(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 departments 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 departments duties under those sections and when the information sought is relevant to carrying out the departments 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 departments 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.
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