoption of the resolution. 3) If the majority of votes cast at the election favor the change, it shall take effect

185 34IA25 EDUCATION AND CULTURAL FACILITIES upon the canvass and return of the vote. If the majority of votes cast oppose the change, it shall not take effect. [ 1971 c ; 1991 c Approval required to commence or change program and for transfer credits. ( 1) Before an educational program is commenced at any community college, the board shall apply to the state board for permission to commence the program. The application shall be made or to July 1 of the first year in which courses are offered and shall include a full statement of the courses offered the first year. After the first year of the program, course additions, deletions or changes must be presented to the state board or a representative of the Department of Education authorized to act for the state board for approval. 2) Until the community college becomes accredited by the Northwest Association of Secondary and Higher Schools or its successor, the state board shall prepare a list of courses which, when approved by the State Board of Higher Education, will be recognized for transfer credit by all state insti- tutions of higher education. Upon request of the state board, the State Board of Higher Education may approve additional courses for transfer credit at any time. However, the requirement of approval of courses for trans- fer credit does not limit the authority of the community college to make application for, or the state board to approve applications for, other courses which may be recognized for transfer credit at any public or private institution of higher education under the ap- plicable rules of such institutions. 3) After receiving the approval of courses for transfer credits from the State Board of Higher Education and after suggesting any modifications in the proposed program of studies, the state board shall approve or disapprove the application of a district. [ Formerly ; 1971 c Note: The amendments to by section 6, chapter 757, Oregon Laws 1991, are repealed January 1, See section 8 ( 2), chapter 757, Oregon Laws ML The text that is operative January 1, 1993, is set forth for the user's convenience ( 1) Before an educational program is commenced at any community college, the board shall apply to the state board for permission to commence the program. The application shall be made prior to July 1 of the first year in which courses are offered and shall include a full statement of the courses offered the first year. After the first year of the program, course additions, deletions or changes must be presented to the state board or a representative of the Office of Community College Services authorized to act for the state board for approval. 2) Until the community college becomes accredited by the Northwest Association of Secondary and Higher Schools or its successor, the state board shall prepare a list of courses which, when approved by the State Board of Higher Education, will be recognized for transfer credit by all state institutions of higher education. Upon request of the state board, the State Board of Higher Education may approve additional courses for transfer credit at any time. However, the requirement of approval of courses for transfer credit does not limit the authority of the community college to make application for, or the state board to approve applications for, other courses which may be recognized for transfer credit at any public or private institution of higher education under the applicable rules of such institutions. 3) After receiving the approval of courses for transfer credits from the State Board of Higher Education and after suggesting any modifications in the proposed program of studies, the state board shall approve or disapprove the application of a district Locations of classes. The board shall determine the locations of classes to be held in the district after considering ge- ographical and population factors, available buildings and sites, other institutions, both public and private, offering like kinds of courses, and other important factors. Formerly ; 1971 c A37 ( 1971 c c; 1983 x121 l; repealed by 1989 x A40 Contracts with other districts, state department or private schools for educational services. ( 1) A community college district may contract with another com- munity college district common or union high school district, education service district, the Department of Higher Education or with a private educational institution accredited by the Northwest Association of Secondary and Higher Schools or its successor to obtain educational services for students enrolled in the community college of the district. However, the educational services so obtained must meet the standards for educational services provided by the college and the contract price to the college for such services must not exceed the costs which would otherwise be incurred by the college to provide its students the same or similar services. 2) For purposes of ORS , costs incurred under subsection ( 1) of this section shall be considered operating expenses of the district if the contract is approved by the Suerintendent of Public Instruction. ( 1969 c.6w 171 Note: The amendments to by section 6, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon laws The text is set forth for the user' s convenience. 341A40. ( 1) A community college district may contract with another community college district, common or union high school district, education service district, the Department of Higher Education or with a private educational institution accredited by the Northwest Association of Secondary and Higher Schools or its successor to obtain educational services for students enrolled in the community college of the district. However, the educational services so obtained must meet the standards for educational services provided by the college and the contract price to the college for such services must not exceed the costs which would

186 COMMUNITY COLLEGES VVII otherwise be incurred by the college to provide its students the same or similar services. 2) For purposes of ORS , costs incurred under subsection ( 1) of this section shall be considered operating expenses of the district if the contract is approved by the commissioner. 341A45 Contracts with private vocational schools for educational services. (1) A district operating a community college may contract with a vocational school, as defined in ORS , to provide educational services to students enrolled in the community college when, in the judgment of the administration of the college, the educational services which are the subject of the contract meet the standards of educational services provided by the college and the contract price to the college for such services does not exceed the costs which otherwise would be incurred by the college to provide similar services. However, educa- tional services for which a district operating a community college may contract do not include services offered by correspondence. 2) For purposes of ORS , costs incurred under subsection ( 1) of this section shall be considered operating expenses of the community college if the contract is approved by the Superintendent of Public In- struction. [ 1965 c.236 1; 1967 c Note: The amendments to b section 7, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757 Oregon laws The text that is operative until June 30, 1993, is set forth for the user's convenience. 341A48. ( 1) A district operating a community college may contract with a vocational school, as defined in ORS , to provide educational services to students enrolled in the community college when, in the judgment of the administration of the college, the edu- cational services which are the subject of the contract meet the standards of educational services provided by the college and the contract price to the college for such services does not exceed the costs which otherwise would be incurred by the college to provide similar services. However, educational services for which a district operating a community college may contract do not include services offered by correspondence. 2) For purposes of ORS costs incurred under subsection ( 1) of this section shall be considered operating expenses of the community college if the contract is approved by the commissioner. 341A55 Credit for private vocational school courses. A community college may give credit for courses or programs taken in a vocational school. The courses or programs for which credit may be given must meet the standards adopted by the state board under ORS must be taken at a vocational school domiciled in this state and must be approved for credit by the Superintendent of Public Instruction. [ 1965 c.529 9; 1975 c Note: The amendments to by section 8, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws 1991 The text that is operative until June 30, 1993, is set forth for the user' s convenience. 341, 468. A community college may give credit for courses or programs taken in a vocational school. The courses or programs for which credit may be given must meet the standards adopted by the state board under ORS , must be taken at a vocational school domiciled in this state and must be approved for credit by the commissioner. 341A60 Credit for driver training course not permitted. A community college offering a driver training course under ORS to shall give no credit for completion thereof and time spent by students on such courses shall not be considered as term hours or clock hours of instruction in determining full-time equivalency for purposes of ORS [ c A65 Certificates and associate degrees. The board of a district operating a community college, upon a, roval of the state board, may award certificates and associate degrees indicating satisfactory completion of a course of study offered by the community college. [ Formerly 34L A75 Student loan fund. A community college district may establish a student loan fund and apply to and receive from the Federal Government such grants or loans as may be available for such loans. [ Formerly 34L A85 Scholarships. ( 1) In addition to any other scholarships provided by law, the board may award tuition and fee - exempting scholarships in the college to students applying for enrollment or who are enrolled m the college. 2) Scholarships shall be awarded on the basis of the student' s: a) Demonstrated ability to profit from either vocational, technical or college transfer courses; and b) Need for financial assistance. 3) In addition to the qualifications specified in subsection ( 2) of this section, the board awarding the scholarship may pre- scribe qualifications that are of such nature that scholarships awarded under this section will benefit both the student and the people of this state. [ 1965 c.148 1; ] 971 c Definition for ORS 341A95 to , and For the purposes of ORS to , and , unless the context requires otherwise, " operating district" means a district which operates a community college. [ 1966 c Admission of resident students. ( 1) An operating district shall admit high school graduates who are residents of Oregon and other residents who, in the

187 EDUCATION AND CULTURAL FACILITIES judgment of the administration of the operating district, are capable of profiting from the instruction offered. Operating districts may also admit persons who are not resi- dents of the district or of the state, including persons who are not citizens of the United States, if such admission is considered suit- able. 2) Upon application of a qualified high school student residing in this state and upon agreement between the operating dis- trict and the school district in which the student resides, the student may be admitted to the community college. 3) Any school district which does not operate a community college may contract with an operating district to admit students from the nonoperating district. 4) Any operating district may contract with another operating district to admit stu- dents of either college to the college of the other. [ 1965 c [ 1959 e641 1; 1961 x602 1; 1963 x483 9; 1965 c ; renumbered 34L [ 1965 c.262 4, 9; repealed by 1971 c [ 1959 c.641 2; 1961 c.602 2; 1965 c ; renumbered Contracts for reimbursement between districts; effect on State School Fund. (1) If the student seeking admission to the community college resides within the operating district, no additional reimbursement shall be required from any school district. However, if the student does not reside within the operating district, a contract of reimbursement may be entered into between the operating district and any other district, including another operating district. The contract shall provide for reimbursement to the operating district for each student in an amount not to exceed the difference between the per student operating expense of the operating district and the amounts obtained from the student for tuition and fees and obtained from state and federal aid. If only a part of a school district is included in the operating district, that part of the district which is not included is considered a nonoperating district for purposes of this section. 2) By agreement of the contracting districts, the contracts for reimbursement referred to in subsection ( 1) of this section may provide that payments to the operating district be based on expenses of the operating district other than operating expenses. ' Such payments shall be in addition to the reimbursable amounts referred to in subsection ( 1) of this section. 3) When attendance of a high school student is involved, the school district in which the high school student resides shall make the proper adjustment in its State School Fund reports under ORS to show the high school student' s attendance in the operating district. [ 1965 c.262 5, 61 Note: Legislative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38, chapter 780, Oregon Laws Admission of nonresident students at resident tuition rate under certain conditions; exchange procedures. ( 1) Community colleges in Oregon shall admit students from other states at the same tuition rate assessed against Oregon residents who are residents of the community college district if. a) The state in which the student resides agrees to pay and pays its per capita state aid for comparable students in the state to the community college; or b) The state in which the students reside agrees to permit and permits one - for -one full -time enrollment exchange arrangements that allow an equal number of Oregon residents to be admitted to community colleges or comparable institutions in the state at the same tuition rate assessed against residents of the state and community colleges or comparable institutions in the state in which the students reside agree to admit and admit ap- proved Oregon residents without assessing nonresident tuition. 2) The Department of Education shall enter into agreements with such other states as are willing to agree to the provisions of this section to establish reimbursement procedures or one - for -one exchange procedures. 3) In cases described in paragraph ( a) of subsection ( 1) of this section, the Department of Education shall pay from funds available therefor to the state that agrees to pay and does pay its per capita state aid to eligible Oregon community colleges to the credit of the community college or comparable institution educating the Oregon resident an amount equal to the amount that would be available under ORS if the Oregon resident were enrolled in a community college in this state. From these same funds, the Department of Education shall pay to the Oregon community colleges admitting approved one - for -one exchange students as rovided by paragraph ( b) of subsection ( 1 of this section, from other states, an amount equal to the amount that would be available under ORS as if the enrolled one -forone students were Oregon residents. 4) If a state that has entered into the agreement to pay the per capita state aid to eligible Oregon community colleges as described in subsections ( 1) and ( 2) of this section does not make any payment agreed to,

188 COMMUNITY COLLEGES the agreement terminates after the affected community college notifies the State Board of Education of the lack of payment. The termination is effective 30 days after the state board notifies the appropriate agency of the other state that the agreement is terminated if no payment is received by the end of the academic period for which tuition is assessed and no payment is received at that time. The agreement may be reinstated by mutual consent of the parties. 5) The State Board of Education shall adopt rules governing attendance in community colleges or comparable institutions in other states for purposes of the reimbursement authorized under subsections ( 1) and (2) of this section to assure that Oregon residents shall not be the object of such reimbursement if they can obtain the same education within the state without undue hardship. [ 1977 c.643 2, 3, 4, Nonresident tuition for residents of Washington and Idaho. ( 1) The provisions of ORS shall not apply to admissions arranged under ORS ) For purposes of ORS ( 4), and notwithstanding ORS , students who are residents of Idaho and students admitted pursuant to ORS shall be considered as residents of Oregon. [ 1985 c.698 2, 41 Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation Admission of members of Armed Forces, spouses and dependent children; tuition rate. Community colleges in Oregon shall admit members of the Armed Forces of the United States and their spouses and dependent children who are described in ORS at the same tuition rate as [ 1959 c.641 4; 1961 c.602 4; 1965 c ; repealed by 1965 c Affirmative action plans, goals when faculty, staff reductions required. Each community college shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of: 1) Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level; 2) Elimination of classes due to de- creased student enrollment; or 3) Reduction in courses due to administrative decisions. [ 1981 c [ 1967 c.433 6; repealed by 1971 c Notice of reasonable assurance of continued employment; effect of failure to give notice. ( 1) Each community college board shall give an individual, written notice of reasonable assurance of continued employment to all employees who are to perform services in the same or a similar ca- pacity during a subsequent academic year or term or in the period immediatel following a recess period. Such notice sho 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 community college board. However, the State Board of Education shall enforce the provisions of subsection ( 1) of this section. 3) Academic faculty members on annual or indefinite tenure, classified staff members on regular status and management service employees are considered to have been given sessed against Oregon residents who are res- notice for the purposes of this section. [ 1985 idents of the community college district. [ 1987 c.585 4] C ; 1989 c [ 1959 c.641 5; 1965 c ; repealed by [ 1959 x641 3; 1961 x602 3; 1963 x483 10; 1965 c.198 2] repealed by 1965 c Division of assets when com Instructors subject to approval munity college transferred. When jurisdicof state board. (1) Instructors of lower divi- sion collegiate courses at a community col- lege shall not be required to have teaching licenses. However, all instructors shall be subject to the approval of the state board. 2) Until the community college operated by the district becomes accredited by the Northwest Association of Secondary and Higher Schools or its successor, the board shall obtain the approval of the State Board of Higher Education before employing any person to teach transfer courses required to be approved by the State Board of Higher Education. [ Formerly ; 1971 c ; 1983 c.187 2] tion over a community college operated by a common school district is transferred to a community college district, capital assets of the community college shall be divided between the common school district which had operated the community college and the community college district which is assuming jurisdiction. Such division of assets shall be negotiated between the school district board and the community college district board. The community college district may pay the common school district for capital assets that are transferred to the community college district that were financed by property taxes. However, no payment shall ye made for that

189 EDUCATION AND CULTURAL FACILITIES portion of the capital assets transferred to a community college district that were financed with sources other than property taxes. The common school district shall pay the community college district for that portion of any capital assets of the community college to be retained by the school district that were financed from sources other than property taxes. [ 1969 c [ 1959 c ; 1961 c602 5; 1963 c ; 1965 c ; renumbered BOUNDARY CHANGES State board as boundary board; petition, hearings; legislative approval required; effective date of change. 1) The State Board of Education shall constitute the boundary board for making any changes in the boundaries of community college districts. The state board on its own motion or on petition from a petitioning territory may propose changes in the boundaries of the community college district. The state board must find that the proposed change will have no substantially adverse effect upon the ability of the affected districts to provide and continue their program and is not made solely for tax advantages to property owners in the district or area affected by the proposed change. 2) The petitions shall be in a form prescribed by the state board and must contain such information as the state board may re- quire. The petition shall contain a minimum number of signatures as fixed by the state board. 3) Before any order changing boundaries of an existing district is entered, the state board shall set dates for a public hearing in the area to be included in the district or excluded from the district by the proposed boundary change and shall give notice in the manner required in ORS At the time set in the notice, the state board or its au- thorized representative shall conduct a pub- lic hearing on the motion or petition and may adjourn the hearing from time to time. 4) If, upon final hearing, the state board approves the motion or petition, it shall make an order describing the revised boundaries of the district. The order becomes final when 'it is approved by the Legislative Assembly during sessions thereof or by the Emergency Board if the Legislative Assembly is not in session. If the order is not approved, the state board may revise it and resubmit its order to the Legislative Assembly or the Emergency Board but not sooner than 60 days after the action of disapproval was taken. 5) Any division of assets required by a change in the boundaries of a district shall be made pursuant to ORS ) When the boundaries of a district are changed, if the final order of the state board or the election held under ORS : a) Occurs between July 1 and March 31, inclusive, the change shall take effect the June 30 following the final order or election favoring the change. b) Occurs between April 1 and June 30, inclusive, the change shall take effect the June 30 of the following year. [ 1971 c ; 1977 c When election on change required. ( 1) The state board must submit the question of a proposed boundary change to a vote only if: a) The state board enters the order to revise the boundaries of a community college district; b) A remonstrance signed by at least five percent or at least 500, whichever is less, of the electors either in an area to be included in the district or excluded from the district by the proposed boundary Change or in the community college district is filed with the state board within 20 days after the date on which the hearing under ORS is adjourned finally; and c) Area to be included in the district is not surrounded by the territory of a single community college district. 2) When necessary under subsection ( 1) of this section, the question shall be submitted to the electors of the area or district filing a remonstrance or in both if remonstrances meeting the requirements of subsection ( 1) of this section are filed from both. 3) If the proposed boundary change is defeated, the same or a substantially similar change shall not be considered until at least 12 months have elapsed from the date of the election at which the change was defeated. If the vote is favorable in the area or district from which a remonstrance was filed, the state board shall declare the change effective on the date determined under ORS c , 1983 c ; [ 1959 c641 25; 1961 c602 6; 1965 c ; renumbered 34L4W Division of assets and liabilities. ( 1) When changes. district boundaries are made by the detachment of territory or an annexation of territory and another community college district is affected, the boards of the districts shall make an equitable division of the then existing assets and liabilities between the districts affected by

190 COMMUNITY COLLEGES such change and provide the manner of consummating the division. 2) In case of failure to agree within 20 days from the time of such change, the matter shall be decided by a board of arbitrators. The board of arbitrators shall consist of one member appointed by each of the boards of the affected districts and an additional member appointed by the other appointees. 3) In the event any such board fails to appoint an arbitrator within 30 days, the State Board of Education shall appoint such arbitrator. In the event the arbitrators selected fail to appoint the additional arbitrator within 30 days after the appo. intment of the arbitrator last appointed, the State Board of Education shall notify the judge senior in service of the circuit court of the principal county. Within 10 days after receiving such notice, the judge shall appoint one additional arbitrator. 4) Each member of the board of arbitrators shall be entitled to the sum of 100 per day for each day' s service, and necessary expenses, while serving in the official capacity of the member. Expenses thus incurred shall be equally apportioned among the districts concerned. 5) The decision of the arbitrators is final and may be reviewed in the manner provided in ORS to ) Assets include all property and moneys belonging to the district at the time of division. Liabilities include all debts for which the respective districts in their corporate capacities are liable at the time of divi- sion. In determining the assets, property shall be estimated at its fair value. The assets and liabilities shall be divided between the districts in proportion to the last assessed value of the real and personal property. The district retaining the real property shall pay the other districts concerned such sums as are determined in accordance with the provisions of this section. All funds to be apportioned during the current fiscal year, after such division, shall be made in proportion to the number of persons in each district according to the latest federal census. [ 1971 c ; 1979 c Liability of annexed or merged territory. When territory is annexed to or merged with a community college district, the new territory shall become liable for its share of the existing debt of the community college district. [ 1971 c SCL590 [ 1959 c ; 1963 c ; 1965 c ; renumbered [ 1959 c ; 1961 c.602 7; repealed by 1965 x [ 1959 x641 26, 27; 1961 c.602 8; 1963 c ; 1965 c ; renumbered AID FOR OPERATION [ 1965 x ; repealed by 1971 x Santo [1959 c , 1961 c.602 9; 1963 c ; 1965 c ; 1965 c.262 8; 1965 c.487 3; renumbered ] [ 1965 c ; repealed by 1971 c Community College System Support Fund established. There is established a Community College System Support Fund in the General Fund. [ Derived from 1991 c ] Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation. Note: Section 5, chapter 162, Oregon Laws 1991, and section 8, chapter 780, Oregon Laws 1991, provide: Sec. 5. Determination of distribution. The amounts appropriated to the Community College System Support Fund for the fiscal year shall be distributed to community colleges pursuant to rule of the State Board of Education. [ 1991 c Sec. 8. Determination of distribution. The amounts appropriated to the Community College System Support Fund, established by section 1, chapter 162, Oregon Laws 1991 [ ], for the fiscal year and thereafter shall be distributed to community colleges pursuant to rules of the State Board of Education. [ 1991 c LM [Formerly 34L610-, 1967 x433 1; 1969 c.544 3; 1971 c.310 4; 1973 c.27 1; 1975 c.128 1; 1977 c.702 l; 1979 c.417 l; repealed by 1987 c and 1987 c ( enacted in lieu of )] Distribution of state aid; rules. 1) Subject to rules adopted by the State Board of Education and to ORS to , the commissioner shall distribute state aid to each community college district and community college service district. 2) The rules adopted by the State Board of Education shall provide: classes; a) No state aid for hobby and recreation b) Procedures for proper and accurate record keeping; c) Procedures that will insure reasonable year to year stability in the delivery of appropriated moneys to the colleges; and d) Procedures to insure that the full state appropriation is delivered to the colleges. 3) Upon compliance with the rules adopted by the State Board of Education, the commissioner shall, as soon as practicable following the receipt of required reports from the districts, prepare, certify and transmit to the Executive Department the names and the amounts due each district. The Executive Department shall audit the amounts certified by the commissioner and draw its warrants on the State Treasury payable out of the

191 EDUCATION AND CULTURAL FACILITIES General Fund to the districts. [ 1987 c enacted in lieu of )] [ 1971 c.310 8; 1973 c.18 1; 1977 x702 3; 1985 c.381 4; repealed by 1987 c and x AM Effect on state aid of scholarships and of certain admissions. ( 1) In determining the amount of apportionment to the community college from the General Fund under ORS , tuition and fees allowed for scholarships authorized by ORS shall be considered as paid by the student. 2) The operating district shall include the high school student attending the community college in determining the number of equivalent full-time students in classes for purposes of ORS and other laws governing the distribution of state and federal funds to such colleges. 3) If a high school student enrolls in a planned program agreed upon by the school district and the community college during regular school hours, the community collegge may include the high school student in determining the number of full-time equivalent students for the purposes of ORS and other laws governing the distribution of state and federal funds to such colleges. However, the school district in which the high school student resides is not obligated to make any adjustment in its State School Fund report under ORS [ Subsection ( 1) enacted as 1965 c ; subsection ( 2) enacted as 1965 x262 7; 1971 c ; 1989 c Note: Legislative Counsel is directed by section 32, chapter 780, Oregon Laws 1991, to substitute for the Basic School Support Fund words designating the State School Fund. The change is operative June 30, See section 38, chapter 780, Oregon Laws L645 [ 1965 c.198 1; repealed by 1971 c Distribution of federal funds for vocational and technical education. (1) As used in this section " approved expenses" means the operating expenses of community college districts for vocational and technical education programs which have been approved by the Superintendent of Public In- struction. 2) Federal moneys received for purposes of reimbursing community college districts for vocational and technical education programs may be used by the districts to pay approved expenses. [ 1965 c.487 2; 1967 c.433 7; 1971 c Note: The amendments to by section 12, chapter 474, Oregon Laws 1987, are repealed June 30, See section 14, chapter 474, Oregon Laws 1987, as amended by section 8, chapter 757, Oregon Laws The text that is operative until June 30, 1991, is set forth for the user' s convenience &. ( 1) As used in this section " approved expenses" means the operating expenses of community college districts for vocational and technical education programs which have been approved by the commissioner. 2) Federal moneys received for purposes of reimbursing community college districts for vocational and technical education programs may be used by the districts to pay approved expenses Treatment of public library costs in computing state aid A community college district that operates a free public library pursuant to ORS shall not include or reflect the operating or construction costs attributable to such library that are in addition to the costs otherwise incurred for library facilities or services for the community college in any computation of eligibility for state aid for operation or construction at the community college. However, a community college district that operates a free public library is eligible for any federal funds to which it would otherwise be entitled for public library purposes. [ 1975 c Receipt of funds for transferred ap ]prenticeship programs; approval; notice. ( 1) The receiving community college shall be awarded funds from the contracted out -of- district funds appropriated to the Department of Education if a) An approved apprenticeship program is transferred to a community college other than the college which included the estimated enrollment for purposes of computing its entitlement to state aid after the estimate was made; and b) The receiving community college is unable to accommodate the program within its allocated full-time equivalent students. 2) The transfer shall be made subject to the approval of the Department of Education. 3) Notice of the transfer of the approved program must be provided to the community college from which it is transferred not less than nine months prior to the opening of fall term. [ 1979 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation. FINANCE Bonds) Authority to incur bonded indebtedness; aggregate amount. ( 1) A community college district may contract a bonded indebtedness for any one or more of the following purposes in and for the district: a) To acquire, construct, reconstruct, improve, repair, equip or furnish a college building or buildings or additions thereto; b) To acquire or to improve all property, real and personal, appurtenant thereto or connected therewith, including self financing - facilities;

192 CODEMW ITY COLLEGES c) To fund or refund outstanding indebtedness; and d) To provide for the payment of the debt. 2) The community college district may use the proceeds received from the sale of bonds to pay for any costs incurred by the district in issuing and selling such bonds, including but not limited to, attorney fees and the cost of publishing notices of bond elections, printing such bonds and advertising such bonds for sale. 3) The aggregate amount of such district bonded indebtedness shall not exceed one and one -half percent (.015) of the real market value of all taxable property within the district, computed in accordance with ORS [ 1971 c , 43; 1991 c Election on bonded indebtedness. ( 1) This section establishes the pro- cedure for determining whether a community college district should contract a bonded indebtedness for any one or more purposes described in ORS The question shall be decided by election. The district board: a) May order the election on its own motion; or b) Shall order the election when a petition is filed as provided in this section. 2) The requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS to The peti- tion shall state the amount of the proposed bonded indebtedness and the purposes for which the indebtedness shall be contracted c ( enacted in lieu of )] 3418M [ 1971 c , 39; 1973 c ; repealed by 1983 c ( enacted in lieu of )] Issuance of bonds. ( 1) If the electors of the district voting on the question of contracting bonded indebtedness approve the question, the board of the district may issue negotiable coupon bonds of the district. 2) The bonds shall: a) Bear interest at a rate of interest determined by the board pursuant to ORS , payable semiannually. b) Bear the original or facsimile signature of the chairman of the board and be attested by the district clerk. c) Have annexed interest coupons bearing the original or facsimile signatures of the chairman of the board and the district clerk. 3) The principal and interest on district bonds are payable in lawful money of the United States of America at the office of the county fiscal officer or at the place the bonds are issued. [ 1971 c , 41, 42; 1981 c ,1983 c ; 1983 c Registration of bonds; disposition of proceeds. ( 1) The county fiscal officer shall register each community college district bond, including refunding bonds, in a record maintained for that purpose in the office of the county fiscal officer, noting the community college district, amount, date, time and place of payment, rate of interest and such other facts as the county fiscal officer may consider proper. The county fiscal officer shall cause the bonds to be delivered promptly to the purchasers thereof upon payment therefor, and if the place of delivery is 'outside the city in which the county fiscal officer' s office is situated, the cost of delivery of the bonds shall be paid by the issuing dis- trict. 2) The county fiscal officer shall hold the proceeds of the sale of all bonds for the community college district subject to the order of the board of the district to be used solely for the purpose for which the bonds were issued. The county fiscal officer is authorized to deliver the proceeds of the sale of the bonds to the person designated as custodian of the community college district funds under ORS ) When the bonds have been so executed, registered and delivered, their legality shall not be open to contest by the commu- nity college district, or by any person for or on its behalf, for any reason whatever. [ 1971 x513 44] Tax levy to meet annual bonded indebtedness; bond sinking fund. 1) The board of the district shall ascertain and levy annually, in addition to all other taxes, a direct ad valorem tax on all the taxable property in the district, sufficient to pay the maturing interest and principal of all community college district bonds outstanding promptly when and as such payments become due. The amount of the tax may be increased by an amount sufficient to retire any bonds which may be callable. The board shall annually file a copy of its budget and levies with the county fiscal officer. The board shall in each year include such taxes in the district budget for such year. Such taxes shall in each year be certified, extended upon the tax rolls and collected by the same offi cers in the same manner and at the same time as the taxes for general district pur- poses. 2) The funds derived from such tax levies shall be retained by the county fiscal officer without being paid to the district or to any officer thereof, and shall be kept by the county fiscal officer in a separate fund to be known as and designated Community College District Bond In er -esand Sinking Fund," which shall be irrevocably pledged to and used solely for the

193 EDUCATION AND CULTURAL FACILITIES payment of the interest accruing on and the principal of the bonds when due, so long as any of the bonds or the coupons thereto appertaining remain outstanding and unpaid. The interest earnings of such fund shall be credited thereto and become a part thereof. For failure to retain and account for such funds, as provided in this section, the county fiscal officer shall be liable upon the official bond of the county fiscal officer. 3) The fund shall not be diverted or used for any other purpose; but if a surplus remains after all interest and principal have been paid on all community college district bonds then outstanding and un aid, the surplus may be transferred to such other fund as the board of the district may direct. 4) If the tax required by subsection ( 1) of this section is not levied by the board of the district, the county fiscal officer shall certify the county share, based on the proportion of the assessed valuation of the community college district located in the county, to the governing body of each county in which territory of the district is located which shall then levy a tax on all taxable property within the county that is in the district sufficient to raise the required amount. 5) The county assessors shall extend the tax so levied upon the county tax rolls for such district. The county sheriffs shall collect this tax and pay the sums collected into the fund kept by the county fiscal officer pursuant to subsection ( 2) of this section c Payment of bond principal and interest. ( 1) The county fiscal officer must cause to be paid out of any money in the hands of the county fiscal officer belonging to the community college district, the interest on or principal of, as the case may be, any bond issued by the district promptly when and as the same becomes due at the place of payment designated in such coupons or bonds. All coupons or bonds so paid must be immediately reported to the board of the district. 2) The county fiscal officer shall not be required to remit to the purchaser of any bonds or coupons the amount necessary to redeem them until the day such bonds or coupons are due. [ 1971 c Bond redemption procedure. 1) Whenever the sinking fund mentioned in ORS equals the amount, principal and interest, of any bond then due or subject at the option of the district to be paid or redeemed when authorized by the board of the district, the county fiscal officer shall notify the holder of such bond and publish a notice in the newspaper published in the district in compliance with ORS to The notice shall state that the county fiscal officer will, within 30 days from the date of the notice, redeem and pay any such bond then redeemable and payable, giving priority according to the date of issuance numerically. Upon presentation of any such bond at the place of payment specified therein, the county fiscal officer shall cause the bond to be paid. If any holder of such bond fails to present it at the time mentioned in the notice, the interest thereon shall cease, and the county fiscal officer shall thereafter pay only the amount of such bond and the interest accrued thereon up to the last day of the time of redemption mentioned in the notice. 2) When any bonds are so redeemed or paid, the county fiscal officer shall cause the same to be canceled and write across the face thereof " redeemed" and the date of redemption, and shall deliver it to the board of the district, taking its receipt therefor c Refunding bonds. ( 1) Whenever any community college district has any outstanding bonded indebtedness, which is due or subject at the option of the district to be paid or redeemed, the district, by and through the board of the district, may: a) Issue and exchange, for any such indebtedness, its bonds bearing the rate of interest determined by the board pursuant to ORS ; or b) Issue and sell such bonds and apply the proceeds of such sale in payment of the indebtedness for the payment of which the refunding bonds are proposed to be issued. 2) Refunding bonds issued under subsection ( 1) of this section shall in all respects conform to, and be governed, as to their issue, by ORS , ( 3), and ) The refunding of indebtedness and issuing of bonds for such purpose shall not require an election, but may be done by resolution of the board of the district at any legally called board meeting. The debt limitations imposed by law shall not affect the right of any district to issue refunding bonds under authority of this section. The validity of any bonds so issued, or of the indebtedness thereby refunded, shall not thereafter be open to contest by the district or by any person for any reason whatever. [ 1971 c ; 1981 c.94 30; 1983 c [ 1971 c ; repealed by 1975 c enacted in lieu of )] Advertisement and sale of bonds. All legally authorized and issued general obligation bonds or revenue bonds shall be advertised and sold in the manner

194 COMMUNITY COLLEGES prescribed in ORS to [ 1975 c ( enacted in lieu of )] Custody and Expenditure of Funds) Custodian of funds; deposito- ries; signature on checks; warrants as checks. ( 1) The board of a community college district shall designate a custodian of funds of the district. Funds shall be disbursed only in the manner provided by subsection ( 3) of this section. 2) For the purpose of receiving deposits of community college funds, the board of the district shall designate such bank or banks within the county or counties in which the district is located, as the board deems safe and proper depositories for district funds. The custodian designated under subsection 1) of this section shall not be liable per - sonally or upon the official bond of the custodian for moneys lost by reason of failure or insolvency of any bank which becomes a depository under this subsection. 3) When funds are available for payment, district obligations shall be paid by check bearing the original signature of the custodian of the district funds; or if authorized by the board of the district, the custodian' s fac- simile signature. 4) Where a statute specifies a warrant as the means by which district obligations shall be paid, warrant means " check" if funds are available for payment. [ 1971 c Warrant procedure. ( 1) As used in this section, " community college district obligation" includes salaries of district em- ployees and other regularly contracted ser- vices. 2) Warrants in payment of district obligations shall be issued only when there are insufficient funds to pay the warrant and shall be indorsed " not paid for want of funds." Warrants may be issued at the end of each month, if necessary. Warrants shall not be issued without a vote of the board of the district. They must be signed by the chairman of the board and countersigned by the district clerk. If the chairman is absent or unable to execute the warrants, the board may authorize any member of the board to act as chairman in executing the warrants. funds" shall be applied in payment in the order in which the warrants were so indorsed. 5) At the last regular school board meeting of the district preceding July 1 in each year, the district clerk shall certify to the board a list of all district warrants which were called for payment more than seven years prior to July 1 nest following the meeting, and which have not been paid. The certification shall state the amount of each of such warrants, to whom issued, and date of issuance. The board of the district shall cause notice to be published in some newspaper having a general circulation in the district. The notice shall contain a statement that if such warrants are not presented for payment within 60 days from July 1, they will be canceled, and payment thereof will be refused. 6) At the first regular meeting of the board in each district after the expiration of 60 days from July 1 in each year, the board shall make an order that all such warrants which have not been so presented for pay- ment, describing them, shall be canceled and the board shall so cancel. 7) Nothing in this section prohibits a board from paying, upon any claim arising from the canceling of any such warrant, the principal of the warrant when presented without interest if not indorsed for want of funds and, if indorsed for want of funds, with interest to the date such warrant was called c Audits) Annual audit required. ( 1) The board of a community college district shall cause to have prepared an annual audit of the books and accounts of the district, in- cluding but not limited to student body funds, athletic funds, cafeteria funds, and other similar funds collected by the college. The audit statements must be filed with the administrative office for the district on or before December 31 of the year in which the audit is conducted. 2) Accountants employed under this section must be selected from the roster of authorized municipal accountants maintained by the State Board of Accountancy under ORS [ 1971 e ; 1987 c ) Unless the board of the district has [ 1959 c.641 6; 1961 c ; 1965 c ; renumbered designated a lower rate of interest, which rate must appear on the face of the warrants, warrants indorsed " not paid for want of Notes) funds" shall draw interest at a rate not to Short -term promissory notes. exceed seven percent (. 07) from date of ( 1) As provided by ORS , the board of indorsement until called. a community college district may contract 4) Funds becoming available for payment indebtedness by the issuance of short -term of warrants indorsed " not paid for want of promissory notes for the purpose of meeting

195 341.9Ci3 EDUCATION AND CULTURAL. FACILITIES current expenses, retiring outstanding bonds or warrants, or paying the interest thereon. 2) The board of the district in which indebtedness was incurred under this section shall levy an annual tax on all taxable property in the district sufficient to meet the interest payments and retire the indebtedness, but no tax shall be necessary where other provisions are made for payment of the indebtedness. ( 1971 c ; 1983 c ; 1985 c [ 1959 c.641 7; 1965 c ; renumbered ] [ 1959 x641 8; 1961 c ; 1965 c ; renumbered L740 ( 1959 c ,1961 c ; 1965 x ; renumbered 34LO551 34L750 [ 1959 c ; 1961 c ; 1965 c ; renumbered 34L L760 [ 1959 c ; 1965 c ; renumbered ] 34L770 [ 1959 c ; 1965 c ; 1965 c.192 1; renumbered 34L [ 1959 c ; 1961 x602 14; 1965 c ; renumbered [ 1983 c.825 2; 1989 c ; renumbered in [ 1959 c ; 1961 c ; 1965 c ; renumbered [ 1983 c.825 3; 1985 x542 1; 1987 c.168 3; renumbered in [ 1959 c ; 1961 c ; 1965 c ; renumbered ( 1983 c.825 4; 1987 c ; renumbered in [ 1963 c.483 4; 1965 c ; renumbered 34L285] 34L807 [ 1983 c.825 1; renumbered in [ 1987 c.697 l; renumbered in [ 1959 c ; repealed by 1965 x [ 1963 c.483 6; repealed by 1965 x [ 1989 c.538 1; renumbered in [ 1963 c.483 5; 1965 c ; renumbered ] 34LB18 [ 1989 c.538 2; renumbered in [ 1959 c ; 1965 c ; renumbered ( 1), ( 2)] 34LB25 [ 1963 c ; 1965 x ; renumbered ] [ 1959 c ; repealed by 1965 c enacted in lieu of )] 34LS40 [ 1959 c ; 1965 x ; renumbered 34L215] [ 1959 c ; 1965 c ; renumbered ] 34LM [1959 c ; 1965 c ; renumbered 34L235] [ 1959 c ; 1965 c ; renumbered 34L245] 34158(1 [ 1959 c ; renumbered ( 3)] [ 1959 c ; 1965 x ; renumbered 34L295] [ 1959 c ; renumbered [ 1959 c ; renumbered L912 [ 1963 c.483 1; 1965 c ; renumbered ] [ 1963 c.483 2; 1965 c ; renumbered 34L [ 1967 x433 9; 1975 x128 7; repealed by 1977 c.711 6; repeal rescinded by 1979 x754 5; 1979 c.754 6; repealed by 1987 x [ 1963 c.483 3; 1965 c ; renumbered 34L [ 1975 c ; 1977 c.711 4; repealed by 1977 c.711 6] [ 1961 c.601 1; repealed by 1965 x [ 1961 x601 2, 5; 1963 c ; 1965 x ; 1967 c ; 1969 x633 1; 1971 x310 5; 1973 c.27 6; 1975 c.128 6; repealed by 1977 c [ 1961 c.601 3; 1965 c ; 1967 c ; 1971 c.310 6; 1975 c.128 9; repealed by 1977 c AID FOR CONSTRUCTION Distribution of state funds for capital construction; standards; limita- tions. The State Board of Education shall adopt by rule standards governing the distribution of state funds to community college districts for capital construction projects. The standards shall include, but need not be limited to, the following provisions: 1) No state funds shall be used for the construction of student or faculty housing, facilities for spectators at athletic events, recreational facilities, student health facilities or noninstructional portions of student centers; and 2) State funds shall be matched by substantial contributions from nonstate sources which may include tuition, property taxes, bond issues, serial levies, gifts and grants c Note: and were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 341 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation [ 1961 x601 4; 1965 c ; 1967 c ; 1971 c ; repealed by 1977 c ; repeal rescinded by 1979 c.754 5; 1979 c.754 6; repealed by 1987 c Capital improvements for access for persons with disabilities. In pre pparing budget requests for each biennium beginning on and after July 1, 1993, after consultation with the community colleges and their respective representatives of the disabled community at the colleges, the State Board of Education shall include amounts for capital improvements that will be applied to the substantial reduction and eventual elimination of barriers to access by disabled persons. [ 1991 c Note: See note under [ 1961 c.601 6; 1965 c ; 1967 c ; repealed by 1977 c ; repeal rescinded by 1979 c.754 6; repealed by 1987 c

196 COMMUNITY COLLEGES 34IM7 resdn [ 1961 c ; 19 c c [ Part renumbered ; repealed by 1965 by51971 c.f6416; repealed by by 1987c J c ] [ 1961 c.601 8; 1965 c ; 1967 x433 15; 1971 c repealed 1977 c.711 6, reppeal rescinded by 1979 Ou ; re by ed by 1987 c

197 EDUCATION AND CULTURAL FACILITIES

198 Chapter EDITION Teachers and Other School Personnel DISTINGUISHED OREGON EDUCATORS Distinguished Oregon Educators; criteria; nomination and selection; duties LICENSING OF TEACHERS Definitions for ORS to , to , , 342.6&3, , , 342SK and to JM Teacher licensing; certification from professional organizations; certificate not re- quired Note Persons considered licensed c.662 $ Knowledge of civil rights laws required Types of licenses; indorsements 342.X26 First aid card required for teaching license; waiver for handicapped Fees; basis Certain existing certificates not invalidated Basic, standard and other teaching li- censes 342.X40 Administrative license Qualifications for teaching license 342.X47 Approval of teacher education institutions and programs 342.X66 Educational assistants and intern teachers Commission rules SW67 State board review of rule or standard of commission Required ratio of pupils to staff holders of first aid cards; exceptions 342.X73 Effect of employing unlicensed teacher by certain districts Employment of unlicensed teacher by certain state institutions prohibited Grounds for discipline; reinstatement Preliminary investigation of complaint; materials confidential; notice whether hearing justified Hearing and decision on charges Appeal Administrative Procedure Act not applicable to proceedings for reinstatement, re- vocation or suspension Teaching licenses based on experience in certain federal programs Administrative licenses based on profes- sional skills and experience Circulation of list of teachers and administrators subjected to discipline TEACHER STANDARDS AND PRACTICES COMMISSION Members; qualifications Organization Meetings; expenses 342A00 Licensing requirements for out -of -state 342A10 applicants Executive secretary; employees 342A20 Member' s salary; reimbursement to district 342A90 Teacher Standards and Practices Commission Account; appropriation MINORITY TEACHER ACT 342AS3 Definitions for ORS to A A49 Goals Reports to legislature; comparative data; data collection Plans for recruitment, admission, retention and graduation of minority teachers 342A49 342A66 542A65 342A75 Short title SCHOOL NURSES Definition of "school nurse" Rules; notice if action taken on license School nurses; certificates 342AS'i Commission to consult with and advise Oregon State Board of Nursing on school nursing 342A Definitions for ORS and to 342, Commission 342SIO established; confirmation; term; vacancy; effect of change in cir mstances Holder of school nurse certificate qualified to conduct and coordinate health services program EMPLOYMENT OF TEACHERS 342AM Hiring of teachers Renewal or nonrenewal of contracts for following year 342,616 Employment of relatives as teachers 54254& Termination of teacher' s contract; release Resignation in violation of contract TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL Sick leave for school employees; other leave Insurance, medical and hospital service contracts covering school employees Inservice first aid training credit for first aid Standard form for reporting salaries and other benefits Working hours for licensed personnel; duty -free lunch period required; exception Opportunity to qualify to assist non- English speaking students at no cost Minimum salary for substitute teachers Contracts with teachers for return of part of salary prohibited

199 EDUCATION AND CULTURAL FACILITIES Notice of reasonable assurance of continued employment; effect of failure to give notice Wearing of religious dress prohibited 342x665 Sanctions against teacher violating ORS 342AM 342x683 Hearing on demotion or dismissal of certain district employees BEGINNING TEACHER SUPPORT PROGRAM (MENTOR) Definitions for ORS to $ Findings Program purpose; eligibility; availability of fun District application; information required Grants -in -aid; amount; distribution procedure paining for mentors and beginning teachers Mentor teachers; selection; stipend; effect on other teachers Evaluation of programs Short title FAIR DISMISSAL LAW Definitions for ORS to Probationary teacher Determination of length of service for probationary teacher Permanent teacher, permanent part -time teacher effect of program transfer Teacher evaluation; form; personnel file content Grounds for dismissal of permanent teacher Suspension; reinstatement Procedure for dismissal of permanent teacher Appeal procedure Hearing procedure Fair Dismissal Appeals Board, appoint- ment; confirmation; qualifications; term; effect of term expiration; compensation and expenses; officers; quorum Procedure for reduction of teacher staff due to funding or administrative decision MISCELLANEOUS Interchange of teachers Discrimination on account of sex or blindness forbidden ' Training school" defined Student teacher, authori to teach; contract requirements and effect Qualifications to teach distance learning course CROSS REFERENCES Child abuse, reporting of suspected cases, to Child with disability, duty to report, Civil service for school district custodians, to Discrimination against physically or mentally handicapped prohibited, to Discrimination in employment, , Education Cash Account, Hospital and medical insurance for retired members of Teachers' Retirement System, Ineligibility of personnel in noninstructional capacity for unemployment benefits, recess period, Legislative review of need for agency, Liability of school personnel for administering medication to pupils, Peace Corps volunteers, leaves of absence, Personnel policies, requirements for writing, location and availability, Persons eligible to serve in legislature, Const. Art. XV, 8 Public employees, general provisions, Ch. 236 Retirement: Public employees generally, Ch. 237 School district employees in certain districts, Ch. 239 Variable Annuity Account, Saturday teaching, School employee- student privilege, Tax sheltered annuities, to Teacher education and training, funds, Unemployment compensation, benefits, exclusion, , Workers' compensation, coverage, Oregon Office of Educational Policy and Planning, Teaching experience, private school, Criminal conviction, effect on licensing,

200 TEACHERS AND OTHER SCHOOL PERSONNEL [ Amended by 1955 c.518 1; repealed by 1961 c ] [ 1953 c85 l; repealed by 1965 x ] [ Repealed by 1965 c [ Repealed by 1961 c DISTINGUISHED OREGON EDUCATORS Distinguished Oregon Educators; criteria; nomination and selection; duties. ( 1) The 21st Century Schools Advisory Committee shall propose for adoption by the State Board of Education criteria for selecting Distinguished Oregon Educators who possess special skills to assist in schools beginning with the school year. The 21st Century Schools Advisory Committee shall nominate educators to the Department of Education, which shall select educators who meet the criteria and who are willing to serve. 2) With the consent of the employin school district, the educator may be assigned g to assist the school districts as a member of a department team for a period not to exceed two years while retaining all rights to employment, seniority and other benefits in the educator' s employing school district. During the period of the assignment, the educator or the educator' s employing school district shall be compensated by the Department of Education. [ 1991 c [ Repealed by 1961 c [ Repealed by 1961 c [ Repealed by 1961 c [Repealed by 1961 c [ Repealed by 1961 c [ Repealed by 1961 c [ Amended by 1955 c.518 2; repealed by 1961 c ] [ Repealed by 1963 x M [Amended by 1957 c.638 1; repealed by 1965 c [ Amended by 1955 c. 101 l; renumbered ] 342,070 [ Amended by 1957 x638 2; 1961 c.677 l; renumbered ] [ Amended by 1961 c.677 2; renumbered [ Repealed by 1961 c [ Amended by 1955 c.214 l; repealed by 1965 c ] 6] [ Repealed by 1965 c M [Repealed by 1965 c and 1965 c [ Repealed by 1965 c and 1965 c [ Repealed by 1961 c [ Amended by 1961 c.707 l; repealed by 1961 c ] [ Repealed by 1961 c LICENSING OF TEACHERS Definitions for ORS to , to , , , , , , and to As used in ORS to , to , , , , , , and to , unless the context requires other- wise: 1) " Administrator" includes all super- intendents, assistant superintendents and principals in the public schools or education service districts. 2) " Approved teacher education institution" is one which meets the standards of the Teacher Standards and Practices Commission for preparation of teachers for grades preprimary through 12. 3) " Approved teacher education program" is one offered by an approved teacher education institution and is so re- cognized by the Teacher Standards and Practices Commission, after considering rec- ommendations of the state board. 4) " Commission" means the Teacher Standards and Practices Commission. 5) " Educational assistant" means a classified school employee who does not require a license to teach, who is employed by a school district or education service district and whose assignment consists of and is limited to assisting a licensed teacher in accordance with rules established by the State Board of Education. 6) " Instruction" includes direction of learning in class, in small groups, in individual situations, in the library and in guidance and counseling, but does not include the provision of related services, as defined in ORS , to a child identified as a child with disabilities pursuant to ORS to and when provided in accordance with ORS ) " Intern teacher" means a regularly enrolled student of an approved teacher education institution who teaches under the supervision of the staff of the institution and of the employing school district in order to acquire practical experience in teaching and for which the student receives both academic credit from the institution and financial compensation from the school district or education service district ) " State board" means the State Board of Education. 9) " Teacher" includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction, coordination of educational programs or supervision or eval-

201 EDUCATION AND CULTURAL FACILITIES uation of teachers and who are compensated for their services from public funds. Teacher" does not include a school nurse as defined in ORS ) " Teaching license" means a license issued under ORS [ 1961 c.439 1; 1965 c ; 1965 c.550 1; 1973 e.270 2; 1975 c.278 1; 1981 c.393 1; 1981 c.469 5; 1989 c Teacher licensing, certification from professional organizations; certificate not required. (1) After January 15, 1992, the Teacher Standards and Practices Commission shall issue licenses to teachers and administrators who possess the minimum competencies, knowledge and skills to teach and administer in the public schools of the state. 2) In addition to a teaching or administrative license, a person may obtain certification, indicating a higher degree of competency, knowledge and skill based on work experience and advanced study, from a professional organization of teachers or administrators, either on the state or national level. However, a teaching certificate or administrative certificate shall not be required to teach or administer in a public school of this state. [ 1991 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS to by legislative action. See Preface to Oregon Revised Statutes for further explanation. provides: Note: Section 8, chapter 662, Oregon Laws 1991, Sec. 8. Persons considered licensed. Any person who holds a valid teaching or administrative certificate on January 16, 1992, shall be considered to possess a teaching or administrative license until such time as the teaching or administrative certificate expires. [ 1991 c.662 8l Knowledge of civil rights laws required. ( 1) In addition to and not in lieu of any other law or rule or standard established by the Teacher Standards and Practices Commission, the commission shall require an applicant for a teaching license or any renewal thereof demonstrate know- ledge of Title VI of the Civil Rights Act of 1964, Title 1X of the Education Amendments of 1972, and federal statutes pertaining thereto, as well as state statutes prohibiting discrimination. 2) An applicant shall be required to demonstrate knowledge of federal and state statutes prohibiting discrimination required by subsection ( 1) of this section only once c.805 2; 1981 a Types of licenses; indorsements. ( 1) Teaching licenses shall be issued and renewed by the Teacher Standards and Practices Commission by the authority of the State of Oregon, subject to ORS and to and the rules of the commission. 2) Teaching licenses shall be of the following types: a) Basic teaching license. b) Standard teaching license. c) Administrative license. d) Restricted teaching license. e) Such other licenses as the Teacher Standards and Practices Commission, by rule, may establish under ORS ( 4). 3) Notwithstanding subsection ( 2) of this section and ORS , a teacher shall be granted a subject matter indorsement if the teacher held a basic license and a subject matter indorsement on or before January 1, ) A holder of the basic teaching license with an indorsement in art, educational media, foreign language, health, home econom- ics, industrial arts, music, physical education and reading may renew the initial basic license by verification of successful teaching experience in keeping with Teacher Stand- ards and Practices Commission rules and without the requirement of additional educational preparation. 5) Subsections ( 3) and ( 4) of this section apply to licenses for grades preprimary through eight and shall include grade nine if the teacher is teaching in a middle school or a Junior high school. [ 1961 c.439 2; 1965 c ; 196b c.550 2; part renumbered ; 1973 c.270 3; 1981 x663 2; 1991 c provides: Note: Section 10, chapter 662, Oregon Laws 1991, Sea 10. The amendments to ORS and by sections 5 and 6 of this Act and the provisions of sections 7 and 8 of this Act become operative January 15, [ 1991 c First aid card required for teaching license; waiver for handicapped. 1) Except as provided in subsection ) of this sectlon, within 90 days after receiving an initial teaching license under ORS , the holder of the license shall obtain a recognized first aid card. Failure to obtain the card shall result in suspension of the teaching license pursuant to ORS ) The commission may waive the requirement of subsection ( 1) of this section for any holder of a teaching license who has taken a recognized first aid course of study but who is unable by reason of physical handicap to obtain a recognized first aid card ) The commission by rule shall specify the procedure whereby the holder of a teaching license can obtain the waiver authorized by subsection ( 2) of this section c.826 2; 1981 c

202 TEACHERS AND OTHER SCHOOL PERSONNEL Fees; basis. ( 1) The Teacher Standards and Practices Commission shall establish and the commission shall collect: a) A fee not to exceed $ 60 for evaluation of the initial application for each teaching license for which application is made. If the applicant is eligible for the teaching license for which application is made and the license is issued within 90 days of original application, the commission shall issue the license without additional charge. b) A fee not to exceed $ 60 for the renewal of each teaching license and a fee not to exceed $ 20 for each duplicate teaching li- cense. 2) In addition to the fee required by subsection ( 1) of this section for the issuance of a teaching license, the Teacher Standards and Practices Commission shall collect a fee not to exceed $ 150 for the evaluation of applicants requesting licensing based upon completion of other than an Oregon approved teacher education program. 3) In addition. to the fees required by subsection ( 1)' of this section, the Teacher Standards and Practices Commission shall collect a late application fee not to exceed 15 per month up to a maximum of $75 from applicants who fail to make timely applica- tion for renewal of their license. The actual amount of the fee shall be determined in accordance with rules of the Teacher Standards and Practices Commission. 4) In spite of the expiration date posted on the license, the license shall continue to be valid for purposes of ORS and ( 2) for an additional 120 days. However, the district may require a statement from the applicant indicating that the apph cant has completed the requirements for li- cense renewal. 5) In addition to the fee required by subsection ( 1) of this section for the issuance of a teaching license, the commission shall collect a fee not to exceed $ 150 for the reinstatement of a license that has been revoked by the commission for gross neglect of duty or gross unfitness. 6) Fee rates established under this section shall cover, but not exceed, the full cost of licensing activity incurred by the commission during any biennium. [ Subsections ( 1) and 2) formerly part of ; subsection ( 3) enacted as 1965 c ; 1969 c.416 1; 1971 c.41 1, 1973 c.270 4; 1981 c.663 3; 1983 c. 14 1; Certain existing certificates not invalidated. (1) Nothing in ORS to is intended to invalidate the life of any certificate or diploma in effect on June 30, 1965, nor to invalidate the rights granted prior to June 30, 1965, by the law and the rules of the board under which the certificate or diploma was issued. 2) Nothing in chapter 550, Oregon Laws 1965, is intended to invalidate the life of any teaching certificate in effect on August 13, 1965, or to alter the rights and privileges granted prior to August 13, 1965, by the law under which the teaching certificate was issued. [ 1961 c.439 3; 1965 c ; subsection ( 2) enacted as 1965 c Basic, standard and other teaching licenses. ( 1) A teaching license provided for in this section shall qualify its holder to accept any instructional assignment from preprimary through grade 12 for which holder has completed the professional requirements established by the rules of the Teacher Standards and Practices Commis- sion. 2) A basic teaching license shall be is- sued on application to an otherwise qualified person who has completed an approved teacher education program and meets such other requirements as the Teacher Standards and Practices Commission may consider necessary to maintain and improve quality of instruction in the public schools of the state. a) Holders of the basic teaching license who meet the requirements of the Teacher Standards and Practices Commission to teach in the regular classroom program of the public schools, kindergarten through grade nine, may renew the basic license to qualify them to continue in such teaching by ve ' - cation of successful teaching experience in keeping with Teacher Standards and Practices Commission rules and without require- ment of additional educational preparation. b) Secondary teachers may teach in the public schools, grades 5 through 12, in those subject fields in which they have met the requirements of the Teacher Standards and Practices Commission. c) The holder of the standard teaching license who meets the requirements of the Teacher Standards and Practices Commission to teach in the regular classroom program of the public schools in kindergarten through grade 12 is encouraged to continue education and professional development, but is elig' ble to renew the standard license to t:t: to continue in such teaching by verification of successful teaching experience consistent with rules of the Teacher Standards and Practices Commission without any requirement of additional educational preparation. 3)( a) A standard teaching license shall be issued on application to an otherwise qualified person who has completed an approved teacher education program, has taught on a basic teaching license for a minimum period of time to be determined by

203 EDUCATION AND CULTURAL FACILITIES the Teacher Standards and Practices Commission, and is recommended for licensing by the approved teacher education institution or the school district, whichever offered the program. b) Preparation shall be a planned education program consisting of courses taken in an approved teacher education institution or in an in- service training program offered by a school district for which credit is given by an approved teacher education institution or some combination of both, in accordance with rules of the Teacher Standards and Practices Commission. 4) The Teacher Standards and Practices Commission may establish such other types of teaching licenses as it considers necessary for operation of the public schools of the state and may prescribe the qualifications for such licenses. However, no license established under the authority of this subsection shall be required for a regular classroom teachin position in the public schools. [ 1961 C ; F965 x ; 1965 c.550 3; 1973 c.270 5; 1989 c.521 1] Administrative license. ( 1) An administrative license shall qualify its holder to serve in any administrative assignment for which the holder has completed the profes- sional requirements established by the rules of the Teacher Standards and Practices Commission. 2) An administrative license shall be issued and renewed on application to an oth- erwise qualified person who meets such requirements as to professional preparation and experience as the Teacher Standards and Practices Commission may establish. [ 1961 x439 5; 1965 x ; 1973 c.230 6; 1991 x Note: See note under Qualifications for teaching license. ( 1) No teaching license shall be issued to any person until the person has attained the age of 18 years and has fur- nished satisfactory evidence of proper educational training. 2) The Teacher Standards and Practices Commission may also require an applicant for a teaching license to furnish evidence satisfactory to the commission of good moral character, mental and physical health, and such other evidence as it may deem neces- sary to establish the applicant' s serve as a teacher. fitness to 3) Without limiting the powers of the Teacher Standards and Practices Commission under subsection ( 2) of this section: a) No teaching license shall be issued to any person who after August 20, 1957, has been convicted of a crime listed in ORS , , , , , , , , , , ( 1981 Replacement Part), , , , , , , , , , or or after July 8, 1987, has been convicted of a crime listed in ORS , , , ( 1985 Replacement Part), , , or b) The Teacher Standards and Practices Commission may refuse to issue a license to any person who has been convicted of a crime involving the illegal use, sale or possession of controlled substances. [ 1965 c ; ; 1973 c.270 7; ; 1987 c ; 1987 c.503 6] [ 1961 c.439 6; 1965 c ; repealed by 1965 c Approval of teacher education institutions and programs. ( 1) After considering recommendations of the state board, the Teacher Standards and Practices Commission shall establish by rule standards for approval of teacher education institutions and teacher education programs. Public teacher education institutions shall be approved for programs of more than four years' duration only if teacher education programs which are reasonably attainable in a four - year period are also available in the system of higher education and are designed to culminate in a baccalaureate degree that qualifies its graduates for entry-level teaching licenses. However, nothing in this subsection is intended to grant any authority to the commission relating to granting of degrees or establishing degree requirements that are within the authority of the State Board of Higher Education or any institutions under its jurisdiction or that are within the au- thority of the governing board of any private institution of higher education. 2) The commission shall establish rules that allow teacher education programs leading to graduate degrees to commence prior to the student' s completion of baccalaureate degree requirements and that allow the combined use of undergraduate and graduate level course work in achieving program completion. 3) Whenever any teacher education in- stitution or program is denied approved status or has such status withdrawn such denial or withdrawal must be treated as a contested case within the meaning of ORS to [ 1973 c ; 1989 c.521 2; 1989 x [ 1961 c.439 7; 1963 c.173 1; 1965 c ; repealed by 1965 c Educational assistants and intern teachers. A school district may employ educational assistants and intern teachers subject to the rules of the state board. [ 1961 c.439 8; 1965 x ; 1989 x [ 1961 c.439 9; repealed by 1965 c and

204 TEACHERS AND OTHER SCHOOL PERSONNEL Commission rules. (1) Pursuant to ORS to , the Teacher Standards and Practices Commission shall make rules necessary for the issuance, denial, continuation, renewal, lapse or reinstatement of licenses issued under the provisions of ORS to The commission shall also adopt rules establish- ing means in addition to those prescribed by law whereby teachers are able to add additional indorsement to their teaching licenses. 2) In establishing rules under subsection 1) of this section and under ORS , the Teacher Standards and Practices Commission shall consider: a) Its responsibilities to represent the public interest in the development of educational policies; b) The capabilities of Oregon teacher education institutions to prepare teachers; c) The norms required for the teaching assignments; d) The improvement of teaching; e) The adequacy of the teacher supply; f) The value of experience or nonacademic learning; g) The responsibilities imposed upon school districts by geographic and demo- graphic conditions; h) The recommendations of the state board and Superintendent of Public Instruction; and i) Such other matters as tend to improve education. 3) Whenever any applicant is denied licensing such denial must be treated as a contested case within the meaning of ORS to ) The Teacher Standards and Practices Commission shall notify the State Board of Education of proposed rules and shall actively solicit their advice before adoption of the rules. [ 1961 c ; 1965 c ; 1965 c ; 1973 x270 8; 1979 c State board review of rule or standard of commission. (1) Within 60 days after receiving notice from the Teacher Standards and Practices Commission of adoption of a rule or standard, the state board on its motion or upon request shall review the rule or standard adopted under ORS or under ORS to determine if the rule or standard serves the public interest. 2) The review held under subsection ( 1) of this section shall be heard in the manner provided in ORS to ) Where the State Board of Education finds pursuant to its review as held under subsection ( 2) of this section that the rule or standard reviewed is not in the public interest, the state board shall request the commission to set aside or amend the rule or standard. [ 1973 x Note: was enacted into law by the Legislative Assembly but was not added to or made a part of to by legislative action. See Preface to Oregon Revised Statutes for further explanation Required ratio of pupils to staff holders of first aid cards; exceptions. ( 1) The state board shall establish by rule the ratio of the number of pupils to the number of staff members who must hold current, recognized first aid cards in each school. 2) In order to attain or maintain the ratio set under subsection ( 1) of this section, the district may require any staff member as a condition of employment to hold a current, recognized first aid card. The staff member shall have 90 days from the date on which the district imposes the requirement to obtain the first aid card. 3) The district shall waive the requirement of subsection ( 2) of this section for any staff member who has had the requirement waived by the commission and may waive the requirement for other staff who are unable by reason of handicap to obtain recognized first aid cards. 4) The district shall certify annually to the Department of Education that it complies with the ratio requirement set under subsection ( 1) of this section. [ 1981 x Note: was enacted into law by the Legislative Assembly and was added to and made a part of to but was not added to or made a part of to or to by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation [ 1961 c ; 1965 c ; repealed by 1965 c Effect of employing unlicensed teacher by certain districts. (1) Any school district which employs as a teacher or administrator any person not properly licensed and assigned in accordance with the terms specified by the person' s license shall forfeit in State School Fund moneys due the district an amount determined by the Teacher Standards and Practices Commission to not exceed the amount of the salary paid to the person for the time during which the person is employed. The forfeiture shall be effective unless: a) Such assignments are made with justification satisfactory to the Teacher Standards and Practices Commission. b) The teacher is employed by a post- secondary institution accredited by the Northwest Association of Schools and Colleges which has a contract with a school district under which the teacher is teaching

205 EDUCATION AND CULTURAL FACILITIES at the high school level. The contract shall be approved annually by the State Board of Education under rules adopted by the board, including criteria for a teacher' s qualifications under subparagraph ( C) of this paragraph. The contract shall: A) Be for a specific instructional assignment for which the district does not have appropriately licensed personnel either on staff or available to be placed on staff after a reasonably diligent search; B) Be approved annually by the governing boards of the post - secondary institution and the school district including a written determination that appropriately licensed personnel have not become available since the previous contract for the assignment; C) Provide evidence that the teacher' s qualifications are appropriate for the assign- ment; D) Allow the teacher to teach no more than two high school units of credit or the equivalent per year; and E) Not be valid during a school closure, strike or summer session. c) The person is teaching a live, interactive distance learning course originating outside the state. 2) A school district shall be required under subsection ( 1) of this section to forfeit not more than $ 1, 000 of State School Fund moneys due the district if the license has lapsed during the time of employment with the district and the holder had at the time the license expired all the qualifications necessary to renew the license. 3) Notwithstanding subsections ( 1) and 2) of this section, a school district employing unlicensed staff members in positions requiring licensed personnel during the time of a labor dispute shall forfeit in State School Fund moneys an amount equal to the daily salary rate multiplied by the number of teaching days for each unlicensed teaching employee during the entire labor dispute. 4) If the State Board of Education finds a contract to be in violation of the provisions of paragraph (b) of subsection ( 1) of this section, the board shall report the violation to the Teacher Standards and Practices Commission which shall proceed as provided in subsection ( 1) of this section. 5) Any education service district that employs as a teacher or administrator any person not properly licensed and assigned in accordance with the terms specified in the person' s license shall pay from its funds an amount determined by the Teacher Standards and Practices Commission not to exceed the amount of salary paid to the person for the time during which the person was employed. The payment shall be required unless the assignment is made with justification satisfactory to the commission. All amounts received under this subsection shall be credited to the State School Fund. 6) An education service district shall be required under subsection ( 5) of this section to pay a penalty of not more than $ 1, 000 if the license has lapsed during the time of employment with the district and the holder had at the time the license expired all the qualifications necessary to renew the license. 7) Subject to any applicable collective bargaining agreement, an education service district required to pay any penalty under subsection ( 6) of this section is entitled to recover one -half of the amounts paid from the licensed personnel whose unlicensed sta- tus caused the payment. Recovery shall not exceed one -half of the amount paid that is attributable to the licensed person. 8) The Teacher Standards and Practices Commission shall notify districts of the licensing expiration dates of their employees who are reported to the commission. The reporting shall be done in a manner specified y the commission. 9) Subject to any applicable collective bargaining agreement, a district required to forfeit any State School Fund moneys under subsection ( 2) of this section is entitled to recover one -half of the amounts forfeited from the licensed personnel whose unlicensed status caused the forfeiture. Recovery shall not exceed one -half of the amount forfeited that is attributable to the particular licensed person. 10) A school district or education service district that assigns a teacher to be present in the classroom during a live, interactive distance learning presentation shall not be subject to the forfeiture described in subsection ( 1) of this section solely because the assignment does not conform to the terms specified on the license of the teacher c ; 1975 c.278 2; 1977 c ; 1979 c.307 2; 1981 c.469 1; 1981 c.663 4; 1987 c.401 1; 1987 c.503 la; 1989 c.150 1; 1989 c.162 l; 1989 c.493 l; 1991 c.67 83; 1991 c.710 2; 1991 c , Note: The amendments to by section 23, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text of that is operative until June 30, 1992, is set forth for the user's convenience ( 1) Any school district which employs as a teacher or administrator any person not properly licensed and assigned in accordance with the terms specified by the person' s license shall forfeit in state basic school support funds due the district an amount determined by the Teacher Standards and Practices Commission to not exceed the amount of the salary paid to the person for the time during which the person is employed. The forfeiture shall be effective unless:

206 TEACHERS AND OTHER SCHOOL PERSONNEL a) Such assignments are made with justification satisfactory to the Teacher Standards and Practices Commission. b) The teacher is employed by a post- secondary institution accredited by the Northwest Association of Schools and Colleges which has a contract with a school district under which the teacher is teaching at the high school level. The contract shall be approved annually by the State Board of Education under rules adopted by the board, including criteria for a teacher's qualifications under subparagraph ( C) of this paragraph. The contract shall: A) Be for a specific instructional assignment for which the district does not have appropriately licensed personnel either on staff or available to be placed on staff after a reasonably diligent search; B) Be approved annually by the governing boards of the post - secondary institution and the school district including a written determination that appropriately licensed personnel have not become available since the previous contract for the assignment; C) Provide evidence that the teacher' s qualifications are appropriate for the assignment; D) Allow the teacher to teach no more than two high school units of credit or the equivalent per year; and E) Not be valid during a school closure, strike or summer session. c) The person is teaching a live, interactive distance learning course originating outside the state. 2) A school district shall be required under subsection ( 1) of this section to forfeit not more than $ 1,000 of basic school support funds due the district if the license has lapsed during the time of employment with the district and the holder had at the time the license expired all the qualifications necessary to renew the li- cense. 3) Notwithstanding subsections ( 1) and ( 2) of this section, a school district employing unlicensed staff members in positions requiring licensed personnel during the time of a labor dispute shall forfeit in basic school support an amount equal to the daily salary rate multiplied by the number of teaching days for each unlicensed teaching employee during the entire labor dis- pute. 4) If the State Board of Education finds a contract to be in violation of the provisions of paragraph ( b) of subsection ( 1) of this section, the board shall report the violation to the Teacher Standards and Practices Commission which shall proceed as provided in subsection 1) of this section. 5) Any education service district that employs as a teacher or administrator any person not properly licensed and assigned in accordance with the terms specified in the person' s license shall pay from its funds an amount determined by the Teacher Standards and Practices Commission not to exceed the amount of salary paid to the person for the time during which the person was employed. The payment shall be required unless the assignment is made with justification satisfactory to the commission. All amounts received under this subsection shall be credited to the Basic School Support Fund. 6) An education service district shall be required under subsection ( 5) of this section to pay a penalty of not more than $ 1, 000 if the license has lapsed during the time of employment with the district and the holder had at the time the license expired all the qualifications necessary to renew the license. 7) Subject to any applicable collective bargaining agreement, an education service district required to pay any penalty under subsection ( 6) of this section is entitled to recover one -half of the amounts paid from the licensed personnel whose unlicensed status caused the payment. Recovery shall not exceed one -half of the amount paid that is attributable to the licensed person. 8) The Teacher Standards and Practices Commission shall notify districts of the licensing expiration dates of their employees who are reported to the commission. The reporting shall be done in a manner specified by the commission. 9) Subject to any applicable collective bargaining agreement, a district required to forfeit any basic school support funds under subsection ( 2) of this section is entitled to recover one -half of the amounts forfeited from the licensed personnel whose unlicensed status caused the forfeiture. Recovery shall not exceed one -half of the amount forfeited that is attributable to the particular licensed person. 10) A school district or education service district that assigns a teacher to be present in the classroom during a live, interactive distance learning presentation shall not be subject to the forfeiture described in subsection ( 1) of this section solely because the assi ment does not conform to the terms specified on the license of the teacher Employment of unlicensed teacher by certain state institutions prohibited. No Department of Corrections institutions, juvenile training schools and camps as defined in ORS and institutions for mentally deficient as listed in ORS shall employ persons regularly as teachers who are not licensed. ( 1975 c.278 7; 1987 x Note: was enacted into law by the Legislative Assembly and was not added to or made apart of ORS chapter 342 by legislative action. See Preface to Oregon Revised Statutes for further explanation Grounds for discipline; reinstatement. ( 1) The Teacher Standards and Practices Commission may suspend or revoke the license of a teacher or administrator, discipline a teacher or administrator or suspend or revoke the right of any person to apply for a license if the person has held a license at any time within five years prior to issuance of the notice of charges under ORS based on the following: a) Conviction of a crime not listed in subsection ( 2) of this section; b) Gross neglect of duty; c) Any gross unfitness; d) Conviction of a crime for violating any law of this or any state or of the United States involving the illegal use, sale or pos- session of controlled substances; e) Any false statement knowingly made in an application for issuance, renewal or reinstatement of a license; or f) Failure to comply with any condition of reinstatement under subsection ( 3) of this section or an ORS y3 )(b). condition of probation under 2) The commission shall revoke any license and shall revoke the right of any person to apply for a license if the person has held a license at any time within five years prior to issuance of the notice of charges

207 EDUCATION AND CULTURAL FACILITIES under ORS when the holder or person after August 20, 1957, has been convicted of a violation of ORS , , , , , , , , , , ( 1981 Replacement Part), , , , , , , , , , or or after July 8, 1987, has been convicted of a crime listed in ORS , , , ( 1985 Replacement Part), , , or ) Any person whose license has been suspended or revoked or whose privilege to apply for a license has been revoked may apply to the commission for reinstatement of the license after one year from the date of the suspension or revocation. However, a person whose license has been revoked under subsection ( 2) of this section shall not apply for reinstatement until after expiration of the sentence or parole or probationary period imposed upon conviction, whichever is the shorter. The commission may require an ap- plicant for reinstatement to furnish evidence satisfactory to the commission of good moral character, mental and physical health and such other evidence as the commission may consider necessary to establish the applicant' s fitness. The commission may impose a probationary period and such conditions as it considers necessary upon approving an application for reinstatement. 4) Violation of standards adopted by the commission relating to competent and ethical performance of professional duties shall be admissible as evidence of gross neglect of duty or gross unfitness. 5) A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of a conviction described in this section. Formerly ; 1965 c ; 1971 x ; 1973 c228 1; 1979 x226 1; 1979 c.226 1; 1979 c.307 3a; 1987 c ; 1987 e.503 7; 1991 c.662 1] Preliminary investigation of complaint; materials confidential; notice whether hearing justified. (1) Upon receipt of a complaint or information that a person has violated ORS or , the Teacher Standards and Practices Commission shall promptly undertake an investigation. 2) The commission may appoint an investigator and shall furnish the investigator with appropriate professional and other spe- cial assistance reasonably required to conduct the investigation, and the investigator is empowered to subpoena witnesses over the signature of the executive secretary, swear witnesses and compel obedience in the same manner as provided under ORS ( 2). 3) Following completion of the investigation, the executive secretary shall report in writing any findings and recommendations to: a) The commission, meeting in executive session, at its next regular meeting following completion of the investigation; and b) The person against whom the charge is made. 4) The documents and materials used in the investigation and the report of the exec- utive secretary are confidential and not subject to public inspection unless the commission makes a final determination that the person charged has violated ORS or ) If the commission finds from the re- port that there is sufficient cause to justify holding a hearing under ORS , it shall notify in writing: a) The person charged, enclosing a statement of the charges and a notice of op- portunity for hearing; b) The complainant; and c) The employing district, if any. 6) If the commission finds from the report that there is not sufficient cause to jus- tify holding a hearing under ORS , it shall notify in writing: a) The person charged; b) The complainant; and c) The employing district, if any. 7) Notwithstanding ORS ( 4), the commission may make its findings under this section in executive session. However, the provisions of ORS ( 3) apply to such sessions. [ 1979 c.226 2; 1987 x503 2; 1989 c.149 l; 1991 c Hearing and decision on charges. ( 1) The hearing may be before the Teacher Standards and Practices Commission or may be before three or more members thereof, designated by the commission. A member or a hearing officer, either of whom is appointed by the commission, shall preside at hearings. The hearing shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the district which employs the person shall not be permitted to attend an hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The person against whom the charge is made shall have the right to be represented by counsel and to present evidence and argument. The evidence must be confined to the charges ) The commission or the person charged may have subpoenas issued to compel attendance at the hearing. The person charged may have subpoenas issued by an attorney of record subscribed by the signature of the

208 TEACHERS AND OTHER SCHOOL PERSONNEL attorney or by the executive secretary. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS ( 2). The commission or the person charged shall have the right to compel the attendance and obedience of witnesses in the same manner as provided under ORS ( 2). 3) The commission shall render its deci- sion at its next regular meeting following the hearing. If the decision of the commission is that the charge described in ORS ( 1) has been proven, the commission may take any or all of the following disciplinary action against the person charged: a) Issue a public reprimand. b) Place the person on probation for a period not to exceed four years and subject to such conditions as the commission consid- ers necessary. c) Suspend the license of the teacher or administrator for a period not to exceed one year. d) Revoke the license of the teacher or administrator. cense. e) Revoke the privilege to apply for a li- 4) If the decision of the commission is that the charge is not proven, the commission shall order the charges dismissed. 5) The commission shall notify in writing the person charged, the school district by which the person is employed and the Superintendent of Public Instruction of the decision. [ 1965 c ; 1965 c ; 1973 c.228 2; 1979 c.226 3; 1989 c ; 1991 c Appeal. ( 1) Any person whose license has been suspended or revoked or who has been disciplined, or who has been refused issuance or reinstatement of a license, and is aggrieved at the decision of the commission, may appeal in the manner provided in ORS ) If the Superintendent of Public Instruction or the district school board employing the teacher or administrator is aggrieved at the decision of the commission, either or both may appeal from the decision in the manner provided in ORS ) Unless the decision of the commission is accompanied by a finding that immediate suspension or revocation of the teaching li- cense is necessary to protect the safety and well -being of students, an appeal made under this section in a proceeding to suspend or revoke shall operate as a stay of the suspension or revocation, if any, until the determination of the appeal. [ Formerly ; 1965 c , [ 1961 c.677 3; 1965 c ; repealed by 1973 x Administrative Procedure Act not applicable to proceedings for reinstatement, revocation or suspension. Except as otherwise specifically provided, ORS to do not apply to proceedings under ORS , and [ 1961 x677 4; 1965 c ; 1973 c Teaching licenses based on ex- perience in certain federal programs. Upon payment of the required fees, an otherwise qualified applicant for a basic teaching license for secondary education or a restricted teaching license for elementary education who is unable to meet requirements under ORS ( 2) shall be granted the license upon showing by proof satisfactory to the Teacher Standards and Practices Commission that the applicant has completed under an Armed Forces of the United States or Peace Corps program, or as a volunteer under section 603 of the Economic Opportunity Act of 1964 ( Public Law ), two years of satisfactory service which empha- sized teaching in any of grades preprimary through 12 in subjects regularly taught in public schools if the applicant either: 1) Has completed an approved teacher education program; or 2) Has at least the baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program. [ 1967 c.304 2; 1973 c Administrative licenses based on professional skills and experience. In order to allow the school districts of the state to take full advantage of various professional skills and disciplines not directly developed through teaching experience or professional education for which teaching experience is a prerequisite, it is the public policy of the State of Oregon that the Teacher Standards and Practices Commission, in establishing professional requirements and experience under ORS , shall consider professional skills, education and experience not directly related to, nor contingent upon, teaching experience or training as a classroom teacher. [ 1971 x570 1; 1973 c Circulation of list of teachers and administrators subjected to discipline. ( 1) Annually not later than March 1, the Teacher Standards and Practices Com- mission shall cause to be circulated among all of the common and union high school districts in this state a list of all teachers and administrators whose teaching licenses have been suspended or revoked or who have

209 EDUCATION AND CULTURAL FACILITIES been reprimanded or placed on probation during the preceding 12 months. 2) If the decision of the commission is appealed, the teacher' s or administrator's name shall not be placed on the list authorized by subsection ( 1) of this - section unless and until such decision has been sustained by the Court of Appeals or until the appeal has been dropped. [ 1973 c [ Repealed by 1965 c [ Amended by 1955 x281 l; 1959 x433 l; repealed by 1965 c [ Repealed by 1957 c [ 1957 c.590 2; repealed by 1965 c [ 1961 c.69 2, 3; repealed by 1965 c [ Amended by 1957 c.591 2; repealed by 1965 c [ Amended by 1957 c.591 3; repealed by 1965 c [ Amended by 1957 c ; repealed by 1965 c [ Amended by 1959 c.433 2; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1957 c. 211 l; repealed by 1965 c [ 1955 c.281 3; repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1953 c.638 2; 1959 c.400 4; repealed by 1965 c TEACHER STANDARDS AND PRACTICES COMMISSION Definitions for ORS and to As used in ORS and to , unless the context requires otherwise: 1) " Administrator" means any person who holds an Oregon administrative license and is currently employed in a capacity which requires the holding of such license. 2) " Board" means the State Board of Education. 3) " Commission" means the Teacher Standards and Practices Commission. 4) " Teacher" means any person who holds an Oregon teaching license and who is currently empployed in a position which requires the holding of such license, but does not require holding an administrative license. [ 1965 c.535 l; 1975 e278 3; 1991 c Commission established; confirmation; term; vacancy; effect of change in circumstances. ( 1) There is created a Teacher Standards- and Practices Commission consisting of 17 members appointed by the Governor subject to confirmation by the Senate in the manner provided in ORS and ) The term of office of a member is three years. Before the expiration of the term of a member, the Governor shall appoint a successor to assume the duties on January 1 next following. A member is eligg1 ble for reappointment but only for one additional term. In case of a vacancy for any cause, the Governor shall make an appoint- ment to become immediately effective for the unexpired term. 3) Any member who through change of employment standing or other circumstances no longer meets the criteria for the position to which the member was appointed shall no longer be eligible to serve in that position, and the position on the commission shall be- come vacant 60 days following the member' s change in circumstances. [ 1965 c.535 2; ] 973 c ; 1975 x278 4; Members; cations. ( 1) The membership of the eacher Standards and Practices Commission shall consist of: a) Four elementary teachers; b) Four junior or senior high school teachers; c) One elementary school administrator; d) One junior or senior high school ad- ministrator; e) One superintendent of city schools; f) One county superintendent or a superintendent employed by an education service district board; g) One member from the faculty of an approved private teacher education institution in Oregon; h) One member from the faculty of a state institution of higher education; i) One member who is also a member of a district school board; and 0) Two members of the general public. 2) Except for those members appointed under paragraphs ( i) and 0) of subsection ( 1) of this section, members must have been actively engaged in teaching, supervising or administering in the public schools or in ap-

210 TEACHERS AND OTHER. SCHOOL PERSONNEL proved teacher education institutions in Oregon for the period of five years immediately preceding appointment. Acting as an elected representative of teachers, supervisors or administrators shall be considered teaching, supervising or administering for the purposes of the five -year experience re- quirement. In addition, members appointed under paragraphs ( a) to ( f) of subsection ( 1) of this section must hold valid Oregon teaching licenses other than restricted teaching licenses. 3Xa) Throughout the term for which ap- pointed, one of the members appointed under paragraphs ( a) to ( j) of subsection ( 1) of this section must hold a teaching license with an indorsement in some aspect of special education or have demonstrated knowledge or experience in special education. b) As used in this subsection, " special education" means specially designed education to meet the goals of a handicapped learner's individual education plan including regular classroom instruction, instruction in physical education, home instruction, related services and instruction in hospitals, institutions and special schools. [ 1965 x535 3; 1973 c ; 1975 c.278 5; 1979 c.307 5; 1987 c.563 9; 1989 e244 1] [ L965 c ; 1975 c.278 6; repealed by 1979 c.307 8] Organization. ( 1) The commission shall select one of its members as chairperson, and another as vice chairperson, for such terms and with such powers and duties necessary for the performance of the functions of such offices as the commission shall determine. 2) A majority of the commission consti- tutes a quorum for the transaction of busi- ness. ( 1965 c.535 6] Meetings; expenses. ( 1) The commission shall meet at least once every six months at a place, day and hour determined by the commission. The commission shall also meet at such other times and places as are specified by the call of the chairperson or of a majority of the members of the commission. 2) A member of the commission who is employed at a public school or by a private teacher education institution or by a state institution of higher education shall receive no compensation for services as a member; but subject to any other applicable law regulating travel and other expenses for state officers, the member shall receive actual and necessary travel and other expenses incurred in the performance of official duties. 3) A member of the commission who serves on the commission in the capacity of a district school board member or as a mem- ber of the general public shall be entitled to compensation and expenses as provided in ORS [ 1965 c.535 7, 8; 1991 c WAN Licensing requirements for out -of -state applicants. (1) The commission shall not issue a license to an out -of -state applicant unless the applicant has met the professional requirements established by rule by the commission and has completed a course of study substantially similar to that required for an in -state applicant. 2) Notwithstanding subsection ( 1) of this section, if the commission establishes that the position or positions to be filled are in a geographic or sub' ect matter area in which there are an ins% cient number of in -state applicants, the commission may issue a license to an out -of -state applicant who has completed a course of study approved by the commission. 3) In situations described in subsection 2) of this section, the Teacher Standards and Practices Commission shall establish rules providing for equal treatment for graduates of approved Oregon colleges and universities. 4) Teachers granted licenses under subsections ( 2) and ( 3) of this section shall be required to meet all standards required of Oregon teachers, including the requirements of ORS , not later than three years following the date of initial granting of the license. [ 1965 c.535 9; 1973 c ; 1979 x307 6; 1981 c.663 5; 1987 x Executive secretary; employees. The commission shall appoint a qualified person as executive secretary and may, sub - ject to the State Personnel Relations Law, employ persons to provide such service as the commission shall require. [ 1965 aw 12; 1973 x Member's salary; reimbursement to district. ( 1) Membership on the commission shall not affect a member' s compensation from the employer of the member or any other benefits to which the member is entitled. 2) A school district required to employ a substitute for a teacher or administrator who is absent from employment while performing duties as a member of the Teacher Standards and Practices Commission shall be entitled to reimbursement for the district's actual expenses in employing the substitute. Reimbursement for the expense of employing such substitutes shall be made by the commission from the Teacher Standards and Practices Commission Account. [ 1965 c Teacher Standards and Practices Commission Account; appropriation. On or before the 10th day of each month, the Teacher Standards and Practices Commission shall pay into the State Treas

211 EDUCATION AND CULTURAL FACILITIES ury all moneys received under ORS during the preceding calendar month. The State Treasurer shall credit the moneys to the Teacher Standards and Practices Commission Account. The moneys in the Teacher Standards and Practices Commission Account are continuously appropriated to the commission for the purpose of paying its administrative expenses. [ 1965 x535 15; 1967 c.637 8; 1973 c NE NORITY TEACHER ACT Definitions for ORS to As used in ORS to and : 1) " Minority" means a person who is: a) A person having origins in any of the Black racial groups of Africa but who is not Hispanic; gin; b) A person of Hispanic culture or ori- c) A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or d) An American Indian or Alaskan Native having origins in any of the original peoples of North America. 2) " Teacher" includes administrator ,95 [ 1977 c.635 8; repealed by 1981 c Goals. The State of Oregon is committed to ethnic - racial equity and, therefore, it is the goal of the state that by the year 2001 the number of minority teachers, including administrators, employed by school districts and education service districts shall be approximately proportionate to the number of minority children enrolled in the public schools of this state. [ 1991 c A40 [ ; repealed by 1973 c Reports to legislature; comparative data; data collection. ( 1) The Oregon Office of Educational Policy and Planning shall report biennially to the Legislative Assembly longitudinal data on the number and percentage of- a) Minority students enrolled in commu- nity colleges; b) Minority students applying for admis- sion to public four -year institutions of higher education; c) Minority students accepted in public four -year institutions of higher education; d) Minority students graduated from public four -year institutions of higher education; e) Minority candidates seeking to enter public teacher education programs in this state; f) Minority candidates admitted to public teacher education programs; g) Minority candidates who have completed approved public teacher education programs; h) Minority candidates receiving Oregon teaching licenses based on preparation in this state and preparation in other states; i) Minority teachers who are newly employed in the public schools in this state; and 0) Minority teachers already employed in the public schools. 2) The office also shall report comparisons of minorities' and nonminorities' scores on basic skills, pedagogy and subject matter tests. 3) The Oregon State System of Higher Education, the Department of Education, the Teacher Standards and Practices Commission, community colleges and school districts shall cooperate with the Oregon Office of Educational Policy and Planning in collect - mg data and preparing the report. [ L991 c.434 3] 342A45 [ 1977 x635 9; renumbered Plans for recruitment, admis- sion, retention and graduation of minor- ity teachers. ( 1) The State Board of Higher Education shall require each public teacher education program in this state to prepare a plan with specific goals, strategies and deadlines for the recruitment, admission, retention and graduation of minority teachers. 2) The state board shall review the plans for the adequacy and feasibility of the plans and, after making necessary revisions, shall adopt the plans. erning: 3) The state board shall adopt rules gov- a) The contents of the plans; b) The state board' s initial and biennial review process, including timetables for revising plans; and c) Other matters necessary for carrying out the provisions of ORS to and [ 1991 c Short title. ORS to and shall be known and may be cited as the Minority Teacher Act of c A50 [ l; 1969 c.647 l; repealed by 1973 c ] SCHOOL NURSES Definition of " school nurse." School nurse" as used in ORS and , means a registered nurse who is certified by the Teacher Standards and Practices Commission as qualified to conduct and

212 TEACHERS AND OTHER SCHOOL PERSONNEL coordinate the health services programs of a school. [ Formerly [ 1965 c.390 2, 3; 1969 c.647 2; 1971 x755 3; repealed by 1973 c Rules; notice if action taken on license. ( 1) The Teacher Standards and Practices Commission shall make rules necessary for the issuance, denial, continuation, renewal, lapse or reinstatement of certificates issued under ORS ( 1) to (3) and for establishment and collection of fees for certification as a school nurse. The commission may adopt rules for revocation of a certificate issued under ORS ( 1) to ( 3) that are consistent with ORS to ) The Oregon State Board of Nursing shall notify the Teacher Standards and Practices Commission whenever the board takes any action on a license issued under ORS chapter 678 which might affect the ability of the license holder to practice as a sc ool nurse. [ Formerly [ 1965 c.390 4; 1969 c.647 3; 1971 c.755 4; repealed by 1973 c School nurses; certificates. ( 1) School nurse" is established as a category of specialization in nursing. 2) The Teacher Standards and Practices Commission shall issue a certificate as a school nurse to a person who complies with the rules established by the commission for the certification and practice of school nurs- ing or who has been certified by the Oregon State Board of Nursing as a school nurse practitioner. In establishing rules for the certification and practice of any specialization of school nursing, the commission shall consider the recommendations of the Oregon State Board of Nursing. 3) The commission may issue an emergency certificate that authorizes a person licensed as a registered nurse in this state who does not meet the requirements of subsection ( 2) of this section to practice as a school nurse. Such certificates shall be issued for a limited time as set by the com- mission. 4) Notwithstanding subsections ( 1) to ( 3) of this section, the commission shall issue a certificate in a school nurse specialization category to a registered nurse who applies for certification and who is employed by a school, school district or education service district to conduct and coordinate a school or district health services program or who serves in such a capacity on a voluntary basis on November 1, A certificate issued under this subsection shall be issued without further proof of qualification by the applicant. 5) A certificate issued under this section is not a teaching license. The nurse holding a certificate issued under this section is not subject to ORS or to Formerly [ ; repealed by 1973 c " Commission to consult with and advise Oregon State Board of Nursing on school nursing. The Teacher Standards and Practices Commission shall consult with and advise the Oregon State Board of Nursing on the qualifications and practices involved in school nursing. [ Formerly Holder of school nurse certificate qualified to conduct and coordinate health services program. ( 1) The holder of a school nurse certificate issued under ORS ( 1) to ( 3) is qualified to accept employment to conduct and coordinate the health services programs of any public school in the State of Oregon. A person licensed as a registered nurse may use the term " nurse" as part of a title when employed by a school. 2) No school or school district is required to employ as a nurse a )person certified under ORS ( 1) to ( 3). [ Formerly EMPLOYMENT OF TEACHERS Hiring of teachers. ( 1) Subject to subsection ( 2) of this section, the district school board, at a general or special meeting called for that purpose, may hire teachers and shall record such action in the minutes. The board shall make contracts with teach- ers that specify the wages, number of days to be taught and time employment is to begin, as agreed upon by the parties. The board shall cause the signed contracts to be filed in the office of the district school board and shall provide each teacher with a copy of the contract. If, however, the contract is for a term longer than one year, the method by which the wages are to be arrived at during the term of the contract may be specified. 2) No hiring or written contract of any teacher is valid unless the teacher, on or before the date employment is to begin, holds a valid teaching license. [ Amended by 1955 c.219 1; 1961 c.383 1; 1965 c rM [1957 c.446 1; 1965 c ; 1965 c ; repealed by 1973 c [ Amended by 1965 c ; renumbered Renewal or nonrenewal of contracts for following year. ( 1) Each district school board shall give written notice of the renewal or nonrenewal of the contract for the following school year by April 1 of each year to all teachers and administrators in its employ who are not permanent teachers. In case the district school board does not

213 EDUCATION AND CULTURAL FACILITIES renew the contract, the material reason therefor shall, at the request of the teacher or administrator, be spread upon the records of the school district and the board shall furnish a statement of the reason for nonrenewal to the teacher or administrator. If any district school board fails to give such notice by April 1, the contract shall be considered renewed for the following school year at a salary not less than that being received at the time of renewal. The teacher or ad- ministrator may bring an action of mandamus to compel the district school board to issue such a contract for the following school year. 2) This section is not effective unless teachers or administrators notify the board in writing on or before April 15 of acceptance or rejection of the position for the following school year. [ Formerly ; 1975 x770 47; Employment of relatives as teachers. No contract shall be made with any teacher who is related within the third degree of consanguinity as determined under the civil law to any member of the district school board without the concurrence of all the board members, by a vote duly entered on the records of the board's proceedings. Amended by 1965 c [ Amended by 1959 c.361 l; 1965 c ; renumbered [ Amended by 1965 c ; renumbered ] [ Amended by 1965 c ; 1967 c.324 l; 1969 c.84 l; repealed by 1973 x [ Amended by 1965 c ; repealed by 1969 c.84 2] [ Amended by 1965 c ; repealed by 1969 c.84 2] Termination of teacher' s contract; release. ( 1) Sickness or other unavoidable circumstances which prevent the teacher from teaching 20 school days immediately following exhaustion of sick leave accumulated under ORS shall be sufficient reason for the school board to place the teacher on leave without pay for the remainder of the rear school year and to terminate the teacher' s employment without penalty on August 1 if the school board determines that the teacher is unable to resume teaching responsibilities at the beginning of the next fall term. This subsection applies to teachers whose employ- ment is based either upon contract or tenure, or both. 2) A district school board may release a teacher from a contract by mutual agreement. No board is required to consider any resignation not in writing [ Formerly ; amended by 1969 c.106 l; 1977 c.860 2; 1979 c [ Repealed by 1965 c Resignation in violation of contract. ( 1) Any elementary or secondary teacher who has entered into a contract to teach in any public school and who resigns the position without first providing 60 days' written notice to the district superintendent or the notice required in the applicable collective bargaining agreement may have the teaching license of the teacher suspended for the remainder of the school year by the Teacher Standards and Practices Commission upon notice of the resignation from the district school board to the commission. The commission shall notify the teacher of the suspension of the teaching license held by the teacher. 2) Any teacher whose teaching license has been suspended under subsection ( 1) of this section may appeal to the Teacher Standards and Practices Commission within 20 days after the date of the notice of the suspension. The notice of appeal must be in writing and sent to the Teacher Standards and Practices Commission not later than one day following the 20 -day period. The Teacher Standards and Practices Commission shall fig the earliest possible date for a hearing on the suspension and shall notify the teacher and the district school board concerned. The decision of the Teacher Standards and Practices Commission is final. 3) If an appeal is made to the Teacher Standards and Practices Commission, suspension of the teaching license shall be stayed until the Teacher Standards and Practices Commission reaches a decision. Formerly ; 1975 c [ Repealed by 1965 c [ Amended by 1955 c.618 l; 1965 c ; renumbered ] [ Repealed by 1965 c [ Repealed by 1965 c [ Amended by 1955 c.618 2; 1965 c ; renumbered [ Repealed by [ Repealed by 1965 c [ Repealed by 1963 c TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL [ Amended by 1953 c.392 2; 1961 c.357 l; 1963 c.211 l; 1965 c ; 1975 c.431 l; repealed by 1977 c 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 employee' s illness or injury or as otherwise provided for by law or

214 TEACHERS AND OTHER SCHOOL PERSONNEL 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 days' sick leave at full pay for each school ear or one day per month employed, whicliever 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 employee' 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 Oregon districts. The accumulation shall not exceed that carried by the most recent employing district. However, the transfer of sick leave from another Oregon district shall not be effective until the school employee has completed 30 working days in the new district. 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 Oregon district employer. [ 1957 c.457 l; 1963 c.122 1; 1965 x ; 3965 c.183 1; 1977 c.860 3; 1991 C.599 1] Insurance, medical and hospital service contracts covering school em- ployees. ( 1) Any district school board may enter into contracts of insurance or medical and hospital service contracts covering their employees for remedial care and hospital benefits. Failure to procure 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. 2) 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 the state. 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. [ 1965 c.254 1] Inservice first aid training credit for first aid. A school district employing a teacher who holds a recognized first aid card and who undergoes training to cause the renewal thereof shall receive inservice training credit from the district for such training. ( 1977 c [ Amended by 1955 c.101 2; 1961 c x544 50a; 1965 c ; 1965 c.216 1; repealed by 1967 c ( enacted in lieu of )] [ 1967 c ( enacted in lieu of ); 1975 c.278 8; 1975 c a; 1981 c repealed by 1983 x [ Formerly ; 1965 c ; repealed by 1973 c Standard form for reporting salaries and other benefits. In reporting the compensation of school district employ- ees, the Department of Education shall prepare a standard form for the purpose of reporting the salary plus other benefits including heir dollar value. [ 1971 c.519 2; 1989 c ] [ Repealed by 1965 c Working hours for licensed personnel; duty -free lunch period required; exception. ( 1) School boards shall fix the working hours for full-time and part - time licensed staff members. They shall direct that full-time staff members be provided a time for a 30- minute continuous duty -free lunch period during the regularly scheduled lunch hours. 2) Any school principal who fails to schedule a continuous 30- minute duty -free lunch period in accordance with this section shall be guilty of neglect of duty under ORS ) No teacher shall by oral orders or written agreement fail to receive a 30- minute lunch period ) School boards shall not be required to employ special personnel to supervise students during lunch periods. 5) This section does not apply in school buildings where fewer than three teachers are employed. [ 1971 c Opportunity to qualify to assist non - English speaking students at no cost. ( 1) All school districts providing courses pursuant to ORS shall afford the licensed personnel of that district that are assigned to perform teaching duties for such courses an opportunity to qualify to as-

215 EDUCATION AND CULTURAL FACILITIES sist non - English speaking students to learn English at no cost to the personnel. 2) Nothing in this section prevents a district from employing licensed personnel who are qualified to teach courses under ORS [ 1977 x Minimum salary for substitute teachers. ( 1) Teachers employed as substitute teachers shall not be paid less per day than 75 percent of 1/ 190th of the salary of a beginning teacher who holds a bachelor' s degree. The salary of the substitute teacher shall be computed as required in this subsection based on the statewide average salary for beginning teachers who hold bachelors' degrees. The Department of Education shall compute the statewide average salary to be used for purposes of this subsection, using the latest data available to the department, but not data from earlier than the preceding school year. 2) The school district shall set the working hours for a substitute teacher, and, when employed, shall pay the substitute teacher a salary which is no less than onehalf of the daily minimum salary as com- puted under subsection ( 1) of this section. However, if the substitute teacher is em- ployed for more than one -half day, the substitute teacher shall receive a full day's pay. 3)( a) Notwithstanding subsection ( 1) of this section, teachers employed as substitute teachers for more than 10 consecutive school days in any one assignment for the same teacher shall not be paid after the 10th day of the assignment less per day than 100 per- cent of 1/ 190th of the statewide average salary computed in subsection ( 1) of this section for districts with no salary scale; or, for districts with a salary scale, 1/ 190th of the employing school district' s salary for a beginning teacher who holds a bachelor' s de- gree. b) Weekends, school holidays and days when schools are closed by weather or other conditions and when teachers are not required to appear in person at the school shall not be considered in determining consecutive school days for purposes of this subsection. c) When substituting for a part -time teacher, the part of the day worked by the substitute shall count as a full day in determining consecutive school days for purposes of this subsection. 4) Subsections ( 1) to ( 3) of this section do not apply to substitute teachers represented in a bargaining unit in the school district by which they are employed. [ Amended by 1955 c.130 1; 1957 c.262 c. 1; 1965 x ; 1967 c.625 U; 1971 c.536 l; 1977 c.531 l; 1979 c.167 l; 1987 x402 l; 1991 c.198 1] Contracts with teachers for return of part of salary prohibited. No district shall enter into a contract with any teacher whereby the teacher shall return to the district any part of the salary of the teacher. If any board and teacher enter into such contract, the contract is void and the teacher' s teaching license shall be revoked. Formerly ; 1967 c [ Amended by 1965 c ; repealed by 1979 c Notice of reasonable assurance of continued employment; effect of failure to give notice. ( 1) Each school district shall give an individual, written notice of reasonable assurance of continued employment to all 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 ve 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 " school employee" includes all employees of a public school district except those for whom a teaching license is required as a basis for employment in a public school district. [ [ Repealed by 1979 c [ Repealed by 1979 c [ Repealed by 1965 c a5 [Amended by 1957 c.443 l; 1965 c ; renumbered & 10 [ Amended by 1965 x ; 1965 c.163 l; renumbered ] [Amended by 1953 c.36 2; 1959 c.441 1; 1965 c ; renumbered Wearing of religious dress prohibited. No teacher in any public school shall wear any religious dress while engaged in the erformance of duties as a teacher Amended -by 1965 c Sanctions against teacher violating ORS Any teacher violating the provisions of ORS shall be suspended or dismissed from employment by the district school board. The suspension or dismissal is not subject to ORS to The board shall report its action to the Teacher Standards and Practices Commission which may suspend or revoke the teacher' s teaching certificate. [ Amended by 1965 c ; 1987 x

216 TEACHERS AND OTHER SCHOOL PERSONNEL AM [ Repealed by 1965 c Hearing on demotion or dismissal of certain district employees. ( 1) As used in this section " school employee" includes all employees of a public school district except those for whom a teaching license is required as a basis for employment in a public school district. 2) A 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. [ 1969 c.266 l, 2, ,866 [ Amended by 1961 c.204 l; repealed by 1965 c [ Repealed by 1965 c (Repeated by 1965 c [ Repealed by 1965 c [ Repealed by 1965 c [ 1971 x582 l; repealed by 1973 c [ 1971 c.582 2, 7; repealed by 1973 c [ 1971 c.582 3; repealed by 1973 c [ 1971 c.582 4; repealed by 1973 c [ 1971 c.582 5; repealed by 1973 c [ 1971 c.582 6; repealed by 1973 c ( 1971 c.582 8; repealed by 1973 c ( 1971 x582 9; repealed by 1973 c BEGINNING TEACHER SUPPORT PROGRAM (MENTOR) Definitions for ORS to As used in ORS to , to and to : who: 1) " Beginning teacher" means a teacher a) Possesses a teaching license issued by the Teacher Standards and Practices Com- mission; b) Is employed at least half time, primarily as a classroom teacher, by a school district; and c) Has taught fewer than 90 consecutive days, or 180 days total, as a licensed teacher in any public, private or state - operated school. 2) " District" means a school district or an education service district, or any legally constituted combination of such districts. 3) " Formal assistance" means a program provided by a mentor teacher to a beginning teacher that includes, but is not limited to, direct classroom observation and consultation; assistance in instructional planning and preparation; support in implementation and delivery of classroom instruction; and other assistance intended to enhance the professional performance and development of the beginning teacher. who: 4) " Mentor teacher" means a teacher a) Possesses a basic or standard teaching personnel service or administrative license issued by the Teacher Standards and Practices Commission; b) Is employed at the time of selection under contract primarily as a classroom teacher by a school district in this state; c) Has successfully taught for three or more years as a licensed teacher in any pub- lic school; d) Has been selected and trained as described in ORS ; and e) Has demonstrated mastery of teaching skills and subject matter knowledge. 5) " Teacher" means a licensed employee of a common or union high school district or an employee of an education service district who has direct responsibility for instruction, coordination of educational programs or supervision of teachers and who is compensated for services from public funds. Teacher" does not include a school nurse as defined in ORS or a person whose duties require an administrative license. ( 1987 c ; 1989 c Findings. The Legislative Assembly finds that: 1) The quality of teaching in the public schools is of vital importance to the future of this state; 2) This state has a special interest in insuring that the induction of beginning teachers into their profession is conducive to their professional growth and development; and 3) The formal assignment of mentor teachers who have demonstrated mastery of teaching skills and subject matter knowledge should substantially improve the induction and professional growth of beginning teachers in this state, as well as provide mentor teachers with additional and valuable opportunities to enhance their own professional' growth. [ 1987 x Program purpose; eligibility; availability of funding. (1) The State Boardl of Education shall establish a beginning teacher support program to provide eligible beginning teachers in this state with continued and sustained support from a formally" assigned mentor teacher. 2) After the school year, any district is eligible to participate in the beginning teacher support program.

217 EDUCATION AND CULTURAL FACILITIES 3) Two or more districts may operate jointly a beginning teacher support program if they meet all the requirements of ORS to , to and to ) Educational consortia established for approved teacher education programs pursuant to rules of the Teacher Standards and Practices Commission are eligible to operate a beginning teacher support program to serve beginning teachers in a participating school district if: a) All moneys received as grants -in -aid for the beginning teacher support program are administered by the participating school district to provide direct services to beginning teachers; and b) All other requirements of ORS to , to and to are met. 5) To the extent practicable, school districts may coordinate with institutions of higher education in the design, implementation and evaluation of mentorship programs. 6) All programs in ORS to , to and to are subject to the availability of funds appropriated therefor. [ 1987 c , 28, 1989 c.1s District application; information required. Each district that wishes to participate in the beginning teacher support program shall submit a formal application to the Department of Education no later than October 1 of each school year, according to rules of the state board. By that date, districts shall inform the department of: 1) The names of all eligible beg nn ng teachers employed by the district and a description of their teaching assignments and extracurricular duties; 2) The names of mentor teachers selected by a district and a description of their teaching assignments and the indorsement area in which they are licensed to teach; 3) A description of the content and cal- endar of the proposed beginning teacher sup- port program. The program must provide a minimum of 90 hours of direct contact between mentor teachers and beginning teachers, including observation of or assistance with classroom teaching, or both, during the school day; 4) A description of the amount and nature of each eligible beginning teacher' s classroom and extracurricular duties and assurance that these duties are not unreasonable for a beginning teacher; and 5) A certification that no eligible beginning teacher is or may be misassigned outside the teacher' s indorsement area, except as provided for by rules of the Teacher Standards and Practices Commission. [ 1987 c ; 1989 c Grants -in -aid; amount; distribution procedure. ( 1) Subject to ORS to , the Superintendent of Public Instruction shall distribute grants -inaid to eligible districts to offset the costs of beginning teacher support programs. A qualifying district shall receive annually $ 3, 000 for each full-time equivalent beginning teacher approved for support. 2) The Superintendent of Public Instruction shall distribute at least three- fourths of the allocation due to each eligible district no later than February 1 of each fiscal year and the remainder when all required final reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year. 3) If the funds are insufficient for all eligible proposals, the department shall award grants on a competitive basis taking into consideration school district size and geographic location. 4) Notwithstanding ORS ( 1), if a participating district hires a beginning teacher after its program has been approved, the district shall be eligible to receive, for each beginning teacher in addition to those named in the application, a per teacher grant -in -aid that is prorated to the remaining length of the school year, if all other requirements of ORS to , to and to are met, and if funds are available. 5) The State Board of Education may adopt such rules as it considers appropriate for the distribution of grants -in -aid under this section. 6) A district that is determined by the Department of Education to be in violation of one or more of the requirements of ORS to , to and to may be required to refund all grants -in -aid moneys distributed under ORS to , to and to The amount of penalty shall be determined by the State Board of Education. [ 1997 c , 22; 1989 e Training for mentors and beginning teachers. After consulting with representatives of teachers, administrators, school boards, schools of education, Teaching Research Division of the State System of Higher Education and such others as it considers appropriate, the Department of Education shall develop or approve workshops to provide training for mentor teachers and beginning teachers in programs eligible for grants -in -aid under ORS to ,

218 TEACHERS AND OTHER SCHOOL PERSONNEL to and to c Mentor teachers; selection; stipend; effect on other teachers. The selection, nature and extent of duties of mentor teachers shall be determined by the school district. The following guidelines shall apply: 1) No teacher shall be designated as a mentor teacher unless willing to perform in that role; 2) No mentor teacher shall participate in the evaluation of beginning teachers for purposes of actions taken under ORS to ; 3) Each mentor teacher shall complete successfully a training workshop provided or approved by the Department of Education while participating in the beginning teacher support program; 4) The stipend received for each beginning teacher may be used by the district to compensate teachers who act as mentor teachers in addition to their regular duties or to compensate other individuals assigned duties to provide release time for teachers acting as mentor teachers; and 5) If a mentor teacher receives additional release time to support a beginning teacher, it is expected that the total work- load of other teachers regularly employed by the school district should not increase In any substantial manner. [ 1987 x896 20; 1989 c Evaluation of programs. The Department of Education shall be responsible for the regular and ongoing evaluation of programs under ORS to , to and to and may contract for such evaluation. The evaluation shall include, but not be limited to, assessments of the following: 1) A survey and follow -up of all eligible mentor teachers and beginning teachers and appropriate district officials, to assess satisfaction with and the effectiveness of the beginning teacher support program; 2) The amount and quality of the contact time between mentor teachers and beginning teachers; 3) The effectiveness of workshops and other training required under ORS to , to and to ; 4) The effectiveness of the mentor program in enhancing the professional development and retention of new teachers in the district; 5) The desirability of extending this assistance program to students participating in graduate level teacher preparation programs similar to those which have been proposed by the Department of Higher Education; and 6) The desirability of extending this assistance program to all probationary teachers. [ 1987 c ; 1991 c [ 1987 x896 23; 1989 c FAIR DISMISSAL LAW Short title. ORS to shall be known as the Fair Dismissal Law. [ 1965 c.608 l; 1971 c.570 2; 1977 x Definitions for ORS to As used in ORS to unless the context requires otherwise: 1) " Administrator" includes any teacher the majority of whose employed time is de- voted to service as a supervisor, principal, vice principal or director of a department or the equivalent in a fair dismissal district but shall not include the superintendent, deputy superintendent or assistant superintendent of any such district or any substitute or temporary teacher employed by such a dis- trict. 2) " Board" means the board of directors of a fair dismissal school district. 3) " District superintendent" means the superintendent of schools of a fair dismissal district or, in the absence of the superintendent, the person designated to fulfill the superintendent' s functions. 4) " Fair dismissal district" means any common or union high school district or education service district. 5) " Permanent teacher" means any teacher who has been regularly employed by a fair dismissal district for a period of not less than three successive school years and who has been reelected by the district after the completion of such three -year period for the next succeeding school year. 6) " Probationary teacher" means any teacher employed by a fair dismissal district who is not a permanent teacher. 7) " Substitute teacher" means any teacher who is employed to take the place of a probationary or permanent teacher who is temporarily absent ) " Teacher" means any person who holds a teacher' s license as provided in ORS or who is otherwise authorized to teach in the public schools of this state and who is employed half time or more as an in- structor or administrator. 9) " Temporary teacher" means a teacher employed to fill a position designated as temporary or experimental or to fill a vacancy which occurs after the opening of school because of unanticipated enrollment or because of the death, disability, retire-

219 EDUCATION AND CULTURAL FACILITIES ment, resignation, or dismissal of a permanent or probationary teacher. [ 1965 c.608 2; 1971 c ; 1977 c.880 l; 1977 c.881 2; 1979 c.668 1; 1981 c [ 1965 c.608 3; 1973 c.298 l; repealed by 1977 C Probationary teacher. ( 1) The district board of any fair dismissal district may discharge or remove any probationary teacher in the employ of the district at any time during a probationary period for any cause considered in good faith sufficient by the board. The probationary teacher shall be given a written copy of the reasons for the dismissal, and upon request shall be provided a hearing thereon by the board, at which time the probationary teacher shall have the opportunity to be heard either in person or by a representative of the teacher' s choice. 2) For any cause it may deem in good faith sufficient, the district board may refuse to renew the contract of any probationary teacher. However, the teacher shall be entitled to notice of the intended action by April 1, and upon request shall be provided a hearing before the district board. Upon request of the probationary teacher the board shall provide the probationary teacher a written copy of the reasons for the nonrenewal, which shall provide the basis for the hearing. 3) If an appeal is taken from any hearing, the appeal shall be to the circuit court for the county in which the headquarters of the school district is located and shall be limited to the following: a) The procedures at the hearing; b) Whether the written copy of reasons for dismissal required by this section was supplied; and c) In the case of nonrenewal, whether notice of nonrenewal was timely given. [ 1965 c.608 4; 1971 c.570 4; 1975 c.727 1; 1979 c714 2; 1981 c Determination of length of service for probationary teacher. For pur- poses of determining length of service for a probationary teacher, a teacher employed for 135 consecutive days in any school year shall receive credit for a full year of employment. At least 30 consecutive days of employment in the same district in a successive year shall be sufficient to keep the service intact, and the teacher shall not lose credit for pre- vious probationary years served. [ 1981 c Note: was enacted into law by the Legislative Assembly and was added to to but was not added to or made a part of to by legislative action. See Preface to Oregon Revised Statutes for further explanation Permanent teacher; permanent part -time teacher; effect of program transfer. (1) A permanent teacher shall not be subjected to the requirement of annual appointment nor shall the teacher be dismissed or employed on a part -time basis without the consent of the teacher except as provided in ORS to ) Notwithstanding subsection ( 1) of this section, a part -time permanent teacher attains permanent status at not less than half time but less than full time and may be assigned within those limits by the school district. The assignment of a permanent part -time teacher is not subject to the procedures specified in ORS to A permanent part -time teacher who accepts a full -time assignment shall be considered a permanent teacher for purposes of the as- signment. 3) Except as provided in ORS , no permanent teacher who has served as an administrator in a particular position for a period of three successive years shall be transferred to a lower paying position as an administrator or to a nonadministrative position without the consent of the teacher except for the reasons for which a permanent teacher may be dismissed as provided in ORS to and in accordance with the procedures set forth in ORS to pursuant to which a permanent teacher may be dismissed. 4) No teacher shall be deprived of employment status solely because the duties of employment have been assumed or acquired by another school district or education service district in a state reorganization of a regional special education program. Where such reorganization occurs, a teacher shall be transferred to the employment of the school district or education service district which assumed or acquired program respon- sibilities. The teacher shall be allowed to transfer accrued sick leave and experience status to the new district. However, the district to which the programs are transferred is obligated to hire displaced employees only to the extent that such would complement a cost effective staffing plan in the reorganized program. [ 1965 c.608 5, 6; 1977 x880 2; 1983 x554 t" 1; 983 s.s. c Teacher evaluation; form; personnel file content. ( 1) The district superintendent of every school district, including superintendents of education service districts, shall cause to have made at least annually but with multiple observations an evaluation of performance for each probationary teacher employed by the district and at least biennially for any other teacher. The purpose of the evaluation is to allow the teacher and the district to determine the teacher' s development and growth in the teaching profession and to evaluate the performance of the teaching responsibil

220 TEACHERS AND OTHER SCHOOL PERSONNEL ities. A form for teacher evaluation shall be prescribed by the State Board of Education and completed pursuant to rules adopted by the district school board. 2)(a) The district school board shall develop an evaluation process in consultation with school administrators and with teachers. If the district' s teachers are represented by a local bargaining organization, the board all consult with teachers belonging to and appointed by the local bargaining organization in the consultation required by this paragraph. b) The district school board shall implement the evaluation process that includes: A) The establishment of ' ob descriptions and performance standards which include but are not limited to items included in the job description; B) A preevaluation interview which includes but is not limited to the establishment of performance goals for the teacher, based on the job description and performance standards; C) An evaluation based on written criteria which include the performance goals; and D) A post - evaluation interview in which i) the results of the evaluation are discussed with the teacher and ( ii) a written program of assistance for improvement is established, if one is needed to remedy the problem. c) Nothing in this subsection is intended to prohibit a district from consulting with any other individuals. 3) Except in those districts having an average daily membership, as defined in ORS , of fewer than 200 students, the person or persons making the evaluations must hold teaching licenses. The evaluation shall be signed by the school official who supervises the teacher and by the teacher. A copy of the evaluation shall be delivered to the teacher. 4) The evaluation reports shall be maintained in the personnel files of the district. 5) The evaluation report shall be placed in the teacher' s personnel file only after reasonable notice to the teacher. 6) A teacher may make a written statement relating to any evaluation, reprimand, charge, action or any matter placed in the teacher' s personnel file and such teacher' s statement shall be placed in the personnel file. 7) The personnel file shall be open for inspection by the teacher, the teacher' s designees and the district school board and its designees. District school boards shall adopt rules governing access to personnel files, including rules specifying whom school officials may designate to inspect personnel files. 8) The teacher evaluation procedures mandated by subparagraphs ( A) to ( D) of paragraph (b) of subsection ( 2) of this section shall be enforced by the Superintendent of Public Instruction pursuant to ORS c.570 5; 1973 x298 3; 1973 c.458 1; 1977 c.881 3; 1979 x598 1; 1979 c.668 2a; 1987 c.663 1; 1989 c [ 1965 x608 8; repealed by 1971 c Grounds for dismissal of permanent teacher. ( 1) No permanent teacher shall be dismissed except for: a) Inefficiency; b) Immorality; c) Insubordination; d) Neglect of duty; e) Physical or mental incapacity; f) Conviction of a felony or of a crime involving moral turpitude; g) Inadequate performance; h) Failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth; or i) Any cause which constitutes grounds for the revocation of such permanent teacher' s teaching license. 2) In determining whether the profes- sional performance of a permanent teacher is adequate, consideration shall be given to regular and special evaluation reports pre- pared in accordance with the policy of the employing school district and to any written standards of performance which shall have been adopted by the board. 3) Suspension or dismissal on the grounds contained in paragraph ( e) of subsection ( 1) of this section shall not disqualify the teacher involved for any of the benefits provided in ORS to , to or [ 1965 c.608 9, 19; 1973 x298 4; 1977 c.860 4, 1981 x Suspension; reinstatement. Whenever a district superintendent has reason to believe that cause exists for the dismissal of a permanent teacher on any ground specified in ORS ( 1)( b) to ( f), and when the district superintendent is of the opinion that immediate suspension of the teacher is necessary for the best interest of education in the district, the district superintendent may suspend a permanent teacher from the position without prior notice to the teacher. The teacher' s salary shall continue during the first five days of the suspension period. However, within five days after such suspension becomes effective, either procedure shall be commenced for the dismissal

221 342$ 85 EDUCATION AND CULTURAL FACILITIES of the teacher pursuant to the provisions of ORS to or the teacher must be reinstated. [ 1965 c.608 7; 1971 x570 6; 1977 c [ 1965 x608 10; repealed by 1973 c Procedure for dismissal of permanent teacher. ( 1) Authority to dismiss a permanent teacher is vested in the district school board subject to the provisions of the fair dismissal procedures of ORS to and only after recommendation of the dismissal is given to the district school board by the superintendent. 2) At least 20 days before recommending to a board the dismissal of the permanent teacher, the district superintendent shall give written notice to the permanent teacher y certified mail or delivered in person of the intention to make a recommendation to dismiss the teacher. The notice shall set forth the statutory grounds upon which the superintendent believes such dismissal is justified, and shall contain a plain and concise state- ment of the facts relied on to support the statutory grounds for dismissal. If the statutory grounds specified are those specified in ORS ( 1)( a), ( c), ( d), ( g) or ( h), then evidence shall be limited to those allegations supported by statements in the personnel file of the teacher on the date of the notice to recommend dismissal, maintained as required in ORS Notice shall also be sent to the district school board and to the Fair Dismissal Appeals Board. A copy of ORS to shall also be sent to the permanent teacher. 3) If, after the 20 -day notice required by subsection ( 2) of this section, the district school board takes action to approve the recommendation for dismissal from the superintendent, the dismissal takes effect on or after the date of the district school board' s action, as specified by the board. Notice of the board' s action shall be given to the permanent teacher as soon as practicable by certified mail, return receipt requested or in the manner provided by law for the service of a summons in a civil action. [ 1965 c ; 1971 c.570 7; 1973 x298 5; 1977 c.881 5; 1979 x Appeal procedure. ( 1) If the district school board dismisses the teacher, the teacher or the teacher's representative may appeal that decision to the Fair Dis- missal Appeals Board established under ORS by depositing by certified mail addressed to the Superintendent of Public Instruction and a copy to the superintendent of the school district within 10 days, as provided in ORS , after receipt of notice of the district school board' s decision, notice of appeal with a brief statement giving the reasons for the appeal. 2) The Attorney General shall assign an assistant, at no cost to either involved party, to advise the Fair Dismissal Appeals Board, to be present at the formal hearing held by the board, and to perform those tasks at the request of the board that would normally require legal training. 3) As soon as possible after the time the notice of appeal is received by the Superintendent of Public Instruction, the super- intendent shall appoint a panel of three members from the Fair Dismissal Appeals Board for the purpose of conducting a hearing. In so far as practicable the panel shall be selected from those members of the board serving in positions where the average daily membership as determined in ORS most nearly coincides with that of the involved district. One member shall be from the category representing board members; one member shall be from the category of person not affiliated with common or union high school districts; and one member shall be from the category representing teachers or administrators. If the appeal is from a permanent teacher in a teaching position, the board shall include the teacher member. If the permanent teacher is in an administrative position, the administrative member shall sit in place of the teacher member. No panel shall contain a member who is resident of the district that is briofng the dismissal. As soon as possible after the selection of the panel, a time shall be established for the hearing. The board shall be furnished by the Department of Education at the department' s expense appropriate professional and other special assistance reasonably required to conduct a hearing and shall be empowered on behalf of the permanent teacher, the district superintendent and the district school board to subpoena and swear witnesses and to require them to give testimony and to produce books and papers relevant to its hearing. 4) The Fair Dismissal Appeals Board panel shall conduct a contested case hearing in accordance with the provisions of the Administrative Procedures Act in ORS to ) When the Fair Dismissal Appeals Board panel has completed its hearing, it shall prepare a written report and send it to the permanent teacher, the district superintendent, the district school board and the Superintendent of Public Instruction. The Fair Dismissal Appeals Board panel shall determine whether the facts relied upon to support the statutory grounds cited for dismissal are true and substantiated. If the panel finds these facts true and substantiated, it shall then consider whether such facts, in light of all the circumstances and

222 TEACHERS AND OTHER SCHOOL PERSONNEL additional facts developed at the hearing that are relevant to the statutory standards in ORS ( 1), are adequate to justify the statutory grounds cited. In making such de- termination, the panel shall consider all rea- sonable written rules, policies and standards of performance adopted by the school district board unless it finds that such rules, policies and standards have been so inconsistently applied as to amount to arbitrariness. The Kshall not reverse the dismissal if it finds the facts relied upon are true and substantiated unless it determines, in light of all the evidence and for reasons stated with specificity in its findings and order, that the dismissal was unreasonable, arbitrary or clearly an excessive remedy. The panel shall prepare the report within 30 days from the final adjournment of the hearing. However, when the panel finds that because of unusual circumstances justice requires that a greater time be spent, it shall so notify the permanent teacher, the district superintendent, the district school board and the Superintendent of Public Instruction. The extension shall not be beyond 30 days from the date of the notice of extension. 6Xa) Subject to subsection ( 5) of this section and paragraphs ( b) and ( c) of this subsection, if the Fair Dismissal Appeals Board panel finds that the facts relied on to support the recommendation of the district superintendent are untrue or unsubstanti- ated, or if true and substantiated, are not adequate to justify the statutory grounds cited as reason for the dismissal, and so notifies the permanent teacher, the district superintendent, the district school board and the Superintendent of Public Instruction, the teacher shall be reinstated and the teacher shall receive such back pay as ordered by the Fair Dismissal Appeals Board panel for the period between the effective date of the dismissal and the date of the order reinstating the teacher. b) If the teacher was suspended prior to the effective date of dismissal, the teacher shall also receive salary for the uncompensated period of the suspension. c) So long as the right of the district board under subsection ( 8) of this section and under ORS and to judicial review of the action of the Fair Dismissal Appeals Board remains unexpired, the district school board may withhold the reinstated teacher from performance of teaching duties, unless otherwise ordered by the court having jurisdiction of the appeal. d) If the Fair Dismissal Appeals Board panel determines that the procedures described in ORS ( 2)( b)(a) to ( D) have not been substantially complied with, the teacher may be reinstated or provided such other relief as determined appropriate, or both. 7) Subject to subsection ( 5) of this section, if the Fair Dismissal Appeals Board panel finds the facts relied on to support the recommendation of the district superintendent true and substantiated, and that those facts justify the statutory grounds cited as reason for the dismissal and so notifies the teacher, the district superinten- Ndent, the district school board and the Superintendent of Public Instruction in writing, the dismissal becomes final on the date of the notice. 8) An appeal from action of the Fair Dismissal Appeals Board shall be taken in the manner provided in ORS ) Reinstatement or settlement agreements entered into either prior to or subsequent to heart as provided in ORS to shah a subject to ORS ( 3) c ; 1971 c.570 8; 1973 c.298 6; 1973 c ; 1977 x223 1; 1977 c.400 5; 1977 x881 6; 1979 c.668 4; 1987 c Hearing procedure. The following provisions shall be applicable to any hearing conducted pursuant to OAS : 1) The hearing shall be private unless the permanent teacher requests a public hearing. 2) The hearing shall be conducted in accordance with rules adopted by the Fair Dismissal Appeals Board pursuant to ORS to ) At the hearing the permanent teacher shall have the right to be present and to be heard, to be represented by counsel and to present through witnesses any evidence relevant to the issue of whether the facts relied on to support the recommendation of the district superintendent are true and substan- tiated and whether those facts justify the statutory grounds cited as reason for the dismissal and whether the procedures rewired by law have been followed. [ 1965 c ; 1971 c.570 9; 1979 x [ 1965 c ; repealed by 1971 c Fair Dismissal Appeals Board; appointment; confirmation; qualifications; term; effect of term expiration; compensation and expenses; officers; quorum. (1) A Fair Dismissal Appeals Board is created, consisting of 20 members appointed by the Governor, subject to confirmation by the Senate as provided in ORS and Five members shall be administrators in common or union high school districts, five members shall be permanent teachers, five members shall be members of common or union high school district boards at the time of their appo. t- ment and five members shall not be affiliated

223 EDUCATION AND CULTURAL FACILITIES with any common or union high school district. At least one member from each category shall be resident of a school district with an average daily membership as defined in ORS , of less than 1,500 students; one from each category shall be resident of a school district containing from 1, 500 to 4, 500 students; and one from each category shall be resident of a school district containing over 4,500 students. 2) Except as provided in subsection ( 3) of this section, the term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. 3) A member whose term has expired continue to serve for the following lim- T a T purposes: a) To conduct a hearing and prepare a report if the member was appointed to a panel in accordance with ORS ( 3) before the expiration of the member' s term; or b) To reconsider a decision if the mem- ber served on the panel originally hearing an appeal and a motion for reconsideration is filed prior to an appeal to the Court of Ap- peals. 4) The continued service of a member as provided in subsection ( 3) of this section shall not prevent a successor from taking office at the time prescribed in subsection ( 2) of this section. 5) Members shall be entitled to compensation and expenses as provided in ORS for each day or part thereof during which they perform duties under ORS , , , , , to and this section, to be paid by the district school board from which the appeal is taken. However, any member of the board who would be entitled to receive a per diem except for being employed in full -time public service may receive the payment if service on the board is performed while the member is not under obligation to perform contractual teaching or administrative du- ties. 6) The board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines. 7) A majority of the members of the board constitutes a quorum for the trans- action of business. [ 1971 a570 10; 1973 x298 7; 1977 x881 7; 1983 c.777 1; 1985 c Procedure for reduction of teacher staff due to funding or administrative decision. ( 1) The procedure for reduction in probationary and permanent teacher staff resulting from the district' s inability to levy a tax sufficient to provide funds to continue its educational program at its anticipated level or resulting from the district' s elimination or adjustment of classes due to administrative decision shall be as provided in this section. However, nothing in this section is intended to interfere with the right of a fair dismissal district to discharge, remove or fail to renew the contract of a teacher pursuant to ORS P ) The school district shall make every reasonable effort to: a) Transfer teachers of courses scheduled for discontinuation to other positions for which they are qualified. b) Combine positions in a manner which allows teachers to remain qualified so long as the combined positions meet the curriculum needs of the district and the competence consideration specified in subsection 4) of this section. 3) In determining teachers to be retained when a school district reduces its staff under this section, the school district shall: a) Maintain the affirmative action policy of the district, including at the minimum maintaining the following: A) The approximate proportion of women to men and minorities to nonminorities in administration; and B) The approximate proportion of minorities in teaching positions in which these persons are underrepresented. Minorities shall be considered underrepresented when the percentage of teaching positions held by all minorities in the district falls below the percentage of all minorities in the population of the county or counties in which the district is located. As used in this subparagraph minorities" means racial minority. b) Determine whether teachers to be retained hold proper licenses to fill the re- maining positions. c) Determine seniority of teachers to be retained, based on the first day of actual service with the school district. Ties shall be broken by drawing lots. d) Determine competence and merit of teachers, if necessary, under subsection ( 4) of this section. 4) If a school district desires to retain a teacher with less seniority than a teacher

224 TEACHERS AND OTHER SCHOOL PERSONNEL being released under this section, the district shall determine that the teacher being retained has more competence or merit than the teacher with more seniority who is being released. However, nothing in this subsection is intended to limit the operation of paragraph ( a) of subsection ( 3) of this section relating to affirmative action. 5) An administrator shall retain status and seniority as a permanent teacher and voluntarily may return to teaching in a reduction in staff situation. However, an ad- ministrator who was never employed as a teacher in the district shall not be eligible to become a nonadministrative teacher in the district if the effect is to displace a nonadministrative permanent teacher. 6) In consultation with its employees or, for those employees in a recognized or certi- fied collective bargaining unit, with the exclusive bargaining representative of that unit, each school district shall establish a procedure for recalling teachers to employment in the district who have been released because of a prospective or actual reduction in staff. The procedure so established shall define the criteria for recall and the teacher shall have the right of recall thereunder for 27 months after the last date of release by the district unless waived as provided in such procedure by rejection of a specific position. A permanent teacher who is recalled shall retain the permanent status obtained before the release. A probationary teacher who is recalled shall have years taught for the district counted as if the employment had been continuous for purposes of obtaining permanent status. 7) An appeal from a decision on reduction in staff or recall under this section shall be by arbitration under the rules of the Employment Relations Board or by a procedure mutually agreed upon by the employee representatives and the employer. The results of the procedure shall be final and binding on the parties. Appeals from multiple reductions may be considered in a single arbitration. The arbitrator is authorized to reverse the staff reduction decision or the recall decision made by the district only if the district: a) Exceeded its jurisdiction; b) Failed to follow the procedure applicable to the matter before it; c) Made a finding or order not supported by substantial evidence in the whole record; or d) Improperly construed the applicable law. 8) As used in this section: a) " Competence" means the ability to teach a subject or grade level based on recent teaching experience or educational attainments, or both, but not based solely on being licensed to teach a subject or grade level. b) " Merit" means the measurement of one teacher' s ability and effectiveness against the ability and effectiveness of another teacher. [ 1981 c.569 3; 1983 s.s. c.1 1; 1989 c [ 1965 c ; repealed by 1971 c ; see [ 1965 c ; repealed by 1971 x AUSCELLANEOUS [ 1965 x608 17; 1973 c.298 8; 1979 x861 8; repealed by 1987 c [ ; see ; repealed by 1973 c Interchange of teachers. A district school board may provide for the interchange of teachers with school districts of other states or countries. Teachers ex- changed shall teach one year, the year' s ser- vice outside the state being credited to them as service in the district In which they are regularly employed when the interchange is made. The salary of the Oregon teacher shall be paid by the Oregon school district and the salaries of the teachers from outside of Oregon shall be paid by the school districts in their respective states or countries. Formerly Discrimination on account of sex or blindness forbidden. In the employment of teachers, district school boards shall not discriminate: 1) Between male and female teachers. For the same service district school boards shall pay female teachers the same compensation paid to male teachers, taking into consideration the years of successful teaching experience in the districts where the teachers are employed. 2) Against blind teachers having all other qualifications required of a Formerly teacher gaining school" defined. As used in ORS , " training school" means a school approved by the Teacher Standards and Practices Commission in which the pupils are taught either wholly or in part by students of an approved teacher education institution as defined in ORS Formerly ; 1973 c ; Student teacher, authority to teach; contract requirements and effect. Any student of a teacher education institution approved by the Teacher Standards and Practices Commission, who is assigned to teach in a training school has full authority

225 EDUCATION AND CULTURAL FACILITIES to teach during the time the student is so assigned, and such assignment has the same effect as if the student were the holder of a valid teaching license. [ Formerly ; 1967 c.67 15; 1973 c [ 1977 x635 7; renumbered Qualifications to teach dis- tance learning course. A person teaching a distance learning course originating in Oregon must: 1) Have a teaching license issued by the Teacher Standards and Practices Commission with the appropriate subject matter endorse- ment; or 2) Be employed by a post - secondary institution accredited b the Northwest Association of Schools anmlleges and have the appropriate subject matter preparation. [ I [ Repealed by 1965 c ]

226 Definitions GENERAL Rule to distinguish related services " ial programs for children with disabilities to be supervised by Superintendent of Public Instruction; board rules Establishing criteria for programs Superintendent of Public Instruction to administer special programs Superintendent of Public Instruction to employ personnel supervise types of services for special programs tto Tuition prohibited CHILD DEVELOPMENT Child development specialist SW35 State reimbursement for costs State board guidelines; qualification child development specialist DETERMINATION OF ELIGIBILITY FOR SPECIAL EDUCATION Chapter EDITION Special Education Services for Definitions for ORS and to UN State rules relating to eligibility MIR Application for admission to special education program; duty of school district to identify eligible children Preplacement evaluation; notice of eligibility Procedure V parent does not consent or contests evaluation or placement; hearing Result of hearing; cost of hearing Parental rights; periodic evaluation by district; independent evaluation; costs Civil action on decision Effect of contest of placement; change of placement Effect of school district failure to comply Duty to report when child appears to have disability; effect of report Individual education program to include needed transition services; alternative CHILDREN WITH DISABILITIES Special education required 343,227 Howe ility determined; when medical or examination may be required State reimbursed or operated local, county or regional programs Annual billing for enrollment in certain programs Special Education Account Instruction of certain hospitalized children Centers for teacher training and consultation 349,277 Payment of costs where district does not provide special education Use of state funds to match federal funds State Advisory Council for Special Educa- tion Local advisory council on special education Document of successful completion EARLY INTERVENTION SERVICES Transportation costs When district liable for costs & M 343A01 MAW 343A TALENTED AND GIFTED CHILDREN Purpose of ORS to Definitions for ORS to Nature of programs Plan for improvement of instruction or curriculum for talented and gifted children State aid to local districts Use of funds appropriated for ORS to Funding for program development Identification of talented and gifted students Talented and gifted programs required; compliance When identification and programs for certain children required or optional, state guidelines Short title EARLY CHILDHOOD EDUCATION Definitions for ORS to Operating guides; approval How district may provide early childhood 343A66 343A66 education Responsibility of prekindergarten programs for early childhood special education ser- vices SERVICES FOR PRESCHOOL CHILDREN WITH DISABILITIES Policy on services to preschool children with disabilities 34SA75 Program of early childhood special education; service areas; primary contractor; residency; sanctions; fiscal impact state- 313A85 343A95 ment Rules relating to confidentiality Procedure if no contractor designated for service area State Early Intervention Coordinating Council; membership; duties; term; travel reimbursement; staff Joint planning group; duties; agency disclosures Local early intervention interagency advisory council; members; officers Interagency agreements to provide services

227 EDUCATION AND CULTURAL FACILITIES Eligibility criteria Parent - initiated referral to determine eligibility Individual family service plan; meeting required; annual review of plan; plan content Notice of proposed change; content Rules governing disputes concerning eligibility or services; procedural safeguards Grant funds to approved providers DISADVANTAGED CHILDREN Definitions for ORS to Facilities and services for disadvantaged children Advance payment Advance payments and reimbursements to districts of 40,000 for operation and con- struction costs STUDENT DRIVER TRAINING Definitions for ORS to Student driver training program School course in automobile driver in- struction State reimbursement Student Driver Training Fund Contract with private driver training school MIGRANT CHILDREN Definitions for ORS to Summer programs for migrant children Reimbursement; not subject to Local Budget Law MISCELLANEOUS PROVISIONS Homemaking and agricultural education in cities over 8,000 population Department duties for programs for Audents with moderate to severe retardation Note Reimbursement for. students with retardation x When blind students to be encouraged to learn braille 343,861 Responsibility for costs of education of children in long -term care or treatment Responsibility for costs of education for children at state hospitals and training centers Responsibility for education for children under Children' s Services Division CROSS REFERENCES Administrative procedures and rules of state agencies, to Alcohol, narcotics, drugs; publicity, educational and other programs on effect of use and abuse, , Allotment required before expenditure of state moneys in certain cases, Community mental health and developmental disabilities programs, to Education Cash Account, Personal tax credit for child with disability, Preliminary evaluation of special education eligibility of child in wardship proceeding, Public health programs, school districts ma appropriate funds to be expended by local health boards, 43L480 Special education services to districts through education service district, Teacher education and training, funds, Transportation costs for children attending School for Blind or Deaf, resident district responsibility, Tuition not charged for special instruction connected with regular program, Educational service for the visually handicapped, '

228 SPECIAL EDUCATION SERVICES W10 [Repealed by 1965 c SAM [Repealed by 1953 c & M [Repealed by 1953 c GENERAL DeEmitions. As used in this chapter unless the contest requires other- wise: 1) " Case management" means the activities carried out by a case manager to assist and enable a child receiving early childhood special education and the child' s family to receive the rights, procedural safeguards and services that are authorized in this chapter, and the coordination of other services which are intended to benefit the development of each child being served for the duration of the child's eligibility. 2) " Children with disabilities" means those school age children who are entitled to an appropriate education as specified by ORS and who require special education because they have been evaluated as having one of the following conditions as defined by rules established by the State Board of Education: Mental retardation, hard of hearingg, deafness, speech impairment, visual hand - icap, ' seriously emotionally disturbed, orthopedic or other health impairment, autism, traumatic brain injury or specific learning disabilities. 3) " Developmental delay" means: a) Delay, at a level of functionin and in accordance with criteria established by rules of the State Board of Education, in one or more of the following developmental areas: Cognitive development; physical development, including vision and hearing; language and speech development; psychosocial development or self -help skills; or b) A disability, in accordance with criteria established by rules of the State Board of Education, that can be expected to continue indefinitely and is likely to cause a substantial delay in a preschool child's development and ability to function in society. 4) " Early childhood special education" means free, specially designed instruction to meet the unique needs of a preschool child with a disability, three years of age until the age of eligibility for kindergarten, where instruction is provided in any of the following settings: Home, hospitals, institutions, spe- cial schools, classrooms, and community child care or preschool settings, or both. 5) " Early intervention services" means programs of treatment and habilitation designed to address the needs of preschool children with disabilities from birth until three years of age in the areas of cognitive, physical, including vision and hearing, lan- guage and speech development, self -help and psychosocial development. Such services may include classroom, parent training and consultation, and other ancillary services such as physical therapy, occupational therapy and speech therapy. These services shall be provided within the limit of funds specifically appropriated or authorized for the services. 6) " Individual family service plan" means a written plan of early childhood spe- cial education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter. 7) " Instruction in early childhood special education" means providing families with in- formation and skills that support the achievement of the outcomes in the child' s individual family service plan and working with preschool children with disabilities in one or more of the following developmental areas: Language and speech development, psychosocial development, physical development, including vision and hearing, self -help skills and cognitive development. 8) " Other services" means those services which may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. 9) " Parent" means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate for the parent. 10) " Preschool children with disabilities" means all children from: a) Birth until three years of age who are eligible for early intervention services be- cause they are experiencing developmental delay; or b) Three years of age to eligibility for entry into kindergarten who need early childhood special education services because they are experiencing developmental delay or because they have been evaluated as having one of the conditions listed for school age children under subsection ( 2) of this section. 11) " Related services" includes transportation; and such developmental, corrective and other supportive services, including speech pathology and audiology, psychological services, physical and occupational ther- apy, special equipment, reader services, volunteer services to enhance special education programs, recreation, counseling services, rehabilitation counseling, social work services and medical services, except that such medical services shall be for diagnostic

229 EDUCATION AND CULTURAL FACILITIES and evaluation purposes only, as may be required to assist children with disabilities or preschool children with disabilities, three years of age until the age of eligibility for kindergarten, to benefit from special education or early childhood special education and includes early identification and assessment of disabling conditions. 12) " Special education" means specially designed instruction to meet the unique needs of school age children with disabilities, including regular classroom instruction, instruction in physical education, home instruction, related services and instruction in hospitals, institutions, special schools and other settings. [ Formerly ; 1977 c ; 1983 c.731 l; 1991 c.749 1, la; 1991 c Note: The amendments to by section la, chapter 749, Oregon Laws 1991, become operative July 1, See section 29, chapter 749, Oregon Laws The text that is operative until July 1, 1992, is set forth for the user's convenience ( 1) " Orthopedically impaired or other health impaired" means a disability which has been diagnosed by a physician licensed by the Board of Medical Examiners for the State of Oregon as permanent or which is expected to extend over a two -month period. 2) " Handicapped children" means those school age children who are entitled to an education as specified by ORS or children who are of the age served by their school districts of residence in the regular education programs of the districts, and who require special education in order to obtain the education of which they are capable, because of mental, physical, emotional or learning problems. These groups include, but are not limited to those categories that have traditionally been designated: Mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired or other health impaired children; individuals who are pregnant; or children with specific learning disabilities. 3) " Handicapped preschool children" means all children between the time of identification of their handicap and school age who meet the eligibility criteria for early intervention services as established by ORS ) " Special education" means specially designed instruction to meet the unique needs of a handicapped child, including regular classroom instruction, instruction in physical education, home instruction, related services, and instruction in hospitals, institutions and special schools. 5) " Related services" includes transportation; and such developmental, corrective and other supportive services ( including speech pathology and audiology, psychological services, physical and occupational ther- apy, special equipment, reader services, volunteer services to enhance special education programs, recreation, and medical and counseling services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a handicapped child to benefit from special education, and in- cludes early identification and assessment of handicapping conditions in children Rule to distinguish related services. The State Board of Education by rule shall adopt interpretive guidelines to assist in distinguishing between related services, as defined in ORS , and treat- ment for handicapping conditions. [ 1985 c & M [Repealed by 1953 c Special programs for children with disabilities to be supervised by Superintendent of Public Instruction; board rules. ( 1) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be responsible for the general supervision of all special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within the state, including all such programs administered by any state agency or common or union high school district or education service district. 2) All special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities within this state shall meet the standards and criteria established therefor by the State Board of Education. 3) The State Board of Education shall adopt by rule procedures whereby the superintendent investigates and resolves com- plaints that the Department of Education, a local education agency or an early childhood special education contractor has violated a federal law or statute that applies to a spe- cial education or early childhood special education program. 4) The State Board of Education shall adopt rules relating to the establishment and maintenance of standards to insure that per- sonnel providing special education and early childhood special education and early intervention services are appropriately and adequately trained. 5) The Governor shall direct that agencies affected by this section shall enter into cooperative agreements to achieve necessary uniformity in meeting the standards and criteria established by the state board under subsection ( 2) of this section. [ 1977 c.528 3; 1989 c ; 1991 c Note: The amendments to by section 2, chapter 749, Oregon Laws 1991, become operative July 1, See section 29, chapter 749, Oregon Laws The text that is operative until July 1, 1992, is set forth for the user's convenience ( 1) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be responsible for the general supervision of all educational programs for handicapped children within the state, including all such programs administered by any state agency or common or union high school district or education service district. 2) All educational programs for handicapped children within this state shall meet the standards and criteria established therefor by the State Board of Education. 3) The Governor shall direct that agencies affected by this section shall enter into cooperative agreements

230 SPECIAL EDUCATION SERVICES to achieve necessary uniformity in meeting the standards and criteria established by the state board under subsection ( 2) of this section Establishing criteria for programs. The State Board of Education shall establish by rule criteria to guide the development and operation of special programs authorized by this chapter. The Superintendent of Public Instruction shall apply these criteria in certifying such programs for reimbursement specifically provided by law for such programs. The criteria shall be limited to educational services and educational progams and shall not include treatment. Formerly ; 1975 c.621 l; 1977 c714 10; 1989 c [ Repealed by 1953 c Superintendent of Public Instruction to administer special programs. 1) The Superintendent of Public Instruction shall administer all programs established un- der this chapter. The State Board of Education, consistent with the provisions of ORS to and to , shall establish rules relative to such other qualifications of teachers, supervisors, work experience coordinators, coordinators of volunteer services and trainers of volunteer personnel, courses of study, admission, elitegl- bility of children, size of special facilities, rooms and equipment, supervision, territory to be served, and such other rules as the board considers necessary to administer this chapter. 2) Out of such funds as may otherwise be appropriated for the purposes enumerated in this section, the State Board of Education may: a) Purchase and prepare equipment and supplies to be loaned to school districts and county or regional special education facilities which provide approved programs for children with disabilities in the public schools. b) Contract with and pay an educational institution, either within or without the state, for the purpose of providing educational services for children who are both deaf and blind. c) Purchase and prepare equipment and supplies to be loaned to early childhood special education and early intervention contractors that provide approved programs for preschool children with disabilities. [ Formerly ; 1967 c.329 1; 1975 c.621 2; 1989 c ; 1991 c.749 3] Note: The amendments to by section 3, chapter 749, Oregon Laws 1991, become operative July 1, See section 29, chapter 749, Oregon Laws The text that is operative until July 1, 1992, is set forth for the user' s convenience ( 1) The Superintendent of Public Instruction shall administer all programs established under this chapter. The State Board of Education, consistent with the provisions of ORS to and to , shall establish rules relative to such other qualifications of teachers, supervisors, work experience coordinators, coordinators of volunteer services and trainers of volunteer personnel, courses of study, admission, diagnosis, eligibility of pupils, size of special facilities, rooms and equipment, supervision, territorryy to be served, and such other rules as the board considers necessary to administer this chapter. 2) Out of such funds as may otherwise be appropriated for the purposes enumerated in this section, the State Board of Education may: a) Purchase and prepare equipment and supplies to be loaned to school districts and county or regional special education facilities which provide approved programs for handicapped children in the public schools. b) Contract with and pay an educational institution, either within or without the state, for the purpose of providing educational services for children who are both deaf and blind. 343M [Repealed by 1953 c Superintendent of Public Instruction to employ personnel to supervise types of services for special programs. The Superintendent of Public Instruction shall employ personnel qualified by training and experience to supervise the types of services required by the special programs authorized by this chapter. Personnel so employed shall assist the school districts, county and regional facilities, early child- hood special education programs, early intervention services and hospitals in the organization and development of special pro- grams authorized by this chapter, shall have general supervision of such programs, and shall assist school districts, early childhood special education and early intervention contractors in obtaining required services, equipment and materials, particularly where the number of children is too small to justify district or contractor purchase of equipment and materials. [ Formerly ; 1991 c Note: The amendments to by section 4, chapter 749, Oregon Laws 1991, become operative July 1, See section 29, chapter 749, Oregon Laws The text that is operative until July 1, 1992, is set forth for the user' s convenience The Superintendent of Public Instruction shall employ personnel qualified by training and experience to supervise the types of services required by the special programs authorized by this chapter. Personnel so employed shall assist the school districts, county and regional facilities, and hospitals in the organization and development of special programs authorized by this chapter, shall have general supervision of such programs, and shall assist school districts in obtaining required services, equipment and materials, particularly where the number of children is too small to justify district purchase of equipment and materials [ Repealed by 1953 c [ 1965 c ; 1973 c.728 5; repealed by 1975 c [ 1975 c , 13; 1977 c.530 l; repealed by 1979 c ( to enacted in lieu of )] 343M [Repealed by 1953 c

231 EDUCATION AND CULTURAI. FACILI'T'IES Tuition prohibited. Except as provided in ORS relating to driver instruction, no tuition shall be charged to any resident student participating in any special program authorized by this chapter. W065 c M [Repealed by 1965 c [ Repealed by [ Repealed by 1965 c ( Repealed by 1965 c CHILD DEVELOPMENT Child development specialist. 1) The district school board of every school district operating any element schools may make the services of a child develop- ment specialist available to the pupils en- rolled in the elementary schools families. and their 2) A child development specialist shall provide primary prevention services throughout a child' s environment directly or in co- operation with others: a) To pupils enrolled in the elementary school, with priority given at the primary level, including kindergarten, to assist them in developing positive attitudes toward themselves and others in relation to life ca- reer roles and to assure that developmentally appropriate assessment and screening proce- dures are provided for the early identifica- tion of talents and strengths on which to base a positive learning experience for each child. b) To the professional staff of the elementary school to assist them in early identification of pupils enrolled therein with learning or developmental problems. c) To parents of pupils enrolled in elementary schools to assist them in understanding their children' s unique aptitudes and needs and to aid in relating home, school and neighborhood experiences. d) To refer pupils enrolled in the elementary school and their families to appropriate state or local agencies for additional assistance as needed. e) To coordinate resources available through the community and the school. 3) The district school board of every school district operating any elementary schools may make the services of a child development specialist, as described in subsection ( 2) of this section available to children four years of age or younger and their families residing in its district. If such children need assessment, the child development specialist shall assure that developmentally appropriate assessment and screening procedures are provided for early identification of barriers or needs that pre- vent successful transition to early education programs. 4) School districts may provide the services authorized or required under this section by contract with qualified state or local programs. [ ; 1981 a878 1; 1991 x [ Amended by 1957 c.232 l; renumbered State reimbursement for costs. 1) Following the close of each fiscal quarter for which reimbursement is claimed any district making the services of a child development specialist available pursuant to ORS in a state approved program, shall file a verified claim with the Superintendent of Public Instruction for the reimbursement as designated in the notice of allotment for the costs incurred by the district in providing the services of the child development spe- cialist. 2) If the Superintendent of Public Instruction approves the application for reimbursement, the superintendent shall cause the district to be reimbursed in the amount claimed in accordance with the state, approved program provided in subsection' (1) ` of this section. In no case shall the state reimbursement from funds available for the child development specialist program exceed 75 percent of the approved annual cost of the program nor shall the state' s expenditure exceed the amount appropriated by the Legislative Assembly for this purpose. [ ; 1981 a878 2; 1991 c [ Repealed by 1965 c State board guidelines; qualification for child development specfsiist. 1) The State Board of Education by rule shall establish guidelines for implementation of ORS and , including but not limited to qualifications for child development specialists and procedures for community coordination of efforts. Such qualifications and procedures shall ' not be limited to traditional treatment oriented dis- ciplines or the various disciplines requiring certification. 2) Exceptions to the qualifications es- tablished by the state board may be made if the state board determines after a hearing that an individual is capable of performing the required functions. ( [ Repealed by 1965 x DETERMINATION OF ELIGIBILITY. FOR SPECIAL EDUCATION Definitions for ORS and to As used in ORS and to : 1) " Decision" means the decision of the hearings officer

232 SPECIAL EDUCATION SERVICES ) " Determination" means the determination by the school district concerning the identification, preplacement or annual evaluation, individual education program or placement of a child with disabilities in a program paid for by the district. 3) " Order" has the meaning given in ORS to ) " Parent" means the parent or legal guardian, other than a state agency, of the child or the surrogate for the parent. 5) " School district" means a common or union high school district or an education service district that is charged with the duty or contracted with by a public agency to educate children apparently eligible for special education and includes the Department of Education for the purpose of carrying out the procedures required by ORS to for education programs under ORS and ) " Superintendent" means the Superintendent of Public Instruction or the designee of the Superintendent of Public In- struction. [ 1979 cam 2 ( enacted in lieu of ); 1985 c ; 1989 c ; 1991 c State rules relating to eli tbil- i The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including: 1) Rules governing the procedures for the appointment of a surrogate for the parent and other rules necessary to protect the special educational rights of the child, which shall include but need not be limited to, rules applicable whenever no parent of the child can be identified or located after reasonable efforts or when there is reasonable cause to believe that the child has a disability and is a ward of the state. 2) Rules prescribing hearings procedures if identification, evaluation, individual education program or placement is contested c ( enacted in lieu of ): 1989 c ; 1991 x Apjplication for admission to special education program; duty of school district to identify eligible children. (1) At any time a parent who has reasonable cause to believe that the child is eligible for special education may apply on behalf of the child to the school district wherein the child resides for admission of the child into a special education program. 2) The school district or any employee thereof may also initiate the application if the district or employee has reasonable cause to believe that a child in the district is eli- gible for special education. However, in common or union high school districts or education service districts, employees may initiate the application only pursuant to procedures prescribed by the district. 3) Pursuant to rules of the State Board of Education, school districts shall identify, locate and evaluate all resident children who n have disabilities and be in need of sppee-- cial education, early childhood special education and early intervention. [ 1979 c enacted in lieu of ); 1991 c Note: The amendments to by section 5, chapter 749, Oregon Laws 1991, become operative July See section 29, chapter 749, Oregon Laws The teat that is operative until July 1, 1992, is set forth for the user' s convenience. 343.M. (1) At any time a parent- who has reasonable cause to believe that the child is eligible for special education may apply on behalf of the child to the school district wherein the child resides for admission of the child into a special education program. 2) The school district or any employee thereof may also initiate the application if the district or employee has reasonable cause to believe that a child in the district is eligible for special education. However, in common or union high school districts or education service districts, employees may initiate the application only pursuant to procedures prescribed by the district [ Repealed by 1965 c Preplacement evaluation; notice of eligibility. ( 1) Upon receipt of the application, the school district shall com- mence an appropriate preplacement evalu- ation of the child to determine the eligibility of the child for special education. The evaluation shall be completed within a reasonable time after application is made. After the evaluation is completed, the school district shall notify the parent of its determination that the child is eligible or not eligible for special education. 2) The notice must be in writing, and must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the school district shall take steps to insure: a) That the notice is translated orally or by other means to the parent in the parent' s native language or other mode of communi- cation; b) That a reasonable effort is made to aid the parent in understanding the content of the notice; and c) That there is written evidence that the requirements of this subsection have been met. 3) The notice shall indicate whether the district intends: a) To place the child in a particular special education program;

233 EDUCATION AND CULTURAL FACIIdTIES gram; or program. b) To deny such placement; c) To transfer the child to such a pro- d) To transfer the child from such a 4) The notice shall also contain an explanation of the right of the parent to contest the identification, preplacement evaluation, individual education program or the intended placement of the child and shall request parental consent to the intended placement. If the parent consents in writing to the intended placement, the child shall be so placed. [ 1979 c ( enacted in lieu of c Procedure if parent does not consent or contests evaluation or place- ment; hearing. ( 1) If the parent withholds or refuses consent to preplacement evaluation or initial placement of a child with a disability, the school district shall follow procedures prescribed in rules of the State Board of Education to act when consent is not obtained. 2) A hearing shall be conducted pursu- ant to rules of the State Board of Education if the parent: a) Contests the determination of the school district concerning identification, pre- placement evaluation, individual education program or placement; or b) Claims that the result of the determination of the district is to deny the child free appropriate education. 3) The board' s rules in subsection ( 2) of this section shall be as consistent as possible with the procedures applicable to a contested case under ORS to However, the board' s rules shall prohibit the introduction of any evidence at the hearing that has not been disclosed to both parties at least five days before the hearing. The parent shall be entitled to have the child who is the subject of the hearing present at the hearing and to have the hearing open to the public. 4) The school district may also commence the contested case proceedings to obtain a decision whether its identification, preplacement evaluation, individual education program and placement are appropriate or whether the result of the determination of the district is to provide the child with free appropriate education. 5) The hearing shall be conducted by an independent hearing officer appointed by the Superintendent of Public Instruction. The hearing officer shall not be: a) An employee of a school district involved in the education of the child; b) An employee of the Department of Education; or c) A person having any personal or professional interest which would conflict with the person's objectivity in the hearing. [ 1979 c ( enacted in lieu of ), 1989 c.252 l; 1989 c ; 1991 c Result of hearing, cost of hearing. ( 1) If the finding at the hearing held under ORS is that the identifi- cation, preplacement evaluation, individual education program and placement by the dis- trict are appropriate and that the child is being provided a free appropriate education, the hearing officer shall decide in support of the determination of the district. 2) If the finding at the hearing is that the identification, preplacement evaluation, individual education program or placement is not appropriate or that the child is not being provided a free appropriate education, the hearing officer shall decide that the school district shall revise or modify its placement in order to provide the child with a free ap- propriate education. 3) The decision shall be entered' not later than 45 days after the request for hearing is filed unless an extension has been granted by the hearing officer at the request of the parent or the school district. Copies of the decision shall be sent to the parent and to the school district accompanied by a statement describing the method of appealing the decision. 4) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall bill the school district for all reasonable costs connected with the ap- pointment of an independent hearing officer and the conduct of a due process hearing. The district shall make payment to the Department of Education for the cost of the hearing within 30 days of receipt of the billing [ 1979 c ( enacted in lieu of ); 1989 a252 2; 1991 c [ Repealed by 1965 c Parental rights; periodic eval- uation by district; independent evaluation; costs. ( 1) Notwithstanding the limitation on access to records under ORS to and to , the parent is entitled at any reasonable time to examine all of the records of the school district pertaining to placement of the child. 2) Under rules adopted by the State Board ' of Education, each school district shall conduct an evaluation of a child with disabilities every three years or more frequently if conditions warrant or if the parent or teacher requests an evaluation. 3) Any parent is entitled to obtain an independent evaluation at the expense of the

234 SPECIAL EDUCATION SERVICES 7 school district if the parent disagrees with an evaluation obtained by the district. 4) If the school district disagrees with the parent's request for an independent educational evaluation, the district may initiate a hearing under ORS to show that the district's evaluation is appropriate. If the final decision is that the districts evaluation is appropriate, the parent has the right to an independent educational evaluation, but not at the district' s expense. 5) Each school district shall provide, on request, information about where an independent educational evaluation may be obtained. 6) If a hearing officer appointed under ORS ( 5) requests an independent educational evaluation as part of a hearing, the school district shall pay the cost of the eval- uation. 7) For purposes of this section, " inde- pendent educational evaluation" means an evaluation conducted byy a qualified examiner who is not employed b the school district responsible for the child in question. [ ( enacted in lieu of , ; 1989 x491 36] Civil action on decision. ( 1) A decision under ORS is final unless the parent or the school district files a civil action under subsection ( 2) of this section. 2) Either party aggrieved by the finding and decision of the reviewing officer may commence a nonjury civil action in any circuit court of competent jurisdiction without regard to the amount in controversy. 3) In any action brought under this section, the court shall receive the records from the administrative proceeding, shall hear additional evidence at the request of a party and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. 4) Any civil action brought under this section shall be commenced within 120 days of the date of the hearing officer's final order. [ 1979 c ( enacted in lieu of r 1983 c.731 9; 1989 c Effect of contest of placement; change of placement. ( 1) If the placement of the child has been contested under ORS : a) The child shall remain in the then current educational program placement until the proceedings are completed if the child is in an educational program. b) The child shall be placed with the consent of the parent in a program provided or selected by the district at the district' s expense until the proceedings are completed if applying for initial admission to a public school. 2) The provisions of paragraphs ( a) and b) of subsection ( 1) of this section do not apply if the parent and the school district agree to temporary placement in some other program. 3)( a) A change in placement occurs if the child: A) Is suspended for a total of more than 10 cumulative school days during a school year; B) Is suspended for seven consecutive calendar days; or C) Is expelled. b) Due process procedures shall be followed for anyy chargge in placement. [ 1979 x ( enacted in fieu of r 1991 c [ Repealed by 1965 c Effect of school district failure to comp!y. (1) In addition to and not in lieu of any other sanction that may be imposed against a noncomplying school district, the Superintendent of Public Instruction may withhold all or any part of the funds other- wise due a district for special education until the district complies with the requirements of ORS to ) If the Superintendent of Public Instruction finds that the school district has refused to pay for the independent evaluation when the results thereof required the determination of the school district to be revised significantly, the superintendent may withhold funds due the district for special education an amount not to exceed the expense incurred by the parent in obtaining the independent evaluation. The superintendent shall use the funds thus withheld for payment of the costs of the independent evaluation. [ 1979 c ( enacted in lieu of ); 1989 c ] [ 1979 c ( enacted in lieu of ); 1983 c.294 l; 1989 c.158 l; repealed by 1991 c [ 1979 c ( enacted in lieu of r 1989 c ; 1991 c.795 8; renumbered in [ Repealed by 1965 c Duty to report when child appears to have disability; effect of report. 1) Any public or private official having reasonable cause to believe that any child with whom the official comes in contact officially is a disabled child who is eligible for but not enrolled in a special education program shall report to the Superintendent of Public Instruction the child' s name and the facts leading the official to the belief. 2) Nothing in ORS to shall affect the duty to report imposed by subsection ( 1) of this section except that a physician, licensed psychologist, clergyman or

235 EDUCATION AND CULTURAL FACILITIES attorney shall not be required to report information communicated by an adult if such information is privileged under ORS to ) Upon receipt of a report under subsection ( 1) of this section, the Superintendent of Public Instruction shall verify whether the child is enrolled in a special education program and may cause an investigation, including an evaluation under ORS , to be made to determine whether the child is eligible for a program under ORS or ) As used in this section, " public or private official" has the meaning given in ORS [ 1979 x836 6; 1983 c ; 1989 c ] Individual education program to include needed transition services; alternative. ( 1) Every individual education program for an eligible student must include a statement of the needed transition services for students beginning no later than 16 years of age and annually thereafter and a statement of the interagency responsibilities before the student leaves the school setting. When determined appropriate for the indi- vidual, this shall be started beginning at 14 years of age or younger. 2) In the case where a participating agency, other than the educational agency, fails to provide agreed upon services, the educational agency shall reconvene the individual education program team to identify alternative strategies to meet the transition objectives. 3) The State Board of Education shall establish by rule the definition of transition services and procedures for development of transition plans. [ 1991 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation [ Repealed by 1965 c [ Repealed by 1955 c CEILDREN WITH DISABILITIES [ 1959 c ( to and (2) enacted in lieu of to as comiled in 1957 Replacement Part); repealed by 1965 c ( enacted in lieu of )] [ 1965 c ( enacted in lieu of ); 1969 c.291 l; 1975 c.621 4; renumbered ] [ 1953 c , 2; repealed by 1955 c [ 1953 c.444 3, 4; repealed by 1955 c ( Repealed by 1953 c Special education required. In order to provide special education for children with disabilities, the district school board of any school district in which there are school age children who require special education: 1) Shall submit an annual projected activities and cost statement to the Superintendent of Public Instruction for a program of special education for the district' s children with disabilities. The proposed district program shall include provisions for providing special education and related services and be designed to meet the unique needs of all resident children with disabilities. 2) Shall provide special education for such children consistent with the projected activities and cost statement. 3) May, when the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for special education for such children with another school district or an education service district if: a) The district school boards jointly agree to provide special education. b) The school districts within the education service district approve the contract by a resolution adopted in the manner provided in ORS ( 2). c) Any school district within the educa- tion service district contracts with the edu- cation service district in the manner provided in ORS ( 3) for such special education. 4) May contract with private agencies or organizations approved by the State Board of Education for special education. 5) May use the services of public agencies, including community mental health and developmental disabilities programs, which provide diagnostic, evaluation and other related services for children. 6) May contract for the provision of related services by a person in private practice if that person is registered, certified or licensed by the State of Oregon as qualified to provide a particular related service that re- registration, certification or licensing state. [ 1959 c ( to and 2) enacted in lieu of to as compiled in 1957 Replacement Part); 1963 c.403 l; OW, 1975 c.621 6; 1977 x529 1; 1981 c.393 2; 1983 x731 2] [ 1953 c.444 6; repealed by 1955 c ( 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); 1963 c ; repealed by 1965 c How eligibility determined; when medical or visual examination may be required. ( 1) In order to receive special education, a child with disabilities shall be determined eligible for such services under a school district program approved under ORS and as provided under ORS

236 SPECIAL EDUCATION SERVICES Eligibility requires a determination made on the advice of qualified educational and medical authorities which shall include a medical examination and parental consent as specified in ORS and to However: a) The district school board may waive a medical examination of children whose eligibility is being considered for special education because of speech defects, learning problems or mild behavioral problems. b) A medical or visual examination may be required when the children have received special education but have not made satisfactory progress therein. 2) The examinations required by sub- section ( 1) of this section shall be given: ( a) In the case of the medical examination, by a physician licensed to practice by a state board of medical examiners; and ( b) in the case of the visual examination, by an ophthalmologist or optometrist licensed by a state board. [ 1965 c ; 1975 c [ Repealed by 1953 c [ 1959 x510 6 ( to and (2) enacted in lieu of to as comin 1957 Replacement Part); repealed by 1965 c [ 1953 c.710 2; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)) c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); 1965 c ; renumbered State reimbursed or operated local, county or regional programs. ( 1) The Superintendent of Public Instruction may provide special education on a local, county or regional basis without regard to county boundaries in all areas of the state for children who are: a) Blind; b) Deaf; c) Blind and deaf; d) Orthopedically impaired; e) Autistic; or f) Moderately to severely retarded. 2) The Superintendent of Public Instruction may operate and administer a local, county or regional program of special education or the superintendent may contract for the operation and administration of the program with a school district, an education service district, a county school district or a common school district having jurisdiction over an entire county. 3) The State Board of Education by rule shall establish eligibility criteria and educational standards for the programs described in subsection ( 1) of this section and those programs in facilities operated under ORS ) A school district which contracts to provide a program under this section shall be paid for the state - approved program as determined and funded by the Legislative Assembly. Contracting school districts are authorized to negotiate supplemental programs with pparticipating school districts c ; 1975 c.621 7; 1985 x555 2; 1991 c ', 1991 x [ 1953 c.710 3; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ Repealed by 1953 c [ 1959 c ( to " and (2) enacted in lieu of to as compiled in 1957 Replacement Part); repealed by 1965 c Annual billing for enrollment in certain programs. ( 1) The Department of Education shall bill annually an education service district for each child who is a resident of a school district in the education service district and is enrolled in a special education program under ORS , , and Where there is no education service district, the department shall bill the county school district or a common school district having county -wide jurisdiction. 2) The billing shall be equal to ( a) the average net operating expenditure per student of all school districts in the education service district during the preceding school year multiplied by ( b) the resident average daily membership of students enrolled in the special education program one -half of the school day or more, exclusive of preschool children covered by ORS ) The children covered by this section shall be enumerated in the average daily membership of the district providing the in- struction but credit for days' attendance of such children shall not accrue to such school district for the purpose of distributing state school funds. 4) The department shall notify each executive officer of the administrative office for the county, as defined in ORS , of its estimated billing not later than March 1 of each year. Not later than August 15, the department shall submit the actual billing to the executive officer. The due date for payment of the billing to the department shall be not later than December 15 following that August ) The education service district, county school district or common school district shall pay the amount of the billing from the county school fund. In cases where this bill-

237 EDUCATION AND CULTURAL FACILITIES ing exceeds the amount in the county school fund, the unpaid balance shall be recovered by a reduction by the department in the State School Fund grant to each district within the county based upon the ratio that total billings under subsection ( 1) of this section for children resident in the school district are to total billings under subsection 1) of this section to the education service district. 6) The liability of a district shall not exceed the amount established under this section even if the child is otherwise subject to ORS and ) The amounts received by the department shall be credited to the appropriate subaccount in the Special Education Ac- count. [ 1985 x555 7; 1987 c.282 1; ; 1989 c.971 5; 1991 c ; 1991 c Note: The amendments to by section 37, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws The text of , as amended by section 25, chapter 167, Oregon Laws 1991, that is operative until June 30, 1992, is set forth for the user' s convenience. Sec. 25. ( 1) The Department of Education shall bill annually an education service district for each child who is a resident of a school district in the education service district and is enrolled in a special education program under ORS , , and Where there is no education service district, the department shall bill the county school district or a common school district having county -wide jurisdiction. 2) The billing shall be equal to ( a) the average net operating expenditure per student of all school districts in the education service district during the preceding school year multiplied by ( b) the resident average daily membership of students enrolled in the special education program one -half of the school dap or more, exclusive of preschool children covered by ORS ) The children covered by this section shall be enumerated in the average daily membership of the district providing the instruction but credit for days' attendance of such children shall not accrue to such school district for the purpose of distributing state school funds. 4) The department shall notify each executive officer of the administrative office for the county, as defined in ORS , of its estimated billing not later than March 1 of each year. Not later than August 15, the department shall submit the actual billing to the executive officer. The due date for payment of the billing to the department shall be not later than December 15 following that August 15. 5) The education service district, county school district or common school district shall pay the amount of the billing from the county school fund. In cases where this billing exceeds the amount in the county school fund, the unpaid balance shall be recovered by a reduction by the department in the reimbursement under ORS to each district within the county based upon the ratio that claims under ORS of the district bear to the total amount of claims of all districts in the county under ORS ) The liability of a district shall not exceed the amount established under this section even if the child is otherwise subject to ORS and ) The amounts received by the department shall be credited to the appropriate subaccount in the Special Education Account. 3432A4 [ 1953 x710 7; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ 1959 x510 7 ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); repealed by 1965 c Special Education Account. ( 1) There is established in the General Fund a separate account to be known as the Special Education Account. All moneys received by the Department of Education under this section shall be deposited in the State Treasury to the credit of the account and appropriated continuously for purposes of ORS , , and The account shall be divided into two subaccounts: a) A subaccount for education under ORS and b) A subaccount for education under ORS and ) If the amount credited under paragraph ( a) of subsection ( 1) of this section and the General Fund appropriation for these programs are not adequate to meet costs, the Department of Education shall submit a revised budget to the Legislative Assembly or, if the Legislative Assembly is not in session, the Emergency Board. [ 1985 c [ 1953 c.710 8; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ Repealed by 1953 c MI [ 1959 x510 8 ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); repealed by 1965 c &253 [ 1953 c.710 9; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); 1965 c ; renumbered [ 1953 c ; repealed by 1959 c to enacted in lieu of to as compiled in 1957 Replacement Part)] 34&.260 [ Repealed by Instruction of certain hospitalized children. Under rules adopted by the State Board of Education: 1) The Superintendent of Public Instruction, in cooperation with the hospital authorities, shall be responsible for payment of the cost and oversight of the educational programs for children through 21 years of age in the following institutions: a) State - operated hospitals; and b) Private hospitals not including psychiatric facilities which:

238 SPECIAL EDUCATION SERVICES A) Have the capacity to admit patients from throughout the state; B) Provide specialized intensive treatment for children with severe, low- incidence types of disabling conditions; and C) Admit children who can expect to be hospitalized for extended periods of time or rehospitalized frequently. 2) The superintendent shall be responsible for the payment of the cost of the education by contract with the school district in which the state-operated hospital or private hospital is located. The hospital shall be responsible for the costs of transportation, care, treatment and medical expenses. The payments may be made to the school district, or at the discretion of the school district, to the district providing the education, as set forth in subsection ( 3) of this section, from the funds appropriated for the purpose. 3) The school district in which the state - operated hospital or a private hospital is located shall be responsible for providing the education directly or through an adjacent school district or through the education service district in which the program is located or one contiguous thereto. 4) The superintendent shall make the final determinations concerning the eligibility of hospitals to receive state funding un- der this section. [ 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); 1965 x ; 1975 c.621 8; 1975 c.693 2; 1979 c.737 1; 1985 c.555 3; 1989 c ; 1989 c ; 1989 c [ 1953 c , 15; repealed by 1959 x510 1 ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ 1959 c ( to and ( 2) enacted in lieu of to as compiled] in 1957 Replacement Part); repealed by 1965 c [ 1953 c , 14; repealed by 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ Repealed by 1953 c Centers for teacher training and consultation. The Superintendent of Public Instruction, in cooperation with the State Board of Higher Education, may establish in the state institutions of higher learning approved by the Teacher Standards and Practices Commission for the preparation of teachers, centers which will assist in the preparation of special teachers and which will provide consultant, evaluative, and instructional services in education to school districts and to children with disabilities. Funds appropriated for education of children with disabilities may be used to help defray costs to such centers. [ 1959 c ( to enacted in lieu of to as compiled in 1957 Replacement Part); 1965 c ; 1971 x602 11; 1975 x [ 1953 c.710 5, 10, 19; repealed by 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); repealed by 1965 c ] Payment of costs where district does not provide special education. An school district which enrolls a child in a strict other than that in which the child would be regularly enrolled in order to ob- tain special education, shall contribute to the district in which the child is enrolled a sum equal to the cost of educating the child in the district in which the child is enrolled x ; 1971 x [ 1953 c , 21; repealed by 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ Repealed by 1953 c [ 1959 c ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); 1965 c ; 1% 9 c.519 1; 1975 c ; 1977 c.714 7; 1985 c ; 1987 c ; repealed by 1991 c ] Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, 199Z See section 38, chapter 780, Oregon Laws The temporary text is set forth for the user's convenience State reimbursement of excess costs; limitations. Reimbursement to all districts for operation and administration of district special education programs approved by the Superintendent of Public Instruction under ORS shall be made subject to the following provisions: 1) A district shall submit by June 30 to the Superintendent of Public Instruction an estimate of the excess cost of providing special education for the following school year. 2) A district which provides special education shall file with the Superintendent of Public Instruction, on or before October 1 following the close of the school year for which reimbursement is claimed, a claim and such other information as may be required by the Superintendent of Public Instruction for reimbursement for which it is eligible for the excess cost of operation and administration of special education. 3) If the Superintendent of Public Instruction approves the claim of a district for reimbursement, the superintendent shall reimburse the district in addition to the Basic School Support Fund 30 percent of the approved excess cost of providing special education for the school year for which reimbursement is claimed, or its equal prorated share of funds available, but not to exceed 30 percent of the district's approved excess cost of special education. If an education service district provides the special education programs, the superintendent shall reimburse the education service district 30 percent of the approved excess cost of providing special education for the school year for which reimbursement is claimed, or its equal prorated share of funds available, but not to exceed 30 percent of the education service district' s approved excess cost of special education. 4) The Superintendent of Public Instruction distribute the funds provided for the education of chil- may dren with disabilities as provided in this chapter on an

239 3432M EDUCATION AND CULTURAL FACILITIES advance payment system which would allow the superintendent to distribute these funds in the year in which the expenses occurred. Computation of the amounts due each district operating a special education program shall be made by the Superintendent of Public Instruction pursuant to rules of the State Board of Education. The rules shall establish a method of computation and payment. 5) A school district which provides special education by paying tuition for an eligible, resident child with disabilities to a private school for children with disabilities approved by the State Board of Education may claim reimbursement for the excess cost of such special education tuition. 6) Districts may not claim state reimbursement under ORS , to , to , to , , and to for the per capita cost assessments for the education of resident children with disabilities in a state operated or state supported school in cases where a per capita cost assessment is billed directly to the district. 7) Where minimum determination of the eligibility of a child for special education requires a determination by qualified medical authorities or optometrists, as specified in ORS or requires an evaluation under the provisions of ORS ( 5), the cost of such determination may be claimed for reimbursement by the district when such cost is incurred by the district. 8) " Approved excess cost for special education' means all expenditures approved by the Superintendent of Public Instruction in accordance with administrative rules established by the State Board of Education made by a school district or education service district for providing instructional services for children with disabilities m, or in addition to, regular classes less the average per pupil cost for school children in the district multiplied by the number of children with disabilities in special class placements one -half of the school day or more claimed by the district. The average per pupil amount shall be determined by the Superintendent of Public Instruction based upon the previous school year. Costs which are reimbursed by federal or other state agency funds shall not be claimed as approved excess cost under this section. 344,283 [ 1985 c ; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text is set forth for the user' s convenience Residency determination. ( 1) Notwithstanding ORS , for purposes of determining school districts subject to ORS and , residency shall be determined as follows: a) A child who has attained the age of majority shall be considered a resident of that school district in which the child resides on the date the child enrolls in the educational program. be made by the Superintendent of Public Instruction in such manner as the superintendent considers satisfactory. Such determination shall be final [ 1953 c.710 4; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] 3432M Use of state funds to match federal funds. Where federal funds are made available on a matching basis for special education, state funds available for special education may be used to match the federal funds. [ 1959 c , 17, 20 ( to and (2) enacted in lieu of to as compiled in 1957 Replacement Part); 1963 c ; 1965 c.100 ON; 1969 c.519 2; 1975 x State Advisory Council for Special Education. ( 1) There is created a State Advisory Council for Special Education Children, consisting of not less than nine members appointed by the Superintendent of Public Instruction. Members must include handicapped individuals, parents or guardians of children with disabilities, educators of children with disabilities, state and local education officials, administrators of pro- grams for children with disabilities and other persons associated with or interested in the education of children with disabilities. Members shall be representative of the geographic areas of the state. The superintendent shall consider recommendations from the local councils in making appointments. 2) The State Advisory Council for Special Education Children shall review aspects of the statewide program of education of children with disabilities and advise the Supenntendent of Public Instruction and the State Board of Education on such programs. The council also shall advise the Superintendent of Public Instruction and the State Board of Education of unmet needs in the education of children with disabilities, com- ment publicly on any rules proposed for adoption by the State Board of Education concerning special education and the distrib- ution of funds for special education and assist the state in developing and reporting data and evaluations concerning special edu- cation. b) A minor child shall be considered a resident of ( 3) Terms of office shall be three years that school district in which the parent or person in parental relationship to the child resides on the date the one -third of the members beingg ap- child enrolls in the educational program. pointed each year. c) If the child is a ward of a court or an approved child -caring agency, the child shall be considered a resident of that school district in which the parent or person in parental relationship to the child resided on the date the child became a ward. d) If the child who is a ward of a court or an approved child - caring agency has no parents or person in parental relationship, or none can be located, the child shall be considered a resident of the school district in which the child resided when the child became a ward. 2) If the residency of any child remains in question, the determination of residency for that child shall ) Out of the funds appropriated to the Department of Education, the department shall reimburse members for necessary travel and other expenses under ORS to [ Formerly ; 1977 c.30 l; 1989 c.158 2; 1989 c [ 1953 c ; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] [ Repealed by 1953 c

240 SPECIAL EDUCATION SERVICES [ 1959 c ( to and (2) enacted in lieu of to as compil in 1957 Replacement Part); repealed by 1965 c Local advisory council on special education. ( 1) Every school district, combination of districts or education service district that operates or plans to operate a program of special education under ORS and may appoint one or more local advisory councils consisting primarily of parents of children being served in special education programs. 2) Each advisory council shall select its own chairman and vice chairman and fig the duties of its officers. 3) Each local advisory council shall re- view all aspects of the special program and report to the district school board, or boards or to the education service district board. The local council shall also make recommendations to the Superintendent of Public Instruction as to appointments to the State Advisory Council for Special Education. Formerly ; 1989 c M294 [ 1953 c ; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] Document of successful completion. The school district shall award to children with disabilities a document certifying successful completion of program re- quirements. No document issued to children with disabilities educated in full or in part in a special education program shall indicate that the document is issued by such a program. [ 1975 x [ 1953 c ; repealed by 1959 c to and (2) enacted in lieu of 3432M to as compiled in 1957 Replacement Part)] [ Repealed by 1953 c `101 [ 1959 c.58 l; 1965 c ; repealed by 1975 c [1985 x555 28; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The temporary text is set forth for the user's convenience (1) In accordance with rules adopted by the State Board of Education, the Superintendent of Public Instruction shall establish procedures for reimbursing school districts for special education and related services for children with extraordinary handicapping conditions creating needs which are beyond the resources of the school district and the community. 2) when a school district refers a child with extraordinary handicapping conditions to the Department of Education, the Superintendent of Public Instruction shall review the case and determine whether the school district should be reimbursed for the special education and related services for the child. In reaching this determination, the superintendent shall consider, among other factors, the following information: a) The child's educational, medical and psychological records and any prognosis concerning the child; b) The number of years that the child may need to receive special education and related services; c) The educational and other services available in the child's community or in close proximity to that community; d) The enrollment of, and resources available to, the school district of residence; and e) The proposed placement of the child. 3) The decision of the Superintendent of Public Instruction concerning whether or not to reimburse the school district for special education and related services for a child under this section shall be final. 4) A school district which obtains approval for reimbursement under this section shall file a claim with the Superintendent of Public Instruction on or before October 1 following the close of the school year for which reimbursement is sought. 5) The Superintendent of Public Instruction may distribute funds under this section on an advance payment basis which allows distribution in the year in which the expenses occur. 6) School districts may not make claim for state reimbursement under this section for any per pupil cost assessments for the education of resident children with disabilities in state- operated or state - supported schools. 7) A school district receiving reimbursement for a child under this section shall not claim reimbursement for the same child in the same year under ORS ) As used in this section, " extraordinary handicapping conditions" means: a) A multiplicity of handicaps which cannot be addressed in any program offered by local education agencies; or b) Extreme uncontrolled emotional or behavioral problems which make the child ineligible for any program which usually accepts seriously emotionally disturbed children [ 1953 c ; repealed by 1959 c to and (2) enacted in lieu of to as compiled in 1957 Replacement Part)] 349M [ 1971 c.449 1; 1973 c ; 1979 c.639 5; 1979 c.700 2; repealed by 1985 c [ 1971 c.449 2; repealed by 1985 c [ Repealed by 1953 x [ 1957 c.556 2; repealed by 1963 c [ Repealed by 1953 c [ 1957 x556 l; repealed by 1963 c [ Repealed by 1953 c [ 1957 c ; repealed by 1963 c [ Repealed by 1953 c [ 1957 c.556 6, 9; repealed by 1963 c [ Repealed by 1953 c EARLY INTERVENTION SERVICES [ ; 1989 c ; repealed by 1991 c Note: The repeal of by section 6, chapter 749, Oregon Laws 1991, becomes operative July 1, See section 29, chapter 749, Oregon Laws The temporary text is set forth for the user' s convenience ( 1) It is the policy of the State of Oregon to provide early intervention services to preschool children with disabilities immediately upon identification of their handicapping condition for purposes of fostering their developmental growth, maximizing their potential for independent functioning in society and reducing the stress of their families

241 EDUCATION AND CULTURAL FACILPI'IES 2) In carrying out the provisions of subsection ( 1) of this section, the State Board of Education and the Mental Health and Developmental Disability Services Division shall establish by rule criteria by which to determine those preschool children with disabilities entitled to early intervention services under ORS , , , and These criteria shall focus on children with disabilities that can be expected to continue indefinitely, and that cause a substantial delay in the children' s development and their ability to function in society. 3) In the manner provided in subsection ( 5) of this section, the Department of Education and the Mental Health and Developmental Disability Services Division shall provide early intervention services to preschool children with disabilities determined eligible for such services under rules established pursuant to subsection 2) of this section. Early intervention services are programs of treatment and habilitation designed to address a child' s developmental deficits in sensory, motor, communication, self -help and socialization areas. Such services may include classroom training, parent training and consultation, transportation to classroom program, and other ancillary services such as physical therapy, occupational therapy and speech therapy. These services shall be provided within the limit of funds specifically appropriated or authorized for the services. 4) An individual program plan shall be developed annually for each child receiving early intervention services which contains specific and measurable goals and objectives for the child' s developmental growth. The plan shall be developed at an annual planning meeting with the participation of the parents of the child or a representative and professionals with specialized knowledge related to the child's disabilities. A representative of the resident school district of the child shall participate in the planning meeting the last year before the child enters school. 5) The Mental Health and Developmental Disability Services Division shall provide early intervention for preschool children with mental retardation and other developmental disabilities and the Department of Education shall provide early intervention services to all other eligible preschool children directly or by contract with public or private agencies. The two agencies shall coordinate their activities to assure the effective and efficient delivery of services. 6) The Mental Health and Developmental Disability Services Division and the State Board of Education shall establish by rule procedures for mediation of disputes concerning eligibility for or appropriateness of services in individual cases, conduct of hearings relating to eligibility or appropriateness and for any other due process or procedural requirements that may result from the implementation of ORS , , and to Insofar as possible the procedures shall be uniform. The division and the state board, respectively, shall be the answering party in any proceedings under ORS , , and to [ 1957 c.556 8; repealed by 1963 c [ 1983 c.731 5; 1989 c ; repealed by 1991 c Note: The repeal of by section 6, chapter 749, Oregon Laws 1991, becomes operative July 1, See section 29, chapter 749, Oregon Laws The temporary text is set forth for the user's convenience ( 1) The Superintendent of Public Instruction and the Mental Health and Developmental Disability Services Division shall establish jointly a Coordinating Council for Early Intervention Services. The Superintendent of Public Instruction and the Assistant Director for the Mental Health and Developmental Disability Services Division, or their designees, shall serve on this council and each shall appoint one recognized expert in early intervention services for preschool children with disabilities. Additionally, the superintendent and the assistant director shall appoint jointly one representative of a major consumer advocacy group that represents the interests of children with disabilities and one representative of a provider group serving preschool children with disabilities. 2) The coordinating council shall meet at least semiannually and shall insure that the department and the division: services. a) Set appropriate standards for early intervention b) Implement and maintain standardized statewide program evaluation systems, which measure individual child progress, program compliance with standards and overall program effectiveness. c) Implement and maintain a statewide central registry of early intervention services. 3) The coordinating council shall: a) Report to the Legislative Assembly on the effectiveness of early intervention services; and b) Conform any procedures it institutes with the requirements imposed pursuant to ORS ( 6). 4) Members of this council shall not be eligible for subsistence and mileage allowances under ORS [ Repealed by 1953 c Transportation costs. ( 1) School districts are not eligible to receive moneys from the State School Fund for children in the early intervention and early childhood special education programs. 2) The Department of Education shall not bill a resident school district for a child receiving services under this section even if the child is served by a county or regional program otherwise subject to ORS ) The resident school district shall provide transportation services to preschool children with disabilities, as defined in ORS , age three until the age of eligibility for kindergarten, as a related service and as required, to children from birth to three years of age, enrolled in programs under ORS , , , , , , and to and may include those costs in their claims for transportation costs reimbursement by the state. No state agency is required to pay transportation other than the claims on the State School Fund. [ 1983 c.731 6; 1987 c.238 1; 1991 c ) Note: The amendments to by section 22, chapter 749, Oregon Laws 1991, become operative July 1, See section 29, chapter 749, Oregon Laws The text that is operative until July 1, 1992, is set forth for the user' s convenience '169. ( 1) Money for the early intervention programs shall be credited annually from the Basic School Support Fund and shall be placed in the fund described in ORS ( l)(b). The amount to be credited annually shall be one -half the statewide average net operating expenditures per child in resident average daily membership, as defined in ORS , times the number of children enrolled in early intervention programs during March immediately prior to the beginning of the fiscal year. The average expenditures per child shall be

242 SPECIAL EDUCATION SERVICES determined annually by the Superintendent of Public Instruction based upon the previous school year. 2) The Department of Education shall transfer the amount due based on the number of children being served in Mental Health and Developmental Disability Services Division early intervention programs to the Mental Health and Developmental Disability Services Division on July 1. The department shall retain the remainder of the funds to pay for those early intervention programs for which the department contracts. School districts are not eligible to receive moneys from the Basic School Support Fund for children in the early intervention programs. 3) The Department of Education shall not bill a resident school district for a child receiving services under this section even if the child is served by a county or regional program otherwise subject to ORS ) School districts shall provide transportation services to preschool children with disabilities attending programs under ORS and may include those costs in their claims for transportation costs reimbursement under ORS No state agency is required to ay transportation other than the claims on the Basic School Support Fund [ 1957 c.556 7; repealed by 1963 c When district liable for costs. School districts shall not be financially re- sponsible for noneducational care of a child with disabilities unless that district has participated in development of the child' s indi- vidualized education plan that clearly documents such care is prerequisite to the child receiving a free and appropriate education and the placement is for educational program needs, rather than care needs. [ 1983 c [ Amended by 1955 c.333 l; renumbered '175 [ 1957 c.556 4, 5; repealed by 1963 c [ Amended by 1955 c.333 2; renumbered [ 1957 c ; repealed by 1963 c [ Renumbered TALENTED AND GIFTED CIULDREN Purpose of ORS to The purpose of ORS to is to facilitate the identification and education of talented and gifted children c.528 1; 1963 c ; 1971 c.613 1; 1979 c [ 1959 c ; repealed by 1961 c Definitions for ORS to As used in ORS to , unless the context requires otherwise: 1) " Application" means a request by a school district for state funds to develop and operate programs for students under an ap- proved, written plan as contained in ORS 2) " Board" means the State Board of Education. 3) " Department" means the Department of Education. 4) " Identification" means the formal process of screening and selecting talented and gifted children according to administrative rules established by the board. 5) " School district" has the same meaning as in ORS ( 2) and also includes, where appropriate, an education service district, state operated schools or programs or a consortium of school districts submitting a joint plan. 6) " Superintendent" means the Superintendent of Public Instruction. 7) " Talented and gifted children" means those children who require special educational programs or services, or both, beyond those normally provided by the regular school program in order to realize their con- tribution to self and society and who demonstrate outstanding ability or potential in one or more of the following areas: a) General intellectual ability as commonly measured by measures of intelligence and aptitude. b) Unusual academic ability in one or more academic areas. c) Creative ability in using original or nontraditional methods in thinking and producing. d) Leadership ability in motivating the performance of others either in educational or noneducational settings. e) Ability in the visual or performing arts, such as dance, music or art. [ 1959 c.528 2; 1963 c ; 1965 c ; 1971 c.613 2; 1979 c.385 2; 1987 c Nature of programs. It is legislative policy that, when talented and gifted programs are offered, the programs should be provided by common or union high school districts, combinations of such districts or education service districts, in accordance with ORS , and that the state will provide financial and technical support to the districts to implement the education programs within the limits of available funds c.385 8; 1981 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for fur- ther explanation Plan for improvement of instruction or curriculum for talented and gifted children. Any school district may submit to the superintendent for approval a written plan of instruction for talented and gifted children. The plan shall include, but not be limited to: 1) A statement of school district policy on the education of talented and gifted children;

243 EDUCATION AND CULTURAL FACILITIES 2) An assessment of current special programs and services provided by the district Y6 talented and gifted children; 3) A statement of district goals for pro- viding comprehensive special programs and services and over what span of time the goals will be achieved; 4) A description of the nature of the special programs and services which will be provided to accomplish the goals; and 5) A plan for evaluating progress on the district plan including each component pro- Yem and service. [ 1959 c.528 5, 6, 7; 1963 x570 23; 1965 x ; 1971 c.613 3; 1979 c State aid to local districts. ( 1) Any school district may apply for state funds for special programs and services for talented and gifted children identified in the district. 2) The superintendent shall annually establish a date after which no further applications shall be received for state funds under this section. 3) The superintendent shall select applications from among those that comply with ORS to and rules adopted by the board. Any criteria used by the superintendent to evaluate applications shall include, but not be limited to: a) A statement of the school district' s present level of special educational programs and services for the talented and gifted and how the special educational programs and services contained in the application conform with the school district's written plan. b) Identification procedures that comply with rules adopted by the board. c) A detailed budget for the program ex- penditures. d) A description of the individual student assessment and evaluative procedures and tools. e) A justification of special educational services and programs for identified talented and gifted students in terms of the student assessment and evaluation. f) An evaluation desiggnn which meets standards set forth by the de s= ent. [ 1959 c.528 8; 1963 c ; 1965 c ; 1971 c.613 4; 1979 c Use of funds appropriated for ORS to ( 1) The funds specifically appropriated for the program under ORS to shall be distributed to districts that have approved, written plans and have submitted an application to the superintendent which has been approved. 2) State funds shall be allocated on an approved program cost basis, the amount of which shall be established by the board annually. 3) No application shall be approved by the superintendent unless the district agrees to expend district funds for special educational programs for talented and gifted children in an amount equal or greater than the amount of state funds approved by the superintendent. 4) The districts shall account for the grant funds as expended for the identified pupils on a form acceptable to the department, as described in rules adopted by the board. [ 1959 c.528 9; 1963 c a; 1965 e ; 1971 c.613 5; 1979 c [ 1959 c ; 1963 c ; repealed by 1965 c AN Funding for program development. ( 1) The superintendent may annually expend funds appropriated for the talented and gifted program to provide support for the development of talented and gifted education statewide. shops; 2) These services may include: a) Teacher training programs and work- b) Consultant and technical assistance to districts; c) Small grants to and contracts with school districts, education service districts, colleges and universities and private con- tractors to produce and disseminate curriculum and instruction materials to other school districts; and d) Training and assistance for parents of the talented and gifted children in meeting the educational needs of their children. 3) The amount of funds that may be ex- pended for purposes described in this section shall not exceed 10 percent of the amount appropriated in a biennium for purposes of ORS to [ 1971 c.613 6; 1979 x385 6; 1981 x833 1; 1987 c UO5 [ 1963 x570 22a; repealed by 1965 x Identification of talented and gifted students. School districts shall identify talented and gifted students enrolled in public schools beginning with the school year under rules adopted by the State Board of Education. [ 1987 c Talented and gifted programs required; compliance. School districts shall provide educational programs or services to talented and gifted students enrolled in public schools beginning with the school year under rules adopted by the State Board of Education. Pursuant to criteria specified in rules of the state board, the state board may authorize extensions beyond July 1, 1992, for complying with the requirement of this section in cases of financial hardship x337 41

244 SPECIAL EDUCATION SERVICES SUA [ 1955 c.658 2; 1961 c.541 1; 1965 c ; 1971 c.96 l; repealed by 1975 c SAII When identification and programs for certain children required or optional; state gnudelines. ( 1) ORS and shall apply to the identification of and provision of special educational programs and services for the talented and gi d as described in ORS ( 7)( a) and and rules adopted by the State Board of Education. 2) School districts may identify and pro- vide special educational programs and services for students who demonstrate creative abilities, leadership abilities or unusual abilities in the visual or performing arts as described in ORS ( 7)( c), ( d) and ( e) and rules adopted by the board. 3) The board shall adopt state guidelines for the identification and provision of special educational programs and services described in subsection ( 2) of this section. [ 1991 c Short title. ORS to shall be known as the Oregon Talented and Gifted Education Act. [ 1987 c EARLY CHILDHOOD EDUCATION Definitions for ORS to As used in ORS to : 1) " Approved program" means an early childhood education program approved by the Department of Education. 2) " At -risk children" means children who may have difficulty achieving in school and who meet criteria established by the State Board of Education. 3) " Early childhood education" means educational programs that conform to the standards adopted by the State Board of Education and that are designed for the education and training of children who are at least three years of age but have not passed their ninth birthday, and includes all special edu- cational programs established and operated under this chapter. 4) " Early Childhood Improvement Program" means those programs meeting the criteria included in ORS and comply - ing with rules adopted by the State Board of Education. 5) " Extended day services" means programs that serve young children and operate during hours beyond regular school time c.455 2, 1991 x SUM [1955 c.658 l; 1961 c.541 2; 1965 c ; repealed by 1975 c Operating guides; approval. (1) The Department of Education shall prepare operating guides for early childhood education programs applicable to programs under ORS to that are consistent with requirements imposed by the State Board of Education for grades kindergarten through three. 2) The Department of Education shall review applications for approval of early childhood education programs and may approve those prekindergarten programs after considering: a) The educational adequacy and type of program. b) The number of children who will be served by the program. c) The availability of trained personnel and facilities. d) The need for the program in the applying district. [ 1975 x ASO [ 1955 c.658 3; 1961 c.541 3; repealed by 1965 c ] How district may provide early childhood education. Subject to the approval of the Superintendent of Public In- struction: 1) The district school board of any school district in which there are resident children who are three years of age or older but who have not attained compulsory attendance age and who are not enrolled in a kindergarten of the district may: a) Provide early childhood education for such children as part of the district's educa- tional program; or b) When the board considers a contract to be economically feasible and in the interests of the learning opportunities of eligible children, contract for instruction of such children in a school district operating an approved early childhood education program, subject to such reimbursement as the districts may agree. 2) An education service district may operate an approved early childhood education program in the same manner as programs are provided under ORS or [ 1975 cam 4l 343A40 [ 1955 x658 6, 7; 1957 x219 1; 1959 x182 1; 1961 c.541 4; 1963 c a; repealed by 1965 c ( enacted in lieu of )] 343A41 [ 1965 c ( enacted in lieu of ); repealed by 1975 c A45 [ 1965 c ; repealed by 1975 c [ 1955 c.658 8; 1961 x541 5; 1963 c b; 1965 c ; repealed by 1975 c Responsibility of prekindergarten programs for early childhood special education services. ( 1) Prekindergarten programs shall be responsible for providing early childhood special education services pursuant to ORS , , , , , , and to

245 343A65 EDUCATION AND CULTURAL FACILITIES 2) Not less than 10 percent of the population of children served in prekindergarten programs shall be children who are eligible to receive early childhood special education services. [ 1991 c Note: was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 343A60 [ 1955 c ; 1959 c.182 2; 1961 x541 6; 1963 x570 25c; 1965 c ; repealed by 1975 c SERVICES FOR PRESCHOOL CHILDREN WITH DISABILITIES 343A65 Policy on services to preschool children with disabilities. ( 1) It is the policy of this state to respect the unique nature of each child, family and community with particular attention to cultural and linguistic diversity, and to support a system of services for preschool children with disabilities and their families that: a) Recognizes the importance of the child' s family, supports and builds on each family' s strengths and respects family decision - making and input regarding service options and public policy. b) Identifies, evaluates and refers services for preschool children with disabilities at the earliest possible time. c) Uses specialized services and all other community services and programs for children, including community preschools, Head Start programs, community health clinics, family support programs and other child - oriented agencies. d) Uses a variety of funding sources for preschool children with disabilities and their families, including public and private funding, insurance and family resources. e) Assists families in utilizing necessary services in the most cost - effective and efficient manner possible by using a coordinated planning and implementation process. f) Insures that all children and their families, regardless of disability, risk factors or cultural or linguistic differences, are able to utilize services for which they would otherwise be qualified. g) Encourages services and supports for Fchildren with disabilities and their families in their home communities and in settings with children without disabilities. h) Recognizes the importance of developing and supporting well- trained and competent personnel to provide services to preschool children with disabilities, and their families. i) Evaluates the system' s impact on the child and family, including child progress, service quality, family satisfaction, transition into public schooling, longitudinal and cumulative reporting over several biennia and interagency coordination at both the state and local level. Q) Reports information described in paragraph ( i) of this subsection to the State Early Intervention Coordinating Council, the Governor, the Superintendent of Public Instruction, the State Board of Education and the Legislative Assembly each biennium. 2) In carrying out the provisions of subsection ( 1) of this section, the Department of Education, the Department of Human Resources and the Department of Higher Edu- cation shall coordinate services to preschool children with disabilities, or who are at risk of developing disabling conditions, and their families. All program planning, standards for service, policies regarding services delivery and budget development for services for preschool children with disabilities, and their families shall reflect the policy outlined in subsection ( 1) of this section and elaborated through rules and agreements. [ 1991 c Note: to take effect July 1, x170 [ 1955 c ; 1959 c.182 3; 1961 c.541 7; 1963 c ; 1965 x ; 1969 c.544 8; repealed by 1975 c A75 Program of early childhood special education; service areas; primary contractor; residency; sanctions; fiscal impact statement. ( 1) In accordance with rules adopted by the State Board of Educa- tion, the Superintendent of Public Instruction shall develop and administer a statewide, comprehensive, coordinated, multidisciplinary, interagency program of early childhood special education and early intervention services for preschool children with disabilities and may: a) Establish and designate service areas throughout the state for the delivery of early childhood special education and early inter- vention services. b) Designate in each service area a primary contractor that shall be responsible for the administration and coordination of early childhood special education and early intervention services to all eligible preschool children and their families residing in the service area. 2) Preschool children with disabilities shall be considered residents of the service area where the children are currently living, including children living in public or private residential programs, hospitals and similar facilities. 3) In addition to any other remedy or sanction that may be available, the Superintendent of Public Instruction may withhold funds and terminate the contract of any con-

246 SPECIAL EDUCATION SERVICES tractor that fails to comply with any provisions of the contract. 4) In proposing rules under this section, the board shall cause a fiscal impact statement to be prepared. [ 1991 x Note: See note under [ 1955 c.658 9; 1961 c.541 8; repealed by 1965 c ] Rules relating to confidentiality. The State Board of Education shall adopt by rule procedures to insure that the Department of Education and early childhood special education and early inter- vention contractors maintain as confidential all records relating to preschool children with disabilities, but only to the extent regwired by federal law. The department and the contractor shall not disclose the records except as provided by rule. [ 1991 c Note: See note under [ 1955 c ; 1965 c ; ; repealed by 1975 c WAN Procedure if no contractor designated for service area ( 1) If no contractor is designated for a service area, and no qualified county agency is available to manage the necessary services or to subcontract the services, the Superintendent of Public Instruction may provide early childhood special education and early intervention services in a local, county or service area. 2) Programs operated by the Department of Education must comply with rules adopted b the State Board of Education for early ckildhood special education and early inter- vention contractors. [ 1991 x Note: See note under State Early Intervention Coordinating Council; membership; duties; term; travel reimbursement; staf. (1) There is created a State Early Intervention Coordinating Council, consisting of 15 members, appointed by the Governor from a list of eligible appointees provided by the Department of Education, developed in consultation with the Department of Human Resources. Members must include at least three parents of preschool children with dis- abilities and whose children are of preschool age at the time of appointment, at least three contractors of early childhood special educa- tion services, a representative of an agency or organization that trains personnel for employment in early childhood special education programs, a member of the State Advisory Council for Special Education, a representative of the joint planning group established under ORS , and at least one member of the Legislative Assembly and shall include other community representatives, including parents of older children with disabilities as recommended by the Department of Education. 2) The State Early Intervention Coordinating Council shall: a) Advise the Superintendent of Public Instruction and the State Board of Education of unmet needs in the early childhood education and early intervention programs for preschool children with disabilities, review and comment publicly on any rules proposed by the State Board of Education and the distribution of funds for the programs and assist the state in developing and reporting data and evaluations of the programs and ser- vices. b) Advise and assist the joint planning group established under ORS and the represented public agencies regarding the services and programs they provide to pre- school children with disabilities or who are at risk of developing disabling conditions, and their families, including public comments on any proposed rules affecting the target population and the distribution of funds for such services, and assist each agency in developing services that reflect the overall goals for the target population as adopted by the council. 3) Terms of office for council members shall be three years, except for the representative from the Legislative Assembly, the representative from the State Advisory Council for Special Education and the representative from the joint planning group, who shall serve one -year terms. 4) The Department of Education shall reimburse members of the council for necessary travel and other expenses under ORS ( 2), out of funds appropriated to the department for this purpose. 5) The department shall provide clerical and administrative support to the council Note: See note under [ 1955 x658 4, 5; 1957 c.219 2; 1961 c.541 9; 1965 c ; renumbered ] Joint planning group; duties; agency disclosures. ( 1) The Superintendent of Public Instruction and the Director of the Department of Human Resources shall convene a joint planning group representative of the agencies that provide or pay for services to preschool children with disabilities or at risk of developing disabling conditions and their families ) These representatives shall insure that: a) The services provided by the represented agencies for preschool children with disabilities or who are at risk of developing disabling conditions, and their families are in

247 EDUCATION AND CULTURAL FACILITIES conformity with the policy established in ORS ; b) The provisions of interagency agreements under ORS are carried out; and c) Each agency' s services and policies regarding services for preschool children with disabilities, or who are at risk of developing disabling conditions, and their families are coordinated to the maximum extent possible to assure cost - effective and efficient use of resources. 3) Each agency shall disclose the following information: a) The number of preschool children with disabilities, or who are at risk of develoiling disabling conditions, and their families that the agencies serve, including numbers of children served by more than one agency; b) The amount of state- administered funds expended on behalf of the population identified in paragraph ( a) of this subsection; and c) Examples of the interagency agreements developed as a result of ORS , including evaluative information regarding the effect of these agreements on services and expenditures of state - administered funds c Note: See note under [ 1971 c.602 2; repealed by 1975 c Local early intervention interagency advisory council; members; officers. ( 1) Each contractor for early childhood special education and early intervention services shall assist in the development of a local early intervention interagency advisory council in every county within the contractor' s service area. 2) Each local early intervention interagency advisory council shall include as members at least 20 percent parents of preschool children with disabilities, 20 percent providers of early childhood special education and early intervention services or other services to preschool children with disabilities, a representative of the Oregon Community Children and Youth Services Commission and representatives from public and private agencies that serve young children and their families, including but not limited to Head Start and Oregon prekindergarten programs, community day care, local school districts, educational service districts, Department of Education regional special education programs, the Health Division, community Mental Health and Developmental Disability Services Division programs, the Children' s Services Division, the Adult and Family Services Division, Indian education agencies, migrant programs serving young children and community colleges. 3) Each local early intervention interagency advisory council shall select its own chairperson and vice chairperson and fix the duties of its officers. 4) The department shall establish procedures pursuant to rules of the State Board of Education for seeking and considering local council advice regarding the selection of contractors, coordination of services and procedures for local resolution of disputes c Note: See note under rM [ 1971 c.602 3; repealed by 1975 c ] [ 1955 c ; repealed by 1965 c Interagency agreements to provide services. ( 1) The Department of Education shall enter into written interagency agreements with state or federal agencies contracting for, or providing services to, preschool children with disabilities or who are at risk of developing disabling conditions, and their families. clude: 2) Each interagency agreement shall in- a) Components necessary to insure effective cooperation and coordination among the agencies involved in providing services to preschool children with disabilities. b) A clear description of financial responsibility of the agencies for paying for early childhood special education and early intervention services, case management services and other services to preschool children with disabilities and their families. c) Procedures for resolving, in a timely manner, interagency disputes regarding services, eligibility or financial responsibility related to eligible children. d) A description of each agency' s procedure for resolving internal disputes regarding the agency' s services, eligibility determination or financial responsibility. e) A process for the Department of Education to follow to achieve resolution of disputes within the agency entering into the agreement with the department, if the given agency is unable to resolve its own internal disputes within 60 calendar days. [ 1991 c ] Note: See note under Eligibility criteria. The State Board of Education shall establish by rule procedures prescribing the eligibility criteria for early childhood special education and early intervention services. [ 1991, c Note: See note under [ 1971 c.602 4; repealed by 1975 c

248 SPECIAL EDUCATION SERVICES Parent initiated - referral to determine eligibility. (1) Whenever the parent of a child believes that the child is eligible for early childhood special education or early intervention services or is concerned about the child' s developmental progress, the parent may initiate a referral to the contractor, or the designated referral and evaluation agency, in the county where the child resides. 2) Services contractors, community agencies or individuals in the community may also assist the family to initiate a referral if they believe that a child is eligible for early childhood special education or early intervention services or they are concerned about the child' s developmental progress. 3) Nothing in this section shall relieve school districts of the duty to identify, locate and evaluate preschool children with disabil- ities under ORS ( 3). [ 1991 x Note: see note under [ 1971 c ; repealed by 1975 c [ 1955 c ; repealed by 1965 c Individual family service plan; meeting required; annual review of plan; plan content. ( 1) In accordance with rules of the State Board of Education, the agencies under contract with the Department of Education to provide early childhood special education or early intervention services must assure that an individual family service plan is developed for each preschool child with a disability who is determined eligible for early childhood special education or early intervention services and for the child' s family. The Department of Education or its contractors shall not be responsible for the cost of other services of the individual family service plan that are not early childhood special education or early intervention services. The individual family service plan must be developed in a meeting conducted within 30 working days from the time the child is de- termined to be eligible for the services. 2) The meeting arrangements must be made with, and written notice provided to, the parents and other participants at least seven days prior to the meeting date. Meetings must be conducted: a) In settings and at times that are convenient to the parent; and b) In the native language of the parent or other mode of communication used by the family. 3) A review of the individual family service plan must be conducted annually, or more frequently if needed. The family or any other member of the team can initiate a meeting. The review may be carried out by a meeting or by another means that is ac- ceptable to the parent and other participants. The Purpose of the annual review is to determine: a) The degree of progress toward achieving the goals and objectives; and b) Whether modifications or revisions of the goals, objectives or services are neces- sary. 4) A representative of the resident school district of the child shall participate in the annual meeting the year before the child enters school. 5) Each individual family service plan shall contain: a) A statement of the child' s present level of development; b) A statement of the specific early childhood special education or early inter- vention services necessary to meet the unique needs of the child; c) With concurrence of the family, a statement of the family' s strengths, needs and major outcomes expected to be achieved as they relate to enhance the development of the child; d) A statement of the annual goals and short -term objectives expected to be achieved for the child, and the criteria, evaluation procedures, evaluation schedules and time lines for each short -term objective; e) Projected dates of initiation of services and the anticipated duration of those services; f) The name of the person or persons responsible for implementation of the plan and coordination with other agencies and persons; g) Steps to be taken to support transition of the child to public schooling; and h) Other services, such as medical services, that the child may need but that are not early childhood special education or early intervention services. [ 1991 c Note: See note under SOM5 [ 1971 c.602 8; 1975 c ; renumbered Notice of proposed charge; content. ( 1) Written notice that meets the requirements of subsections ( 2) and ( 3) of this section must be given to the parent of a pre- school child with a disability or the parent of a preschool child suspected of having a disability within seven days before the contractor or the contractor' s designee: a) Proposes to initiate or change the identification, evaluation or placement of the child or the provision of early childhood special education or early intervention services to the child; or

249 EDUCATION AND CULTURAL FACILITIES b) Refuses to initiate or change the identification, evaluation or placement of the child or the provision of early childhood special education or early intervention services to the child. 2) The notice in subsection ( 1) of this section must include: a) A full explanation of all procedural safeguards available to the parent under this section; b) A description of the action proposed or refused by the contractor or designee, an explanation of why the contractor or designee proposes or refuses to take the action and a description of any options considered and the reasons why those options were rejected; c) A description of each evaluation procedure, test, record or report the contractor or designee used as a basis for the proposal or refusal; and d) A description of any other factors that are relevant to the proposal or refusal. 3) The notice must be: a) Written in language understandable to the general public; and b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so. 4) If the native language or other mode of communication of the parent is not a written language, the contractor or designee shall take steps to insure: a) That the notice is translated orally or by other means to the parent in the parent' s native language or other mode of communi- cation; b) That the parent understands the content of the notice; and c) That there is written evidence that the requirements in paragraphs ( a) and ( b) of this subsection have been met. [ 1991 c ] Note: See note under [ 1971 c-602 9; 1975 c ; renumbered ] Rules governing disputes con- cerning eligibility or services; procedural safeguards. ( 1) The State Board of Educa- tion shall establish by rule procedures for the conduct of mediation or hearings to settle disputes concerning eligibility for or appropriateness of services in individual -cases and procedures for any other due process or procedural requirements that may result from the implementation of early intervention services. 2) The State Board of Education shall assure by rule that all preschool children who are three years of age to eligibility for entry into kindergarten are provided by the Department of Education the same procedural safeguards and rights as those provided to school age children with disabilities under this chapter. [ 1991 x749 19, 201 Note: see note under Grant funds to approved providers. ( 1) The funds specially appropriated to early childhood special education and early intervention services shall be con- tracted to providers that have been approved by the Superintendent of Public Instruction. 2) State funds shall be allocated on an approved program basis, the amount of which shall be established pursuant to rules of the State Board of Education. 3) The provider shall account for the grant funds as expended on a form acceptable to the superintendent pursuant to rules of the state board. ( 1991 x Note: See note under [ 1971 c.602 5; repealed by 1975 x ( 1971 x602 6; repealed by 1975 c [ 1971 c.602 7; repealed by [ 1971 c ; repealed by 1975 c [ 1959 c.218 1; 1965 c ; 1965 c.237 1; 1969 c.109 1; repealed by 1975 c [ 1959 c.218 2, 3, 10; 1963 c ; 1965 c ; 1965 c.237 2; 1971 c ; repealed by 1975 c ] [ 1959 c.218 4, 8, 9; 1965 c ; 1965 c.237 3; repealed by 1975 c [ 1959 x218 5; 1965 c ; 1965 c.237 4; 1971 c ; repealed by 1975 c ,9.580 [ 1959 c.218 6, 7; repealed by 1965 x ] [ 1955 a15 l; 1955 c.410 1; repealed by 1963 c.21 2l [ 1955 c.15 2; 1955 c.410 2; repealed by 1963 c , 830 [ 1955 c.15 3; 1955 c.410 3; repealed by 1963 c.21 2] [ 1955 c.410 4; repealed by 1963 a21 21 DISADVANTAGED CIEM REN Definitions for ORS to As used in ORS to , unless the context requires otherwise: ) " Disadvanta ed children" means chil- dren who in their backgrounds are socially or culturally deprived to such a degree that without supplemental facilities and services they cannot profit in the regular school program to the same extent as children with normal backgrounds. 2) " Facilities and services": a) Means special equipment, materials, supplies and services and regular equipment, materials, supplies and services to the extent that they are specially used or consumed in

250 SPECIAL EDUCATION SERVICES providing special education for the primary purpose of preventing or overcoming learning deficiencies; and b) Includes special classes, special instruction in or in addition to regular classes, nursery schools and kindergartens, extracurricular programs, camp and recreation programs, testing and research programs, orientation programs, counseling and guidance programs, cafeteria service, transportation and the construction and use of special schools or centers, or the construction of additions thereto. [ 1965 c.531 1, 1967 c Note: to were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 343 by legislative action. See Preface to Oregon Revised Statutes for further explana- tion Facilities and services for disadvantaged children. The district school board of any school district in which the regular school program is inadequate for the educational needs of disadvantaged children may provide facilities and services for such children during and outside of regular school hours and regular school days. [ 1965 c.531 2; 1973 a707 4; 1973 c Note: See note under Advance payment. Notwith- standing the provisions of any other law, the Department of Education may make advance payment from funds received by the Department of Education pursuant to Public Law 89-10, to school districts based on the esti- mated cost of any approved program or service to be provided. [ 1965 c.531 6; ] 989 c Note: See note under Advance payments and reimbursements to districts of 40,000 for operation and construction costs. ( 1) For the purposes of carrying out the provisions of ORS to the Department of Education shall advance to or reimburse any common or union high school district with at least 40,000 average daily membership, as defined by ORS , from funds specifically appropriated for such purposes, such amounts as may from time to time be certified by such district as required therefor. 2) The certificate shall specify separately a) the amounts required for operations and b) the amounts required for construction of s ecial schools or centers, or additions thereto. The amounts obtained for construction shall be related to progress of con- struction as determined by the district. 3) Any amounts remaining unexpended and unobhgated as of June 30 of the fiscal year or biennium for which they were appropriated shall revert to the General Fund c.443 3; 1981 c Note: See note under M [1979 x277 9; repealed by 1981 c STUDENT DRIVER TRAINING Definitions for ORS to As used in ORS to , unless the context requires otherwise: 1) " Facility" means any facility for the deaf operated under ORS , the Hillcrest School of Oregon and the MacLaren School for Boys. 2) " Private school" means a private or parochial high school. 3) " Public school" means a common or union high school district and a community college district. [ 1973 c Student driver training program. A student driver training program shall be conducted in order to facilitate the policing of the streets and highways of this state and to reduce the direct cost thereof by educating youthful drivers in safe and proper driving practices. [ 1957 cm l; School course in automobile driver instruction. (1) Any private or public school or facility may offer a course in automobile driver instrdction. The course of instruction shall be devoted to the study and practice of the rules of the road, the safe and proper operation of motor vehicles, accident prevention and other matters which promote safe and lawful driving habits and reduce the need for intensive hi hway policing. The course shall include classroom instruction and instruction in dual control automobiles. No pupil shall participate in behind -thewheel instruction unless the pupil is enrolled in or has completed a course in classroom instruction. 2) A person employed to teach a course in automobile driver instruction must meet qualifications established by the Teacher Standards and Practices Commission. However, a person employed to give behind -thewheel driver instructions is not required to hold a teaching license under ORS ), ( 2) and ( 3). [ 1957 x206 2; ] 959 x421 2; ] 965 c ; 1969 c.407 1; 1969 c.623 1; 1973 x724 3; 1979 c.307 7] State reimbursement. ( 1) Each public school or facility offering a course in automobile driver instruction shall keep accurate records of the cost thereof in the manner required by the Department of Education, pursuant to rules of the State Board of Education. Each public school or facility shall be reimbursed on the basis of the number of pupils completing the course, including any private school pupils completing the course in the public school, to the extent of the lesser of the following schedules:

251 EDUCATION AND CULTURAL FACILITIES a) 90 percent of the cost of conducting the course, or if tuition is charged, 90 percent of the cost after deducting tuition; or b) $ 150 per pupil completing the course, including any private school pupil completing the course in a public school. 2) If funds available to the Motor Vehicles Division for the Student Driver Training Fund are not adequate to pay all approved claims in full, public schools and facilities shall receive a pro rata reimbursement based upon the ratio that the total amount of funds available bears to the total amount of funds required for maximum allowable reimburse- ment. [ 1957 c.206 3; 1959 e.421 3; 1961 c.658 l; 1963 c.235 2; 1965 c ; 1965 c.549 1; 1969 c.407 2; 1969 x623 2; ; 1981 c.473 3; 1983 c.583 3; 1989 c ; ] Student Driver Training Fund. 1) There is created the Student Driver Training Fund, separate and distinct from the General Fund. All payments required under ORS to and moneys paid into the fund under ORS and all expenses incurred in the administration of those sections shall be made to and borne by the fund. Interest earned by the fund shall be credited to the fund. 2) The Superintendent of Public Instruction shall annually distribute the funds available in the Student Driver Training Fund in the manner provided in ORS ) The Motor Vehicles Division shall make periodic studies to determine the effectiveness of automobile driver instruction programs conducted under authority of ORS to [ 1957 x206 4, 6; 1963 c.97 8; ; 1975 c.682 9; 1981 c.473 4; 1983 c ; 1983 c.585 4; 1989 c Contract with private driver training school. Any school district may contract with a lawfully licensed private driver training school for the instruction of students enrolled in a driver training course in the school in the portion of the course involving actual operation of motor vehicles c.296 1; 1981 c [ 1981 c.473 2; 1983 c.380 4; 1983 c ; repealed by 1983 c MIGRANT CBH DREN Definitions for ORS to As used in ORS to , unless the context requires otherwise: 1) " Migrant child" means a child between 3 and 21 years of age who is in the custody of migrant workers whether or not they are parents of the child. 2) " Migrant worker" means an individual engaged in agricultural labor who does not regularly reside in the county in which the individual is performing the agricultural labor. 3) " School district" includes education service districts and state institutions. [ 1961 c.502 1; 1963 c , 1965 c , 1987 c [ 1961 x502 2, 3; repealed by 1963 c [ 1961 x502 4; repealed by 1963 c [ 1961 c.502 5; repealed by 1963 c Summer programs for migrant children. School districts may establish summer programs for migrant children to supplement the regular school program and provide instruction in those educational areas in which the migrant child needs spe- cial help. The summer programs may be attended by migrant children who will attend regular school sessions in the ensuing school year. [ 1% 1 r-502 7, 8; 1963 x570 31; 1965 x Reimbursement; not subject to Local Budget Law. Pursuant to rules of the State Board of Education, school districts shall submit a proposed budget for summer programs to the Superintendent of Public Instruction for approval: Upon completion of the summer program the claim shall be presented to the Superintendent of Public Instruction for reimbursement which shall be made only for the actual and approved expenses incurred in the program. Expendi- tures made by a school district in carrying out a summer program shall not be subject to the Local Budget Law ( ORS to , and ). [ 1961 c.502 9; 1963 x670 31a; 1965 x ; 1989 c MISCELLANEOUS PROVISIONS Homemaldng and agricultural education in cities over 8,000 population. 1) The governing body of any city of at least 8,000, according to the latest federal census, the district school board of a school district situated in whole or in art within such city, and the governing body of the county in which such city is situated, may, either sin- gly or in combination, appropriate.funds for the employment of home demonstration agents and boys' and girls' 4-H club agents to conduct educational programs among city youth and homemakers in the sciences of homemaking, agriculture and related arts and sciences. 2) The State Board of Higher Education, through its federal cooperative extension service, may receive and administer such funds, administer all personnel and programs provided for in this section and use any funds not otherwise budgeted to cooperate with such cities, school districts and counties in carrying out this section. The funds may be provided either by special provision in the annual tax levy of such city, school district or county or by the appropriation of

252 SPECIAL EDUCATION SERVICES funds not otherwise appropriated. The funds shall be paid to the State Board of Higher Education for deposit with the State Treas- urer and expenditure within such city under the supervision of the federal cooperative extension service of Oregon State University and may be used for the payment of expenses and a part of the salary of one or more home demonstration agents or 4-H club agents in accordance with a budget mutually agreed upon between the governing body of such city, school district or county and the federal cooperative extension service. [ Formerly (1; amended by 1965 c formerly ; repealed by 1959 c Department duties for pro. grams for students with moderate to se- vere retardation. The Department of Education shall: 1) Pursuant to rules of the State Board of Education, require that programs for students with moderate to severe retardation meet program standards. 2) Supply the Mental Health and Developmental Disability Services Division with information, on forms developed by the division, concerning all students with moderate to severe retardation who are 15 years of age and older, which the division needs to serve and plan for their transition to adult living and work situations. 3) Implement programs for students with moderate to severe retardation under ORS in a manner that continues the pattern of services in neighborhood and community schools which existed on July 1, c 12; 1989 c.971 7; 1991 x [ 1961 c.274 l; 1965 c ; renumbered [ 1989 c.971 6; repealed by 1991 c Note: The repeal of by section 30, chapter 780, Oregon Laws 1991, becomes operative June 30, See section 38, chapter 780, Oregon Laws The text, as amended by section 12, chapter 795, Oregon Laws 1991, is set forth for the user' s convenience. Sec. 12. Reimbursement for students with retardation. ( 1) Reimbursement to districts for operation and administration of education programs for students with moderate to severe retardation, when such programs are approved by the Superintendent of Public Instruction under ORS , shall be made subject to the following provisions: a) The district shall submit by June 30 to the Superintendent of Public Instruction an estimate of the excess cost of providing education for students with moderate to severe retardation for the following school year. b) The district shall file with the Superintendent of Public Instruction, on or before October 1 following the close of the school year for which reimbursement is claimed, a claim and such other information as may be required by the Superintendent of Public Instruction for reimbursement for which it is eligible for the excess cost of operation and administration of the education programs for students with moderate to severe retardation. c) If the Superintendent of Public Instruction approves the claim of a district for reimbursement, the superintendent shall reimburse the district, in addition to the Basic School Support Fund, 50 percent of the approved excess cost of providing education for students with moderate to severe retardation for the school year for which reimbursement is claimed, or its equal prorated share of funds available, but not to exceed 50 percent of the district's approved excess costs. If an education service district provides the program, the superintendent shall reimburse the education service district 50 percent of the approved excess cost of providisg education for students with moderate to severe retardation for the school year for which reimbursement is claimed, or its equal prorated share of funds available, but not to exceed 50 percent of the education service district' s approved excess costs. d) The Superintendent of Public Instruction may distribute the funds provided for the education of students with moderate to severe retardation as provided in this section on an advance payment system which allows the superintendent to distribute the fimds in the year in which the expenses occurred. Computation of the amounts due each district operating a program for students with moderate to severe retardation shall be made by the superintendent pursuant to rules of the State Board of Education. The rules shall establish a method of computation and payment. e) A school district that provides education for students with moderate to severe retardation by paying tuition for an eligible, resident student to a private school approved by the state board may claim reimbursement for the excess cost of such special education tuition. fl Districts shall not claim state reimbursement for the per capita cost assessments for the education of resident students with moderate to severe retardation in a state- operated or state - supported school in cases where a per capita cost assessment is billed directly to the district. g) where determination of the eligibility of a child for education described in this section requires a deter- mination by qualified medical authorities or optometrists, as specified in ORS , or requires an evaluation under the provisions of ORS ( 5), the cost of such determination may be claimed for reimbursement by the district when such cost is incurred by the district. 2) As used in this section, " approved excess cost for special education" means ( a) all expenditures approved by the Superintendent of Public Instruction in accordance with rules adopted by the state board that are made by a school district or education service district for providing instructional services for students with moderate to severe retardation in, or in addition to, regular classes, ( b) less the average per pupil current operating cost for school children in the district, ( c) multiplied by the number of students with moderate to severe retardation claimed by the district. The average per pupil amount shall be determined by the superintendent based upon the previous school year. Costs which are reimbursed by federal or other state agency funds shall not be claimed as approved excess cost under this section. [ 1991 c [ Formerly ; repealed by 1959 c [ Formerly ; amended by 1965 c ; repealed by 1975 c When blind students to be encouraged to learn braille. It shall be the policy of this state that blind students who, due to lack of visual acuity or perception, cannot read printed material at a competitive rate of speed and with facility, or who have a reasonable expectation of visual deteri

253 EDUCATION AND CULTURAL FACILITIES oration, shall be encouraged to learn to read and write braille. [ 1989 c Note: was added to and made a part of ORS chapter 343 by legislative action but was not added to any series therein. See Preface to Oregon Revised Statutes for further explanation [ 1957 c.562 l, 2, 3, 4, 5, 1959 c.645 1; 1963 c ; 1965 c.100 7; renumbered and then ] [ Formerly and then ; 1975 x620 1; 1977 c.251 1; 1977 c.586 1; 1979 c.700 1; 1981 c.916 l; repealed by 1985 c ( enacted in lieu of and )] Responsibility for costs of education of children in long -term care or treatment. (1) The Department of Education shall be responsible for payment of the cost of the education in programs with which the Department of Human Resources contracts for long -term care or treatment. Programs eligible for such education shall be in accordance with criteria adopted by rule by the department. 2) The department shall be responsible for payment of the costs of such education by contract with the school district, excluding transportation, care, treatment and medical expenses. The resident district shall provide transportation to pupils enrolled in programs under ORS who live at home but require day treatment. The payments may be made to the school district or, at the discretion of the school district, to the district providing the education, as set forth in subsection ( 3) of this section, from the funds appropriated for the purpose. 3) The school district in which the agency is located is responsible for providing the education directly or through an adja- cent school district or through the education service district in which the program is located or one contiguous thereto. The instruction may be given in facilities of such districts or in facilities provided by such agency. 4) The school district may request the department to ' combine several private agency school programs into one contract with a school district, an adjacent school district or an education service district. 5) The department may make advances to such school district from funds appropriated therefor based on the estimated agreed cost of educating the pupils per school year. Advances equal to 25 percent of such estimated cost may be made on September 1, December 1 and March 1 of the current year. The balance may be paid whenever the full determination of cost is made. 6) School districts which provide the education described in ORS on a year - round plan may apply for 25 percent of the funds appropriate on July 1, Octo- ber 1, January 1, and 15 percent on April 1. The balance ma,v be laid whenever the full determination of cost is made. 7) In addition to the payment methods described in this section, the department may negotiate interagency agreements to pay for the cost of education in treatment programs operated under the auspices of the State Board of Higher Education. [ 1985 c a; enacted in lieu of and ; 1987 c.223 l; 1989 c ; 1991 c ; 1991 c ] Note: The amendments to by section 26, chapter 780, Oregon Laws 1991, become operative June 30, See section 38, chapter 780, Oregon Laws M [ ; 1975 c.50 1; 1981 c.916 2; repealed by 1985 c ( enacted in lieu of and )] Responsibility for costs of ed- ucation for children at state hospitals and training centers. ( 1) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be re- sponsible for payment of the cost and oversight of the educational programs for children living in the Fairview Training Center and the Eastern Oregon Training Center for the mentally retarded. 2) The superintendent shall be responsible for payment of the cost of such education by contract with the school district in which the state training center is located. The payments may be made to the school district or, at the discretion of the school district, to the district providing the education, as set forth in subsection ( 3) of this section, from the funds appropriated for the purpose. The state training center shall be responsible for the costs of transportation, care, treatment and medical expenses. 3) The school district in which the state training center is located shall be responsible for providing the education directly or through an adjacent school district or through the education service district in which the state training center is located or one contiguous thereto. The instruction may be given in the facilities of the school dis- trict or in other appropriate facilities which constitute the least restrictive environment c.590 2; 1989 c ; 1989 c.875 3] Responsibility for education for children under Children' s Services Division. ( 1) Pursuant to rules of the State Board of Education, the Superintendent of Public Instruction shall be responsible for approving the educational programs meeting standards established by the board for children living in or under the care of Children' s Services Division juvenile training schools and camps as defined under ORS ) The Children' s Services Division of the Department of Human Resources shall be responsible for payment of the cost of