Chapter 461 Oregon Laws 2001
AN ACT
SB 694
Relating to instructional
materials; creating new provisions; and amending ORS 332.075, 337.035, 337.050,
337.080, 337.100, 337.110 and 337.141.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 337.035 is amended to read:
337.035. 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 [used in the public elementary and secondary
schools in this state.] adopted
under ORS 337.050.
SECTION 2.
ORS 337.050 is amended to read:
337.050. (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 [containing] contain, whenever possible[,]:
(a) More than [a single] 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 its judgment, instructional materials are
required.
(2) The State
Board of Education shall consider the best educational interests of the
students as well as the most economical method of purchasing textbooks and instructional materials in setting
periods for textbook and instructional
material review and adoption.
(3) The board
shall refrain from adopting any textbook or
instructional material in a subject field[,] whenever it finds that no textbook or instructional material can be documented as meeting, to the
degree determined by the board, the guidelines and criteria established by the
board for textbooks and instructional
materials. [The board may also review
and adopt other instructional material which it considers appropriate for grade
and subject fields.]
[(2)] (4) The board may approve the request
of a publisher to substitute a more recent edition of any officially adopted
textbook or item of instructional material in lieu of the edition or item
adopted by the board.
SECTION 3.
ORS 337.080 is amended to read:
337.080. The State Board of Education shall immediately
report to the public the textbooks and
instructional materials that [which]
have been adopted and placed on the list
under ORS 337.050. The report shall be signed by the chairperson of the
board.
SECTION 4.
ORS 337.100 is amended to read:
337.100. The Superintendent of Public Instruction shall,
under the direction of the State Board of Education, issue a circular giving
the full title of each [book] textbook and a description of the
instructional materials adopted by the board[, with] and placed on the
list under ORS 337.050. The circular may include such other information as
the board may consider useful.
SECTION 5.
ORS 337.110 is amended to read:
337.110. 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; except the
Superintendent of Public Instruction need not in such case cause circulars
described in ORS 337.030 to be sent to publishers.
SECTION 6.
ORS 337.141 is amended to read:
337.141. Upon prior notice to the State Board of Education,
the district school board of any school district may adopt and use textbooks or other instructional materials in
place of or in addition to those adopted by the State Board of Education
provided they meet the guidelines and criteria established by the State Board
of Education.
SECTION 7.
ORS 332.075 is amended to read:
332.075. (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) [Prescribe] Adopt textbooks and other instructional materials as provided in ORS 337.120 and 337.141 and courses of
study for the use of such schools as provided in ORS 336.035.
(c) Authorize the use of the schools for purposes of
training students of an approved teacher education institution, as defined in
ORS 342.120, and for such purposes may enter into contracts with the approved
teacher education institutions 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 professional 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, approved under ORS 339.430, that
administers interscholastic activities or that facilitates the scheduling and
programming of interscholastic activities.
(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.
(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
294.435. 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.
SECTION 8.
The amendments to ORS 332.075, 337.035,
337.050, 337.080, 337.100, 337.110 and 337.141 by sections 1 to 7 of this 2001
Act first apply to textbooks and instructional materials adopted for the
2003-2004 school year.
Approved by the Governor
June 19, 2001
Filed in the office of
Secretary of State June 19, 2001
Effective date January 1,
2002
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