ORS Chapter 326
TITLE 30
EDUCATION ANDCULTURE
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Chapter    326.    StateAdministration of Education
                 327.    StateFinancing of Elementary and Secondary Education
                 328.    LocalFinancing of Education
                 329.    OregonEducational Act for the 21st Century; Educational Improvement and Reform
                 330.    BoundaryChanges; Mergers
                 332.    LocalAdministration of Education
                 334.    EducationService Districts
                 335.    HighSchools
                 336.    Conductof Schools Generally
                 337.    Booksand Instructional Materials
                 338.    PublicCharter Schools
                 339.    SchoolAttendance; Admission; Discipline; Safety
                 340.    ExpandedOptions Program
                 341.    CommunityColleges
                 342.    Teachersand Other School Personnel
                 343.    SpecialEducation Services
                 344.    Careerand Technical Education; Rehabilitation; Adult Literacy
                 345.    PrivateSchools
                 346.    Programsfor Persons Who Are Blind or Deaf
                 348.    StudentAid; Education Stability Fund; Planning
                 351.    HigherEducation Generally
                 352.    Stateand Independent Institutions of Higher Education
                 353.    OregonHealth and Science University
                 354.    EducationalTelevision and Radio; Translator Districts; Distance Learning
                 357.    Libraries;Archives; Poet Laureate
                 358.    Museums;Historical Societies; Preservation of Historical and Archaeological Propertiesand Objects; Oregon Historic Families Database
                 359.    Artand Culture
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Chapter 326 — StateAdministration of Education
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2009 EDITION
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STATEADMINISTRATION OF EDUCATION
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EDUCATIONAND CULTURE
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STATEBOARD OF EDUCATION
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326.011Â Â Â Â Policy
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326.021Â Â Â Â StateBoard of Education membership
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326.031Â Â Â Â Vacancies
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326.041Â Â Â Â Meetings;election and term of chairperson; compensation and expenses
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326.051Â Â Â Â Boardfunctions; rules
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326.075Â Â Â Â Cooperationwith Education and Workforce Policy Advisor; cooperation and compliance withOregon Student Assistance Commission decisions
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DEPARTMENTOF EDUCATION
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(Generally)
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326.111Â Â Â Â Departmentof Education; composition; functions
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(Temporaryprovisions relating to the Oregon Environmental Literacy Task Force arecompiled as notes following ORS 326.111)
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326.113Â Â Â Â Employeetransfer of unused sick leave
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326.115Â Â Â Â Departmentof Education Account
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(DistrictBusiness Practices)
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326.131Â Â Â Â Definitionsfor ORS 326.133 and 326.136
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326.133Â Â Â Â Auditing;list of best practices
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326.136Â Â Â Â DistrictBest Business Practices Advisory Committee
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SUPERINTENDENTOF PUBLIC INSTRUCTION
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326.305Â Â Â Â Termof Superintendent of Public Instruction
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326.310    Superintendent’seducational duties
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326.320Â Â Â Â Publications;fees; accounting
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326.323    Superintendent’ssignature on public contracts
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326.330Â Â Â Â DeputySuperintendents of Public Instruction; appointment; powers
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326.340Â Â Â Â Dispositionof conference fees by superintendent; disbursement of fees
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326.350Â Â Â Â Authorityfor department staff to serve on education-related organizations; EducationalOrganizations Fund; disbursements
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SCHOOLCENSUS
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326.355Â Â Â Â Determinationof school census
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DEPARTMENTOF COMMUNITY COLLEGES AND WORKFORCE DEVELOPMENT
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326.370Â Â Â Â Departmentof Community Colleges and Workforce Development under State Board of Education;rules
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326.373Â Â Â Â Departmentof Community Colleges and Workforce Development Account
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326.375Â Â Â Â Commissionerfor Community College Services; appointment; duties
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326.380Â Â Â Â AdvancedTechnology Education and Training Fund
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326.382Â Â Â Â Advancedtechnology education and training grants and loans; rules
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INTELLECTUALPROPERTY
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326.520Â Â Â Â Acquisitionof intellectual property by board
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326.530Â Â Â Â Management,development and disposition of intellectual property
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326.540Â Â Â Â Revenuefrom intellectual property; Board of Education Invention Fund; purpose
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REALPROPERTY
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326.543Â Â Â Â Adversepossession
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GENERALEDUCATIONAL DEVELOPMENT (GED) CERTIFICATES
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326.550Â Â Â Â GeneralEducational Development (GED) certificates; rules; how fee determined;accounting
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STUDENTRECORDS
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326.565Â Â Â Â Standardsfor student records; rules
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326.575Â Â Â Â Recordswhen student transfers or is placed elsewhere; notice to parents; amendments torecords; rules
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326.580Â Â Â Â Electronicstudent records; rules; standards; participation by educational institutions
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326.585Â Â Â Â Definitionsfor ORS 326.587 and 326.589
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326.587Â Â Â Â Disclosureof Social Security number of higher education student
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326.589Â Â Â Â Disclosureof Social Security number of community college student
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326.591Â Â Â Â Actionfor disclosure of Social Security number
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CRIMINALOFFENDER INFORMATION PROCESS
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326.603Â Â Â Â Authorityof school districts and schools to obtain fingerprints and criminal recordscheck of employees and contractors; fee
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326.604Â Â Â Â Authorityof Department of Education to obtain fingerprints and criminal records check ofemployees
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326.606Â Â Â Â Departmentrulemaking related to criminal records checks
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326.607Â Â Â Â Authorityof school districts and schools to obtain criminal records check of volunteersand applicants for employment; fee
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YOUTHCORRECTIONS AND JUVENILE DETENTION EDUCATION PROGRAMS
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326.695Â Â Â Â Definitionsfor ORS 326.700 and 326.712
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326.700Â Â Â Â Purposeof programs; distribution of State School Fund
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326.712Â Â Â Â Superintendentmay contract with district to provide programs
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     326.003 [1991 c.780 §1;repealed by 1993 c.45 §1a]
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     326.005 [1961 c.624 §1;repealed by 1965 c.100 §456]
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     326.010 [Repealed by1961 c.624 §8 and 1965 c.519 §15]
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STATEBOARD OF EDUCATION
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     326.011Policy.
Inestablishing policy for the administration and operation of the publicelementary and secondary schools and public community colleges in the State ofOregon and in carrying out its duties as prescribed by law, the State Board ofEducation shall consider the goals of modern education, the requirements of asound, comprehensive curriculum best suited to the needs of the students andthe public and any other factors consistent with the maintenance of a modernand efficient elementary and secondary school system and community collegeprogram. [1965 c.100 §1; 1971 c.513 §8]
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     326.020 [Amended by1961 c.624 §2; 1963 c.544 §15; repealed by 1965 c.100 §456]
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     326.021State Board of Education membership. (1) The State Board of Education shallconsist of:
     (a)The State Treasurer, or the designee of the State Treasurer;
     (b)The Secretary of State, or the designee of the Secretary of State; and
     (c)Seven members, appointed by the Governor for a term of four years beginningJuly 1 of the year of appointment, subject to confirmation by the Senate in themanner provided in ORS 171.562 and 171.565. A person appointed under thisparagraph may not be appointed to serve consecutively more than two full termsas a board member.
     (2)In making appointments under subsection (1) of this section, the Governor shallselect from residents of Oregon one member from each congressional district andtwo members from the state at large. An appointed member may not be engaged inteaching or participate in the administration or operation of any school.
     (3)The Governor may remove appointed members of the State Board of Education forcause at any time after notice and public hearing.
     (4)The State Treasurer and the Secretary of State, or the designee of the StateTreasurer or Secretary of State, are nonvoting, ex officio members of theboard. [1965 c.100 §3 (enacted in lieu of 326.060); 1969 c.695 §4; 1971 c.485 §1;1985 c.565 §56; 1993 c.45 §2; 2009 c.446 §1]
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     326.030 [Amended by1961 c.624 §3; renumbered 326.095]
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     326.031Vacancies.Appointments made to fill vacancies of the State Board of Education occurringprior to expiration of a term of an appointed member shall be for the remainderof the unexpired term. When a vacancy occurs in an appointment made from acongressional district, the successor shall be appointed from the congressionaldistrict for which the vacancy exists. [1965 c.100 §4; 1985 c.565 §57; 2009c.446 §2]
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     326.040 [Amended by1957 c.124 §1; repealed by 1965 c.100 §456]
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     326.041Meetings; election and term of chairperson; compensation and expenses. (1) The StateBoard of Education shall meet at least six times each year on dates determinedby the board, and at such other times as may be designated by the chairpersonagreeable to a majority of the board, or at the call of a majority of the boardmembers.
     (2)The board shall elect one of its members to serve as chairperson of the boardfor one year commencing July 1. In case the office of chairperson of the boardis permanently vacated for any reason, the board may elect a new chairperson toserve until the June 30 next following.
     (3)A member is entitled to compensation and expenses as provided in ORS 292.495. [1965c.100 §5; 1967 c.507 §3; 1969 c.314 §21; 1971 c.656 §1; 1987 c.474 §1; 1993c.15 §1; 1993 c.45 §3]
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     326.050 [Repealed by1957 c.124 §3]
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     326.051Board functions; rules. Subject to ORS 417.300 and 417.305:
     (1)In addition to such other duties as are prescribed by law and pursuant to therequirement of ORS chapter 183, the State Board of Education shall:
     (a)Establish state standards for public kindergartens and public elementary andsecondary schools consistent with the policies stated in ORS 326.011.
     (b)Adopt rules for the general governance of public kindergartens and publicelementary and secondary schools and public community colleges.
     (c)Prescribe required or minimum courses of study.
     (d)Adopt rules regarding school and inter