ORS 326.051
Board functions

  • rules
Subject to ORS 417.300 (Purpose of ORS 417.305) and 417.305 (Legislative findings relating to serving children and families):

(1)

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

(a)

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

(b)

Adopt rules for the general governance of public kindergartens and public elementary and secondary schools.

(c)

Prescribe required or minimum courses of study.

(d)

Adopt rules for public kindergartens and public elementary and secondary schools consistent with the policy stated in ORS 342.437 (Goal).

(e)

Adopt rules regarding school and interscholastic activities.

(f)

Adopt rules that provide that no public elementary or secondary school shall discriminate in determining participation in interscholastic activities. As used in this paragraph, “discrimination” has the meaning given that term in ORS 659.850 (Discrimination in education prohibited).

(g)

Adopt rules that will eliminate the use and purchase of elemental mercury, mercury compounds and mercury-added instructional materials by public elementary and secondary schools.

(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 public elementary and secondary schools 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 293.265 (Disposition of collected moneys) to 293.275 (Disbursement of moneys).

(b)

Apply for federal funds, accept and enter into any contracts or agreements on behalf of the state for the receipt of funds from the federal government or its agencies and disburse or expend the federal funds as provided by ORS 327.128 (Disbursement and expenditures of moneys appropriated or allocated to Department of Education). This paragraph applies to federal funds to be used for:

(A)

Educational purposes, including but not limited to any funds available for the school lunch program;

(B)

Career and technical education programs in public elementary and secondary schools; and

(C)

Any grants available to the state or its political subdivisions for general federal aid for public kindergartens, public elementary schools and public secondary schools and their auxiliary services, improvement of teacher preparation, 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)

Adopt rules to administer the United States Department of Agriculture’s National School Lunch Program and School Breakfast Program for public and private prekindergarten through grade 12 schools and residential child care facilities. [1965 c.100 §6; 1965 c.519 §14; 1967 c.67 §24; 1969 c.284 §1; 1971 c.513 §9; 1973 c.707 §1; 1975 c.459 §1; 1975 c.605 §17a; 1981 c.91 §1; 1987 c.404 §2; 1987 c.474 §2; 1989 c.834 §§12,13; 1993 c.45 §§5,6; 2001 c.530 §1; 2003 c.14 §146; 2003 c.151 §1; 2009 c.94 §1; 2011 c.313 §17; 2013 c.747 §37; 2021 c.511 §3; 2021 c.518 §8]

Source: Section 326.051 — Board functions; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors326.­html.

Notes of Decisions

Voluntary organizations administering interscholastic activities are public entities for purposes of Americans with Disabilities Act. Bingham v. Oregon School Activities Association, 37 F. Supp. 2d 1189 (D. Or. 1999)

Attorney General Opinions

Authority of State Board to adopt rules concerning physical examinations, (1976) Vol 37, p 1185

Law Review Citations

69 OLR 333 (1990)

326.011
Policy 326.021
State Board of Education membership 326.031
Vacancies 326.041
Meetings 326.051
Board functions 326.111
Department of Education 326.113
Employee transfer of unused sick leave 326.115
Department of Education Account 326.125
Office of School Facilities 326.300
Governor as Superintendent of Public Instruction 326.310
Superintendent’s educational duties 326.320
Fees for supplies and publications provided by department 326.323
Superintendent’s signature on public contracts 326.327
Agreement by superintendent to ensure availability of instruction of Chinese language 326.340
Disposition of conference fees by superintendent 326.350
Authority for department staff to serve on education-related organizations 326.425
Early Learning Council 326.430
Early Learning Division 326.432
Early Learning System Director 326.435
Early Learning Division Fund 326.500
STEM Investment Council 326.520
Acquisition of intellectual property by board 326.530
Management, development and disposition of intellectual property 326.540
Revenue from intellectual property 326.543
Adverse possession 326.545
Provision of menstrual products in student bathrooms 326.547
Public education facility information database 326.549
School facilities advisory group 326.552
Interstate Compact on Educational Opportunity for Military Children 326.553
Annual assessment 326.555
State Council for Educational Opportunity for Military Children 326.556
Meetings 326.557
Administrative support 326.558
Authority to adopt policies 326.565
Standards for student records 326.575
Records when student transfers or is placed elsewhere 326.580
Electronic student records 326.603
Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors 326.604
Authority of Department of Education to obtain fingerprints and criminal records check of employees 326.606
Department rulemaking related to criminal records checks 326.607
Background check policy for volunteers 326.695
Definitions for ORS 326.700 and 326.712 326.700
Purpose of programs 326.712
Superintendent may contract with district to provide programs 326.726
Dyslexia specialist
Green check means up to date. Up to date

Current through early 2024

§ 326.051’s source at oregon​.gov