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Oregon Revised Statutes

Or. Rev. Stat. § 326.051 (2026)

Board functions; rules

✓ current as of May 2026
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      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]

 

      Note: The amendments to 326.051 by section 31, chapter 406, Oregon Laws 2025, become operative December 31, 2026. See section 33, chapter 406, Oregon Laws 2025. The text that is operative on and after December 31, 2026, is set forth for the user’s convenience.

      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.

 

      326.054 [1953 c.78 §1(1); repealed by 1965 c.100 §456]

 

      326.056 [1953 c.78 §1(2); repealed by 1965 c.100 §456]

 

      326.058 [1987 c.404 §1; 1993 c.45 §9; renumbered 339.430 in 1993]

 

      326.060 [Repealed by 1965 c.100 §2 (326.021 enacted in lieu of 326.060)]

 

      326.061 [1965 c.100 §8; repealed by 1993 c.45 §10]

 

      326.063 [Repealed by 1965 c.100 §456]

 

      326.065 [Amended by 1961 c.167 §40; repealed by 1965 c.100 §456]

 

      326.070 [Amended by 1959 c.422 §1; repealed by 1965 c.100 §456]

 

      326.071 [Formerly 326.120; repealed by 1977 c.306 §1]

 

      326.075 [1975 c.553 §8; 1993 c.45 §11; 1997 c.652 §20; 2011 c.637 §103; repealed by 2013 c.747 §203]

 

      326.080 [Repealed by 1965 c.100 §456]

 

      326.081 [1971 c.656 §2; repealed by 1985 c.388 §3]

 

      326.090 [Amended by 1959 c.422 §2; 1963 c.483 §8; repealed by 1965 c.100 §456]

 

      326.095 [Formerly 326.030; repealed by 1965 c.100 §456]

 

      326.100 [Repealed by 1961 c.624 §8 and 1965 c.519 §15]

 

      326.102 [1953 c.266 §1; renumbered 326.520]

 

      326.104 [1953 c.266 §2; renumbered 326.530]

 

      326.106 [1953 c.266 §3; renumbered 326.540]

 

      326.110 [Repealed by 1965 c.100 §456]

 

DEPARTMENT OF EDUCATION

Notes of Decisions
Cited in 9 cases, 1968–2019 · leading case: Coalition for Equitable Sch. Funding, Inc. v. State, 811 P.2d 116 (Or. 1991).
Sort: Relevance Newest Treatment
Coalition for Equitable Sch. Funding, Inc. v. State, 811 P.2d 116 (Or. 1991). · cites it 2× “" ORS 326.051(1)(a) requires the State Board of Education to establish state standards for public kindergartens and public elementary and secondary schools.”
Olsen v. State Ex Rel. Johnson, 554 P.2d 139 (Or. 1976). “ORS 326.051. The local control argument is generally based upon the political principle that the governmental body supplying the funds, despite initial protestations to the contrary, ultimately directs how the funds shall be spent.”
Powell v. Bunn, 108 P.3d 37 (Or. Ct. App. 2005). · cites it 2× “011; ORS 326.051, as well as rulemaking authority relating to the specific issue presented here, as we discuss below.”
Oregon Sch. Activities Ass'n v. Stout, 692 P.2d 633 (Or. Ct. App. 1984). · cites it 6× “See ORS 326.051. The State Board administers its functions through the Department of Education, the executive head of which is the Superintendent.”
Bingham v. Oregon Sch. Activities Ass'n, 37 F. Supp. 2d 1189 (D. Or. 1999). · cites it 3× “The Board functions are specified in ORS 326.051, which states: (l)In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS 183.”
Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019). “Under ORS 326.051(1)(b), the board is charged with adopting rules for the general governance of public schools.”
Lane Cnty. Sch. Dist. 4J v. Oregon Sch. Activities Ass'n, 157 P.3d 1241 (Or. Ct. App. 2007). ““(4) If a voluntary organization meets the standards established under ORS 326.051 and its rules and bylaws do not conflict with state law or rules of the board, the board shall approve the organization.”
Sch. Dist. No. 1 v. Multnomah Cnty. Educ. Serv. Dist., 716 P.2d 759 (Or. Ct. App. 1986). ““(5) The State Board of Education shall adopt minimum standards and definitions pertaining to the objectives of reorganization, taking into account the effect reorganization may have on achieving the goals of modern education and the other factors described in ORS 326.051(1).”…”
State Bd. of Educ. v. Fasold, 445 P.2d 489 (Or. 1968). “’ ORS 326.051. “Article VIII, § 1 ① of the Oregon Constitution provides that it ‘* * * shall be competent for the Legislative Assembly to * * * prescribe [the Superintendent’s] powers and duties; * * *’ Among the duties of the Superintendent prescribed by the Legislature is the…”
— Or. Rev. Stat. § 326.051(1) — 2 cases
Oregon Sch. Activities Ass'n v. Stout, 692 P.2d 633 (Or. Ct. App. 1984). “See ORS 326.051. The State Board administers its functions through the Department of Education, the executive head of which is the Superintendent.”
Sch. Dist. No. 1 v. Multnomah Cnty. Educ. Serv. Dist., 716 P.2d 759 (Or. Ct. App. 1986). ““(5) The State Board of Education shall adopt minimum standards and definitions pertaining to the objectives of reorganization, taking into account the effect reorganization may have on achieving the goals of modern education and the other factors described in ORS 326.051(1).”…”
— Or. Rev. Stat. § 326.051(1)(a) — 1 case
Coalition for Equitable Sch. Funding, Inc. v. State, 811 P.2d 116 (Or. 1991). “" ORS 326.051(1)(a) requires the State Board of Education to establish state standards for public kindergartens and public elementary and secondary schools.”
— Or. Rev. Stat. § 326.051(1)(b) — 1 case
Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019). “Under ORS 326.051(1)(b), the board is charged with adopting rules for the general governance of public schools.”
— Or. Rev. Stat. § 326.051(l)(a) — 1 case
Coalition for Equitable Sch. Funding, Inc. v. State, 811 P.2d 116 (Or. 1991). “" ORS 326.051(1)(a) requires the State Board of Education to establish state standards for public kindergartens and public elementary and secondary schools.”
— Or. Rev. Stat. § 326.051(l)(d) — 2 cases
Oregon Sch. Activities Ass'n v. Stout, 692 P.2d 633 (Or. Ct. App. 1984). “See ORS 326.051. The State Board administers its functions through the Department of Education, the executive head of which is the Superintendent.”
Bingham v. Oregon Sch. Activities Ass'n, 37 F. Supp. 2d 1189 (D. Or. 1999). “The Board functions are specified in ORS 326.051, which states: (l)In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS 183.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.