2005 Oregon Code - Chapter 336 :: Chapter 336 - Conduct of Schools Generally
Chapter 336 — Conduct of Schools Generally
2005 EDITION
CONDUCT OF SCHOOLS
EDUCATION AND CULTURE
HOLIDAYS; SPECIAL OBSERVANCES; REQUIRED COURSES OF STUDY
336.010Â Â Â Â School month; holidays; teachersÂ’ holiday pay; Saturday instruction
336.012Â Â Â Â Twelve-month class schedule optional
336.015Â Â Â Â Arbor Week
336.023Â Â Â Â History of Oregon Statehood Week
336.025Â Â Â Â Women in History Week
336.035Â Â Â Â Required courses of study; supplemental courses; district courses; courses concerning sexually transmitted diseases
336.057Â Â Â Â Courses in Constitution and history of United States
336.067Â Â Â Â Instruction in ethics and morality
336.071Â Â Â Â Emergency drills and instruction; maintenance of exit doors
336.074Â Â Â Â Teaching in English required; exceptions
336.079Â Â Â Â Special English courses for certain children
336.081Â Â Â Â Opportunity to qualify to assist non-English-speaking students
336.082Â Â Â Â Development of nondiscriminatory curriculum
336.086Â Â Â Â Standards for curriculum described in ORS 336.082
336.088Â Â Â Â Conflict resolution program; adoption discretionary
ADDITIONAL PROGRAMS
336.092Â Â Â Â Definitions for ORS 336.092 and 336.095
336.095Â Â Â Â Free kindergarten facilities; rules; admission of underage child
336.107Â Â Â Â Parenting skills and child development course
336.109Â Â Â Â Policy to reduce gang involvement, violent activities and drug abuse
336.113Â Â Â Â Multicultural education; advisory committee
336.116Â Â Â Â Unit of instruction on Irish Famine; model curriculum
336.135Â Â Â Â Classes for employed minors; rules
336.145Â Â Â Â Adult education classes; fees
336.175Â Â Â Â Extended educational experiences
336.176Â Â Â Â Programs to improve student performance and school personnel satisfaction
336.177Â Â Â Â Community service programs guidelines
336.179Â Â Â Â Commitment to excellence in education and citizenship; recognition of students
336.181Â Â Â Â Character development programs
336.183Â Â Â Â Providing programs outside usual classroom hours; rules; fees
Note         Cyber Awareness, Responsibility and Ethics pilot program--2005 c.652 §§1,2
DISCLOSURE OF PERSONAL INFORMATION ABOUT STUDENT
336.187Â Â Â Â When school authorized to disclose information on student; immunity of recipient
ALCOHOL AND DRUG ABUSE PROGRAM
336.222Â Â Â Â District policy and plan; content
336.227Â Â Â Â Duties of Department of Human Services
336.235Â Â Â Â State board rules
336.245Â Â Â Â Reports
DENTAL HEALTH PROGRAM
336.375    “Dental health program” defined
336.390Â Â Â Â Dental health program; district duties; charges; parental consent
336.400Â Â Â Â Report to parent; selection of dentist; certificate of treatment
336.410Â Â Â Â Nonliability for injury from treatment
336.420Â Â Â Â Cooperation and sharing expense
HUMAN SEXUALITY EDUCATION
336.455Â Â Â Â Human sexuality education courses; criteria
336.465Â Â Â Â Examination of instructional material; notice; pupil not required to take course
336.475Â Â Â Â Report to legislature
EXTRACURRICULAR SPORTS
336.479Â Â Â Â Physical examination prior to participation in extracurricular sports; rules
COMMUNITY SCHOOLS
336.505    “Community school program” defined
336.510Â Â Â Â Legislative findings; direction to Department of Education
336.520Â Â Â Â Community school program to provide for advisory involvement; local advisory bodies
336.525Â Â Â Â Program to be operated by district providing elementary or secondary education; exception
RESIDENTIAL PROGRAMS; YOUTH CARE CENTERS; DETENTION FACILITIES
336.575Â Â Â Â Notice and consultation before establishing, expanding or changing residential program
336.580Â Â Â Â Education at youth care centers; rules
336.585Â Â Â Â Education at detention facilities; costs; rules; notification to resident district
ALTERNATIVE EDUCATION PROGRAMS
336.615Â Â Â Â Definition for ORS 336.615 to 336.665
336.625Â Â Â Â Goals; district responsibility; registration; rules
336.631Â Â Â Â Private alternative programs; requirements; applicability of laws; placement of students
336.635Â Â Â Â Enrollment in alternative education program; notice to district; billing; rules; status of teachers
336.637Â Â Â Â Instruction in educational standards required; assessment of students in private alternative education programs
336.640Â Â Â Â Rules governing education for pregnant and parenting students
336.645Â Â Â Â Notification of availability of program; rules
336.655Â Â Â Â District evaluation of program
336.665Â Â Â Â Effect of failure to propose alternative programs
STUDENT TRAFFIC SAFETY EDUCATION
336.790Â Â Â Â Definitions of ORS 336.790 to 336.815
336.795Â Â Â Â Purposes of traffic safety education course
336.800Â Â Â Â School course in traffic safety education
336.805Â Â Â Â Tuition; waiver; costs; reimbursement
336.810Â Â Â Â Student Driver Training Fund
336.815Â Â Â Â Contract with commercial driver training school
     336.005 [1991 c.785 §1; renumbered
329.153 in 1993]
HOLIDAYS; SPECIAL OBSERVANCES; REQUIRED COURSES OF STUDY
     336.010
School month; holidays; teachersÂ’ holiday pay; Saturday instruction. (1)
The common school month consists of 20 days.
     (2) No pupil shall be required to attend school on any Saturday or on any legal school holiday. Except as otherwise specifically provided in this section, a legal school holiday is any holiday specified in ORS 187.010.
     (3) Days on which an election is held throughout the state shall be school holidays only for such schools in which the sole schoolroom is used for election purposes.
     (4) The following days are not school holidays, but a portion of the days shall be set apart and observed in the public schools by appropriate activities:
     (a) Lincoln’s Birthday on February 12.
     (b) Admission of Oregon into the Union on February 14.
     (c) Washington’s Birthday on February 22.
     (d) Columbus Day on October 12.
     (5) On January 15, Martin Luther King, Jr.’s actual date of birth, a portion of the day shall be set apart and observed in the public schools by appropriate activities.
     (6) Martin Luther King, Jr.’s Birthday, designated in ORS 187.010 as the third Monday in January, shall be a legal school holiday. However, notwithstanding subsection (8) of this section, whether or not there shall be compensation of school employees shall be at the discretion of the school board or covered by a collective bargaining agreement.
     (7) Presidents Day, designated in ORS 187.010 as the third Monday in February, is not a legal school holiday.
     (8) No teacher shall be required to teach on any Saturday, except as provided in the terms of the teacher’s employment, or on any legal school holiday. When a holiday occurs on what would otherwise be a school day, teachers shall be allowed full pay for the holiday.
     (9) No subject required for graduation shall be taught on Saturday only. [Amended by 1961 c.226 §1; 1965 c.100 §221; 1981 c.450 §2; 1985 c.518 §3; 1989 c.1027 §1; 1997 c.249 §96]
     336.012
Twelve-month class schedule optional. A district school board may adopt a
class schedule that operates throughout the year for all or any schools in the
district but may not require a student to attend the entire year. [1971 c.395
§1]
     336.015
Arbor Week. (1) The first full week in April shall be known as Arbor Week.
In order that pupils in the public schools shall be made better aware of the
benefits of the preservation and perpetuation of forests and the growing of
timber and of the environment, the district school board shall cause to be
conducted, during school hours, activities which tend to encourage the
planting, protection and preservation of trees and shrubs and a greater
understanding of the environment and means for preserving and improving it.
     (2) The Superintendent of Public Instruction, with the approval of the State Board of Education and with the technical assistance of the State Forester, may prescribe and alter a schedule of activities and instruction to be observed during Arbor Week.
     (3) The State Forester or person in charge of the state tree nurseries may release for use by schools upon application thereof seedlings that would otherwise be destroyed. [Formerly 336.350; 1971 c.83 §1; 1983 c.158 §1]
     336.020
[Amended by 1955 c.384 §1; repealed by 1957 c.612 §18]
     336.023
History of Oregon Statehood Week. (1) The week of May 2 shall be known as
the History of Oregon Statehood Week to commemorate May 2, 1843, as the date
that settlers met at Champoeg to form a provisional government.
     (2) The State Board of Education is encouraged to develop and adopt curriculum to commemorate the formation of the provisional government at Champoeg and the significant events that led to Oregon becoming the 33rd state and to honor the participants in the events.
     (3) The public schools may set aside time during school hours in the week of May 2 to implement the curriculum described in subsection (2) of this section. [1993 c.124 §1]
     336.025
Women in History Week. The second week in March shall be known as Women in
History Week. During school hours in Women in History Week, time shall be set
apart for instruction and appropriate activities in commemoration of the lives,
history and achievements of women in history, including Frances E. Willard and
women in Oregon history. [Formerly 336.370; 1983 c.155 §1]
     336.030
[Amended by 1965 c.100 §142; renumbered 332.107]
     336.035
Required courses of study; supplemental courses; district courses; courses
concerning sexually transmitted diseases. (1) The district school board
shall see that the courses of study prescribed by law and by the rules of the
State Board of Education are carried out. The board may establish supplemental
courses that are not inconsistent with the prescribed courses and may adopt
courses of study in lieu of state courses of study upon approval by the
Superintendent of Public Instruction.
     (2) Any district school board may establish a course of education concerning sexually transmitted diseases including recognition of causes, sources and symptoms, and the availability of diagnostic and treatment centers. Any such course established may be taught to adults from the community served by the individual schools as well as to students enrolled in the school. The board shall cause the parents or guardians of minor students to be notified in advance that the course is to be taught. Any such parent or guardian may direct in writing that the minor child in the care of the parent or guardian be excused from any class within the course. Any parent or guardian may inspect the instructional materials to be used before or during the time the course is taught.
     (3) The district school board shall coordinate the course provided in subsection (2) of this section with the officials of the local health department and the Superintendent of Public Instruction. Teachers holding endorsements for health education shall be used where available. No teacher shall be subject to discipline or removal for teaching or refusing to teach courses concerning sexually transmitted diseases. [Formerly 336.225; 1967 c.67 §26; 1967 c.200 §6; 1973 c.565 §1; 1993 c.45 §74; 2005 c.209 §21]
     336.040
[Repealed by 1965 c.100 §456]
     336.045
[Formerly 332.100; renumbered 336.630 and then 339.875 in 1993]
     336.050
[Repealed by 1965 c.100 §456]
     336.055
[Formerly 332.200; 1965 c.100 §229; renumbered 336.105]
     336.057
Courses in Constitution and history of United States. In all public schools
courses of instruction shall be given in the Constitution of the United States
and in the history of the United States. These courses shall:
     (1) Begin not later than the opening of the eighth grade and shall continue in grades 9 through 12.
     (2) Be required in all state institutions of higher education, except the Oregon Health and Science University, and in all state and local institutions that provide education for patients or inmates to an extent to be determined by the Superintendent of Public Instruction. [Formerly 336.230; 1977 c.226 §1; 1999 c.1023 §1]
     336.060
[Amended by 1965 c.100 §230; renumbered 336.115]
     336.065
[1961 c.717 §2; 1963 c.235 §1; 1965 c.100 §235; renumbered 336.165 and then
339.141 in 1993]
     336.067
Instruction in ethics and morality. (1) In public schools special emphasis
shall be given to instruction in:
     (a) Honesty, morality, courtesy, obedience to law, respect for the national flag, the Constitution of the United States and the Constitution of the State of Oregon, respect for parents and the home, the dignity and necessity of honest labor and other lessons that tend to promote and develop an upright and desirable citizenry.
     (b) Respect for all humans, regardless of race, color, creed, national origin, religion, age, sex or disability.
     (c) Acknowledgment of the dignity and worth of individuals and groups and their participative roles in society.
     (d) Humane treatment of animals.
     (e) The effects of tobacco, alcohol, drugs and controlled substances upon the human system.
     (2) The Superintendent of Public Instruction shall prepare an outline with suggestions that will best accomplish the purpose of this section, and shall incorporate the outline in the courses of study for all public schools. [Formerly 336.240; 1975 c.531 §1; 1979 c.744 §13; 1993 c.45 §75; 2005 c.209 §22]
     336.070
[Amended by 1961 c.717 §1; repealed by 1965 c.100 §456]
     336.071
Emergency drills and instruction; maintenance of exit doors. (1) All
schools are required to instruct and drill students on emergency procedures so
that the students may respond to an emergency without confusion or panic. The
emergency procedures shall include drills and instruction on fires and
earthquakes. In addition, schools that are in a coastal zone shall include
tsunami drills and instruction as part of the earthquake drills and
instruction.
     (2)(a) Drills and instruction on fire emergencies shall include routes and methods of exiting the school building.
     (b) Drills and instruction on earthquake emergencies shall include methods of “duck, cover and hold” during the earthquake. Drills and instruction on tsunami emergencies shall include immediate evacuation after an earthquake when appropriate or after a tsunami warning to protect students against inundation by tsunamis.
     (3) At least 30 minutes in each school month shall be used to instruct students on fire, earthquake, and where appropriate, tsunami dangers and drills. At least two drills on earthquakes shall be conducted each year. In schools in a coastal zone, at least three drills on earthquakes and tsunamis shall be conducted each year.
     (4) All schools shall maintain all exit doors so that the doors can be opened from the inside without a key during school hours.
     (5) Units of local government and state agencies associated with emergency procedures training and planning shall assist schools in the instruction and drilling of students in emergency procedures.
     (6) As used in this section, “school” means any:
     (a) Kindergarten through grade eight public or private school; or
     (b) Educational institution having an average daily attendance of 50 or more students. [1995 c.312 §2 (enacted in lieu of 336.072); 1997 c.521 §9]
     336.072
[Formerly 336.340; 1991 c.956 §13; 1993 c.45 §76; repealed by 1995 c.312 §1
(336.071 enacted in lieu of 336.072)]
     336.073
[Formerly 332.360; repealed by 1965 c.100 §456]
     336.074
Teaching in English required; exceptions. Instruction in all subjects in
public, private and parochial schools shall be conducted primarily in English,
except:
     (1) Instruction in foreign languages.
     (2) Instruction may be conducted in more than one language in order that pupils whose native language is other than English can develop bilingual skills to make an early and effective transition to English and benefit from increased educational opportunities. [1971 c.326 §2]
     336.075
[1955 c.103 §§1, 3; repealed by 1965 c.100 §456]
     336.077
[1963 c.570 §11; repealed by 1965 c.100 §456]
     336.078
[Formerly 336.270; repealed by 1971 c.326 §1]
     336.079
Special English courses for certain children. Specific courses to teach
speaking, reading and writing of the English language shall be provided at
kindergarten and each grade level to those children who are unable to profit
from classes taught in English. Such courses shall be taught to such a level in
school as may be required until children are able to profit from classes
conducted in English. [1971 c.326 §3; 1993 c.45 §77]
     336.080
[Repealed by 1965 c.100 §456]
     336.081
Opportunity to qualify to assist non-English-speaking students. (1) All
school districts providing courses pursuant to ORS 336.079 shall afford the
licensed personnel of that district that are assigned to perform teaching
duties for such courses an opportunity to qualify to assist
non-English-speaking students to learn English at no cost to the personnel.
     (2) Nothing in this section prevents a district from employing licensed personnel who are qualified to teach courses under ORS 336.079. [Formerly 342.609]
     336.082
Development of nondiscriminatory curriculum. (1) The State Board of
Education shall encourage the development and implementation of curriculum for
public elementary and secondary schools in Oregon that will improve
instructional effectiveness or efficiency and that does not discriminate.
     (2) The State Board of Education shall stimulate the development of nondiscriminatory courses of study or parts of courses to improve instructional effectiveness or efficiency in public elementary and secondary schools in Oregon. The board may direct the Department of Education or contract with appropriate public educational agencies to develop program materials and to establish a mechanism for the purpose of introducing the materials and implementing the techniques.
     (3) As used in subsection (1) of this section, “discriminate” has the meaning given “discrimination” in ORS 659.850. [1975 c.423 §§1, 2; 1989 c.491 §23; 1993 c.45 §78]
     336.085
[Formerly 332.140; repealed by 1965 c.100 §456]
     336.086
Standards for curriculum described in ORS 336.082. The projects authorized
by ORS 336.082 should be designed to:
     (1) Develop and test nondiscriminatory courses of study or parts of courses which feature predictable student achievement of prestated student performance objectives.
     (2) Stimulate the implementation of innovative approaches to instruction within the various schools, providing training programs as necessary to familiarize faculty and administrators with newly developed instructional methodology.
     (3) Be capable of objective evaluation within two years of commencement. [1975 c.423 §3]
     336.088
Conflict resolution program; adoption discretionary. (1) The Department of
Education shall prepare and make available to the educational community a
comprehensive educational program affecting appropriate parts of the
curriculum, to:
     (a) Improve dispute and conflict resolution skills and encourage creative problem solving;
     (b) Provide understanding of other cultures and the roots and nature of conflict between cultures;
     (c) Communicate insight into how attitudes are formed and decisions are made; and
     (d) Present to students, as is appropriate to their ages, a balanced discussion of the following topics:
     (A) The history of the arms race;
     (B) The short, intermediate and long-term dangers of the use of modern weapons of mass destruction;
     (C) The changing nature of armed conflict; and
     (D) The effect of the arms race on national and local economies.
     (2) A school district may adopt or modify and implement the educational program described in subsection (1) of this section at the district’s discretion. [1987 c.417 §§1, 2; 1993 c.45 §79; 1995 c.79 §182]
     336.090
[Repealed by 1965 c.100 §456]
ADDITIONAL PROGRAMS
     336.092
Definitions for ORS 336.092 and 336.095. As used in ORS 336.092 and
336.095, unless the context requires otherwise:
     (1) “Kindergarten child” means a child five years of age or whose fifth birthday occurs on or before September 1 or who has been admitted by the district school board under ORS 336.095 (2).
     (2) “Kindergarten facilities” includes physical facilities, supplies, equipment and personnel suitable for the education and training of kindergarten children.
     (3) “Physical facilities” includes but is not limited to public school buildings, rented buildings which meet health and safety standards or homes used in school district sponsored programs. [1973 c.707 §2; 1987 c.283 §1; 1993 c.45 §80]
     336.095
Free kindergarten facilities; rules; admission of underage child. (1) The
district school board of every common school district shall provide
kindergarten facilities free of charge for the kindergarten children residing
in the district by operating such facilities either singly or jointly with
other districts or by contracting with public or private providers that conform
to standards adopted by rule by the State Board of Education.
     (2) However, nothing in this section prevents a district school board from admitting free of charge a child who is a resident of the district and whose needs for cognitive, social and physical development would best be met in the school program, as defined by policies of the district school board, even though the child has not attained the minimum age requirement.
     (3) Kindergartens established under subsection (1) of this section shall be funded in the same manner as other schools of the district are funded.
     (4) Kindergartens are an integral part of the public school system of this state. [1973 c.707 §3; 1981 c.543 §1; 1993 c.45 §81; 2005 c.22 §232]
     336.100
[Repealed by 1965 c.100 §456]
     336.105
[Formerly 336.055; repealed by 1973 c.707 §7 and 1973 c.750 §13]
     336.107
Parenting skills and child development course. A district school board is
encouraged to develop a course of study to instruct high school students on
parental skills and child development. [1993 c.257 §1]
     336.109
Policy to reduce gang involvement, violent activities and drug abuse. (1)
After consultation with appropriate agencies and officials including the
Department of Education, each school district is encouraged to develop and
adopt a comprehensive policy to reduce gang involvement, violent activities and
drug abuse by public school students in the school district, including but not
limited to:
     (a) A statement that evaluates:
     (A) The nature and extent of gang involvement, violent activities and drug abuse by public school students of the school district; and
     (B) The impact of gang involvement, violent activities and drug abuse on the ability of public schools in the school district to meet curriculum requirements and improve the attendance of public school students.
     (b) A statement that emphasizes the need to reduce gang involvement, violent activities and drug abuse by public school students.
     (c) Strategies to reduce gang involvement, violent activities and drug abuse by students of the school district considering the needs of the public school students.
     (d) Methods to communicate conflict resolution skills to the teachers and public school students of the school district.
     (e) Strategies to inform the teachers of the school district, the parents of public school students and the public about the policy the school district developed pursuant to this section.
     (2) As used in this section, “gang” means a group that identifies itself through the use of a name, unique appearance or language, including hand signs, the claiming of geographical territory or the espousing of a distinctive belief system that frequently results in criminal activity. [1993 c.421 §1]
     336.110
[Repealed by 1965 c.100 §456]
     336.113
Multicultural education; advisory committee. (1) The Superintendent of
Public Instruction shall direct the Department of Education to increase efforts
to:
     (a) Evaluate the distribution of ethnic, racial and cultural backgrounds of the public school students of Oregon and the use of demographic data by school districts for curricula and program planning as reflected in school districts’ consolidated improvement plans;
     (b) Examine strategies to inform school district boards, school administrators, teachers, parents of students and the public about multicultural and diversity laws and policies;
     (c) Identify and review exemplary multicultural curricula for different grade levels based on the needs of Oregon’s public school students;
     (d) Identify and review strategies to integrate a multicultural education program with other education programs of school districts; and
     (e) Evaluate how current laws on diversity and multicultural education are being implemented and applied at the state and school district levels.
     (2) The superintendent shall:
     (a) Seek federal and other funds to develop and implement multicultural education;
     (b) Seek federal and other funds to provide funding and technical support for school districts to develop and implement multicultural curricula and educational programs; and
     (c) Report to the State Board of Education on the funds available, the success in obtaining funds, the plans to develop and implement multicultural education and the development of a system for evaluation.
     (3) The superintendent may appoint an advisory committee to accomplish the requirements of this section. The superintendent and the advisory committee shall seek and incorporate input from the business community, educators and minority representatives that reflect the demographics and geographic regions of this state. [1999 c.1042 §1]
     336.115
[Formerly 336.060; 1971 c.190 §1; repealed by 1987 c.194 §1]
     336.116
Unit of instruction on Irish Famine; model curriculum. (1) Every public
kindergarten through grade 12 school may include in its curriculum a unit of
instruction on the causes and effects of mass starvation in mid-19th century
Ireland. This historical period is known as the “Irish Famine.”
     (2) The Department of Education shall prepare and make available to all school district boards a model curriculum that may be used as a guideline for developing units of instruction under this section. [1999 c.516 §1]
     336.120
[Repealed by 1965 c.100 §456]
     336.125
[Formerly 336.285; repealed by 1993 c.45 §82]
     336.130
[Repealed by 1965 c.100 §456]
     336.135
Classes for employed minors; rules. (1) The district school board of any
school district in which reside or are employed, or both, at least 15 employed
children between the ages of 14 and 18 years shall, and any district school
board may, provide classes for such employed children.
     (2) The State Board of Education shall adopt rules governing the organization and administration of classes and shall expend from the funds available for the promotion of professional technical education such sums of money as are necessary for the classes. [1965 c.100 §232; 1993 c.45 §83]
     336.140
[Repealed by 1965 c.100 §456]
     336.145
Adult education classes; fees. (1) Any district school board may provide
for the establishment of classes for adult education. The board may employ
personnel for the purpose of establishing and maintaining classes for adults on
the fundamental principles of democratic government, English language,
citizenship, public affairs, arts and crafts, general cultural subjects, adult
recreation and other subjects that the State Board of Education may authorize.
The classes shall be conducted in the English language, except as the needs for
teaching a foreign language may require otherwise.
     (2) The district school board may establish a fee schedule for the classes and collect fees from persons enrolled in the adult education program of the district. The fees shall be used for the support or encouragement of adult education.
     (3) The classes shall be subject to the rules of the district school board, shall be organized to meet the needs of the adults in the district and, as far as practicable, shall be held at times and places that are most convenient and accessible to the members of the classes. [1965 c.100 §233; 1967 c.67 §6; 2005 c.209 §23]
     336.150
[Repealed by 1965 c.100 §456]
     336.155
[1965 c.100 §234; 1971 c.513 §87; repealed by 1989 c.216 §1]
     336.157
[1991 c.693 §24; renumbered 329.860 in 1993]
     336.160
[Repealed by 1965 c.100 §456]
     336.165
[Formerly 336.065; 1977 c.815 §1; 1993 c.45 §86; 1993 c.748 §1; renumbered
339.141 in 1993]
     336.168
[1975 c.508 §2; 1977 c.815 §2; 1993 c.45 §87; 1993 c.676 §49; renumbered
339.147 in 1993]
     336.170
[Repealed by 1965 c.100 §456]
     336.175
Extended educational experiences. In addition to regular courses of study,
any district school board may make available to its students extended
educational experiences through public and private community agencies when such
experiences can be provided by the agencies more appropriately or at a lesser
cost than by the school district. Programs under this section may include but
are not limited to work experience programs conducted on a contractual basis
with individual employers or employer groups. [1967 c.200 §4]
     336.176
Programs to improve student performance and school personnel satisfaction.
School districts are encouraged to implement programs to improve student
performance and school personnel satisfaction such as the Initiative for
Quality in Education developed by Portland General Electric. The programs shall
allow schools to achieve their individual and unique goals as reflected by
their local communities, as well as the broader objectives embodied in
statewide education goals. [2001 c.959 §1]
     336.177
Community service programs guidelines. (1) Subject to the approval of the
State Board of Education, the Department of Education shall develop curriculum
guidelines for community service programs and make such guidelines available
for use in school districts. The guidelines shall:
     (a) Encourage students to develop an ethic of helping others through voluntary efforts.
     (b) Demonstrate the reciprocal benefits and obligations of citizenship.
     (c) Incorporate community service practicums.
     (d) Provide students with opportunities to prepare for and reflect upon their service experience.
     (2) The guidelines developed under subsection (1) of this section shall:
     (a) Be structured to encourage school districts to give credit to those students who perform community service.
     (b) Prohibit school-sponsored student involvement in advocacy organizations or political groups.
     (3) On an annual basis, the Department of Education shall review and report to the State Board of Education on the status of community service education programs operating throughout the state. [1989 c.663 §§1,2]
     336.179
Commitment to excellence in education and citizenship; recognition of students.
(1) It is state policy for all school districts to foster an atmosphere of
student commitment to excellence in education, recognizing excellence in
academics and excellence in citizenship.
     (2) Each school district shall determine the activities necessary to qualify for special recognition of student achievement.
     (3) In implementing the state policy, and after consultation with the student body, an elementary or secondary school shall offer special recognition as appropriate. Special recognition may include, but need not be limited to:
     (a) Reduced admission to athletic events;
     (b) Discount on school yearbook;
     (c) Discount on student store merchandise;
     (d) Free or discounted school parking permits;
     (e) Free or discounted tickets to student events;
     (f) Exemption from a limited number of semester finals;
     (g) Academic “Pride” insignia;
     (h) Early registration privileges;
     (i) Local merchant discounts where available to the district; and
     (j) Free membership in school organizations. [1991 c.344 §1; 2005 c.209 §24]
     336.180
[Repealed by 1965 c.100 §456]
     336.181
Character development programs. (1) Each school district is encouraged to
use in the schools of the district that educate students in kindergarten
through grade six:
     (a) The Character First! Education Series published by the Character Training Institute in Oklahoma City, Oklahoma, as it exists on August 17, 1999; or
     (b) A similar program on character development.
     (2) Any character development program adopted under this section shall be secular in nature. [1999 c.961 §2]
     336.183
Providing programs outside usual classroom hours; rules; fees. Any district
school board may contract for or operate programs providing activities before
and after usual classroom hours for school-age children residing in the
district. Such programs may be supervised by persons other than persons holding
teaching licenses. The district school board shall establish rules of
eligibility for participation in such programs and may collect fees for
participation therein. The fees shall be used for the support of the programs.
[1981 c.74 §1]
     Note:
Sections 1 and 2, chapter 652, Oregon Laws 2005, provide:
     Sec.
1. Cyber Awareness, Responsibility and Ethics pilot program. (1) The City
of Hillsboro may establish for the 2005-2006 and 2006-2007 school years the
pilot program of Cyber Awareness, Responsibility and Ethics (CARE).
     (2) If the City of Hillsboro establishes the pilot program:
     (a) The goal of the pilot program is to help students who are 8 to 10 years of age become safe and responsible citizens of the cyber community. To meet this goal, the City of Hillsboro through the pilot program shall encourage:
     (A) Partnerships between school districts and local law enforcement agencies to have members of local law enforcement agencies act as mentors and provide focus, oversight and guidance in the classroom; and
     (B) Peer teaching among students.
     (b) A school district may notify the City of Hillsboro that the school district would like to participate in the pilot program. A notice provided by a school district under this subsection must include the following information:
     (A) How the school district will implement the pilot program;
     (B) How the activities of the school district under the pilot program will help the school district implement the Children’s Internet Protection Act (P.L. 106-554);
     (C) How the school district will encourage students to participate in the pilot program; and
     (D) Which local law enforcement agencies will form partnerships with the school district.
     (c) After receiving notice from a school district under paragraph (b) of this subsection, the City of Hillsboro may provide information to the school district about instructional materials that may be used in conjunction with the pilot program.
     (d) At the end of the 2005-2006 school year, each school district participating in the pilot program shall report to the City of Hillsboro on the progress of the pilot program. The report shall include:
     (A) The number of students participating in the pilot program;
     (B) The local law enforcement agencies that formed a partnership with the school district; and
     (C) An assessment of student attitudes toward the cyber community.
     (e) Prior to February 1, 2007, the City of Hillsboro shall report to the Seventy-fourth Legislative Assembly on the results of the pilot program. [2005 c.652 §1]
     Sec.
2. Section 1 of this 2005 Act is repealed on January 2, 2008. [2005 c.652
§2]
     336.185
[1971 c.512 §1; 1979 c.274 §1; 1981 c.892 §93; repealed by 1993 c.806 §1
(326.565, 326.575 and 336.187 enacted in lieu of 336.185)]
DISCLOSURE OF PERSONAL INFORMATION ABOUT STUDENT
     336.187
When school authorized to disclose information on student; immunity of
recipient. (1) A public school or school district shall disclose personally
identifiable information or other information allowed to be disclosed by the
federal Family Educational Rights and Privacy Act from an education record of a
student to:
     (a) Law enforcement, child protective services and health care professionals in connection with a health or safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals; and
     (b) Courts and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies. Disclosure under this paragraph must relate to the court’s or juvenile justice agency’s ability to serve the needs of a student prior to the student’s adjudication under ORS chapter 419C. A person to whom personally identifiable information is disclosed under this paragraph shall certify, in writing, that the person will not disclose the information to a third party other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency.
     (2) As used in this section, a “health or safety emergency” includes, but is not limited to, law enforcement efforts to locate a child who may be a victim of kidnap, abduction or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect pursuant to ORS 419B.005 to 419B.050.
     (3) A person who receives information under this section is not liable civilly or criminally for failing to disclose the information. [1993 c.806 §9 (326.565, 326.575 and 336.187 enacted in lieu of 336.185, 336.195 and 336.215); 1995 c.79 §183; 1999 c.620 §7]
     336.190
[Repealed by 1955 c.290 §1]
     336.195
[1971 c.512 §2; 1973 c.827 §30; 1979 c.274 §2; repealed by 1993 c.806 §1
(326.565, 326.575 and 336.187 enacted in lieu of 336.195)]
     336.200
[Repealed by 1955 c.290 §1]
     336.205
[1971 c.512 §5; repealed by 1979 c.274 §4]
     336.210
[Repealed by 1955 c.290 §1]
     336.215
[1971 c.512 §3; 1975 c.557 §11; 1979 c.274 §3; 1993 c.45 §89; repealed by 1993
c.806 §1 (326.565, 326.575 and 336.187 enacted in lieu of 336.215)]
     336.220
[Amended by 1953 c.561 §2; repealed by 1955 c.290 §1]
ALCOHOL AND DRUG ABUSE PROGRAM
     336.222
District policy and plan; content. In accordance with rules adopted by the
State Board of Education in consultation with the Department of Human Services,
each district school board shall adopt a comprehensive alcohol and drug abuse
policy and implementation plan, including but not limited to:
     (1) Alcohol and drug abuse prevention curriculum and public information programs addressing students, parents, teachers, administrators and school board members;
     (2) The nature and extent of the district’s expectation of intervention with students who appear to have drug or alcohol abuse problems;
     (3) The extent of the district’s alcohol and other drug prevention and intervention programs; and
     (4) The district’s strategy to gain access to federal funds available for drug abuse prevention programs. [1989 c.1076 §1]
     336.225
[Formerly 332.340; 1965 c.100 §224; renumbered 336.035]
     336.227
Duties of Department of Human Services. To assist school districts to
formulate the programs described in ORS 336.222 (1), the Department of Human
Services shall:
     (1) Devise a public information program directed toward students, parents, teachers, administrators and school board members at the school district level; and
     (2) Contact advocacy associations of the target groups described in subsection (1) of this section to facilitate outreach programs and disseminate alcohol and drug abuse prevention information. [1989 c.1076 §2]
     336.230
[Amended by 1965 c.100 §225; renumbered 336.057]
     336.235
State board rules. In order to carry out the duties described in ORS
336.222 and 336.227, the State Board of Education, in consultation with the
Department of Human Services, shall adopt by rule, as a minimum, descriptions
of the content of what shall be included in the policy and plan described in
ORS 336.222 and 336.227. [1989 c.1076 §4]
     336.240
[Amended by 1957 c.149 §1; 1965 c.100 §226; renumbered 336.067]
     336.245
Reports. The Department of Education, the Oregon University System and the
Department of Human Services shall report to regular sessions of the
Legislative Assembly and to the Governor on the progress and effectiveness of
the policies and plans described in ORS 336.222, 336.227 and 352.008 by
submitting a copy of the report to the offices of the President of the Senate
and the Speaker of the House of Representatives and to the Governor. [1989
c.1076 §6; 1993 c.45 §90]
     336.250
[Repealed by 1957 c.149 §2]
     336.260
[Repealed by 1965 c.100 §456]
     336.270
[Amended by 1965 c.100 §228; renumbered 336.078]
     336.280
[Repealed by 1963 c.544 §52]
     336.285
[Formerly 332.350; 1965 c.100 §231; renumbered 336.125]
     336.290
[Repealed by 1963 c.544 §52]
     336.300
[Repealed by 1963 c.544 §52]
     336.310
[Repealed by 1963 c.544 §52]
     336.320
[Repealed by 1963 c.544 §52]
     336.330
[Repealed by 1963 c.544 §52]
     336.340
[Amended by 1965 c.100 §227; renumbered 336.072]
     336.350
[Amended by 1963 c.452 §1; 1965 c.100 §222; renumbered 336.015]
     336.360
[Repealed by 1965 c.100 §456]
     336.370
[Amended by 1965 c.100 §223; renumbered 336.025]
DENTAL HEALTH PROGRAM
     336.375
“Dental health program” defined. As used in ORS 336.375 to 336.420, “dental
health program” means a program whereby a dental examination is made at least
once each school year of each pupil attending school in the district at the
time of the examination and whereby dental treatment may be provided, subject
to the rules of the district school board. [1965 c.100 §237]
     336.380
[Amended by 1965 c.100 §238; repealed by 1993 c.45 §91]
     336.390
Dental health program; district duties; charges; parental consent. (1) A
district school board may conduct a dental health program.
     (2) A district school board which conducts a dental health program may furnish necessary instruments and equipment and provide suitable quarters in which either dental examination or treatment may be made.
     (3) The dental examination and treatment shall be scientific, sanitary and efficient, and may be furnished by the district school board free of expense to the minor pupils whose parents or guardians are unable to pay therefor and to the pupils who have attained the age of majority who are unable to pay therefor. Any charges made by the board for the dental examination and treatment shall be fair and reasonable.
     (4) No minor pupil shall be required or permitted to receive a dental examination or treatment without the written consent of the parents or guardian of the minor pupil. No pupil who has attained the age of majority shall be required to receive a dental examination or treatment. [Amended by 1965 c.100 §239; 1973 c.827 §31; 1993 c.45 §92]
     336.400
Report to parent; selection of dentist; certificate of treatment. The
result of the dental examination shall be reported in writing to the parent or
guardian of any pupil who, in the opinion of the person making the examination,
requires dental treatment. If, after receiving the report, the parent or
guardian elects to have the recommended treatment performed by a dentist of the
parent or guardianÂ’s own choosing, that dentist shall supply a certificate
attesting that the treatment was performed in accordance with the report from
the dental health program. The content of the certificate shall be recorded by
the board. [Amended by 1965 c.100 §240]
     336.410
Nonliability for injury from treatment. No school district shall be liable
to any pupil, or to the parents or guardian of any pupil, for or on account of
any claim for damage on account of any action by any person in connection with
the district’s dental health program. [Amended by 1965 c.100 §241]
     336.420
Cooperation and sharing expense. Any district school board which conducts a
dental health program may cooperate with and share the expense of dental
examination and treatment with any other organization or individuals. [Amended
by 1965 c.100 §242]
     336.430
[Renumbered 336.620 and then 339.880 in 1993]
     336.435
[1991 c.693 §19a; 1993 c.45 §94; 1993 c.676 §52; renumbered 329.237 in 1993]
     336.437
[1991 c.693 §19c; renumbered 329.245 in 1993]
     336.440
[Amended by 1965 c.100 §247; renumbered 336.610 and then 339.885 in 1993]
     336.450
[1961 c.575 §1; 1965 c.100 §243; 1981 c.22 §1; 1983 c.338 §913; renumbered
339.650 in 1993]
HUMAN SEXUALITY EDUCATION
     336.455
Human sexuality education courses; criteria. (1) Course material and
instruction for all human sexuality education courses that discuss human
sexuality in public elementary and secondary schools shall enhance studentsÂ’
understanding of sexuality as a normal and healthy aspect of human development.
Course instruction shall be appropriate for the age of the pupils and satisfy
the following criteria:
     (a) Be comprehensive.
     (b) As an integral part of the health education curriculum, include information about responsible sexual behaviors and hygienic practices that eliminate or reduce the risks of pregnancy, exposure to human immunodeficiency virus, hepatitis B and other infectious or sexually transmitted diseases and shall be designed to allay those fears concerning the risks that are scientifically groundless.
     (c) Promote abstinence for school-age youth and mutually monogamous relationships with an uninfected partner for adults as the safest and most responsible sexual behavior. However, abstinence shall not be taught to the exclusion of other material and instruction on contraceptive and disease reduction measures. Human sexuality education courses shall acknowledge the value of abstinence while not devaluing or ignoring those young people who have had or are having sexual intercourse.
     (d) Include a discussion of the possible emotional, physical and psychological consequences of preadolescent and adolescent sexual intercourse and the emotional, physical and psychological consequences of unintended pregnancy. Pupils shall be provided with statistics based on the latest medical information regarding both the possible side effects and health benefits of all forms of contraceptives, including the success and failure rates for prevention of pregnancy.
     (e) Stress that sexually transmitted diseases are serious possible hazards of sexual contact. Pupils shall be provided with statistics based on the latest medical information regarding the efficacy of contraceptives in preventing human immunodeficiency virus infection and other sexually transmitted diseases.
     (f) Advise pupils of the laws pertaining to their financial responsibility for their children.
     (g) Advise pupils of the circumstances in which it is unlawful under ORS 163.435 and 163.445 for persons 18 years of age or older to have sexual relations with persons younger than 18 years of age to whom they are not married.
     (h) Teach that no form of sexual expression is acceptable when it physically or emotionally harms oneself or others and teach pupils not to make unwanted physical and verbal sexual advances, how to decline unwanted sexual advances or accept the refusal of unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of or to exploit another person. Materials and information shall be presented in a manner sensitive to the fact that there are students who have experienced sexual abuse.
     (i) Validate through course material and instruction the importance of honesty with oneself and others, respect for each person’s dignity and well-being, and responsibility for one’s actions.
     (j) Assist students in the development and practice of effective communication skills, the development of self-esteem and the ability to resist peer pressure.
     (k) Encourage family communication and involvement and help students learn to make responsible decisions.
     (2) Any course in any public elementary and secondary school, the main purpose of which is to teach human sexuality education or human immunodeficiency virus education, or both, shall emphasize that abstinence from sexual contact is the only method that is 100 percent effective against unintended pregnancy, sexually transmitted diseases and human immunodeficiency virus when transmitted sexually. Abstinence is to be stressed, but not to the exclusion of other material and instruction on contraceptive and disease reduction measures. Such courses are to acknowledge the value of abstinence while not devaluing or ignoring those young people who have had or are having sexual intercourse.
     (3) Nothing in this section prohibits instruction in sanitation, hygiene or traditional courses in biology. [1993 c.775 §1]
     336.460
[1961 c.575 §3; 1965 c.100 §244; renumbered 339.655 in 1993]
     336.465
Examination of instructional material; notice; pupil not required to take
course. (1) Each school district shall:
     (a) Give parents, guardians and district residents an opportunity to examine the instructional materials to be used in any class, course, assembly or school-sponsored activity.
     (b) Inform parents or guardians in advance of any instruction on human sexuality or human immunodeficiency virus and give them an opportunity to review materials. At the same time, parents or guardians shall be informed that no pupil shall be required to take or participate in any instruction on human sexuality or human immunodeficiency virus if the pupil’s parent or guardian, after having reviewed the materials, submits written objection to the school district.
     (2) Refusal to take or participate in any class, course, assembly or school-sponsored activity on human sexuality or human immunodeficiency virus shall not be reason for harassment, suspension or expulsion of the pupil. [1993 c.775 §2]
     336.470
[1961 c.575 §2; 1965 c.100 §245; 1971 c.189 §1; 1981 c.22 §2; 1983 c.338 §914;
1989 c.491 §24; 1993 c.741 §33; renumbered 339.660 in 1993]
     336.475
Report to legislature. The Department of Education shall report to the
Legislative Assembly at each regular session on the implementation of courses
on family life, human immunodeficiency virus and human sexuality. The report
shall be based on the data in the school districtsÂ’ annual assurance reports.
[1993 c.775 §3]
EXTRACURRICULAR SPORTS
     336.479
Physical examination prior to participation in extracurricular sports; rules.
(1) As used in this section, “participation” means participation in sports
practices and actual interscholastic sports competition.
     (2) Each school district shall require students who participate in extracurricular sports in grades 7 through 12 in the schools of the district to have a physical examination prior to participation. A person conducting the physical examination shall use a form and protocol prescribed by rule of the State Board of Education pursuant to subsection (6) of this section.
     (3) A school district shall require students who continue to participate in extracurricular sports in grades 7 through 12 to have a physical examination once every two years.
     (4) Notwithstanding subsection (3) of this section, a school district shall require a student who is diagnosed with a significant illness or has had a major surgery to have a physical examination prior to further participation in extracurricular sports.
     (5) Any physical examination required by this section shall be conducted by a:
     (a) Physician possessing an unrestricted license to practice medicine;
     (b) Licensed naturopathic physician;
     (c) Licensed physician assistant;
     (d) Certified nurse practitioner; or
     (e) Licensed chiropractic physician who has clinical training and experience in detecting cardiopulmonary diseases and defects.
     (6) The State Board of Education shall by rule prescribe the form and protocol to be used for physical examinations required by this section. The board shall consult with a voluntary organization approved by the State Board of Education under ORS 339.430 in adopting rules under this section. [2001 c.486 §1; 2003 c.323 §1]
     336.480
[1961 c.575 §4; 1965 c.100 §246; 1971 c.189 §2; renumbered 339.665 in 1993]
     336.500
[1961 c.364 §§1,2,3; 1965 c.100 §157; renumbered 332.470]
COMMUNITY SCHOOLS
     336.505
“Community school program” defined. As used in ORS 336.505 to 336.525,
unless the context requires otherwise “community school program” means a
program that fosters citizen involvement and provides educational,
recreational, cultural and related services to the community. [1981 c.259 §1]
     336.510
Legislative findings; direction to Department of Education. The Legislative
Assembly finds that the community school is an expression of the philosophy
that the local school is most effective when it involves the people of that
community in programs designed to fulfill their needs and interests while
increasing the communityÂ’s use of personnel, buildings, equipment and other
public educational resources. Accordingly, the Department of Education is
directed to:
     (1) Provide state leadership for community school development;
     (2) Assist in the establishment, maintenance and expansion of community schools;
     (3) Serve as the state administrative agency for federal community school funding; and
     (4) Foster coordination of community school services provided by local schools, community colleges, education service districts, community college service districts and other public and private agencies to avoid unnecessary duplication. [1981 c.259 §2]
     336.515
[1981 c.259 §3; 1989 c.491 §25; repealed by 1993 c.742 §32]
     336.520
Community school program to provide for advisory involvement; local advisory
bodies. (1) The community school program shall provide for the active and
continuous involvement on an advisory basis of institutions, groups and
individuals in the community to be served by the program and the active and
continuous involvement of local residents in the planning, development and
operation of those programs and services deemed appropriate for their
community.
     (2) Local advisory bodies shall review needs, establish local goals and objectives, recommend priorities, identify available resources, promote programs, study progress, encourage interagency cooperation, suggest financing and evaluation methods and make recommendations to district school boards and local administrators. [1981 c.259 §4]
     336.525
Program to be operated by district providing elementary or secondary education;
exception. In a community which chooses to operate a community school
program, the program shall be operated by a school district that provides
elementary or secondary education. However, if a school district has no
community school program, it may consent in writing for the formulation and
operation of a community school program by a community college or community
college service district or an education service district or a municipal
government or a parks and recreation district, or any combination thereof.
[1981 c.259 §5]
     336.530
[1989 c.840 §1; 1993 c.45 §97; renumbered 329.535 in 1993]
     336.535
[1989 c.840 §2; renumbered 329.545 in 1993]
     336.540
[1989 c.840 §3; 1993 c.45 §98; renumbered 329.555 in 1993]
     336.545
[1989 c.840 §4; renumbered 329.565 in 1993]
     336.550
[1989 c.840 §5; renumbered 329.570 in 1993]
     336.555
[1989 c.840 §6; renumbered 329.575 in 1993]
     336.557
[1991 c.693 §12; 1993 c.45 §99; renumbered 329.585 in 1993]
     336.560
[1989 c.840 §7; 1993 c.45 §100; renumbered 329.595 in 1993]
     336.565
[1989 c.840 §8; renumbered 329.600 in 1993]
     336.570
[1989 c.840 §9; renumbered 329.605 in 1993]
RESIDENTIAL PROGRAMS; YOUTH CARE CENTERS; DETENTION FACILITIES
     336.575
Notice and consultation before establishing, expanding or changing residential
program. (1) Prior to establishing or expanding a residential program
authorized to provide care to five or more children or changing the type of
educational services provided or the category of children being served by the
residential program in any school district, the authorities of the agency
establishing or altering such a program shall notify in writing and confer with
the superintendent or the district school board of any substantially affected
district to determine the impact of the additional children and services upon
the facilities and program of the district.
     (2) The notification required by subsection (1) of this section must occur at least three months prior to the establishment or expansion of the residential program or prior to the time when the type of educational services or category of children changes. The three-month period, or any part of it, may be waived by agreement of the agency and the affected school district.
     (3) This section does not apply to temporary changes in, or expansion of, residential programs of less than 30 days’ duration that result from meeting emergency needs of children. [Formerly 339.175]
     336.580
Education at youth care centers; rules. (1) Every child at a youth care
center, as defined in ORS 420.855, which is operated by a private agency, is
entitled to receive appropriate education suited to the needs of the child in
the least restrictive environment in which the child can function until the
child is no longer of compulsory school age or receives a high school diploma
or an equivalent.
     (2) The school district in which the youth care center is located shall develop an educational plan for the children in the youth care center in consultation with the director of the center. The plan shall be approved annually by the school district board.
     (3) The Superintendent of Public Instruction shall have the authority to enforce the provisions of ORS 336.575, 339.137 and this section. If a district fails to comply, the superintendent shall find the district deficient and shall apply the penalty provided in ORS 327.103.
     (4) The State Board of Education shall adopt rules to implement this section.
     (5) Nothing in this section limits or otherwise applies to educational rights of children in youth care centers operated by public agencies. [Formerly 339.195; 1997 c.20 §1]
     336.585
Education at detention facilities; costs; rules; notification to resident
district. (1) The Department of Education shall provide or cause to be
provided appropriate education for children placed in a detention facility. The
Superintendent of Public Instruction may contract with a school district or
education service district to provide or cause to be provided appropriate
education to children placed in a detention facility.
     (2) The superintendent shall pay the costs of providing education to children placed in detention facilities from the State School Fund grant allocated to the Juvenile Detention Education Program for that purpose under ORS 327.026.
     (3) The State Board of Education shall adopt by rule standards to be applied to the operation of the Juvenile Detention Education Program, as defined in ORS 326.695.
     (4) The superintendent shall ensure that the resident district of each child placed in a detention facility is notified, if the resident district can be reasonably identified. The purposes of the notification include, but are not limited to:
     (a) Removing the child from the resident district’s census;
     (b) Facilitating transfers of the child’s educational records; and
     (c) Facilitating planning for the child’s possible return to the resident district.
     (5) As used in this section:
     (a) “Detention facility” has the meaning given the term in ORS 419A.004.
     (b) “Placed in a detention facility” means lodged overnight between consecutive days of receiving educational services within the detention facility.
     (c) “Resident district” means the school district in which the parents or legal guardian, if any, of the child resided at the time of placement. If the child has no parents or legal guardian, or none can be located, the resident district shall be the school district in which the child is physically located. [Formerly 339.205; 2001 c.681 §8]
     336.610
[Formerly 336.440; renumbered 339.885 in 1993]
ALTERNATIVE EDUCATION PROGRAMS
     336.615
Definition for ORS 336.615 to 336.665. As used in ORS 336.615 to 336.665,
“alternative education program” means a school or separate class group designed
to best serve studentsÂ’ educational needs and interests and assist students in
achieving the academic standards of the school district and the state.
[Formerly 339.605; 2001 c.490 §1]
     336.620
[Formerly 336.430; renumbered 339.880 in 1993]
     336.625
Goals; district responsibility; registration; rules. (1) In implementing
alternative education programs, district school boards shall maintain learning
situations that are flexible with regard to environment, time, structure and
pedagogy.
     (2) Students participating in alternative education programs are considered to be the responsibility of the resident district for purposes of ORS 332.072.
     (3) The State Board of Education by rule:
     (a) Shall define the accountable activities and allowable credit for these activities in alternative education programs;
     (b) Shall adopt a process for registering private alternative education programs that includes, but is not limited to, the requirements of ORS 336.631; and
     (c) Shall establish standards for private alternative education programs to ensure a safe educational environment and an instructional program that provides students with the opportunity to make progress toward achieving state academic content and performance standards.
     (4) A school district may not waive the right to implement an alternative education program in a collective bargaining agreement. [Formerly 339.615; 1997 c.521 §24; 2001 c.490 §2]
     336.630
[Formerly 332.100 and then 336.045; renumbered 339.875 in 1993]
     336.631
Private alternative programs; requirements; applicability of laws; placement of
students. (1) Prior to contracting with or distributing any public funds to
a private alternative education program, a district school board shall:
     (a) Annually approve the private alternative education program;
     (b) Determine that the private alternative education program is registered with the Department of Education; and
     (c) Determine that the private alternative education program complies with the requirements of subsection (2) of this section and ORS 336.625 (3)(c).
     (2) The following laws apply to private alternative education programs that are registered with the Department of Education under ORS 336.635 in the same manner as the laws apply to school districts and public schools:
     (a) Federal law;
     (b) ORS 181.534, 181.539, 326.603, 326.607 and 342.232 (criminal records checks);
     (c) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and fees);
     (d) ORS 659.850 and 659.855 (discrimination);
     (e) Health and safety statutes and rules; and
     (f) Any statute, rule or school district policy that is specified in a contract between the school district board and the private alternative education program.
     (3) Prior to placement of a student in a private alternative education program, the resident district shall determine whether the proposed placement best serves the student’s educational needs and interests and assists the student in achieving the district and state academic standards.
     (4) Contracts between a school district and a private alternative education program shall be included in the assessment of effectiveness provided for in ORS 329.085. [1997 c.521 §11; 1999 c.59 §84; 2001 c.490 §3; 2005 c.730 §15]
     336.635
Enrollment in alternative education program; notice to district; billing;
rules; status of teachers. (1) When necessary to meet a studentÂ’s
educational needs and interests, the parent or guardian with the approval of
the resident district and the attending district may enroll the student in one
of the proposed appropriate and accessible public alternative education
programs or private alternative education programs of instruction or
instruction combined with counseling registered with the Department of
Education. If the child is determined to be eligible for special education
under ORS 343.221 to 343.236 and 343.261 to 343.295, the program must be
approved by the Department of Education prior to the placement of the student
in the program. A student enrolled pursuant to this subsection or enrolled in
an alternative education program on or after July 1, 1995, because the
studentÂ’s educational needs and interests are best met through participation in
such a program shall be considered enrolled in the schools of the district for
purposes of the distribution of the State School Fund.
     (2) The alternative education program in which the student enrolls with the districts’ approval shall notify the school district in which the student or the student’s parents or legal guardian, if any, resided at the time the student enrolled of the child’s enrollment and may bill the school district for tuition. The billing may be made annually or at the end of each term or semester of the alternative education program. For each full-time equivalent student enrolled in the alternative education program, the school district shall pay the actual cost of the program or an amount at least equivalent to 80 percent of the district’s estimated current year’s average per student net operating expenditure, whichever is lesser, in accordance with rules adopted by the State Board of Education. The alternative education program shall be accountable for the expenditures of all State School Fund and other local school support moneys, providing the school district with an annual statement of such expenditures.
     (3) A private alternative education program that is registered with the Department of Education is not required to employ only licensed teachers or administrators. Teachers and administrators in such private programs shall not be considered employees of any district for purposes of ORS 342.173.
     (4) A school district is not required to provide a public alternative education program if there are public or approved private alternative education programs that are appropriate and accessible to the student to which a student can be referred.
     (5) Any Oregon teaching license is valid for teaching all subjects and grade levels in an alternative education program operated by a school district or education service district. [Formerly 339.620; 1995 c.656 §7; 1996 c.16 §3; 1997 c.164 §1; 1997 c.613 §3; 2001 c.490 §4]
     336.637
Instruction in educational standards required; assessment of students in
private alternative education programs. (1) A private alternative education
program shall ensure that students receive instruction in the educational
standards adopted by the State Board of Education for the grade level the
program serves.
     (2) Students enrolled in a private alternative education program shall take the statewide assessment developed by the Department of Education under ORS 329.485. A private alternative education program shall be accountable for determining the progress of its students toward achieving academic content standards as defined in ORS 329.007. The private alternative education program shall report, at least annually, each student’s academic progress, including the results of the state assessment to students, parents and the school district. [1997 c.521 §12; 2001 c.490 §5]
     336.640
Rules governing education for pregnant and parenting students. (1) The
State Board of Education shall establish by rule procedures for considering and
obtaining special services for pregnant and parenting students. Such rules
shall include, but not be limited to, the obligation of the school district to:
     (a) Inform pregnant and parenting students and their parents of the availability of such services in the school district, education service district or in the community;
     (b) Facilitate the provision of such services, including counseling, life skills and parenting education, child care, transportation, career development and health and nutrition services to pregnant and parenting students;
     (c) Inform pregnant and parenting students and their parents of the availability of resources provided by other agencies, including health and social services;
     (d) Provide educational programs and schedules that address the individual learning styles and needs of pregnant and parenting students; and
     (e) Develop individualized educational programs or services, or both, to address the needs of pregnant or parenting students when their educational needs cannot be met by the regularly provided school program.
     (2) Each school district shall adopt policies and guidelines for implementation of this section in a manner consistent with the rules of the state board adopted under subsection (1) of this section.
     (3) No pregnant or parenting student shall be excluded from the public schools solely on the basis of pregnancy or parenthood.
     (4) For purposes of reporting enrollments, school districts may count eligible students who are receiving individualized programs or services, or both, as described in subsection (1)(e) of this section, in the same category as students eligible for special education as children with disabilities under ORS 343.035. [Formerly 339.623; 2005 c.22 §233]
     336.645
Notification of availability of program; rules. The State Board of
Education shall adopt rules to implement the provisions of ORS 336.615 to
336.665 that shall include rules regarding school district notification to
parents and students of the availability of alternative education programs, the
law regarding alternative education programs and the procedures for requesting
district school boards to establish alternative education programs. [Formerly
339.625; 1997 c.521 §25; 2001 c.490 §6]
     336.650
[1979 c.363 §2; renumbered 339.870 in 1993]
     336.655
District evaluation of program. (1) Each school district operating,
participating in or contracting for a public or private alternative education
program shall evaluate the program at least annually. The district shall
provide the public or private alternative education program with a copy of the
written evaluation.
     (2) For private alternative education programs, the evaluation shall include, but is not limited to:
     (a) A review of the private alternative education program’s annual statement of expenditures as required by ORS 336.635 (2);
     (b) A determination that the private alternative education program is in compliance with ORS 336.625 (3)(c) and 336.631 (2);
     (c) The approval of any contract between the district and the private alternative education program; and
     (d) A review to ensure that the private alternative education program enhances the ability of the district and its students to achieve district and state standards. [Formerly 339.635; 2001 c.490 §7]
     336.660
[1991 c.970 §4; 1993 c.45 §102; renumbered 339.865 in 1993]
     336.665
Effect of failure to propose alternative programs. (1) The Superintendent
of Public Instruction shall find a school district to be deficient within the
meaning of ORS 327.103 if the district fails to cause the proposal of
alternative programs to be made under ORS 339.250 (9) or (10).
     (2) The failure to cause the proposal of alternative programs shall not be grounds for a civil action against the school district. [Formerly 339.640; 1995 c.656 §8; 1996 c.16 §4; 2001 c.104 §112]
     336.705
[1987 c.896 §1; 1989 c.187 §1; 1991 c.693 §33; 1993 c.45 §104; renumbered
329.675 in 1993]
     336.710
[1987 c.896 §2; renumbered 329.685 in 1993]
     336.715
[1987 c.896 §§3, 28; 1993 c.45 §105; renumbered 329.690 in 1993]
     336.720
[1987 c.896 §4; 1989 c.187 §2; 1989 c.491 §26; 1993 c.45 §106; renumbered
329.695 in 1993]
     336.730
[1987 c.896 §5; 1989 c.187 §3; 1991 c.693 §15; 1993 c.45 §107; renumbered
329.700 in 1993]
     336.735
[1987 c.896 §6 (1) to (3); repealed by 1993 c.45 §108]
     336.745
[1987 c.896 §8; 1989 c.187 §5; 1991 c.693 §34; 1993 c.45 §109; renumbered
329.705 in 1993]
     336.755
[1987 c.896 §7; 1989 c.187 §4; 1993 c.45 §110; renumbered 329.709 in 1993]
     336.765
[1987 c.896 §9; 1989 c.187 §6; 1993 c.45 §111; renumbered 329.715 in 1993]
     336.775
[1987 c.896 §10; renumbered 329.725 in 1993]
     336.780
[1987 c.896 §11; 1993 c.45 §112; renumbered 329.735 in 1993]
     336.785
[1987 c.896 §13; 1989 c.187 §12; renumbered 329.745 in 1993]
STUDENT TRAFFIC SAFETY EDUCATION
     336.790
Definitions for ORS 336.790 to 336.815. As used in ORS 336.790 to 336.815,
unless the context requires otherwise:
     (1) “Commercial driver training school” means a school operated by a person issued a commercial driver training school certificate by the Department of Transportation under ORS 822.515.
     (2) “Facility” means any facility for the deaf operated under ORS 346.010.
     (3) “Private school” means a private or parochial high school.
     (4) “Public school” means a common or union high school district, education service district and a community college district. [Formerly 343.705; 1997 c.118 §1; 1997 c.249 §98; 2001 c.295 §11; 2001 c.706 §1]
     336.795
Purposes of traffic safety education course. A traffic safety education
course shall be conducted in order to facilitate the policing of the streets
and highways of this state and to reduce the direct cost thereof by educating
youthful drivers in safe and proper driving practices. [Formerly 343.710; 2001
c.104 §113]
     336.800
School course in traffic safety education. (1) Any private school, public
school, facility or commercial driver training school may offer a course in
traffic safety education. The curriculum for the traffic safety education
course shall be established by the Department of Transportation under ORS
802.345.
     (2) A person employed to teach a traffic safety education course must meet qualifications established by the department under ORS 802.345. [Formerly 343.720; 1997 c.383 §9; 1999 c.328 §8; 2001 c.706 §2]
     336.805
Tuition; waiver; costs; reimbursement. (1) Each public school or facility
offering a course in traffic safety education may charge tuition therefor and
shall keep accurate records of the cost thereof in the manner required under
rules adopted by the Department of Transportation under ORS 802.345. As
provided in ORS 336.810, each public school or facility shall be reimbursed
$210 per pupil completing the course, including any private school pupil
completing the course in a public school or facility.
     (2) If funds available to the Department of Transportation for the Student Driver Training Fund are not adequate to pay all approved claims in full, public schools and facilities shall receive a pro rata reimbursement based upon the ratio that the total amount of funds available bears to the total amount of funds required for maximum allowable reimbursement.
     (3) Tuition authorized by subsection (1) of this section shall not exceed the cost to the public school or facility of providing traffic safety education less the state reimbursement. Tuition may be reduced or waived by a public school or facility for low income pupils.
     (4) A public school may also offer a traffic safety education course to pupils in neighboring public schools that do not offer traffic safety education.
     (5) Each public school and facility offering a course in traffic safety education shall adopt written policies and procedures regarding reduced or waived tuition for low income pupils.
     (6) Each public school offering a course in traffic safety education shall adopt written policies and procedures for the admission of pupils from neighboring public schools. [Formerly 343.730; 1997 c.119 §2; 1999 c.328 §9; 2005 c.699 §1]
     336.810
Student Driver Training Fund. (1) There is created the Student Driver
Training Fund, separate and distinct from the General Fund. All payments
required under ORS 336.795 to 336.815 and moneys paid into the fund under ORS
802.110 and all expenses incurred in the administration of those sections shall
be made to and borne by the fund. Interest earned by the fund shall be credited
to the fund.
     (2) The Department of Transportation shall annually distribute the funds available in the Student Driver Training Fund in the manner provided in ORS 336.805.
     (3) The department shall make periodic studies to determine the effectiveness of traffic safety education courses conducted under authority of ORS 336.790 to 336.815. [Formerly 343.740; 1999 c.328 §10]
     336.815
Contract with commercial driver training school. Any public school may
contract with a commercial driver training school for the instruction of
students enrolled in a traffic safety education course. [Formerly 343.750; 1997
c.119 §1; 1999 c.328 §11; 2001 c.706 §3]
     336.850
[1991 c.928 §7; renumbered 329.385 in 1993]
     336.870
[1991 c.871 §1; renumbered 329.395 in 1993]
     336.875
[1991 c.871 §2; renumbered 329.405 in 1993]
     336.880
[1991 c.871 §3; renumbered 329.415 in 1993]
     336.885
[1991 c.871 §4; renumbered 329.425 in 1993]
     336.990
[Amended by 1963 c.544 §50; subsection (4) of 1963 Replacement Part derived
from 332.990 (7); repealed by 1965 c.100 §456]
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