326.111
Department of Education; composition; functions; subpoenas; rules. (1) The Department of Education is
created and shall function under the direction and control of the State Board
of Education with the Superintendent of Public Instruction serving as an
administrative officer for public school matters.
(2) The
Department of Education shall consist of:
(a) Agencies and
officers that are added by law to the Department of Education; and
(b) The
administrative organizations and staffs required for the performance of the
department’s functions.
(3) All
administrative functions of the State Board of Education shall be exercised
through the Department of Education, and the department shall exercise all
administrative functions of the state relating to supervision, management and
control of schools not conferred by law on some other agency.
(4) For the
purposes of ORS 327.109, 327.158, 339.285 to 339.303, 659.850 and 659.852:
(a) The
Department of Education may conduct investigations and issue subpoenas to
compel the testimony of any party or witness and the production of documents
and other information when such actions are necessary to carry out the
department’s duties under those sections and when the information sought is
relevant to carrying out the department’s duties under those sections. If any
person fails to comply with a subpoena issued as provided by this paragraph or
if any party or witness refuses to testify on any matter on which the party or
witness may be lawfully interrogated, the judge of the circuit court of any
county, on application of the department, shall compel obedience by proceedings
for contempt as in the case of disobedience of the requirements of a subpoena
issued by the court.
(b) Any books,
papers, records, memoranda and other information submitted, collected or
maintained for purposes of carrying out the department’s duties under those
sections is confidential and not subject to public disclosure during an ongoing
investigation of the matter to which the information relates.
(c) The State
Board of Education may adopt rules for the gathering of information through subpoena.
The rules may include procedures through which a party may object to providing
the information. [1965 c.100 §10; 1967 c.552 §22; 1989 c.491 §2; 1991 c.757 §1;
1991 c.886 §2; 1993 c.45 §12; 1999 c.39 §3; 2005 c.209 §3; 2023 c.570 §9]
Notes of Decisions
Cited in
7
cases, 1969–2007 · leading case:
Powell v. Bunn, 108 P.3d 37 (Or. Ct. App. 2005).
Powell v. Bunn, 108 P.3d 37 (Or. Ct. App. 2005).
· cites it 2× “ORS 326.111. The Board of Education establishes policy for the administration and operation of public elementary and secondary schools and community colleges and has general rulemaking authority for that purpose, ORS 326.”
Coquille Sch. Dist. 8 v. Castillo, 159 P.3d 338 (Or. Ct. App. 2007).
· cites it 2× “” ORS 326.111(1). Under ORS 326.111(3), “All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and…”
Laughlin v. Sch. Dist. No. 1, 686 P.2d 385 (Or. Ct. App. 1984).
“may request a hearing when either party does not agree with the identification, preplacement or annual evaluation, individualized educational plan, educational placement of a child, or the provision of a free appropriate education to a child who may be handicapped * * * ” As the…”
Kerr Ctr. Parents Ass'n Ex Rel. Richardson v. Charles, 572 F. Supp. 448 (D. Or. 1983).
“PARTIES AND DEFINITIONS Defendant Oregon Department of Education is an Oregon State agency duly organized pursuant to ORS 326.111 and responsible for exercising administrative functions of the State of Oregon relating to supervision, management and control of the Oregon public…”
Oregon Sch. Activities Ass'n v. Stout, 692 P.2d 633 (Or. Ct. App. 1984).
· cites it 2× “ORS 326.111, 326.310. By statute, all administrative functions relating to the supervision, management and control of schools is to be exercised by the Department unless conferred by law on some other agency.”
State v. Washington, 458 P.2d 694 (Or. Ct. App. 1969).
“Department of Education, pursuant to ORS 326.111 and 327.010. Document 9817, Oregon Supreme Court Library.”
State v. Washington, 458 P.2d 694 (Or. Ct. App. 1969).
“" (Promulgated by the State Department of Education, pursuant to ORS 326.111 and 327.010. Document 9817, Oregon Supreme Court Library.”
— Or. Rev. Stat. § 326.111(1) — 1 case
Coquille Sch. Dist. 8 v. Castillo, 159 P.3d 338 (Or. Ct. App. 2007).
“” ORS 326.111(1). Under ORS 326.111(3), “All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and…”
— Or. Rev. Stat. § 326.111(3) — 2 cases
Coquille Sch. Dist. 8 v. Castillo, 159 P.3d 338 (Or. Ct. App. 2007).
“” ORS 326.111(1). Under ORS 326.111(3), “All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and…”
Oregon Sch. Activities Ass'n v. Stout, 692 P.2d 633 (Or. Ct. App. 1984).
“ORS 326.111, 326.310. By statute, all administrative functions relating to the supervision, management and control of schools is to be exercised by the Department unless conferred by law on some other agency.”
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.