2007 Oregon Code - Chapter 336 :: Chapter 336 - Conduct of Schools Generally
Chapter 336 —
Conduct of Schools Generally
2007 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
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
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
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
DISCLOSURE OF PERSONAL INFORMATION ABOUT
STUDENT
336.187Â Â Â Â When
school authorized to disclose information about 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
FOOD AND BEVERAGE STANDARDS
336.423Â Â Â Â Standards
for food and beverages sold in schools; exceptions; compliance
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
STUDENT JOURNALISTS
336.477Â Â Â Â Rights;
student expression; civil action
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;
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 336.675
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
336.668Â Â Â Â Definitions
for ORS 336.668 to 336.675
336.670Â Â Â Â Contract
for services; placement
336.673Â Â Â Â Funding;
qualified courses
336.675Â Â Â Â Funding
formula; rules
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)
     (b) Admission of
     (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 teacherÂ’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
     (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
     (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
     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
     (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
     (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
     (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
     (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 district continuous 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
     (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; 2007 c.858 §32a]
     Note: The amendments to 336.113 by section 32a,
chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See
section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the
2008-2009 school year is set forth for the userÂ’s convenience.
     336.113. (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 districtsÂ’ 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
     (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.
     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
     (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]
     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 about 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 courtÂ’s or juvenile justice agencyÂ’s ability
to serve the needs of a student prior to the studentÂ’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 districtÂ’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]
FOOD AND
BEVERAGE STANDARDS
     336.423
Standards for food and beverages sold in schools; exceptions; compliance. (1) As used in this section:
     (a) “Entree” means a food that is
generally regarded as being the primary food in a meal and includes, but is not
limited to, sandwiches, burritos, pasta and pizza.
     (b) “Snack” means a food that is generally
regarded as supplementing a meal and includes, but is not limited to, chips,
crackers, onion rings, nachos, french fries, doughnuts, cookies, pastries,
cinnamon rolls and candy.
     (2) Except as provided in subsection (6)
of this section, all food and beverage items sold in a public kindergarten
through grade 12 school must at a minimum meet the standards required by this
section.
     (3) The following shall apply to all food
sold in a school during the times described in subsection (5)(a) of this
section:
     (a) A snack item may be sold only in a
single-serving size and:
     (A) May not have more than 35 percent of
the total calories from fat. This requirement does not apply to snack items
that are legumes, nuts, nut butters, seeds, eggs, nonfried vegetables and
cheese.
     (B) May not have more than 10 percent of
the total calories from saturated fat. This requirement does not apply to snack
items that are nuts, eggs and cheese.
     (C) May not contain more than 35 percent
sugar by weight. This requirement does not apply to fruit and vegetables.
     (D) May not contain more than 0.5 grams of
trans fat per serving.
     (E) May not contain more than 150 total
calories if sold in a school in which the highest grade level in the school is
grade 5 or less.
     (F) May not contain more than 180 total
calories if sold in a school in which the highest grade level in the school is
grade 6, 7 or 8.
     (G) May not contain more than 200 total
calories if sold in a school in which the highest grade level in the school is
grade 9, 10, 11 or 12.
     (b) An entree item that is sold
individually:
     (A) May not contain more than four grams
of fat per 100 calories.
     (B) May not contain more than 450 total
calories.
     (4) The following shall apply to all
beverages sold in a school during the times described in subsection (5)(a) of
this section:
     (a) If the beverage is sold in a school in
which the highest grade level in the school is grade 5 or less, the beverage
may be only:
     (A) Water.
     (B) Fruit or vegetable juice, provided the
beverage item is not more than eight ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight ounces.
     (C) Milk or a nutritionally equivalent
milk alternative, provided the beverage item is not more than eight ounces, is
fat free or low fat and, if flavored, contains no more than 150 calories per
eight ounces.
     (b) If the beverage is sold in a school in
which the highest grade level in the school is grade 6, 7 or 8, the beverage
may be only:
     (A) Water.
     (B) Fruit or vegetable juice, provided the
beverage item is not more than 10 ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight ounces.
     (C) Milk or a nutritionally equivalent
milk alternative, provided the beverage item is not more than 10 ounces, is fat
free or low fat and, if flavored, contains no more than 150 calories per eight
ounces.
     (c) If the beverage is sold in a school in
which the highest grade level in the school is grade 9, 10, 11 or 12, the
beverage may be only:
     (A) Water.
     (B) Fruit or vegetable juice, provided the
beverage item is not more than 12 ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight ounces.
     (C) Milk or a nutritionally equivalent
milk alternative, provided the beverage item is not more than 12 ounces, is fat
free or low fat and, if flavored, contains no more than 150 calories per eight
ounces.
     (D) A no-calorie or low-calorie beverage
if the beverage contains no more than 10 calories per eight ounces.
     (E) A beverage that is not more than 12
ounces and contains no more than 66 calories per eight ounces.
     (5)(a) The standards required by this
section apply to food and beverage items sold in a school at all times during
the regular or extended school day when the activities in the school are
primarily under the control of the school district board. This includes, but is
not limited to, the time before or after classes are in session and the time
when the school is being used for activities such as clubs, yearbook, band or
choir practice, student government, drama rehearsals or child care programs.
     (b) The standards required by this section
do not apply to food and beverage items sold in a school at times when the
school is being used for school-related events or nonschool-related events for
which parents and other adults are a significant part of an audience or are
selling food or beverage items before, during or after the event, such as a
sporting event or another interscholastic activity, a play or a band or choir
concert.
     (6) The standards required by this section
do not apply to food and beverage items sold in a school as part of the United
States Department of AgricultureÂ’s National School Lunch Program or School
Breakfast Program.
     (7) A school district board may adopt
standards that are more restrictive than the standards specified by this
section.
     (8) Each school year, a school district
board shall determine whether the school district is in compliance with the
standards required by this section and report the results of that determination
to the Department of Education. The department may monitor whether school
districts are in compliance with the standards required by this section. [2007
c.455 §1]
     Note: Sections 2 and 3, chapter 455, Oregon Laws
2007, provide:
     Sec.
2. (1) Except as provided in
subsection (2) of this section, section 1 of this 2007 Act [336.423] first
applies to the 2008-2009 school year.
     (2) Section 1 of this 2007 Act first
applies to entree and snack items prepared on-site and sold individually during
the 2009-2010 school year. [2007 c.455 §2]
     Sec.
3. (1) Sections 1 [336.423]
and 2 of this 2007 Act apply to contracts entered into or extended on or after
July 1, 2008. If a school district is operating under a contract entered into
before July 1, 2008, the school district board shall comply with the
requirements of sections 1 and 2 of this 2007 Act to the greatest extent
allowed under that contract.
     (2) A school district may not enter into a
contract on or after the effective date of this 2007 Act [July 1, 2007] if the
contract:
     (a) Does not meet the requirements of
section 1 or 2 of this 2007 Act; and
     (b) Is effective on or after July 1, 2008.
[2007 c.455 §3]
     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
personÂ’s dignity and well-being, and responsibility for oneÂ’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 pupilÂ’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 districts’ annual assurance reports. [1993 c.775 §3]
STUDENT
JOURNALISTS
     336.477
Rights; student expression; civil action. (1) For the purposes of this section:
     (a) “School-sponsored media” means
materials that are prepared, substantially written, published or broadcast by
student journalists, that are distributed or generally made available, either
free of charge or for a fee, to members of the student body and that are
prepared under the direction of a student media adviser. “School-sponsored
media” does not include media intended for distribution or transmission solely
in the classrooms in which they are produced.
     (b) “Student journalist” means a public
high school student who gathers, compiles, writes, edits, photographs, records
or prepares information for dissemination in school-sponsored media.
     (c) “Student media adviser” means a person
who is employed, appointed or designated by the school district to supervise,
or provide instruction relating to, school-sponsored media.
     (2) Except as provided in subsection (4)
of this section, student journalists have the right to exercise freedom of
speech and of the press in school-sponsored media, whether or not the media are
supported financially by the school or by use of school facilities or are
produced in conjunction with a high school class.
     (3) Student journalists are responsible
for determining the news, opinion and feature content of school-sponsored media
subject to the limitations of subsection (4) of this section. This subsection
does not prevent a student media adviser from teaching professional standards
of English and journalism to the student journalists.
     (4) Nothing in this section may be
interpreted to authorize expression by students that:
     (a) Is libelous or slanderous;
     (b) Constitutes an unwarranted invasion of
privacy;
     (c) Violates federal or state statutes,
rules or regulations or state common law; or
     (d) So incites students as to create a
clear and present danger of:
     (A) The commission of unlawful acts on or
off school premises;
     (B) The violation of school policies; or
     (C) The material and substantial
disruption of the orderly operation of the school. A school official must base
a forecast of material and substantial disruption on specific facts, including
past experience in the school and current events influencing student behavior,
and not on undifferentiated fear or apprehension.
     (5) Any student, individually or through
the studentÂ’s parent or guardian, enrolled in a public high school may commence
a civil action to obtain damages under this subsection and appropriate
injunctive or declaratory relief as determined by a court for a violation of
subsection (2) of this section, the First Amendment to the United States
Constitution or section 8, Article I of the Oregon Constitution. Upon a motion,
a court may award $100 in damages and injunctive and declaratory relief to a
prevailing plaintiff in a civil action brought under this subsection.
     (6) Each school district that includes a
public high school shall adopt a written student freedom of expression policy
in accordance with this section. The policy shall include reasonable provisions
for the time, place and manner of student expression. [2007 c.763 §1]
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;
     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 daysÂ’
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, 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
and 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. [Formerly 339.195; 1997 c.20 §1; 2007
c.429 §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
districtÂ’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 336.675. As used in ORS 336.615 to 336.675, “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, 326.603, 326.607, 342.223
and 342.232 (criminal records checks);
     (c) ORS 337.150, 339.141, 339.147 and
339.155 (tuition and fees);
     (d) ORS 659.850, 659.855 and 659.860
(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 studentÂ’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; 2007 c.35 §5; 2007 c.256 §4]
     Note: The amendments to 336.631 by section 6,
chapter 839, Oregon Laws 2007, become operative July 1, 2017, and first apply
to the 2017-2018 school year. See section 9, chapter 839, Oregon Laws 2007. The
text that is operative on and after July 1, 2017, is set forth for the userÂ’s
convenience.
     336.631. (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, 326.603, 326.607, 342.223
and 342.232 (criminal records checks);
     (c) ORS 329.496 (physical education);
     (d) ORS 337.150, 339.141, 339.147 and
339.155 (tuition and fees);
     (e) ORS 659.850, 659.855 and 659.860
(discrimination);
     (f) Health and safety statutes and rules;
and
     (g) 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 studentÂ’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.
     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 districtsÂ’ approval shall notify the school
district in which the student or the studentÂ’s parents or legal guardian, if
any, resided at the time the student enrolled of the childÂ’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 districtÂ’s estimated current yearÂ’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
     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
studentÂ’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 336.675 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 programÂ’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]
     336.668
Definitions for ORS 336.668 to 336.675. As used in ORS 336.668 to 336.675:
     (1) “Qualified homeschooled child” means a
child who is registered as a child who is taught by a parent, legal guardian or
private teacher under ORS 339.035 and who is:
     (a) A resident of a county with a
population of more than 320,000 but less than 325,000 according to the federal
decennial census conducted in 2000; or
     (b) A resident of a school district that
contracted with a qualified private alternative education program prior to the
2007-2008 school year.
     (2) “Qualified private alternative
education program” means a private alternative education program that:
     (a) First contracted with a qualified
school district beginning with the 1996-1997 school year, and has continued to
have a contract with a qualified school district through the 2006-2007 school
year, to provide services to homeschooled students; and
     (b) Is in compliance with ORS 336.615 to
336.675 and rules adopted by the State Board of Education that relate to private
alternative education programs.
     (3) “Qualified school district” means a
school district:
     (a) With an administrative office located
in the county seat of a county with a population of more than 320,000 but less
than 325,000 according to the federal decennial census conducted in 2000; and
     (b) That had a contract with a qualified
private alternative education program during the 2006-2007 school year. [2007
c.846 §2]
     336.670
Contract for services; placement. (1) A qualified school district may contract with a qualified private
alternative education program to provide services to homeschooled children. A
qualified school district that contracts with a program under this section
shall evaluate and monitor the program.
     (2) Other school districts may place students
in a qualified private alternative education program. Except as provided in
subsection (1) of this section, if a school district places a student in a
program under this subsection, the school district is not required to evaluate
and monitor the program.
     (3) When necessary to meet a qualified
homeschooled childÂ’s educational needs and interests, the parent or legal
guardian with the approval of the resident district and the attending district
may enroll the child in a qualified private alternative education program. 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.
     (4) As a condition of enrolling in a
qualified private alternative education program:
     (a) A qualified homeschooled child may not
be required to have previously attended a public school;
     (b) A school district is not required to
find that the student is not benefiting, has not benefited or will not benefit
from attendance in public school or other alternative education programs; and
     (c) A school district is not required to
conduct an assessment of the child in order to find that the program would meet
the child’s educational needs and interests. [2007 c.846 §3]
     Note: Section 4, chapter 846, Oregon Laws 2007,
provides:
     Sec.
4. Notwithstanding section 3
(3) of this 2007 Act [336.670 (3)], if a qualified homeschooled child was
enrolled in a qualified private alternative education program prior to the
effective date of this 2007 Act [July 31, 2007], additional approval from the
resident or attending school district is not required and the qualified
homeschooled child may continue to attend the program. [2007 c.846 §4]
     336.673
Funding; qualified courses.
(1) A qualified private alternative education program shall receive funding
from a qualified school district that has entered into a contract with the
program. The funding shall be calculated based on this section and ORS 336.675.
     (2) A qualified private alternative
education program may receive funding for a qualified homeschooled child only
if the child enrolls in one or more of the following courses that meet the
academic content standards adopted by the State Board of Education for that
course:
     (a) Mathematics.
     (b) Science.
     (c) English.
     (d) History.
     (e) Geography.
     (f) Economics.
     (g) Civics.
     (h) Physical education.
     (i) Health.
     (j) The arts.
     (k) Second languages.
     (L) Computer technology.
     (3)(a) Except as provided in paragraph (b)
of this subsection, for purposes of receiving funding for a qualified private
alternative education program from the State School Fund, a qualified school
district that enters into a contract with a program under ORS 336.670 shall be
considered to be the resident district of a qualified homeschooled child who
attends the program.
     (b) Paragraph (a) of this subsection does
not apply to a qualified homeschooled child who is receiving special education
and related services. [2007 c.846 §5]
     336.675
Funding formula; rules. (1)
As used in this section:
     (a) “ADM” means the average daily
membership as defined in ORS 327.006.
     (b) “Small group” means instruction
provided in a qualified private alternative education program approved by a
qualified school district to a class of two to five students.
     (c) “Intermediate group” means instruction
provided in a qualified private alternative education program approved by a
qualified school district to a class of 6 to 15 students.
     (d) “Large group” means instruction
provided in a qualified private alternative education program approved by a
qualified school district to a class of 16 or more students.
     (e) “Tutorial” means instruction provided
in a qualified private alternative education program approved by a qualified
school district to a class of one student.
     (2) The State Board of Education shall
adopt by rule a formula for the calculation of the amount of funding to be
received by a qualified private alternative education program. The formula
shall be based on:
     (a) The ADM of the program;
     (b) Whether the program operates full-time
or part-time; and
     (c) Whether instruction in the program is
given as tutorials or in small groups, intermediate groups or large groups. [2007
c.846 §6]
     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) “Private school” means a private or
parochial high school.
     (3) “Public school” means a common or
union high school district, education service district, a community college
district and the
     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 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;
2007 c.858 §66]
     336.805
Tuition; waiver; costs; reimbursement. (1) Each public school 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 shall be
reimbursed $210 per pupil completing the course, including any private school
pupil completing the course in a public school.
     (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 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 of providing
traffic safety education less the state reimbursement. Tuition may be reduced
or waived by a public school 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 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; 2007 c.858 §67]
     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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