Powers of board
(1)Any district school board may:
(a)Fix the days of the year and the hours of the day when schools shall be in session.
(b)Adopt textbooks and other instructional materials as provided in ORS 337.120 (District school board adoption of list and use of approved textbooks and instructional materials) and 337.141 (District school board selection of textbooks and instructional materials not on list adopted by State Board of Education) and courses of study for the use of such schools as provided in ORS 336.035 (Required courses of study).
(c)Authorize the use of the schools for purposes of training students of an approved educator preparation provider, as defined in ORS 342.120 (Definitions for chapter), and for such purposes may enter into contracts with the approved educator preparation provider 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.
(d)Develop and operate with other school districts or community college districts secondary career and technical 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.
(e)Authorize the school district to be a member of and pay fees, if any, to any voluntary organization that administers interscholastic activities or that facilitates the scheduling and programming of interscholastic activities only if the organization:
(A)Implements equity focused policies that:
(i)Address the use of derogatory or inappropriate names, insults, verbal assaults, profanity or ridicule that occurs at an interscholastic activity, including by spectators of the interscholastic activity;
(ii)Prohibit discrimination as defined in ORS 659.850 (Discrimination in education prohibited);
(iii)Permit a student to wear religious clothing in accordance with the student’s sincerely held religious belief and consistent with any safety and health requirements; and
(iv)Balance the health, safety and reasonable accommodation needs of participants on an activity-by-activity basis;
(B)Maintains a transparent complaint process that:
(i)Has a reporting system to allow participants of interscholastic activities or members of the public to make complaints about student, coach or spectator behavior;
(ii)Responds to a complaint made under sub-subparagraph (i) of this subparagraph within 48 hours of the complaint being received; and
(iii)Strives to resolve a complaint received under sub-subparagraph (i) of this subparagraph within 30 days of the complaint being received;
(C)Develops and implements a system of sanctions against schools, students, coaches and spectators if a complaint made under subparagraph (B) of this paragraph is verified; and
(D)Performs an annual survey of students and their parents to understand and respond to potential violations of equity focused policies adopted under subparagraph (A) of this paragraph or violations of ORS 659.850 (Discrimination in education prohibited).
(f)Accept money or property donated for the use or benefit of the school district and, consistent with the laws of this state, use such money or property for the purpose for which it was donated.
(g)Enter into an approved written agreement with the governing body of a federally recognized Native American tribe in Oregon to allow the use of a mascot that represents, is associated with or is significant to the Native American tribe entering into the agreement. An agreement entered into under this paragraph must:
(A)Describe the acceptable uses of the mascot;
(B)Comply with rules adopted by the State Board of Education that:
(i)Are adopted after consultation with the federally recognized tribes in Oregon pursuant to ORS 182.164 (State agencies to develop and implement policy on relationship with tribes) (3); and
(ii)Prescribe the requirements for approval; and
(C)Be approved by the State Board of Education, which the board must provide if the agreement meets the requirements of this paragraph and the rules adopted under this paragraph.
(2)All contracts of the school district 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 making such contract shall be personally liable.
(3)Notwithstanding subsection (2) of this section, a district school board may, by resolution or policy, authorize its superintendent or the superintendent’s designee to enter into and approve payment on contracts for products, materials, supplies, capital outlay, equipment and services that are within appropriations made by the district school board pursuant to ORS 294.456 (Governing body to adopt budget, make appropriations, declare and categorize property tax amount or rate). A district school board may not authorize its superintendent or the superintendent’s designee under this subsection to enter into and approve payment on contracts that are collective bargaining agreements or service contracts that include the provision of labor performed by employees of the school district. [Formerly 332.440; 1965 c.100 §140; 1967 c.67 §25; 1967 c.200 §5; 1969 c.311 §1; 1973 c.270 §1; 1975 c.459 §2; 1975 c.770 §21; 1977 c.783 §1; 1987 c.404 §3; 1993 c.45 §41; 1999 c.215 §2; 2001 c.461 §7; 2009 c.94 §5; 2011 c.313 §18; 2014 c.43 §1; 2015 c.245 §41; 2015 c.647 §2; 2019 c.417 §1; 2021 c.239 §2]
Section 332.075 — Powers of board; rules,
Notes of Decisions
Statute allows agreements as to Native American mascots of many types and is not restricted to namesake mascots. Walter v. Board of Education, 301 Or App 516, 457 P3d 288 (2019)
Attorney General Opinions
Under former similar statute
Private funds placed in escrow for district use, (1976) Vol 38, p 304