ORS 326.051: Board functions; rules.

Subject to ORS 417.300 and 417.305: (1) In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS chapter 183, the State Board of Education shall: (a) Establish state standards for public kindergartens and public elementary and secondary schools consistent with the policies stated in ORS 326.011. (b) Adopt rules for the general governance of public kindergartens and public elementary and secondary schools. (c) Prescribe required or minimum courses of study. (d) Adopt rules for public kindergartens and public elementary and secondary schools consistent with the policy stated in ORS 342.437. (e) Adopt rules regarding school and interscholastic activities. (f) Adopt rules that provide that no public elementary or secondary school shall discriminate in determining participation in interscholastic activities. As used in this paragraph, “discrimination” has the meaning given that term in ORS 659.850. (g) Adopt rules that will eliminate the use and purchase of elemental mercury, mercury compounds and mercury-added instructional materials by public elementary and secondary schools. (2) The State Board of Education may: (a) Consistent with the laws of this state, accept money or property not otherwise provided for under paragraph (b) of this subsection, which is donated for the use or benefit of the public kindergartens and public elementary and secondary schools and use such money or property for the purpose for which it was donated. Until it is used, the board shall deposit any money received under this paragraph in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275. (b) Apply for federal funds, accept and enter into any contracts or agreements on behalf of the state for the receipt of funds from the federal government or its agencies and disburse or expend the federal funds as provided by ORS 327.128. This paragraph applies to federal funds to be used for: (A) Educational purposes, including but not limited to any funds available for the school lunch program; (B) Career and technical education programs in public elementary and secondary schools; and (C) Any grants available to the state or its political subdivisions for general federal aid for public kindergartens, public elementary schools and public secondary schools and their auxiliary services, improvement of teacher preparation, teacher salaries, construction of school buildings, administration of the Department of Education and any other educational activities under the jurisdiction of the State Board of Education. (c) Adopt rules to administer the United States Department of Agriculture’s National School Lunch Program and School Breakfast Program for public and private prekindergarten through grade 12 schools and residential child care facilities. [1965 c.100 §6; 1965 c.519 §14; 1967 c.67 §24; 1969 c.284 §1; 1971 c.513 §9; 1973 c.707 §1; 1975 c.459 §1; 1975 c.605 §17a; 1981 c.91 §1; 1987 c.404 §2; 1987 c.474 §2; 1989 c.834 §§12,13; 1993 c.45 §§5,6; 2001 c.530 §1; 2003 c.14 §146; 2003 c.151 §1; 2009 c.94 §1; 2011 c.313 §17; 2013 c.747 §37; 2021 c.511 §3; 2021 c.518 §8] 326.051. Subject to ORS 417.300 and 417.305: (1) In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS chapter 183, the State Board of Education shall: (a) Establish and enforce state standards for public kindergartens and public elementary and secondary schools consistent with the policies stated in ORS 326.011, including providing a process for a person who resides in the district, or a parent or guardian of a student who attends school in the district, to file a complaint about noncompliance with a standard. (b) Adopt rules for the general governance of public kindergartens and public elementary and secondary schools. (c) Prescribe required or minimum courses of study. (d) Adopt rules for public kindergartens and public elementary and secondary schools consistent with the policy stated in ORS 342.437. (e) Adopt rules regarding school and interscholastic activities. (f) Adopt rules that provide that no public elementary or secondary school shall discriminate in determining participation in interscholastic activities. As used in this paragraph, “discrimination” has the meaning given that term in ORS 659.850. (g) Adopt rules that will eliminate the use and purchase of elemental mercury, mercury compounds and mercury-added instructional materials by public elementary and secondary schools. (2) The State Board of Education may: (a) Consistent with the laws of this state, accept money or property not otherwise provided for under paragraph (b) of this subsection, which is donated for the use or benefit of the public kindergartens and public elementary and secondary schools and use such money or property for the purpose for which it was donated. Until it is used, the board shall deposit any money received under this paragraph in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275. (b) Apply for federal funds, accept and enter into any contracts or agreements on behalf of the state for the receipt of funds from the federal government or its agencies and disburse or expend the federal funds as provided by ORS 327.128. This paragraph applies to federal funds to be used for: (A) Educational purposes, including but not limited to any funds available for the school lunch program; (B) Career and technical education programs in public elementary and secondary schools; and (C) Any grants available to the state or its political subdivisions for general federal aid for public kindergartens, public elementary schools and public secondary schools and their auxiliary services, improvement of teacher preparation, teacher salaries, construction of school buildings, administration of the Department of Education and any other educational activities under the jurisdiction of the State Board of Education. (c) Adopt rules to administer the United States Department of Agriculture’s National School Lunch Program and School Breakfast Program for public and private prekindergarten through grade 12 schools and residential child care facilities.