Chapter 337 — Chapter 337
55 sections in this chapter.
ORS 337.010 [Repealed by 1965 c.100 §248 (337.011 enacted in lieu of 337.010)]
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[Repealed or reserved.]
ORS 337.011 [1965 c.100 §249 (enacted in lieu of 337.010); 1975 c.754 §1; repealed by 1995 c.111 §2]
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[Repealed or reserved.]
ORS 337.020 [Amended by 1953 c.526 §1; 1965 c.100 §250; 1969 c.314 §22; repealed by 1995 c.111 §2]
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REVIEW AND SELECTION OF TEXTBOOKS AND INSTRUCTIONAL MATERIALS BY STATE BOARD OF EDUCATION
ORS 337.030 Annual notice to school textbook and instructional materials publishers. The Superintendent of Public Instruction, under the direction of the State Board of Education, shall provide annual notice to school textbook and instructional materials publishers in the United States about the textbook and instructional materials review and selection process. The superintendent may satisfy the requirement of this section by publishing the notice on the website of the Department of Education. The notice shall contain
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(1) The time and place of meeting of the board to review and adopt textbooks and instructional materials. (2) The general form of the proposal to be followed by publishers in submitting textbooks and instructional materials for review and adoption. (3) The general form of contrac…
ORS 337.035 Establishment of guidelines and criteria for review and selection of textbooks and instructional materials; rules. The State Board of Education by rule shall establish guidelines and criteria for the review and selection of textbooks and other instructional materials to be placed on the list adopted under ORS 337.050. [1975 c.754 §3; 2001 c.461 §1]
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[Repealed or reserved.]
ORS 337.040 [Amended by 1953 c.526 §2; 1955 c.406 §1; 1965 c.100 §252; 1975 c.754 §6; repealed by 1995 c.111 §2]
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[Repealed or reserved.]
ORS 337.050 List of textbooks and instructional materials. (1) The State Board of Education shall review and adopt, for periods established by the board, a list of textbooks and other instructional materials for use by school districts. The list shall contain, whenever possible
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(a) More than one textbook selection for each grade and subject field in the standard curriculum for which, in its judgment, textbooks are required; and (b) More than one instructional material selection for each grade and subject field in the standard curriculum for which, in it…
ORS 337.055 [1975 c.754 §4; repealed by 1995 c.111 §2]
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[Repealed or reserved.]
ORS 337.060 Submission of proposals by publishers. (1) The proposals of each publisher shall be submitted to the Department of Education in writing and shall be responsive to the requirements of ORS 337.030 (2) and (3), and such other information relating to the terms and conditions under which the publisher proposes to furnish textbooks or instructional materials as the State Board of Education may require
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(2) In addition to the material required under subsection (1) of this section, the proposal shall include documentation and analysis on each textbook or instructional material showing how it conforms to the guidelines and criteria adopted by the State Board of Education for the r…
ORS 337.065 [1967 c.370 §§2,3; 1975 c.754 §9; 1991 c.886 §6; 2017 c.5 §1; repealed by 2025 c.406 §27]
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[Repealed or reserved.]
ORS 337.070 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.075 Adoption or rejection of textbooks and instructional materials. (1) Except as provided by subsection (2) of this section, the State Board of Education may adopt or reject any textbook or instructional materials contained in any proposal. If the terms and conditions for furnishing a textbook or instructional materials in all proposals relating to that textbook or instructional materials are considered by the board to be unreasonable or the textbook or instructional materials are considered to be unsuitable pursuant to guidelines and criteria established by the board, the board may reject the textbook or instructional materials
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(2) The board may not reject any textbook or instructional materials on the basis that the textbooks or instructional materials include a perspective, study or story of, or are created by, any individual or group against whom discrimination is prohibited under ORS 659.850. (3) At…
ORS 337.080 Report of textbook and instructional material adoptions. The State Board of Education shall immediately report to the public the textbooks and instructional materials that have been adopted and placed on the list under ORS 337.050. The report shall be signed by the chairperson of the board. [Amended by 1965 c.100 §256; 1975 c.754 §11; 1991 c.886 §8; 2001 c.461 §3]
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[Repealed or reserved.]
ORS 337.090 Contract with publisher; terms; security; breach; remedies. (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
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(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 an insured institution, as defined in ORS 706.008, in such sum as stipulated damages as the board may determine, payable to the State of …
ORS 337.100 [Amended by 1965 c.100 §258; 1975 c.754 §13; 1991 c.886 §10; 2001 c.461 §4; repealed by 2011 c.313 §25]
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[Repealed or reserved.]
ORS 337.110 Selection of substitute or additional textbooks and instructional materials. If at any time during the period for which a textbook or other instructional material is on the approved list adopted under ORS 337.050, it becomes necessary for the State Board of Education to adopt any textbook or other instructional material instead of those regularly adopted, the chairperson of the board may call a special session of the board. It may, upon convening, adopt such textbook or other instructional material in the same manner as other textbooks or other instructional materials are required to be adopted. [Amended by 1965 c.100 §259; 1967 c.99 §1; 1975 c.754 §14; 1991 c.886 §11; 1997 c.115 §2; 2001 c.461 §5; 2011 c.313 §13]
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AUTHORITY AND DUTIES OF DISTRICT SCHOOL BOARDS AND CHARTER SCHOOLS
ORS 337.120 District school board adoption of list and use of approved textbooks and instructional materials. (1)(a) A district school board, with the assistance of teachers and administrators of the district, shall adopt a list of textbooks and other instructional materials for each grade and subject for which instruction is provided by the school district
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(b) When adopting a list of textbooks and other instructional materials, the district school board shall consider whether the textbooks and other instructional materials are available through online resources that enable students with print disabilities to receive the textbooks a…
ORS 337.130 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.140 [Repealed by 1965 c.100 §261 (337.141 enacted in lieu of 337.140)]
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[Repealed or reserved.]
ORS 337.141 District school board selection of textbooks and instructional materials not on list adopted by State Board of Education. The State Board of Education shall adopt guidelines and criteria for a district school board to select textbooks and other instructional materials that are not on the list adopted under ORS 337.050. The guidelines and criteria must prohibit
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(1) The rejection of any textbook or instructional materials on the basis that the textbooks or instructional materials include a perspective, study or story of, or are created by, any individual or group against whom discrimination is prohibited under ORS 659.850. (2) The remova…
ORS 337.150 School board and charter school duty to provide textbooks. (1) Subject to ORS 339.155, each district school board shall provide textbooks, prescribed or authorized by law, for free use by all resident public school pupils enrolled in kindergarten through grade 12
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(2) Subject to ORS 339.155, each public charter school as defined in ORS 338.005 shall provide textbooks, prescribed or authorized by law, for free use by all pupils enrolled in the public charter school. [Amended by 1955 c.486 §2; 1957 c.272 §1; 1965 c.100 §263; 1965 c.272 §1; 1…
ORS 337.160 [Amended by 1965 c.100 §264; repealed by 1965 c.272 §2]
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[Repealed or reserved.]
ORS 337.170 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.180 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.190 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.200 [Amended by 1955 c.486 §3; repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.210 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.220 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.230 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.240 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.250 [Repealed by 1965 c.100 §456]
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REQUIRED TEXTBOOKS
ORS 337.260 (1) Every district school board, the State Board of Education and every committee or administrator responsible for the adoption of textbooks and other instructional materials for use in the public schools shall adopt textbooks and other instructional materials on American history and government that 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. Textbooks and other instructional materials shall adequately address the roles in and contributions to the economic, political and social development of Oregon and the United States by men and women who
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(a) Are Native American; (b) Are of European, African, Asian, Pacific Island, Chicano, Latino, Middle Eastern or Jewish descent; (c) Have disabilities; (d) Are immigrants or refugees; or (e) Are lesbian, gay, bisexual or transgender. (2) To comply with the prohibition on discrimi…
ORS 337.270 [Repealed by 1965 c.100 §456]
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[Repealed or reserved.]
ORS 337.275 [1999 c.265 §1; repealed by 2012 c.91 §25]
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SELECTION AND RETENTION OF SCHOOL LIBRARY MATERIALS
ORS 337.277 Prohibition on discrimination in selection or retention of library materials; process for removal of library materials. (1) As used in this section
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(a) “Classroom library” means any collection of library materials made available to students at a public school of this state in: (A) A single classroom; or (B) A common area accessible by two or more classrooms. (b)(A) “Library materials” includes educational or literary materia…
ORS 337.280 Technical assistance and guidance for compliance with ORS 337.277. (1) The Department of Education shall provide technical assistance and guidance to assist in strengthening school library programs in this state and to assist in compliance with the requirements of ORS 337.277
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(2) Technical assistance and guidance described in subsection (1) of this section may be provided to: (a) Licensed teachers with a library media endorsement and other licensed and unlicensed staff of a school library, as that term is defined in ORS 337.277; (b) Teachers with a cl…
ORS 337.285 [2001 c.271 §1; repealed by 2011 c.313 §25]
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[Repealed or reserved.]
ORS 337.288 [2001 c.271 §2; 2005 c.209 §25; repealed by 2011 c.313 §25]
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ANIMAL DISSECTION
ORS 337.300 Animal dissection; refusal by student; alternatives; notification. (1) A kindergarten through grade 12 public school student may refuse to dissect any vertebrate or invertebrate animal or the parent or legal guardian of a kindergarten through grade 12 public school student may refuse to allow the student to dissect any vertebrate or invertebrate animal
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(2) A school district that includes dissection as part of its coursework shall permit students to demonstrate competency in the coursework through alternative materials or methods of learning that do not include the dissection of animals. These alternative materials and methods m…
ORS 337.500 Definitions for ORS 337.500 to 337.506. As used in ORS 337.500 to 337.506
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(1) “Adopter” means any faculty member or academic department or other adopting entity at a higher education institution responsible for considering and choosing course materials to be utilized in connection with accredited courses taught at the institution. (2) “Higher education…
ORS 337.503 Publisher of college textbooks; duties. (1) A publisher of college textbooks must provide to prospective adopters of a particular textbook or set of textbooks in a subject area in which an instructor is teaching a course
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(a) A complete list of all the different versions of the particular textbook or set of textbooks in that particular subject area and level in which an instructor is teaching a course, that are in the relevant language, including supplemental items, whether sold together or separa…
ORS 337.506 Textbook bundling; disclosure of information. (1) A publisher of college textbooks that sells textbook bundles shall offer to prospective adopters and higher education institutions the option of ordering each component of the textbook bundle separately
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(2) Any publisher of college textbooks that sells textbook bundles shall disclose to prospective adopters the availability of the textbook purchased separately from a textbook bundle and the price at which the publisher would make the separately purchased textbook available to th…
ORS 337.510 [1957 c.642 §1; 1963 c.570 §12; 1965 c.100 §266; repealed by 1989 c.216 §1]
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(Instructional Materials in Alternative Formats)
ORS 337.511 Definitions for ORS 337.511 to 337.524. As used in ORS 337.511 to 337.524
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(1) “Alternative format” means any medium or format for the presentation of instructional materials other than standard print that is needed by a post-secondary student with a print disability for a reading accommodation, including but not limited to Braille, large print texts, a…
ORS 337.514 Purpose of ORS 337.511 to 337.524. The purpose of ORS 337.511 to 337.524 is to ensure, to the maximum extent possible, that all post-secondary students with print disabilities in Oregon who require reading accommodations, in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, or the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., shall have equal and effective access, in alternative format, to instructional materials provided by a post-secondary education institution. [2007 c.466 §2; 2021 c.97 §29]
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[Repealed or reserved.]
ORS 337.517 Instructional material in electronic format; request; requirements; transmittal. (1)(a) A post-secondary education institution may submit a written request to a publisher to receive instructional material in an electronic format. In the request, the institution must certify that
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(A) The instructional material has been purchased: (i) By a student for use by a student with a print disability; or (ii) By the institution for use by a student with a print disability who attends or is registered to attend the institution; (B) The student has a print disability…
ORS 337.520 [1957 c.642 §2; 1963 c.544 §44; 1965 c.100 §267; 1967 c.67 §7; repealed by 1989 c.216 §1]
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[Repealed or reserved.]
ORS 337.521 Higher Education Coordinating Commission powers and duties; statewide guidelines. (1) The Higher Education Coordinating Commission may work with publishers, recognized national organizations of publishers, representatives of post-secondary education institutions, the system described in ORS 192.517 and other interested parties to
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(a) Develop unified, statewide guidelines consistent with ORS 337.511 to 337.524; (b) Administer ORS 337.511 to 337.524; and (c) Review guidelines annually and revise the guidelines as necessary due to changes in technology or other changes. (2) The guidelines may address the fol…
ORS 337.524 Exceptions to requirement to provide electronic format. (1) Nothing in ORS 337.511 to 337.524 authorizes any use of instructional materials, or requires a publisher to perform any act, that would constitute an infringement of copyright under the Copyright Act of 1976, 17 U.S.C. 101 et seq
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(2) Notwithstanding ORS 337.511, 337.514, 337.517 or 337.521, a publisher is not required to provide an electronic format of the instructional material pursuant to ORS 337.517 if the publisher has commercially published or manufactured a version of the product that is accessible …
ORS 337.530 [1957 c.642 §3; 1963 c.570 §13; 1965 c.100 §268; repealed by 1989 c.216 §1]
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[Repealed or reserved.]