ORS Chapter 337
Chapter 337 — Booksand Instructional Materials
2009 EDITION
BOOKSAND INSTRUCTIONAL MATERIALS
EDUCATIONAND CULTURE
LISTOF TEXTBOOKS AND INSTRUCTIONAL MATERIALS
337.030 Annualcircular to school textbook publishers
337.035 Establishmentof guidelines and criteria for review and selection of textbooks andinstructional materials; rules
337.050 Listof textbooks and instructional materials
337.060 Submissionof proposals by publishers
337.065 Publisherfee
337.075 Adoptionor rejection of textbooks
337.080 Reportof textbook and instructional material adoptions
337.090 Contractwith publisher; terms; security; breach; remedies
337.100 Circularof adopted textbooks and instructional materials
337.110 Selectionof substitute or additional textbooks and instructional materials
DUTIESOF DISTRICT SCHOOL BOARDS AND CHARTER SCHOOLS
337.120 Schoolboard adoption and use of approved textbooks and instructional materials
337.141 Textbookand instructional material adoption and use by school boards
337.150 Schoolboard and charter school duty to provide textbooks
REQUIREDTEXTBOOKS AND INSTRUCTIONAL MATERIALS
337.260 Textbookson American history and government
337.275 Instructionalmaterials on phonics
SPREADTHE WORD PROGRAM
337.285 Definitionsfor ORS 337.288
337.288 Spreadthe Word Program; purpose; donated books
ANIMALDISSECTION
337.300 Animaldissection; refusal by student; alternatives; notification
POST-SECONDARYTEXTBOOKS AND INSTRUCTIONAL MATERIALS
(Generally)
337.500 Definitionsfor ORS 337.500 to 337.506
337.503 Publisherof college textbooks; duties
337.506 Textbookbundling; disclosure of information
(InstructionalMaterials in Alternative Formats)
337.511 Definitionsfor ORS 337.511 to 337.524
337.514 Purpose
337.517 Instructionalmaterial in electronic format; request; requirements; transmittal
337.521 StateBoard of Higher Education powers and duties; statewide guidelines
337.524 Exceptionsto requirement to provide electronic format
337.010 [Repealed by1965 c.100 §248 (337.011 enacted in lieu of 337.010)]
337.011 [1965 c.100 §249(enacted in lieu of 337.010); 1975 c.754 §1; repealed by 1995 c.111 §2]
337.020 [Amended by1953 c.526 §1; 1965 c.100 §250; 1969 c.314 §22; repealed by 1995 c.111 §2]
LISTOF TEXTBOOKS AND INSTRUCTIONAL MATERIALS
337.030Annual circular to school textbook publishers. TheSuperintendent of Public Instruction shall, under the direction of the StateBoard of Education, mail a copy of a circular to all the leading schooltextbook publishers in the United States. The circular shall contain:
(1)The name and post-office address of the State Board of Education.
(2)The time and place of meeting of the board to review and adopt textbooks.
(3)The general form of the proposal to be followed by publishers in submittingtextbooks for review and adoption.
(4)The general form of contract to be entered into between the board and apublisher whose textbooks may be adopted.
(5)The branches of study for which textbooks are to be adopted.
(6)The statutory provisions relating to the review and adoption of textbooks.
(7)Such additional information as may be considered useful. [Amended by 1965 c.100§251; 1975 c.754 §5; 1991 c.886 §3]
337.035Establishment of guidelines and criteria for review and selection of textbooksand instructional materials; rules. The State Board of Education by ruleshall establish guidelines and criteria for the review and selection oftextbooks and other instructional materials to be placed on the list adoptedunder ORS 337.050. [1975 c.754 §3; 2001 c.461 §1]
337.040 [Amended by1953 c.526 §2; 1955 c.406 §1; 1965 c.100 §252; 1975 c.754 §6; repealed by 1995c.111 §2]
337.050List of textbooks and instructional materials. (1) The StateBoard of Education shall review and adopt, for periods established by theboard, a list of textbooks and other instructional materials for use by schooldistricts. The list shall contain, whenever possible:
(a)More than one textbook selection for each grade and subject field in the standardcurriculum for which, in its judgment, textbooks are required; and
(b)More than one instructional material selection for each grade and subject fieldin the standard curriculum for which, in its judgment, instructional materialsare required.
(2)The State Board of Education shall consider the best educational interests ofthe students as well as the most economical method of purchasing textbooks andinstructional materials in setting periods for textbook and instructionalmaterial review and adoption.
(3)The board shall refrain from adopting any textbook or instructional material ina subject field whenever it finds that no textbook or instructional materialcan be documented as meeting, to the degree determined by the board, theguidelines and criteria established by the board for textbooks andinstructional materials.
(4)The board may approve the request of a publisher to substitute a more recentedition of any officially adopted textbook or item of instructional material inlieu of the edition or item adopted by the board. [Amended by 1953 c.121 §3;1953 c.526 §3; 1955 c.406 §2; 1965 c.100 §253; 1967 c.370 §1; 1975 c.754 §7;1983 c.300 §1; 1991 c.886 §4; 1997 c.115 §1; 2001 c.461 §2]
337.055 [1975 c.754 §4;repealed by 1995 c.111 §2]
337.060Submission of proposals by publishers. (1) The proposals of each publishershall be submitted to the Department of Education in writing and shall beresponsive to the requirements of ORS 337.030 (3) and (4), and such otherinformation relating to the terms and conditions under which the publisherproposes to furnish textbooks as the State Board of Education may require.
(2)In addition to the material required under subsection (1) of this section, theproposal shall include documentation and analysis on each textbook showing howit conforms to the guidelines and criteria adopted by the State Board ofEducation for the review and adoption of textbooks. [Amended by 1965 c.100 §254;1975 c.754 §8; 1991 c.886 §5]
337.065Publisher fee.(1) The Department of Education shall collect from each publisher or othersupplier who submits a proposal under ORS 337.060 a fee equal to the retailprice, or $50, whichever is the greater, for each textbook title or item ofinstructional material proposed by the publisher or supplier for review andadoption by the board. Fees are payable prior to consideration of the proposal.
(2)The moneys received under subsection (1) of this section shall be paid into theState Treasury and placed to the credit of the Department of Education. Themoneys are continuously appropriated to meet expenses incurred under ORS337.030 to 337.260. [1967 c.370 §§2,3; 1975 c.754 §9; 1991 c.886 §6]
337.070 [Repealed by1965 c.100 §456]
337.075Adoption or rejection of textbooks. (1) The State Board of Education mayadopt or reject any textbook contained in any proposal. If the terms andconditions for furnishing a textbook in all proposals relating to that textbookare considered by the board to be unreasonable or the textbook is considered tobe unsuitable pursuant to guidelines and criteria established by the board, theboard may reject the textbook.
(2)At the same or subsequent sessions, the board may receive new proposals for atextbook previously rejected and adopt the textbook in the same manner as othertextbooks are required to be adopted. No proposal shall be considered unlessthe publisher has delivered without charge two copies of each textbookcontained in the proposal to the Department of Education at least 60 daysbefore the meeting. [1965 c.100 §255; 1975 c.754 §10; 1991 c.886 §7]
337.080Report of textbook and instructional material adoptions. The State Boardof Education shall immediately report to the public the textbooks andinstructional materials that have been adopted and placed on the list under ORS337.050. The report shall be signed by the chairperson of the board. [Amendedby 1965 c.100 §256; 1975 c.754 §11; 1991 c.886 §8; 2001 c.461 §3]
337.090Contract with publisher; terms; security; breach; remedies. (1) The State Boardof Education, as soon as practicable, shall enter into a written contract witheach publisher the textbook of which has been adopted. The contract shallrequire the publisher to maintain at least one depository to be designated bythe board, where such textbooks may be purchased and to furnish such textbooksaccording to law and the conditions named in the proposal.
(2)The board shall take from each publisher entering into a contract a good andsufficient bond, or an irrevocable letter of credit issued by an insuredinstitution, as defined in ORS 706.008, in such sum as stipulated damages asthe board may determine, payable to the State of Oregon for the benefit of theCommon School Fund, executed by the publisher as obligor together with a suretycompany authorized to do business in this state as surety and approved by theboard, for the full and faithful performance of the contract.
(3)If any publisher fails to carry out the provisions of the contract on the partof 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 thecontract of the publisher, the board may, on behalf of the state, rescind thecontract and notify the publisher thereof, or bring the appropriate action orsuit to enforce the provisions of the publisher’s bond or letter of credit. [Amendedby 1965 c.100 §257; 1975 c.754 §12; 1991 c.331 §57; 1991 c.886 §9; 1997 c.631 §463]
337.100Circular of adopted textbooks and instructional materials. TheSuperintendent of Public Instruction shall, under the direction of the StateBoard of Education, issue a circular giving the full title of each textbook anda description of the instructional materials adopted by the board and placed onthe list under ORS 337.050. The circular may include such other information asthe board may consider useful. [Amended by 1965 c.100 §258; 1975 c.754 §13;1991 c.886 §10; 2001 c.461 §4]
337.110Selection of substitute or additional textbooks and instructional materials. If at any timeduring the period for which a textbook or other instructional material is onthe approved list adopted under ORS 337.050, it becomes necessary for the StateBoard of Education to adopt any textbook or other instructional material insteadof those regularly adopted, the chairperson of the board may call a specialsession of the board. It may, upon convening, adopt such textbook or otherinstructional material in the same manner as other textbooks or otherinstructional materials are required to be adopted; except the Superintendentof Public Instruction need not in such case cause circulars described in ORS337.030 to be sent to publishers. [Amended by 1965 c.100 §259; 1967 c.99 §1;1975 c.754 §14; 1991 c.886 §11; 1997 c.115 §2; 2001 c.461 §5]
DUTIESOF DISTRICT SCHOOL BOARDS AND CHARTER SCHOOLS
337.120School board adoption and use of approved textbooks and instructionalmaterials.(1) Except as otherwise provided by ORS 337.141, the district school board,with the assistance of teachers and administrators of the district, shall adopttextbooks and other instructional materials for each grade and subject fieldfor which instruction is provided by the district school board from theapproved list. The district school board shall involve parents and citizens inthe process.
(2)The district school board shall cause the books or materials, according totitles, so adopted to be used in its schools at the beginning of the nextschool year following the state adoption, except when, pursuant to rules of theState Board of Education, the district school board is authorized by theSuperintendent of Public Instruction to postpone such use for a reasonableperiod of time. [Amended by 1953 c.121 §3; 1965 c.100 §260; 1967 c.100 §1; 1975c.754 §15; 1989 c.491 §27; 1991 c.886 §12; 1997 c.115 §3]
337.130 [Repealed by1965 c.100 §456]
337.140 [Repealed by1965 c.100 §261 (337.141 enacted in lieu of 337.140)]
337.141Textbook and instructional material adoption and use by school boards. Upon prior noticeto the State Board of Education, the district school board of any schooldistrict may adopt and use textbooks or other instructional materials in placeof or in addition to those adopted by the State Board of Education providedthey meet the guidelines and criteria established by the State Board ofEducation. [1965 c.100 §262 (enacted in lieu of 337.140); 1975 c.754 §16; 1979c.273 §2; 1991 c.886 §13; 2001 c.461 §6]
337.150School board and charter school duty to provide textbooks. (1) Subject toORS 339.155, each district school board shall provide textbooks, prescribed orauthorized by law, for free use by all resident public school pupils enrolledin kindergarten through grade 12.
(2)Subject to ORS 339.155, each public charter school as defined in ORS 338.005shall provide textbooks, prescribed or authorized by law, for free use by allpupils enrolled in the public charter school. [Amended by 1955 c.486 §2; 1957c.272 §1; 1965 c.100 §263; 1965 c.272 §1; 1979 c.273 §1; 1989 c.130 §1; 1993c.45 §303; 1999 c.200 §30]
337.160 [Amended by1965 c.100 §264; repealed by 1965 c.272 §2]
337.170 [Repealed by1965 c.100 §456]
337.180 [Repealed by1965 c.100 §456]
337.190 [Repealed by1965 c.100 §456]
337.200 [Amended by1955 c.486 §3; repealed by 1965 c.100 §456]
337.210 [Repealed by1965 c.100 §456]
337.220 [Repealed by1965 c.100 §456]
337.230 [Repealed by1965 c.100 §456]
337.240 [Repealed by1965 c.100 §456]
337.250 [Repealed by1965 c.100 §456]
REQUIREDTEXTBOOKS AND INSTRUCTIONAL MATERIALS
337.260Textbooks on American history and government. Every district school board, theState Board of Education and every committee or officer responsible for theadoption of textbooks for use in the public schools shall adopt textbooks onAmerican history and government which adequately stress the services renderedby those who achieved our national independence, who established our form ofconstitutional government and who preserved our federal union. Respect for allpeople, regardless of race, color, creed, national origin, age, sex, ordisability, and their contributions to our history and system of governmentshall be reflected in the textbooks adopted by the State Board of Education. [Amendedby 1965 c.100 §265; 1975 c.754 §17; 1985 c.388 §2; 1985 c.709 §3; 1991 c.886 §14;1993 c.45 §§304,305]
337.270 [Repealed by1965 c.100 §456]
337.275Instructional materials on phonics. (1) The State Board of Education shallinclude instructional materials on explicit phonics with decodable text on thestatewide list of instructional materials adopted for inclusion in the readinginstruction programs for kindergarten through grade two.
(2)Each school district shall provide instructional materials on explicit phonicswith decodable text from which classroom teachers may select for use as part ofthe reading instruction program in kindergarten through grade two. [1999 c.265 §1]
SPREADTHE WORD PROGRAM
337.285Definitions for ORS 337.288. As used in ORS 337.288:
(1)“Participating school” means a public school, public charter school or privateschool that collects donated books from students, civic groups and members ofthe community for distribution to children who have few books at home.
(2)“Recipient school” means a public school or public charter school that receivesdonated books for distribution to students attending the school. [2001 c.271 §1]
337.288Spread the Word Program; purpose; donated books. (1) There iscreated the Spread the Word Program in the Department of Education. The purposeof the program is to provide books to elementary school children inkindergarten through grade five who have few books at home. Under the program,participating schools, individuals and civic groups may collect children’sbooks that shall be donated to recipient schools for distribution to eligiblechildren.
(2)The department shall:
(a)Establish assessment criteria to identify children eligible to receive booksunder the program; and
(b)Develop an informational brochure on the program and distribute the brochure topublic schools and public charter schools in this state.
(3)Participatin