Chapter 326 — Chapter 326
132 sections in this chapter.
ORS 326.340 Disposition of conference fees by superintendent; disbursement of fees
0.7K chars
(1) When the Superintendent of Public Instruction has possession or control of conference fees that are made available for training programs sponsored in whole or in part by the Department of Education, the fees shall be deposited with the State Treasurer in the Education Trainin…
ORS 326.350 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 education-related organizations and in so doing manage the funds of those organizations
0.5K chars
(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…
ORS 326.355 [Formerly 332.575; 2003 c.226 §3; renumbered 327.423 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.370 [1999 c.39 §1; 2001 c.684 §1; 2013 c.747 §39; renumbered 351.755 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.373 [2001 c.716 §13; renumbered 351.758 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.375 [1987 c.474 §3; 1991 c.757 §2; 1995 c.67 §38; 1999 c.39 §4; 2012 c.36 §§3,9; 2013 c.747 §§185,186; renumbered 351.762 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.380 [2003 c.798 §1; renumbered 351.764 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.382 [2003 c.798 §2; 2005 c.22 §230; 2005 c.216 §1; renumbered 351.766 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.400 [1989 c.968 §1; repealed by 1993 c.45 §15 and 1993 c.156 §1]
0.0K chars
[Repealed or reserved.]
ORS 326.410 [1989 c.968 §2; repealed by 1993 c.45 §16 and 1993 c.156 §1]
0.0K chars
DEPARTMENT OF EARLY LEARNING AND CARE
ORS 326.425 Early Learning Council; purposes; members; rules. (1) The Early Learning Council is established
3.1K chars
(2) The council is established to coordinate a unified and aligned system of early learning services for the purposes of ensuring that: (a) Children enter school ready to learn; and (b) Families are healthy, stable and attached. (3) The Early Learning Council shall accomplish the…
ORS 326.430 Department of Early Learning and Care; purposes. (1)(a) The Department of Early Learning and Care is established
1.4K chars
(b) The functions of the department may be divided into administrative divisions or offices. Each division or office shall be under the supervision of a person appointed by the Early Learning System Director. The appointees serve at the pleasure of the director. (2) The purposes …
ORS 326.432 Early Learning System Director. (1) The Department of Early Learning and Care is under the supervision and control of the Early Learning System Director, who is responsible for the performance of the duties, functions and powers of the department
1.1K chars
(2) The director shall be appointed by the Governor and serves at the pleasure of the Governor. (3) The director shall receive such salary as may be provided by law or, if not so provided, as may be fixed by the Governor, and shall be reimbursed for all expenses actually and nece…
ORS 326.435 Department of Early Learning and Care Fund. (1) The Department of Early Learning and Care Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Department of Early Learning and Care Fund shall be credited to the fund
1.0K chars
(2) Moneys in the Department of Early Learning and Care Fund consist of: (a) Amounts donated to the fund; (b) Moneys transferred to the fund from the federal government, state agencies and local governments; (c) Amounts appropriated or otherwise transferred to the fund by the Leg…
ORS 326.438 Disbursement and expenditure of moneys appropriated or allocated to Department of Early Learning and Care. (1) The Department of Early Learning and Care shall disburse and expend moneys in a manner that is consistent with the intended purposes for which the moneys were appropriated or allocated to the department
0.9K chars
(2) If moneys are appropriated or allocated to the department and provisions for the intended disbursement or expenditure of the moneys are not provided in statute, in agreement or by any other means related to the appropriation or allocation, the department may disburse or expen…
ORS 326.440 Interagency agreements. The Early Learning System Director and the Director of Human Services may delegate to each other by interagency agreement any duties, functions or powers granted to the Department of Early Learning and Care or the Department of Human Services, as the directors deem necessary for the efficient and effective operation of the respective functions of the departments, including
0.3K chars
(1) Eligibility determinations for programs established under either department. (2) Administrative proceedings, including contested case hearings and judicial reviews. (3) The authority to make or receive payments. (4) The recovery of erroneous payments or of overpayments. [2023…
ORS 326.442 Authority to enter agreements related to records, papers, files and communications. (1) The Department of Early Learning and Care may enter into agreements governing the custody, use and preservation of the records, papers, files and communications of the department in accordance with applicable privacy laws. The use of the records, papers, files and communications is limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished
0.5K chars
(2) The records, papers, files and communications of the Department of Early Learning and Care may be maintained in a single or combined data system accessible to the Department of Early Learning and Care and to the Department of Human Services, the Department of Education or any…
ORS 326.500 STEM Investment Council; purpose; council director; annual report. (1) The STEM Investment Council is established. The council shall function under the joint direction and control of the State Board of Education and the Higher Education Coordinating Commission
3.4K chars
(2)(a) The council is established for the purpose of assisting the Superintendent of Public Instruction and the executive director of the Higher Education Coordinating Commission in jointly developing and overseeing a long-term strategy that advances the following educational goa…
ORS 326.510 [Formerly 343.950; 1973 c.708 §1; renumbered 343.960]
0.0K chars
INTELLECTUAL PROPERTY
ORS 326.520 Acquisition of intellectual property by board
0.6K chars
The State Board of Education may acquire intellectual property of any kind, whether patentable or copyrightable or not, including patents, copyrights, inventions, discoveries, processes and ideas. Such property may be acquired: (1) By gift. (2) By outright purchase with money in …
ORS 326.530 Management, development and disposition of intellectual property
1.0K chars
(1) The State Board of Education may manage, develop or dispose of property acquired under ORS 326.520 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 d…
ORS 326.540 Revenue from intellectual property; Board of Education Invention Fund; purpose. (1) Moneys received by the State Board of Education as a result of ownership or management of property acquired under ORS 326.520 or of transactions regarding such property shall be deposited in the State Treasury and credited to a special fund separate and distinct from the General Fund to be known as the Board of Education Invention Fund
0.4K chars
(2) The moneys in the Board of Education Invention Fund are continuously 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…
ORS 326.543 Adverse possession. (1) As used in this section
0.7K chars
(a) “Education service district” has the meaning given that term in ORS 334.003. (b) “Facility” means the school operated under ORS 346.010. (c) “Post-secondary institution” means: (A) A community college as defined in ORS 341.005; (B) A public university listed in ORS 352.002; a…
ORS 326.545 Provision of menstrual products in student bathrooms; rules. (1) As used in this section
2.7K chars
(a) “Public education provider” means: (A) A school district; (B) A public charter school; (C) An education service district; (D) A community college; or (E) A public university listed in ORS 352.002. (b) “Public school building” means a building used by a public education provid…
ORS 326.547 Public education facility information database. (1) The Department of Education shall establish and maintain a public education facility information database as provided by this section
1.9K chars
(2)(a) The database required by this section shall provide information on preschool facilities and facilities serving any grades in kindergarten through grade 12 and any related auxiliary buildings and properties. The department may require school districts and education service …
ORS 326.549 School facilities advisory group. (1) At least annually, the Superintendent of Public Instruction shall convene a school facilities advisory group
0.8K chars
(2) The advisory group convened under this section shall consist of: (a) Experts in finance, architecture, engineering and construction; and (b) Representatives of school districts. (3) The advisory group shall assist the superintendent in issues related to school facilities. To …
ORS 326.550 [Amended by 1967 c.571 §1; 1979 c.386 §1; 1979 c.570 §2; 1983 c.159 §1; 1989 c.491 §4; 1991 c.703 §5; 1993 c.45 §17; 1997 c.249 §94; 2013 c.747 §40; renumbered 351.768 in 2013]
0.0K chars
[Repealed or reserved.]
ORS 326.551 [2013 c.408 §1; renumbered 350.272 in 2015]
0.1K chars
INTERSTATE COMPACT ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN
ORS 326.552 Interstate Compact on Educational Opportunity for Military Children; rules. The Interstate Compact on Educational Opportunity for Military Children is enacted into law and entered into on behalf of this state with all other jurisdictions legally joining therein in the form substantially as follows
45.6K chars
______________________________________________________________________________ ARTICLE I PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: A. F…
ORS 326.553 Annual assessment. (1) If the Interstate Commission levies an annual assessment as described in Article XIV of the Interstate Compact on Educational Opportunity for Military Children under ORS 326.552, the Department of Education shall fund the annual assessment
0.3K chars
(2) For purposes of funding the annual assessment, the department may accept contributions of funds and assistance from any source, public or private, and agree to conditions placed on the funds not inconsistent with the purposes of the Interstate Compact on Educational Opportuni…
ORS 326.554 [2013 c.408 §2; renumbered 350.274 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 326.555 State Council for Educational Opportunity for Military Children. There is established a State Council for Educational Opportunity for Military Children, as described in Article VIII of the Interstate Compact on Educational Opportunity for Military Children under ORS 326.552, consisting of the Deputy Superintendent of Public Instruction, the members of the State Board of Education, the military family education liaison and the compact commissioner. The Governor may appoint other individuals to the state council and shall make a good faith effort to ensure that other individuals appointed are individuals who are described in Article VIII of the Interstate Compact on Educational Opportunity for Military Children under ORS 326.552 and who are well informed on the principles of education of military children. [2014 c.110 §3; 2019 c.339 §1]
0.0K chars
[Repealed or reserved.]
ORS 326.556 Meetings. The State Council for Educational Opportunity for Military Children shall meet at least once each calendar year through the use of telephone or other electronic means and in accordance with ORS 192.610 to 192.705 and 192.672. [2014 c.110 §4; 2019 c.339 §2]
0.0K chars
[Repealed or reserved.]
ORS 326.557 Administrative support. The Department of Education shall provide administrative support to the State Council for Educational Opportunity for Military Children. [2014 c.110 §5; 2019 c.339 §3]
0.0K chars
[Repealed or reserved.]
ORS 326.558 Authority to adopt policies. The State Council for Educational Opportunity for Military Children may adopt policies to carry out the duties assigned to the state council. [2014 c.110 §6]
0.0K chars
[Repealed or reserved.]
ORS 326.560 [1985 c.464 §1; repealed by 1993 c.45 §18]
0.0K chars
STUDENT DATA AND RECORDS
ORS 326.561 Standardized method for creation, collection, use, maintenance, disclosure, transfer and access of student data; rules. (1) The Department of Education shall develop and implement a standardized method to be used by school districts, education service districts and the department to electronically create, collect, use, maintain, disclose, transfer and access student data from multiple platforms
7.3K chars
(2) The method developed and implemented under this section must: (a) Facilitate easy and fast electronic transfers of student records; (b) Facilitate the interoperability of electronic health records that are education records and facilitate the ability of school districts and e…
ORS 326.565 Standards for student education records; rules. (1) The State Board of Education shall adopt by rule standards for the creation, collection, use, maintenance, disclosure, transfer and access of student education records held by a school district or another public or private educational entity that provides educational services to students in any grade from kindergarten through grade 12. Consistent with the requirements of applicable state and federal law, the standards
0.9K chars
(a) Shall incorporate the method used to electronically create, collect, use, maintain, disclose, transfer and access student data, as developed and implemented pursuant to ORS 326.561. (b) Shall include requirements under which a school district or other educational entity will …
ORS 326.575 Student education records when student transfers or is placed elsewhere; notice to parents; amendments to records; rules. (1) Within 10 days of a student’s seeking initial enrollment in a public or private school or when a student is placed in a state institution, other than an institution of post-secondary education, or a day treatment program, residential treatment program, detention facility or youth care center, the school, institution, program, facility or center shall notify the public or private school or the institution, program, facility or center in which the student was formerly enrolled and shall request the student’s education records
2.8K chars
(2) Any public or private school, state institution, day treatment program, residential treatment program, detention facility or youth care center receiving the request described in subsection (1) of this section shall transfer all student education records relating to the partic…
ORS 326.580 Electronic student records; rules. (1) As used in this section, “educational institution” means
1.8K chars
(a) An “educational institution” as defined in ORS 326.575. (b) A state agency. (c) A local correctional facility. (2) The State Board of Education may adopt by rule standards for the content and format of an Oregon electronic student record. An Oregon electronic student record m…
ORS 326.585 [2003 c.776 §1; renumbered 350.276 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 326.587 [2003 c.776 §2; 2011 c.637 §105; renumbered 350.278 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 326.589 [2003 c.776 §3; renumbered 350.280 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 326.591 [2003 c.776 §4; renumbered 350.282 in 2015]
0.0K chars
[Repealed or reserved.]
ORS 326.600 [1987 c.684 §1; 1989 c.477 §1; renumbered 329.170 in 1993]
0.0K chars
CRIMINAL OFFENDER INFORMATION PROCESS
ORS 326.603 Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors; fee. (1) For the purposes of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Education may require the fingerprints of
6.0K chars
(a) A school district or private school contractor, whether part-time or full-time, or an employee of a contractor, whether part-time or full-time, who has direct, unsupervised contact with students as determined by the district or private school. (b) A person newly hired, whethe…
ORS 326.604 Authority of Department of Education to obtain fingerprints and criminal records check of employees. (1) As used in this section, “care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, youth or persons with disabilities
2.9K chars
(2) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Education may require the fingerprints of a person who: (a)(A) Is employed or applying for employment by the department; or (B) Provides services or seeks to provi…
ORS 326.605 [1987 c.684 §2; 1989 c.477 §2; renumbered 329.175 in 1993]
0.0K chars
[Repealed or reserved.]
ORS 326.606 Department rulemaking related to criminal records checks. Notwithstanding ORS 183.335 (5), the Department of Education may not adopt a rule related to criminal records checks, as provided by ORS 326.604, without prior notice or hearing or upon abbreviated notice and hearing. [2009 c.438 §2]
0.0K chars
[Repealed or reserved.]
ORS 326.607 Background check policy for volunteers; authority of school districts and schools to obtain criminal records check of volunteers and applicants for employment; fee. (1)(a) If a school district or public charter school allows volunteers to have direct, unsupervised contact with school children, the school district board or public charter school governing body must adopt and implement a policy that requires those volunteers to undergo a background check
1.6K chars
(b) If a private school allows volunteers to have direct, unsupervised contact with school children, the governing body of the private school may adopt and implement a policy that requires those volunteers to undergo a background check. (2) Upon request from a school district, a …