2007 ORS 332.155¹
Land
  • buildings
  • lease-purchase agreements
  • equipment and services

A district school board:

(1) May furnish, equip, repair, lease, purchase and build schoolhouses, including high schools, junior high schools, professional technical schools, gymnasiums, houses for teachers and other employees, and like buildings; and locate, buy and lease lands for all school purposes. Leases authorized by this section include lease-purchase agreements whereunder the district may acquire ownership of the leased property at a nominal price. Such leases and lease-purchase agreements may be for a term of up to 30 years.

(2) May contract for the removal or containment of asbestos substances in school buildings and for repairs made necessary by such removal or containment. Contracts authorized by this section may be for a term exceeding one year.

(3) May construct or cooperate in the construction of schools for training of student teachers on state or district owned lands, for any state institution of higher education in or contiguous to the district, and to expend district funds in so doing.

(4) May acquire personal property by a lease-purchase agreement or contract of purchase for a term exceeding one year. A lease-purchase agreement is one in which the rent payable by the district is expressly agreed to have been established to reflect the savings resulting from the exemption from taxation, and the district is entitled to ownership of the property at a nominal or other price which is stated or determinable by the terms of the agreement and was not intended to reflect the true value of the property.

(5) May lease, sell and convey all property of the district as may not in the judgment of the district school board be required for school purposes.

(6) May sell property of the district in transactions whereby the district has the right to lease, occupy or reacquire the property following the sale or have facilities constructed thereon or furnished to the specifications of the district. The construction or furnishing of such facilities shall be subject to:

(a) ORS chapter 279A, except ORS 279A.125 (Preference for recycled materials) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts);

(b) ORS chapter 279B, except ORS 279B.235 (Condition concerning hours of labor), 279B.240 (Exclusion of recycled oils prohibited), 279B.270 (State contracting agencies to use recovered resources and recycled materials), 279B.275 (Purchase of goods containing recycled polyethylene material) and 279B.280 (Use of recycled products when economically feasible); and

(c) ORS chapter 279C.005 (Definitions), 279C.100 (Definitions for ORS 279C.100 to 279C.125) to 279C.125 (Architectural, engineering and land surveying services selection process for local government public improvements procured through state agency) and 279C.300 (Policy on competition) to 279C.470 (Compensation for contractor on contract declared void by court).

(7) Shall furnish the schools with supplies, equipment, apparatus and services essential to meeting the requirements of a standard school and may furnish such other supplies, equipment, apparatus and services as the board considers advisable.

(8) May construct, purchase or lease in cooperation with other school districts or community college districts facilities for secondary professional technical programs for pupils of more than one district and may furnish or cooperate in furnishing supplies and equipment for such facilities, to be financed in the same manner as other school buildings and supplies are financed.

(9) May purchase real property upon a contractual basis when the period of time allowed for payment under the contract does not exceed 30 years.

(10) May purchase relocatable classrooms and other relocatable structures in installment transactions in which deferred installments of the purchase price are payable over not more than 10 years from the date such property is delivered to the district for occupancy and are secured by a security interest in such property. Such transactions may take the form of, but are not limited to, lease-purchase agreements.

(11) May enter into rental or lease-purchase agreements covering motor vehicles operated by the district. [Formerly 332.380; 1965 c.100 §143; 1969 c.311 §2; 1969 c.434 §1; 1975 c.358 §1; 1981 c.212 §1; 1983 c.740 §103; 1989 c.138 §2; 1993 c.45 §47; 2003 c.794 §255]

Notes of Decisions

If school district serves popula­tion of 300,000 or more, duty to provide essential services is subject to terms of Custodians' Civil Service Law, ORS 242.310 (Short title) to 242.640 (Prohibited conduct). Walter v. Scherzinger, 339 Or 408, 121 P3d 644 (2005)

Atty. Gen. Opinions

Authority of school district to acquire and use prop­erty outside boundaries, (1973) Vol 36, p 626; contracts between school districts and photographers, (1974) Vol 37, p 49; power of school district to except right to use services as partial considera­tion for sale of school district prop­erty, (1979) Vol 39, p 707

1 Legislative Counsel Committee, CHAPTER 332—Local Administration of Education, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­332.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 332, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­332ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.