Relating to instructional materials; creating new provisions; amending ORS 332.075, 337.035, 337.050, 337.080, 337.090, 337.100, 337.110, 337.120, 337.260 and 337.275; and repealing ORS 337.141.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2534
 
                         Senate Bill 594
 
Sponsored by Senator STARR
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs district school boards to adopt textbooks and
instructional materials for use in schools of district. Directs
State Board of Education to adopt recommended list of textbooks
and instructional materials.
 
                        A BILL FOR AN ACT
Relating to instructional materials; creating new provisions;
  amending ORS 332.075, 337.035, 337.050, 337.080, 337.090,
  337.100, 337.110, 337.120, 337.260 and 337.275; and repealing
  ORS 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 instructional materials + } to be { +  placed on the
recommended 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
 { + recommended + } textbooks containing, whenever possible,
more than a single selection for each grade and subject field in
the standard curriculum for which, in its judgment, textbooks are
required. The State Board of Education shall consider the best
educational interests of the students as well as the most
economical method of purchasing textbooks in setting periods for
textbook review and adoption. The board shall refrain from
adopting any textbook in a subject field, whenever it finds that
no textbook can be documented as meeting, to the degree
determined by the board, the guidelines and criteria established
by the board for textbooks.  The board may also review and adopt
other  { + recommended + } instructional   { - material which - }
 { + materials that + } it considers appropriate for grade and
subject fields.
  (2) 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 recommended list under ORS 337.050 + }. The report shall be
signed by the chairperson of the board.
  SECTION 4. ORS 337.090 is amended to read:
  337.090. (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 { +  and placed
on the recommended list under ORS 337.050 + }. 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.
  (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 Oregon for the benefit of the
Common School Fund, executed by the publisher as obligor together
with a surety company authorized to do business in this state as
surety and approved by the board, for the full and faithful
performance of the contract.
  (3) If any publisher fails to carry out the provisions of the
contract on the part of the publisher, or, with intent to evade
the provisions of the contract, sells any of the textbooks in
this state at prices higher than specified in the contract of the
publisher, the board may, on behalf of the state, rescind the
contract and notify the publisher thereof, or bring the
appropriate action or suit to enforce the provisions of the
publisher's bond or letter of credit.
  SECTION 5. 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 recommended list
under ORS 337.050. The circular may include + } such other
information as the board may consider useful.
  SECTION 6. ORS 337.110 is amended to read:
  337.110. If at any time during the period for which a textbook
is on the   { - approved - }  { +  recommended + } list { +
adopted under ORS 337.050 + }, it becomes necessary for the State
Board of Education to adopt any textbook 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 in the same manner as other textbooks 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 7. ORS 337.120 is amended to read:
  337.120. (1)   { - Except as otherwise provided by ORS 337.141,
the - }  { +  A + } district school board, with the assistance of
teachers and administrators of the district, shall adopt
textbooks and other instructional materials for each grade and
subject field for which instruction is provided by the district
school board   { - from - }  { + . The board may adopt textbooks
and instructional materials from + } the
  { - approved - }  { +  recommended + } list { +  adopted by the
State Board of Education under ORS 337.050 + }. The district
school board shall involve parents and citizens in the process.
  (2) The district school board shall   { - cause - }  { +
specify, according to titles, when + } the   { - books - }  { +
textbooks + } or  { + instructional + } materials  { - ,
according to titles, so - }   { + that are + } adopted
 { + are + } to be used in   { - its - }  { +  the + } schools
 { - at the beginning of the next school year following the state
adoption, except when, pursuant to rules of the State Board of
Education, the district school board is authorized by the
Superintendent of Public Instruction to postpone such use for a
reasonable period of time - }  { +  of the school district + }.
  SECTION 8. ORS 337.260 is amended to read:
  337.260. Every district school board, the State Board of
Education and every committee or officer responsible for the
adoption of textbooks for use in the public schools shall adopt
textbooks on American history and government   { - which - }
 { + 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.
Respect for all people, regardless of race, color, creed,
national origin, age, sex, or disability, and their contributions
to our history and system of government shall be reflected in the
textbooks  { + on the recommended list + } adopted by the State
Board of Education { +  under ORS 337.050 + }.
  SECTION 9. ORS 337.275 is amended to read:
  337.275. (1) The State Board of Education shall include
instructional materials on explicit phonics with decodable text
on the statewide list of instructional materials
 { - adopted - }  { +  recommended + } for inclusion in the
reading instruction programs for kindergarten through grade two.
  (2) Each school district shall provide instructional materials
on explicit phonics with decodable text from which classroom
teachers may select for use as part of the reading instruction
program in kindergarten through grade two.
  SECTION 10. 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
instructional materials + } as provided in ORS   { - 337.141 - }
 { +  337.120 + } 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 11.  { + The amendments to ORS 332.075, 337.035,
337.050, 337.080, 337.090, 337.100, 337.110, 337.120, 337.260 and
337.275 by sections 1 to 10 of this 2001 Act and the repeal of
ORS 337.141 by section 12 of this 2001 Act first apply to
textbooks and instructional materials adopted for the 2002-2003
school year. + }
  SECTION 12.  { + ORS 337.141 is repealed. + }
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