2007 Oregon Code - Chapter 339 :: Chapter 339 - School Attendance - Admission - Discipline - Safety
Chapter 339 —
School Attendance; Admission; Discipline; Safety
2007 EDITION
ATTENDANCE; ADMISSION; DISCIPLINE; SAFETY
EDUCATION AND CULTURE
GENERAL PROVISIONS
339.005Â Â Â Â Definition
for ORS 339.040 and 339.125
COMPULSORY SCHOOL ATTENDANCE
339.010Â Â Â Â School
attendance required; age limits
339.020Â Â Â Â Duty
to send children to school
339.030Â Â Â Â Exemptions
from compulsory school attendance; rules
339.035Â Â Â Â Teaching
by private teacher, parent or guardian; notice; examination; rules; effect of
low or declining score
339.040Â Â Â Â Attendance
supervisors; appointment; compensation
339.055Â Â Â Â Duties
of attendance supervisors
339.065Â Â Â Â Estimates
of attendance; irregular attendance; excused absences
339.080Â Â Â Â Nonattendance
notice to parents, school officials and parole or probation officer
339.090Â Â Â Â Determination
of compliance; notice to district superintendent
ADMISSION OF STUDENTS
339.115Â Â Â Â Admission
of students; waiver; denial
339.125Â Â Â Â Admission
of nonresident pupils; costs
339.129Â Â Â Â Education
for children in local or regional correctional facilities required; funding;
notice to district; access
RESIDENCY
339.133Â Â Â Â Residency
of student for school purposes; how determined; transportation of student
339.134Â Â Â Â Residency
of child with disability
339.137Â Â Â Â Residency
of student at youth care center
TUITION AND FEES
339.141Â Â Â Â Tuition
prohibited for regular school program; other programs
339.147Â Â Â Â When
tuition authorized; waiver of tuition and fees
339.155Â Â Â Â Prohibitions
of certain fees as condition of admission; allowable fees
STUDENT CONDUCT AND DISCIPLINE
339.240Â Â Â Â Rules
of student conduct, discipline and rights; duties of state board and district
school boards
339.250Â Â Â Â Duty
of student to comply with rules; discipline, suspension, expulsion, removal and
counseling; written information on alternative programs required
339.252Â Â Â Â Child
with disability continues to be entitled to free appropriate public education
if removed for disciplinary reasons; due process procedures
339.254Â Â Â Â Suspension
of student driving privileges; policy content
339.257Â Â Â Â Documentation
of enrollment status for students applying for driving privileges; notification
of student withdrawal from school to Department of Transportation
339.260Â Â Â Â Withholding
records until debt paid; liability of parent; waiver; notice; inspection
339.270Â Â Â Â Assessment
of costs of school property damage against responsible student or parents or
guardian; notice; action to recover
339.280Â Â Â Â Student
grading policies; consideration of attendance allowed; policy content
SCHOOL SAFETY
(Coordination and Information Sharing)
339.312Â Â Â Â Safe
school alliance
339.315Â Â Â Â Report
required if person has possession of unlawful firearm or destructive device;
immunity; law enforcement investigation required
339.317Â Â Â Â Notice
to school district of person charged with crime; immunity
339.319Â Â Â Â Notice
to school district of person convicted of crime; immunity
339.321Â Â Â Â Notice
to school district and law enforcement agencies of release or discharge of
person; immunity
339.323Â Â Â Â Disclosure
of information regarding person charged with or convicted of crime or regarding
release or discharge of person; immunity
339.327Â Â Â Â Notification
required if person possesses threatening list or when threats of violence or
harm made; immunity
(Center for School Safety)
339.331Â Â Â Â
339.333Â Â Â Â Board
of directors
339.336Â Â Â Â Funding;
Center for School Safety Account
339.339Â Â Â Â Collaboration
between center and Department of Education
(Harassment, Intimidation and Bullying)
339.351Â Â Â Â Definitions
for ORS 339.351 to 339.364
339.353Â Â Â Â Findings
339.356Â Â Â Â District
policy required
339.359Â Â Â Â Prevention
task forces, programs and other initiatives
339.362Â Â Â Â Retaliation
against victims and witnesses prohibited; school employee immunity
339.364Â Â Â Â Victim
may seek redress under other laws
(Child Abuse)
339.370Â Â Â Â Definitions
for ORS 339.372, 339.375 and 339.377
339.372Â Â Â Â Policies
of school boards on reporting of child abuse
339.375Â Â Â Â Report
of child abuse by school employees; disclosure of records
339.377Â Â Â Â Training
on prevention and identification
RELIGIOUS INSTRUCTION
339.420Â Â Â Â Child
excused to receive religious instruction
INTERSCHOLASTIC ACTIVITIES
339.430Â Â Â Â Approval
of voluntary organizations to administer interscholastic activities required;
rule review; suspension or revocation of approval; appeal of organizationÂ’s
ruling
339.450Â Â Â Â Prohibited
grounds for denying participation in interscholastic athletics
339.460Â Â Â Â Homeschooled
studentsÂ’ participation in interscholastic activities; conditions
STUDENT ACCOUNTING SYSTEM
339.505Â Â Â Â Definitions
for ORS 339.505 to 339.520; rules
339.510Â Â Â Â Student
accounting system; goals
339.515Â Â Â Â Uniform
reporting system; training and technical assistance in using system
339.520Â Â Â Â Information
required on certain students who withdraw from school
TRAFFIC PATROL
339.650    “Traffic
patrol” defined
339.655Â Â Â Â Traffic
patrols authorized; medical benefits; rules
339.660Â Â Â Â Rules
on traffic patrols; eligibility; authority
339.665Â Â Â Â Intergovernmental
cooperation and assistance in connection with traffic patrols
ADMINISTRATION OF MEDICATION TO STUDENTS
339.866Â Â Â Â Self-administration
of medication by students
339.867    “Medication”
defined for ORS 339.869 and 339.870
339.869Â Â Â Â Administration
of medication to students; rules
339.870Â Â Â Â Liability
of school personnel administering medication
339.871Â Â Â Â Liability
of school personnel for student self-administering medication
339.873Â Â Â Â Recommendations
on medication to affect or alter thought processes, mood or behavior
prohibited; exceptions
MISCELLANEOUS
339.875Â Â Â Â Procurement,
display and salute of flags
339.877Â Â Â Â Issuance
of diploma for work completed at certain state institutions
339.880Â Â Â Â Unauthorized
soliciting of pupils prohibited
339.883Â Â Â Â Possession
of tobacco products by person under 18 prohibited at facilities; “facility”
defined to include public schools
339.885Â Â Â Â Secret
societies in public schools prohibited; membership grounds for suspension or
expulsion
ENFORCEMENT
339.925Â Â Â Â Compulsory
school attendance violation procedure; rules
PENALTIES
339.990Â Â Â Â Penalties
GENERAL PROVISIONS
     339.005
Definition for ORS 339.040 and 339.125. As used in ORS 339.040 and 339.125, unless the context requires
otherwise, “administrative office for the county” means the administrative
office of the education service district or of a common school district that
includes an entire county. [1965 c.100 §273; 1973 c.728 §3; 1987 c.158 §56;
1991 c.167 §23; 2003 c.226 §17]
COMPULSORY
SCHOOL ATTENDANCE
     339.010
School attendance required; age limits. Except as provided in ORS 339.030, all children between the ages of 7
and 18 years who have not completed the 12th grade are required to attend
regularly a public full-time school of the school district in which the child
resides. [Amended by 1965 c.100 §274]
     339.020
Duty to send children to school. Except as provided in ORS 339.030, every person having control of any
child between the ages of 7 and 18 years who has not completed the 12th grade
is required to send such child to and maintain such child in regular attendance
at a public full-time school during the entire school term. [Amended by 1965
c.100 §275; 1969 c.160 §1]
     339.030
Exemptions from compulsory school attendance; rules. (1) In the following cases, children may not
be required to attend public full-time schools:
     (a) Children being taught in a private or
parochial school in the courses of study usually taught in grades 1 through 12
in the public schools and in attendance for a period equivalent to that
required of children attending public schools in the 1994-1995 school year.
     (b) Children proving to the satisfaction
of the district school board that they have acquired equivalent knowledge to
that acquired in the courses of study taught in grades 1 through 12 in the
public schools.
     (c) Children who have received a high
school diploma.
     (d) Children being taught for a period
equivalent to that required of children attending public schools by a private
teacher the courses of study usually taught in grades 1 through 12 in the
public school.
     (e) Children being educated in the
childrenÂ’s home by a parent or legal guardian.
     (f) Children excluded from attendance as
provided by law.
     (2) The State Board of Education by rule
shall establish procedures whereby, on a semiannual basis, an exemption from
compulsory attendance may be granted to the parent or legal guardian of any child
16 or 17 years of age who is lawfully employed full-time, lawfully employed
part-time and enrolled in school, a community college or an alternative
education program as defined in ORS 336.615. An exemption also may be granted
to any child who is an emancipated minor or who has initiated the procedure for
emancipation under ORS 419B.550 to 419B.558. [Amended by 1965 c.100 §276; 1967
c.67 §8; 1971 c.494 §1; 1973 c.728 §1; 1985 c.579 §1; 1989 c.619 §1; 1993 c.546
§138; 1995 c.769 §2; 1999 c.59 §85; 1999 c.717 §1; 2001 c.490 §8; 2007 c.407 §3]
     339.035
Teaching by private teacher, parent or guardian; notice; examination; rules;
effect of low or declining score. (1) As used in this section, “education service district” means the
education service district that contains the school district of which the child
is a resident.
     (2) When a child is taught or is withdrawn
from a public school to be taught by a parent, legal guardian or private
teacher, as provided in ORS 339.030, the parent, legal guardian or private
teacher must notify the education service district in writing. In addition,
when a child who is taught by a parent, legal guardian or private teacher moves
to a new education service district, the parent, legal guardian or private
teacher shall notify the new education service district in writing. The
education service district shall acknowledge receipt of any notification in
writing.
     (3) Children being taught as provided in
subsection (2) of this section shall be examined at grades 3, 5, 8 and 10 in accordance
with the following procedures:
     (a) The State Board of Education shall
adopt by rule a list of approved comprehensive examinations that are readily
available.
     (b)(A) The parent or legal guardian shall
select an examination from the approved list and arrange to have the
examination administered to the child by a qualified neutral person, as defined
by rule by the State Board of Education.
     (B) If the child was withdrawn from public
school, the first examination shall be administered to the child at least 18
months after the date on which the child was withdrawn from public school.
     (C) If the child never attended public or
private school, the first examination shall be administered to the child prior
to the end of grade three.
     (c) The person administering the
examination shall:
     (A) Score the examination; and
     (B) Report the results of the examination
to the parent or legal guardian.
     (d) Upon request of the superintendent of
the education service district, the parent or legal guardian shall submit the
results of the examination to the education service district.
     (4)(a) If the composite test score of the
child places the child below the 15th percentile based on national norms, the
child shall be given an additional examination within one year of when the
first examination was administered.
     (b) If the composite test score of the
child on the second examination shows a declining score, then the child shall
be given an additional examination within one year of when the second
examination was administered and the superintendent of the education service
district may:
     (A) Allow the child to continue to be
taught by a parent, legal guardian or private teacher; or
     (B) Place the education of the child under
the supervision of a person holding a teaching license who is selected by the
parent or legal guardian at the expense of the parent or legal guardian. If the
composite test score of the child continues to show a declining score, the
superintendent of the education service district may:
     (i) Allow the child to continue under the
educational supervision of a licensed teacher selected by the parent or legal
guardian and require that the child be given an additional examination within
one year of when the last examination was administered;
     (ii) Allow the child to be taught by a
parent, legal guardian or private teacher and require that the child be given
an additional examination within one year of when the last examination was
administered; or
     (iii) Order the parent or legal guardian
to send the child to school for a period not to exceed 12 consecutive months as
determined by the superintendent.
     (c) If the parent or legal guardian of the
child does not consent to placing the education of the child under the
supervision of a licensed teacher who is selected by the parent or legal
guardian, then the superintendent of the education service district may order
the child to return to school for a period not to exceed 12 consecutive months
as determined by the superintendent.
     (d) If the composite test score of the
child on an examination is equal to or greater than the percentile score on the
prior test, the child may be taught by a parent, legal guardian or private
teacher and for the next examination be examined pursuant to paragraph (a) of
this subsection or subsection (3) of this section.
     (5)(a) Notwithstanding the examination
requirements of subsections (3) and (4) of this section, the parent or legal
guardian of a child with a disability who has an individualized education plan
and is receiving special education and related services through the school
district or who is being educated in accordance with a privately developed plan
shall be evaluated for satisfactory educational progress according to the
recommendations of the plan.
     (b) The parent or legal guardian of a
child with a disability who was evaluated by service providers selected by the
parent or legal guardian based on a privately developed plan shall submit a
report of such evaluation to the education service district in lieu of the
examination results required by subsections (3) and (4) of this section.
     (c) A child with a disability described in
this subsection shall not be subject to the examination requirements of
subsections (3) and (4) of this section unless the examination is recommended
in the plan in effect for the child. [1985 c.579 §2; 1989 c.619 §4; 1999 c.717 §1a;
2007 c.70 §95]
     339.040
Attendance supervisors; appointment; compensation. (1) The executive officer of the
administrative office for the county shall appoint one person to act as the
attendance supervisor for school districts having a school census of less than
1,000 children in the county. The attendance supervisor shall perform duties
under the direction of the administrative office for the county. The attendance
supervisor shall receive as compensation for services a sum fixed by the
governing body of the county and allowed and paid in the same manner as the
salaries of county officers are paid.
     (2) District school boards of districts
having a school census of 1,000 or more children, according to the latest
school census, shall appoint attendance supervisors and fix and pay their
compensation.
     (3) The administrative office for the
county, upon written application from the district school board in any school
district having a school census of more than 200 and less than 1,000 children,
according to the latest school census, shall grant such district permission to
appoint attendance supervisors and fix their compensation and pay.
     (4) For purposes of the appointment and
duties of attendance supervisors, the territory in a joint school district
shall be considered part of the county in which the administrative office of
the joint district is located. [Amended by 1965 c.100 §277]
     339.050 [Amended by 1965 c.100 §278; repealed by 1965
c.136 §1]
     339.055
Duties of attendance supervisors. The attendance supervisor when notified of a truancy or unexcused
absence shall investigate the truancy or nonattendance at school. If the child
is not exempt from compulsory school attendance, the attendance supervisor
shall proceed as provided in ORS 339.080 and 339.090. [Formerly 339.100]
     339.060 [Repealed by 1965 c.100 §456]
     339.065
Estimates of attendance; irregular attendance; excused absences. (1) In estimating regular attendance for
purposes of the compulsory attendance provisions of ORS 339.005 to 339.030,
339.040 to 339.125, 339.137, 339.420 and 339.990, the principal or teacher
shall consider all unexcused absences. Eight unexcused one-half day absences in
any four-week period during which the school is in session shall be considered
irregular attendance.
     (2) An absence may be excused by a
principal or teacher if the absence is caused by the pupilÂ’s sickness, by the
sickness of some member of the pupilÂ’s family or by an emergency. A principal
or teacher may also excuse absences for other reasons where satisfactory
arrangements are made in advance of the absence.
     (3) Any pupil may be excused from
attendance by the district school board for a period not to exceed five days in
a term of three months or not to exceed 10 days in any term of at least six
months. Any such excuse shall be in writing directed to the principal of the
school which the pupil attends. [1965 c.100 §281; 1973 c.728 §4; 1987 c.158 §57;
1993 c.45 §114]
     339.070 [Repealed by 1963 c.544 §52]
     339.080
Nonattendance notice to parents, school officials and parole or probation
officer. (1) Except as
provided in ORS 339.030, in case any parent or other person in parental
relation fails to send any child under the control of the parent or other
person to the public school, the attendance supervisor, within 24 hours after
notification from the proper authority of the failure, shall give formal
written notice in person or by registered or certified mail to the parent or
other person. The notice shall state that the child must appear at the public
school on the next school day following the receipt of the notice. The notice
shall inform the parent or other person that regular attendance at school must
be maintained during the remainder of the school year.
     (2) At the same time notice is given to
the parent or other person, the attendance supervisor shall notify the
superintendent or principal, as suitable, of the fact of the notice. The
superintendent or principal shall notify the attendance supervisor of any
failure on the part of the parent or other person to comply with the notice.
     (3) If the child who is the subject of a
notice under subsection (1) of this section is a youth offender on parole or
probation, at the same time notice is given to the parent or other person, the
attendance supervisor shall notify the childÂ’s parole or probation officer of
the child’s absence. [Amended by 1965 c.100 §282; 1993 c.45 §115; 1999 c.963 §4]
     339.090
Determination of compliance; notice to district superintendent. The attendance supervisor shall determine
whether the parent or other person given written notice of attendance
requirements has complied with the notice. If the attendance supervisor
determines that the parent or other person has failed to comply, the attendance
supervisor, within three days after having knowledge of such failure or after
being notified thereof, shall notify the district superintendent. [Amended by
1965 c.100 §283; 1993 c.413 §2]
     339.100 [Amended by 1963 c.544 §47; 1965 c.100 §279;
renumbered 339.055]
     339.110 [Repealed by 1965 c.100 §456]
ADMISSION OF
STUDENTS
     339.115
Admission of students; waiver; denial. (1) Except as provided in ORS 339.141, authorizing tuition for courses
not part of the regular school program, the district school board shall admit
free of charge to the schools of the district all persons between the ages of 5
and 19 who reside within the school district. A person whose 19th birthday
occurs during the school year shall continue to be eligible for a free and
appropriate public education for the remainder of the school year. A district
school board may admit nonresident persons, determine who is not a resident of
the district and fix rates of tuition for nonresidents.
     (2)(a) A district must admit an otherwise
eligible person who has not yet attained 21 years of age prior to the beginning
of the current school year if the person is:
     (A) Receiving special education and has
not yet received a high school diploma as described in ORS 329.451 (1); or
     (B) Receiving special education and has
received a modified high school diploma or alternative certificate as described
in ORS 329.451.
     (b) A district may admit an otherwise
eligible person who is not receiving special education and who has not yet attained
21 years of age prior to the beginning of the current school year if the person
is shown to be in need of additional education in order to receive a high
school diploma.
     (3) The obligation to make a free
appropriate public education available to individuals with disabilities 18
through 21 years of age who are incarcerated in an adult correctional facility
applies only to those individuals who, in their last educational placement
prior to their incarceration in the adult correctional facility:
     (a) Were identified as being a child with
a disability as defined in ORS 343.035; or
     (b) Had an individualized education
program as described in ORS 343.151.
     (4) For purposes of subsection (3) of this
section, “adult correctional facility” means:
     (a) A local correctional facility as
defined in ORS 169.005;
     (b) A regional correctional facility as
defined in ORS 169.620; or
     (c) A Department of Corrections
institution as defined in ORS 421.005.
     (5) An otherwise eligible person under
subsection (2) of this section whose 21st birthday occurs during the school
year shall continue to be eligible for a free appropriate public education for
the remainder of the school year.
     (6) The person may apply to the board of
directors of the school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person aggrieved by a
decision of the local board may appeal to the State Board of Education. The
decision of the state board is final and not subject to appeal.
     (7) Notwithstanding ORS 339.133 (1), a
school district shall not exclude from admission a child located in the
district solely because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a parent, guardian or
person in a parental relationship.
     (8) Notwithstanding subsection (1) of this
section, a school district:
     (a) May for the remaining period of an
expulsion deny admission to the regular school to a resident student who is
expelled from another school district; and
     (b) Shall for at least one calendar year
from the date of the expulsion and if the expulsion is for more than one
calendar year, may for the remaining period of time deny admission to the
regular school program to a student who is under expulsion from another school
district for an offense that constitutes a violation of a school district
policy adopted pursuant to ORS 339.250 (6).
     (9) A child entering the first grade
during the fall term shall be considered to be six years of age if the sixth birthday
of the child occurs on or before September 1. A child entering kindergarten
during the fall term shall be considered to be five years of age if the fifth
birthday of the child occurs on or before September 1. However, nothing in this
section prevents a district school board from admitting free of charge a child
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, to
enter school even though the child has not attained the minimum age requirement
but is a resident of the district. [1965 c.100 §285; 1971 c.410 §1; 1977 c.463 §1;
1983 c.193 §1; 1987 c.283 §2; 1989 c.132 §1; 1989 c.215 §1; 1991 c.693 §26;
1995 c.656 §1; 1995 c.660 §46; 1996 c.16 §1; 1999 c.989 §1; 2005 c.209 §29;
2005 c.662 §16; 2007 c.464 §2; 2007 c.660 §18]
     Note: The amendments to 339.115 by section 18,
chapter 660, Oregon Laws 2007, first apply to the 2008-2009 school year. See
section 9, chapter 660, Oregon Laws 2007, as amended by section 20, chapter
660, Oregon Laws 2007. The text that applies prior to the 2008-2009 school
year, including amendments by section 2, chapter 464, Oregon Laws 2007, is set
forth for the userÂ’s convenience.
     339.115. (1) Except as provided in ORS 339.141, authorizing
tuition for courses not part of the regular school program, the district school
board shall admit free of charge to the schools of the district all persons
between the ages of 5 and 19 who reside within the school district. A person
whose 19th birthday occurs during the school year shall continue to be eligible
for a free and appropriate public education for the remainder of the school
year. A district school board may admit nonresident persons, determine who is
not a resident of the district and fix rates of tuition for nonresidents.
     (2)(a) A district must admit an otherwise
eligible person who has not yet attained 21 years of age prior to the beginning
of the current school year if the person is receiving special education and has
not yet received a regular high school diploma.
     (b) A district may admit an otherwise
eligible person who is not receiving special education and who has not yet
attained 21 years of age prior to the beginning of the current school year if
the person is shown to be in need of additional education in order to receive a
diploma.
     (3) The obligation to make a free
appropriate public education available to individuals with disabilities 18
through 21 years of age who are incarcerated in an adult correctional facility
applies only to those individuals who, in their last educational placement
prior to their incarceration in the adult correctional facility:
     (a) Were identified as being a child with
a disability as defined in ORS 343.035; or
     (b) Had an individualized education program
as described in ORS 343.151.
     (4) For purposes of subsection (3) of this
section, “adult correctional facility” means:
     (a) A local correctional facility as
defined in ORS 169.005;
     (b) A regional correctional facility as
defined in ORS 169.620; or
     (c) A Department of Corrections
institution as defined in ORS 421.005.
     (5) An otherwise eligible person under
subsection (2) of this section whose 21st birthday occurs during the school
year shall continue to be eligible for a free appropriate public education for
the remainder of the school year.
     (6) The person may apply to the board of
directors of the school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person aggrieved by a
decision of the local board may appeal to the State Board of Education. The
decision of the state board is final and not subject to appeal.
     (7) Notwithstanding ORS 339.133 (1), a
school district shall not exclude from admission a child located in the
district solely because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a parent, guardian or
person in a parental relationship.
     (8) Notwithstanding subsection (1) of this
section, a school district:
     (a) May for the remaining period of an
expulsion deny admission to the regular school to a resident student who is
expelled from another school district; and
     (b) Shall for at least one calendar year
from the date of the expulsion and if the expulsion is for more than one
calendar year, may for the remaining period of time deny admission to the
regular school program to a student who is under expulsion from another school
district for an offense that constitutes a violation of a school district
policy adopted pursuant to ORS 339.250 (6).
     (9) A child entering the first grade
during the fall term shall be considered to be six years of age if the sixth
birthday of the child occurs on or before September 1. A child entering
kindergarten during the fall term shall be considered to be five years of age
if the fifth birthday of the child occurs on or before September 1. However,
nothing in this section prevents a district school board from admitting free of
charge a child 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, to enter school even though the child has not attained the
minimum age requirement but is a resident of the district.
     339.120 [Amended by 1957 c.198 §5; repealed by 1965
c.100 §456]
     339.125
Admission of nonresident pupils; costs. (1) The district school board may contract with the district school
board of any other district for the admission of pupils in schools of the other
district. The contract shall be in writing upon forms furnished by the
Department of Education. Expense incurred shall be paid out of the school funds
of the district sending such pupils. If the district sending the pupils fails
to pay the expense so incurred according to the terms of the contract, the
administrative office for the county containing such school district, after
satisfactory proof of such failure, shall deduct the amount of the unpaid
expense from the amount due the school district at the next regular
apportionment. The county treasurer shall pay the amount of the reduced
apportionment out of the county school fund.
     (2) In case the school district sending
the pupils is a joint district, jurisdiction shall be exercised by the
administrative office for the county in which the most populous part of such
district is situated, according to the latest school census. The officeÂ’s
action in the matter is final. [1965 c.100 §286; 1993 c.45 §116]
     339.129
Education for children in local or regional correctional facilities required;
funding; notice to district; access. (1) A school district shall provide or cause to be provided
appropriate education for children placed in a local or regional correctional
facility located in the school district. The education may be provided by the school
district or an education service district.
     (2) The school district may claim State
School Fund reimbursement under ORS 327.006 to 327.133, 327.348, 327.355,
327.357, 327.360 and 327.731 for each child who is in a local or regional
correctional facility.
     (3) A local or regional correctional
facility shall notify the school district within which the facility is located
of the name and date of birth of each school-age child placed in the facility,
including a child with a disability under the age of 22 years who may be
eligible for special education. The notice shall be in writing and shall be
given within five business days of the childÂ’s placement in the facility.
     (4) The local or regional correctional
facility shall allow the school district and education service district to have
safe and reasonable access to children placed in that facility for whom the
school district is required to provide education.
     (5) As used in this section:
     (a) “Local correctional facility” means a
local correctional facility as defined in ORS 169.005.
     (b) “Regional correctional facility” means
a regional correctional facility as defined in ORS 169.620. [1996 c.19 §1; 1999
c.989 §2]
     Note: The amendments to 339.129 by section 16,
chapter 846, Oregon Laws 2007, become operative June 30, 2012. See section 19,
chapter 846, Oregon Laws 2007. The text that is operative on and after June 30,
2012, is set forth for the userÂ’s convenience.
     339.129. (1) A school district shall provide or cause
to be provided appropriate education for children placed in a local or regional
correctional facility located in the school district. The education may be
provided by the school district or an education service district.
     (2) The school district may claim State
School Fund reimbursement under ORS 327.006 to 327.133, 327.348 and 327.731 for
each child who is in a local or regional correctional facility.
     (3) A local or regional correctional
facility shall notify the school district within which the facility is located
of the name and date of birth of each school-age child placed in the facility,
including a child with a disability under the age of 22 years who may be
eligible for special education. The notice shall be in writing and shall be
given within five business days of the childÂ’s placement in the facility.
     (4) The local or regional correctional
facility shall allow the school district and education service district to have
safe and reasonable access to children placed in that facility for whom the
school district is required to provide education.
     (5) As used in this section:
     (a) “Local correctional facility” means a
local correctional facility as defined in ORS 169.005.
     (b) “Regional correctional facility” means
a regional correctional facility as defined in ORS 169.620.
     339.130 [Amended by 1957 c.198 §6; repealed by 1965
c.100 §456]
RESIDENCY
     339.133
Residency of student for school purposes; how determined; transportation of
student. (1) Except as
provided in subsection (3), (4), (5) or (7) of this section, children between
the ages of 4 and 18 shall be considered resident for school purposes in the
school district in which their parents, guardians or persons in parental
relationship to them reside.
     (2) Nonemancipated individuals between the
ages of 4 and 18 living outside the geographic area of the school district for
such reasons as attending college, military service, hospital confinement or
employment away from home shall be considered resident in the district in which
their parents, guardians or persons in parental relationship to them reside.
     (3) Individuals considered legally
emancipated from their parents shall be considered resident in the district in
which they actually reside, irrespective of the residence of their parents,
guardians or persons in parental relationship.
     (4) Children placed by public or private
agencies who are living in substitute care programs licensed, certified or
approved shall be considered resident in the school district in which they
reside by placement of the public or private agency.
     (5)(a) Notwithstanding subsection (4) of
this section, when a juvenile court determines that it is in a childÂ’s best
interest to continue to attend the school that the child attended prior to
placement by a public agency, the child:
     (A) Shall be considered resident for
school purposes in the school district in which the child resided prior to the
placement; and
     (B) May continue to attend the school the
child attended prior to the placement through the highest grade level of the
school.
     (b) The public agency that has placed the
child shall be responsible for providing the child with transportation to and
from school when the need for transportation is due to the placement by the
public agency.
     (c) Paragraph (b) of this subsection
applies only to a public agency for which funds have been designated for the
specific purpose of providing a child with transportation to and from school
under this subsection.
     (6) Persons living temporarily in a school
district for the primary purpose of attending a district school may not be
considered legally resident of the district in which they are living
temporarily, but shall be considered resident in the district in which they,
their parents, guardians or persons in parental relationship to them maintain
residency.
     (7) Except as provided in ORS 327.006 (7)
and 335.090, persons whose legal residence is not within the district but who
attend school in the district with the written consent of the affected district
school boards shall be considered to be residents of the district in which the
person attends school for purposes of the receipt by that district of State
School Fund moneys for the person.
     (8) For the purposes of this section:
     (a) “Person in parental relationship”
means an adult who has physical custody of a child or resides in the same
household as the child, interacts with the child daily, provides the child with
food, clothing, shelter and incidental necessaries and provides the child with
necessary care, education and discipline. “Person in parental relationship”
does not mean a person with a power of attorney or other written delegation of
parental responsibilities if the person does not have other evidence of a
parental relationship.
     (b) “Substitute care program” means family
foster care, family group home care, parole foster care, family shelter care,
adolescent shelter care and professional group care. [Formerly 332.595; 1997
c.821 §21; 2005 c.521 §1; 2007 c.464 §1]
     339.134
Residency of child with disability. (1) Notwithstanding ORS 339.133 (4), a child with a disability shall
be considered a resident for school purposes in the school district in which
the childÂ’s parent or guardian resides if:
     (a) The child is voluntarily placed
outside the childÂ’s home by the childÂ’s parent or guardian;
     (b) The child’s parent or guardian retains
legal guardianship of the child;
     (c) There is a plan for the child to
return home;
     (d) The placement is within 20 miles by
the nearest traveled road from the original school building, unless there are
physiographic conditions that make transportation to the original school
building not feasible; and
     (e) The child’s parent or guardian and the
school staff can demonstrate that it is in the best interest of the child to
continue to attend the school the child was attending prior to the placement.
The best interest of the child may be demonstrated by factors, including but
not limited to the following:
     (A) The child’s siblings attend the
school;
     (B) A change in the child’s routine would
be detrimental to the child; or
     (C) The child has developed and maintained
a network of personal contacts, support services and friends and a sense of
community within the school.
     (2) If a child qualifies under subsection
(1) of this section, the child may continue to attend the school the child was
attending prior to the placement in the childÂ’s resident school district.
     (3) Nothing in this section shall affect
the ability of school districts to enter into agreements with other school
districts for the transportation of students. [1995 c.567 §2]
     339.135 [1965 c.100 §287; 1967 c.507 §6; repealed by
1993 c.45 §117]
     339.137
Residency of student at youth care center. (1) A student described in ORS 336.580 shall be considered a resident
of the school district in which the student resides by reason of the placement
under ORS 336.580 for purposes of distribution of the State School Fund.
     (2) A student described in subsection (1)
of this section must be admitted to the public schools of the school district
where the student is placed pursuant to ORS 336.580.
     (3) Except as provided in ORS 343.261,
343.961 and 346.010, the school district shall provide or cause to be provided
appropriate education to any student described in subsection (1) of this
section, including the identification and evaluation of the student for
purposes of determining eligibility as a child with a disability to receive
special education and related services enumerated in ORS 343.035 and services
related to a disadvantaged child as defined in ORS 343.650. Suspension or
expulsion of a student from the regular school program does not relieve the
district of the obligation to provide instruction in the residential program in
which the child resides or in another appropriate facility. [1993 c.45 §119;
1999 c.989 §34; 2001 c.900 §241; 2007 c.70 §96]
     339.140 [Repealed by 1965 c.100 §456]
TUITION AND
FEES
     339.141
Tuition prohibited for regular school program; other programs. (1) For the purposes of this section:
     (a) “Public charter school” has the
meaning given that term in ORS 338.005.
     (b) “Regular school program” means the
regular curriculum provided in the required full-time day sessions in the
schools of the district, including public charter schools, for grades 1 through
12 and the school program for kindergarten during the period of approximately
nine months each year when the schools of the district or public charter
schools are normally in operation and does not include summer sessions or
evening sessions.
     (c) “Tuition” means payment for the cost
of instruction and does not include fees authorized under ORS 339.155.
     (2) Except as provided in subsection (3)
of this section, district school boards and public charter schools may
establish tuition rates to be paid by pupils receiving instruction in
educational programs, classes or courses of study, including traffic safety
education, which are not a part of the regular school program. Tuition charges,
if made, shall not exceed the estimated cost to the district or public charter
school of furnishing the program, class or course of study.
     (3) Except as provided in ORS 336.805 for
traffic safety education:
     (a) No tuition shall be charged to any
resident pupil regularly enrolled in the regular school program for special
instruction received at any time in connection therewith.
     (b) No program, class or course of study
for which tuition is charged, except courses of study beyond the 12th grade,
shall be eligible for reimbursement from state funds. [Formerly 336.165; 1999
c.200 §31; 1999 c.328 §12]
     339.145 [1965 c.100 §288; 1967 c.67 §9; 1971 c.494 §2;
repealed by 1993 c.45 §120]
     339.147
When tuition authorized; waiver of tuition and fees. (1)(a) Notwithstanding ORS 339.141, no
district school board or public charter school as defined in ORS 338.005 shall
require tuition for courses not part of the regular school program, except for
traffic safety education, from a pupil who is a member of a low-income family
in an amount in excess of what the low-income family may receive as money
specifically to be used for payment of such tuition.
     (b) As used in this subsection, “low-income
family” means a family whose children qualify for free or reduced price school
meals under a federal program, including but not limited to the National School
Lunch Act and the Child Nutrition Act of 1966, and all their subsequent
amendments.
     (2) A family that does not qualify under
subsection (1) of this section but believes the payment of school tuition is a
severe hardship may request the district school board or public charter school
to waive in whole or in part the payment of such tuition.
     (3) Any parent or guardian who believes
that payment of any fee authorized under ORS 339.155 is a severe hardship may
request the district school board or public charter school to waive payment of
the fee and the board or public charter school shall waive in whole or in part
the fee upon a finding of hardship. Consideration shall be given to any funds
specifically available to the parent, guardian or child for the payment of fees
or other school expenses.
     (4) No district school board or public
charter school shall impose or collect fees authorized under ORS 339.155 from
any student who is a ward of a juvenile court or of the Oregon Youth Authority
or the Department of Human Services unless funds are available therefor in the
courtÂ’s, authorityÂ’s or departmentÂ’s budget.
     (5) No district school board or public
charter school is required to waive any fee imposed under ORS 339.155 (5)(a) or
(d). [Formerly 336.168; 1997 c.249 §99; 1999 c.200 §32; 1999 c.328 §13]
     339.150 [Amended by 1957 c.256 §1; repealed by 1965
c.100 §456]
     339.155
Prohibitions of certain fees as condition of admission; allowable fees. (1) A district school board or public
charter school as defined in ORS 338.005 may not require payment of fees as a
condition of admission to those pupils entitled under the law to free
admission. However, the following are not considered as conditions of
admission:
     (a) Pursuant to ORS 339.141, but subject
to ORS 339.147, tuition may be charged for courses not part of the regular
school program.
     (b) A charge may not be made for a
standard, prescribed textbook but a security deposit may be required, which may
be refunded if the textbook is returned in usable condition. Supplemental texts
shall be made available on loan.
     (c) A deposit may be charged for a lock
for a locker.
     (2) A district school board or public
charter school may require pupils who do not furnish their own attire for
physical education classes to pay an appropriate fee for uniforms provided by
the district or public charter school.
     (3) A district school board or public
charter school may require pupils who do not provide appropriate towels for
physical education classes to pay a fee for use of towels provided by the
district or public charter school.
     (4)(a) A district school board or public
charter school may require payment of fees for the use of musical instruments
owned or rented by the district or public charter school. The district school
board or public charter school may not charge a fee that exceeds the rental cost
of the instrument to the district or public charter school or the annual
depreciation plus actual maintenance cost for each instrument.
     (b) Notwithstanding paragraph (a) of this
subsection, a district school board or public charter school may not require
payment of fees for the use of a musical instrument from children exempt from
tuition under ORS 339.147. The district school board or public charter school
shall lend musical instruments, without charge, to children exempt from tuition
under ORS 339.147.
     (5) Subject to ORS 339.147, a district
school board or public charter school may require payments of fees in any of
the following:
     (a) In any program where the resultant
product, in excess of minimum course requirements and at the pupilÂ’s option,
becomes the personal property of the pupil.
     (b) Admission fees or charges for
extracurricular activities where pupil attendance is optional.
     (c) A security deposit conditioned on the
return of materials, supplies or equipment including athletic equipment.
     (d) Items of personal use or products
which a pupil may purchase such as student publications, class rings, annuals
and graduation announcements.
     (e) Field trips considered optional to a
districtÂ’s or public charter schoolÂ’s regular school program.
     (f) Any authorized voluntary pupil health
and accident benefit plan.
     (g) As used in this subsection, “minimum
course requirements” means any product required to be produced to meet the
goals of the course. [1975 c.508 §1; 1977 c.99 §1; 1977 c.815 §3; 1999 c.200 §33;
2003 c.14 §149]
     339.160 [Repealed by 1965 c.100 §456]
     339.165 [1971 c.402 §1; 1973 c.327 §1; 1981 c.404 §1;
1987 c.533 §1; 1989 c.620 §1; repealed by 1991 c.780 §30]
     339.170 [Repealed by 1965 c.100 §456]
     339.175 [1971 c.402 §2; 1979 c.836 §7; 1985 c.264 §1;
1989 c.620 §2; 1991 c.780 §35; renumbered 336.575 in 1993]
     339.180 [Repealed by 1965 c.100 §456]
     339.185 [1971 c.402 §3; 1973 c.327 §2; 1979 c.836 §1;
1983 c.731 §8; 1985 c.523 §1; 1987 c.318 §1; 1987 c.533 §2; 1989 c.620 §3; 1991
c.795 §10; repealed by 1991 c.780 §30]
     339.190 [Repealed by 1965 c.100 §456]
     339.195 [1987 c.817 §2; 1991 c.780 §36; 1993 c.45 §122;
1993 c.676 §50; renumbered 336.580 in 1993]
     339.200 [Repealed by 1965 c.100 §456]
     339.205 [1991 c.833 §1; 1993 c.18 §90; 1993 c.33 §323;
renumbered 336.585 in 1993]
STUDENT
CONDUCT AND DISCIPLINE
     339.240
Rules of student conduct, discipline and rights; duties of state board and
district school boards. (1)
The State Board of Education in accordance with ORS chapter 183 shall adopt
rules setting minimum standards for pupil conduct and discipline and for rights
and procedures pertaining thereto that are consistent with orderly operation of
the educational processes and with fair hearing requirements. The rules shall
be distributed by the Superintendent of Public Instruction to all school
districts.
     (2) Every district school board shall
adopt and attempt to give the widest possible distribution of copies of
reasonable written rules regarding pupil conduct, discipline and rights and
procedures pertaining thereto. Such rules must comply with minimum standards
adopted by the State Board of Education under subsection (1) of this section.
     (3) Every district school board shall
enforce consistently and fairly its written rules regarding pupil conduct,
discipline and rights. This subsection does not apply to a pupil who is
eligible for special education as a child with a disability under ORS 343.035. [1971
c.561 §§2,3; 1993 c.45 §123; 1999 c.726 §1; 2007 c.70 §97]
     339.250
Duty of student to comply with rules; discipline, suspension, expulsion,
removal and counseling; written information on alternative programs required. (1) Public school students shall comply with
rules for the government of such schools, pursue the prescribed course of
study, use the prescribed textbooks and submit to the teachersÂ’ authority.
     (2) Pursuant to the written policies of a
district school board, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force upon a student
when and to the extent the individual reasonably believes it necessary to
maintain order in the school or classroom or at a school activity or event,
whether or not it is held on school property. The district school board shall
adopt written policies to implement this subsection and shall inform such
individuals of the existence and content of these policies.
     (3) The district school board may
authorize the discipline, suspension or expulsion of any refractory student and
may suspend or expel any student who assaults or menaces a school employee or
another student. The age of a student and the past pattern of behavior of a
student shall be considered prior to a suspension or expulsion of a student. As
used in this subsection “menace” means by word or conduct the student
intentionally attempts to place a school employee or another student in fear of
imminent serious physical injury.
     (4)(a) Willful disobedience, willful
damage or injury to school property, use of threats, intimidation, harassment
or coercion against any fellow student or school employee, open defiance of a
teacherÂ’s authority or use or display of profane or obscene language is
sufficient cause for discipline, suspension or expulsion from school.
     (b) District school boards shall develop
policies on managing students who threaten violence or harm in public schools.
The policies adopted by a school district shall include staff reporting methods
and shall require an administrator to consider:
     (A) Immediately removing from the classroom
setting any student who has threatened to injure another person or to severely
damage school property.
     (B) Placing the student in a setting where
the behavior will receive immediate attention, including, but not limited to,
the office of the school principal, vice principal, assistant principal or
counselor or a school psychologist licensed by the Teacher Standards and
Practices Commission or the office of any licensed mental health professional.
     (C) Requiring the student to be evaluated
by a licensed mental health professional before allowing the student to return
to the classroom setting.
     (c) The administrator shall notify the
parent or legal guardian of the studentÂ’s behavior and the schoolÂ’s response.
     (d) District school boards may enter into
contracts with licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection.
     (e) District school boards shall allocate
any funds necessary for school districts to implement the policies adopted
under paragraph (b) of this subsection.
     (5) Expulsion of a student shall not
extend beyond one calendar year and suspension shall not extend beyond 10
school days.
     (6)(a) Notwithstanding subsection (5) of
this section, a school district shall have a policy that requires the expulsion
from school for a period of not less than one year of any student who is
determined to have:
     (A) Brought a weapon to a school, to
school property under the jurisdiction of the district or to an activity under
the jurisdiction of the school district;
     (B) Possessed, concealed or used a weapon
in a school or on school property or at an activity under the jurisdiction of
the district; or
     (C) Brought to or possessed, concealed or
used a weapon at an interscholastic activity administered by a voluntary
organization approved by the State Board of Education under ORS 339.430.
     (b) The policy shall allow an exception
for courses, programs and activities approved by the school district that are
conducted on school property, including but not limited to hunter safety
courses, Reserve Officer Training Corps programs, weapons-related sports or
weapons-related vocational courses. In addition, the State Board of Education
may adopt by rule additional exceptions to be included in school district policies.
     (c) The policy shall allow a
superintendent to modify the expulsion requirement for a student on a
case-by-case basis.
     (d) The policy shall require a referral to
the appropriate law enforcement agency of any student who is expelled under
this subsection.
     (e) For purposes of this subsection, “weapon”
includes a:
     (A) “Firearm” as defined in 18 U.S.C. 921;
     (B) “Dangerous weapon” as defined in ORS
161.015; or
     (C) “Deadly weapon” as defined in ORS
161.015.
     (7) The Department of Education shall collect
data on any expulsions required pursuant to subsection (6) of this section
including:
     (a) The name of each school;
     (b) The number of students expelled from
each school; and
     (c) The types of weapons involved.
     (8) Notwithstanding ORS 336.010, a school
district may require a student to attend school during nonschool hours as an
alternative to suspension.
     (9) Unless a student is under expulsion
for an offense that constitutes a violation of a school district policy adopted
pursuant to subsection (6) of this section, a school district board shall
consider and propose to the student prior to expulsion or leaving school, and
document to the parent, legal guardian or person in parental relationship,
alternative programs of instruction or instruction combined with counseling for
the student that are appropriate and accessible to the student in the following
circumstances:
     (a) When a student is expelled pursuant to
subsection (4) of this section;
     (b) Following a second or subsequent
occurrence within any three-year period of a severe disciplinary problem with a
student;
     (c) When it has been determined that a
studentÂ’s attendance pattern is so erratic that the student is not benefiting
from the educational program; or
     (d) When a parent or legal guardian applies
for a studentÂ’s exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2).
     (10) A school district board may consider
and propose to a student who is under expulsion or to a student prior to
expulsion for an offense that constitutes a violation of a school district
policy adopted pursuant to subsection (6) of this section, and document to the
parent, legal guardian or person in parental relationship, alternative programs
of instruction or instruction combined with counseling for the student that are
appropriate and accessible to the student.
     (11) Information on alternative programs
provided under subsections (9) and (10) of this section shall be in writing.
The information need not be given to the student and the parent, guardian or
person in parental relationship more often than once every six months unless
the information has changed because of the availability of new programs.
     (12)(a) The authority to discipline a
student does not authorize the infliction of corporal punishment. Every
resolution, bylaw, rule, ordinance or other act of a district school board, a
public charter school or the Department of Education that permits or authorizes
the infliction of corporal punishment upon a student is void and unenforceable.
     (b) As used in this subsection, “corporal
punishment” means the willful infliction of, or willfully causing the
infliction of, physical pain on a student.
     (c) As used in this subsection, “corporal
punishment” does not mean:
     (A) The use of physical force authorized
by ORS 161.205 for the reasons specified therein; or
     (B) Physical pain or discomfort resulting
from or caused by participation in athletic competition or other such
recreational activity, voluntarily engaged in by a student. [1965 c.100 §289; 1971
c.561 §1; 1975 c.665 §1; 1979 c.739 §1a; 1979 c.836 §2; 1981 c.246 §2; 1989
c.619 §2; 1989 c.889 §1; 1995 c.656 §2; 1996 c.16 §2; 1999 c.59 §86; 1999 c.576
§1; 1999 c.717 §4; 2001 c.810 §7]
     339.252
Child with disability continues to be entitled to free appropriate public
education if removed for disciplinary reasons; due process procedures. (1) As used in this section, “child with a
disability” has the meaning given that term in ORS 343.035.
     (2) A child with a disability continues to
be entitled to a free appropriate public education if the child has been
removed for disciplinary reasons from the childÂ’s current educational placement
for more than 10 school days in a school year.
     (3) A disciplinary removal is considered a
change in educational placement and the school district shall follow special
education due process procedures under ORS 343.155 (5) if:
     (a) The removal is for more than 10
consecutive school days; or
     (b) The child is removed for more than 10
cumulative school days in a school year, and those removals constitute a
pattern based on the length and total time of removals and the proximity of the
removals to one another.
     (4) A child with a disability shall not be
removed for disciplinary reasons under subsection (3) of this section for
misconduct that is a manifestation of the childÂ’s disability, except as
provided under ORS 343.177.
     (5) Notwithstanding ORS 339.250 (9) and
(10), a school district shall provide a free appropriate public education in an
alternative setting to a child with a disability even if the basis for
expulsion was a weapon violation pursuant to ORS 339.250 (6).
     (6) School personnel may consider any
unique circumstances on a case-by-case basis when determining whether to order
a change in placement for a child with a disability who violates a code of
student conduct. [1999 c.989 §4; 2005 c.662 §12; 2007 c.70 §98]
     339.253 [1979 c.739 §2; 1981 c.246 §3; 1987 c.675 §3;
1989 c.619 §3; renumbered 339.620 in 1989]
     339.254
Suspension of student driving privileges; policy content. (1) A school district board may establish a
policy regarding when a school superintendent or the board may file with the
Department of Transportation a written request to suspend the driving
privileges of a student or the right to apply for driving privileges. Such
policy shall include:
     (a) A provision authorizing the
superintendent or the school district board to file with the Department of
Transportation a written request to suspend the driving privileges of a student
or the right to apply for driving privileges only if the student is at least 15
years of age and:
     (A) The student has been expelled for
bringing a weapon to school;
     (B) The student has been suspended or
expelled at least twice for assaulting or menacing a school employee or another
student, for willful damage or injury to school property or for use of threats,
intimidation, harassment or coercion against a school employee or another
student; or
     (C) The student has been suspended or
expelled at least twice for possessing, using or delivering any controlled
substance or for being under the influence of any controlled substance at a
school or on school property or at a school sponsored activity, function or
event.
     (b) A provision requiring the school
superintendent to meet with the parent or guardian of the student before
submitting a written request to the Department of Transportation.
     (c) A provision authorizing the school
superintendent or board to request that the driving privileges of the student
or the right to apply for driving privileges be suspended for no more than one
year.
     (d) Notwithstanding paragraph (c) of this
subsection, a provision stating that, if a school superintendent or the school
district board files a second written request with the Department of Transportation
to suspend the driving privileges of a student, the request is that those
privileges be suspended until the student is 21 years of age.
     (e) A provision that a student may appeal
the decision of a school superintendent regarding driving privileges of a
student under the due process procedures of the school district for suspensions
and expulsions.
     (2) If the driving privileges of a student
are suspended, the student may apply to the Department of Transportation for a
hardship driver permit under ORS 807.240. [1995 c.656 §5; 2003 c.695 §1; 2005
c.209 §30]
     339.255 [1979 c.836 §3; 1981 c.246 §4; renumbered
339.640 in 1989]
     339.257
Documentation of enrollment status for students applying for driving
privileges; notification of student withdrawal from school to Department of
Transportation. (1) The
principal or a designee of the principal of a secondary school shall provide
documentation of enrollment status on a form provided by the Department of
Transportation to any student at least 15 years of age and under 18 years of
age who is properly enrolled in the school and who needs the documentation in
order to apply for issuance or reinstatement of driving privileges. The form
shall be available at the administrative offices of the school district for a
student who applies for issuance or reinstatement of driving privileges during
school holidays.
     (2) A school district board may establish
a policy authorizing the superintendent of the school district or the board to
notify the department of the withdrawal from school of a student who is at
least 15 years of age and under 18 years of age. For purposes of this
subsection, a student shall be considered to have withdrawn from school after
more than 10 consecutive school days of unexcused absences or 15 school days
total of unexcused absences during a single semester. A policy adopted under
this subsection shall include a provision allowing a student to appeal a
decision to notify the department.
     (3) The governing body of a private school
may establish a policy authorizing a representative of the school to notify the
department of a studentÂ’s withdrawal. Terms and conditions of the policy shall
be the same as those described in subsection (2) of this section for a school
district board. [1999 c.789 §4]
     339.260
Withholding records until debt paid; liability of parent; waiver; notice;
inspection. (1) A school
district shall withhold the grade reports, diploma and records of any student
or former student who owes a debt of $50 or more to the school district. A
school district may withhold the grade reports, diploma and records of any
student or former student who owes a debt of less than $50 to the school
district. A school district shall release the grade reports, diploma and
records upon payment of the debt.
     (2) A school district board shall adopt
policies about how the school district shall collect from a student or the
parent or guardian of the student any amount that is owed to a school district
that is $50 or more by a student or former student of the school district. In
addition, the school district board may adopt policies for the collection of
debt owed to the school district that is less than $50.
     (3) The parent or guardian of such student
shall be liable for damages as otherwise provided by law.
     (4) Notwithstanding subsections (1) and
(2) of this section, a school district board may adopt policies that allow the
school district to waive all or a portion of a debt owed to the school district
by a student if:
     (a) The school district determines that
the student or the parent or guardian of the student is unable to pay the debt;
     (b) The payment of the debt could impact
the health or safety of the student;
     (c) The creation of the notice required by
subsection (7) of this section would cost more than the potential total debt
collected relating to the notice; or
     (d) There are mitigating circumstances as
determined by the superintendent of the school district that preclude the
collection of the debt.
     (5) Notwithstanding subsection (1) of this
section, a school district shall not withhold the education records of a
student in the circumstances described in ORS 326.575 and applicable rules of
the State Board of Education or when such records are requested for use in the
appropriate placement of the student.
     (6) Before any grade reports, diplomas or
records are withheld under subsection (1) of this section or any debt is
collected under subsection (2) of this section, a school district board shall
adopt policies that ensure that the rights of the student to due process are
protected. The policies adopted under this subsection and subsection (2) of
this section shall meet the requirements of subsections (7) and (8) of this
section.
     (7) Prior to pursuing the collection of a
debt owed to the school district by a student or former student or withholding
any grade reports, diploma or records of a student or former student, the
school district must give written or oral notice to the student and the parent
or guardian of the student. The notice must state the reason the student owes
money to the school district and the amount owed. The notice must inform the
student and the parent or guardian of the student that the school district
intends to withhold the grade reports, diploma and records of the student until
the debt is paid. The notice must also state that the school district may
pursue the matter through a private collection agency or other method available
to the school district. A school district may give more than one notice to the
student and the parent or guardian of the student.
     (8) Following a date that is at least 10
days after the date of the last notice given under subsection (7) of this
section, if the student or the parent or guardian of the student has not paid
the debt, the school district:
     (a) Shall, if the debt is $50 or more,
withhold the grade reports, diploma and records of the student;
     (b) May, if the debt is less than $50,
withhold the grade reports, diploma and records of the student; and
     (c) May pursue the matter through a
private collection agency or other method available to the school district.
     (9) Nothing in this section is intended to
prevent inspection of student education records by a parent or legal guardian
pursuant to ORS 343.173, the rules of the State Board of Education and
applicable state and federal law.
     (10) Each school district shall notify
students about the provisions of this section and ORS 339.270 at least once
each school year.
     (11) In any civil action by a school
district against a student or parent or guardian of a student for the
collection of a debt owed to the school district, if the school district is the
prevailing party, the court shall award the school district costs and
reasonable attorney fees. [1965 c.100 §290; 1971 c.561 §4; 1985 c.514 §1; 1993
c.806 §5; 1995 c.656 §3; 2003 c.690 §1]
     339.270
Assessment of costs of school property damage against responsible student or
parents or guardian; notice; action to recover. (1) If a school district finds that a
student is responsible for damaging school district property, the school
district shall determine the reasonable cost of repairing or replacing the
school district property. If the cost is $50 or more, the school district shall
notify the student and the parent or guardian of the student about the cost and
shall charge the student or the parent or guardian of the student for the cost
of repairing or replacing the school district property. If the amount is not
paid by the student or the parent or guardian of the student, or if other
arrangements have not been made, within 10 days of receiving the notice under
this subsection, the amount shall become a debt owed by the student or the
parent or guardian of the student, and the school district shall withhold the
grade reports, diploma and records of the student pursuant to ORS 339.260.
     (2) If the cost of repairing or replacing
school district property is less than $50, the school district may proceed
under this section to collect the debt.
     (3) If the debt owed to the school
district is not paid as demanded, the school district board, in addition to any
other remedy provided by law, may bring an action under this section against
the student or parent or guardian of the student in a court of competent
jurisdiction for the amount owed to the school district plus costs and reasonable
attorney fees. [1971 c.561 §5; 1975 c.712 §2; 1977 c.419 §2; 1993 c.45 §124;
2003 c.690 §2]
     339.280
Student grading policies; consideration of attendance allowed; policy content. Each school district board may establish
student grading policies that permit teachers to consider a studentÂ’s
attendance in determining the studentÂ’s grade or deciding whether the student
should be granted or denied credit. A studentÂ’s attendance shall not be the
sole criterion for the reduction of a studentÂ’s grade. Such policies shall
provide that prior to reduction of grade or denial of credit:
     (1) The teacher identifies how the student’s
attendance and participation in class is related to the instructional goals of
the particular subject or course and gives notice to the student and parents or
guardian of the student.
     (2) Procedures are in effect to ensure due
process when the grade is reduced or credit is denied for attendance rather
than academic reasons.
     (3) The reasons for the nonattendance are
considered and the grade is not reduced or credit is not denied based on
absences due to:
     (a) Religious reasons;
     (b) A student’s disability; or
     (c) An excused absence as determined by
the policy of the school district. [1995 c.656 §4]
     339.310 [1965 c.100 §291; repealed by 1973 c.728 §6]
SCHOOL SAFETY
(Coordination
and Information Sharing)
     339.312
Safe school alliance. School
districts are encouraged to form a safe school alliance composed of schools,
law enforcement agencies, juvenile justice agencies and district attorneys. The
purpose of a safe school alliance is to provide the safest school environment
possible. [1999 c.964 §2]
     339.315
Report required if person has possession of unlawful firearm or destructive
device; immunity; law enforcement investigation required. (1)(a) Any employee of a public school
district, an education service district or a private school who has reasonable
cause to believe that a person, while in a school, is or within the previous
120 days has been in possession of a firearm or destructive device in violation
of ORS 166.250, 166.370 or 166.382 shall report the personÂ’s conduct
immediately to a school administrator, school director, the administratorÂ’s or
directorÂ’s designee or law enforcement agency within the county. A school
administrator, school director or the administratorÂ’s or directorÂ’s designee,
who has reasonable cause to believe that the person, while in a school, is or
within the previous 120 days has been in possession of a firearm or destructive
device in violation of ORS 166.250, 166.370 or 166.382, shall promptly report
the personÂ’s conduct to a law enforcement agency within the county. If the
school administrator, school director or employee has reasonable cause to
believe that a person has been in possession of a firearm or destructive device
as described in this paragraph more than 120 days previously, the school
administrator, school director or employee may report the personÂ’s conduct to a
law enforcement agency within the county.
     (b) Anyone participating in the making of
a report under paragraph (a) of this subsection who has reasonable grounds for
making the report is immune from any liability, civil or criminal, that might
otherwise be incurred or imposed with respect to the making or content of the
report. Any participant has the same immunity with respect to participating in
any judicial proceeding resulting from the report.
     (c) Except as required by ORS 135.805 to
135.873 and 419C.270 (5) or (6), the identity of a person participating in good
faith in the making of a report under paragraph (a) of this subsection who has
reasonable grounds for making the report is confidential and may not be
disclosed by law enforcement agencies, the district attorney or any public or
private school administrator, school director or employee.
     (2) When a law enforcement agency receives
a report under subsection (1) of this section, the law enforcement agency shall
promptly conduct an investigation to determine whether there is probable cause
to believe that the person, while in a school, did possess a firearm or
destructive device in violation of ORS 166.250, 166.370 or 166.382.
     (3) As used in this section, “school”
means:
     (a) A public or private institution of
learning providing instruction at levels kindergarten through grade 12, or
their equivalents, or any part thereof;
     (b) The grounds adjacent to the
institution; and
     (c) Any site or premises that at the time
is being used exclusively for a student program or activity that is sponsored
or sanctioned by the institution, a public school district, an education
service district or a voluntary organization approved by the State Board of
Education under ORS 339.430 and that is posted as such.
     (4) For purposes of subsection (3)(c) of
this section, a site or premises is posted as such when the sponsoring or
sanctioning entity has posted a notice identifying the sponsoring or
sanctioning entity and stating, in substance, that the program or activity is a
school function and that the possession of firearms or dangerous weapons in or
on the site or premises is prohibited under ORS 166.370. [1999 c.577 §1]
     339.317
Notice to school district of person charged with crime; immunity. (1) No later than 15 days after a person
under 18 years of age is charged with a crime under ORS 137.707 or is waived
under ORS 419C.349, 419C.352 or 419C.364, the district attorney or city
attorney, if the person is waived to municipal court, shall notify the school
district in which the person resides of that fact. The district attorney or
city attorney shall include in the notice the crime with which the person is
charged.
     (2) A district attorney, city attorney or
anyone employed by or acting on behalf of a district attorney or city attorney
who sends records under this section is not liable civilly or criminally for
failing to disclose the information under this section. [1999 c.620 §1]
     339.319
Notice to school district of person convicted of crime; immunity. (1) When a person under 18 years of age is
convicted of a crime under ORS 137.707 or following waiver under ORS 419C.349,
419C.352, 419C.364 or 419C.370 (1)(b), the agency supervising the person shall
notify the school district in which the person resides of that fact within five
days following sentencing. The agency supervising the person shall include in
the notice:
     (a) The crime of conviction;
     (b) The sentence imposed; and
     (c) If the person is released on any type
of release, whether school attendance is a condition of the release.
     (2) An agency supervising a person or
anyone employed by or acting on behalf of an agency supervising a person who
sends records under this section is not liable civilly or criminally for
failing to disclose the information under this section. [1999 c.620 §2]
     339.320 [1965 c.100 §292; repealed by 1973 c.728 §6]
     339.321
Notice to school district and law enforcement agencies of release or discharge
of person; immunity. (1) No
later than 15 days prior to the release or discharge of a person committed to
the legal custody of the Department of Corrections or the supervisory authority
of a county under ORS 137.707 or following waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370, the department or supervisory authority, as appropriate,
shall notify the following of the release or discharge if the person is under
21 years of age at the time of the release:
     (a) Law enforcement agencies in the
community in which the person is going to reside; and
     (b) The school district in which the
person is going to reside.
     (2) The department or supervisory
authority shall include in the notification:
     (a) The person’s name and date of release
or discharge;
     (b) The type of supervision under which
the person is released; and
     (c) Whether school attendance is a
condition of release.
     (3) The department, supervisory authority
or anyone employed by or acting on behalf of the department or supervisory
authority who sends records under this section is not liable civilly or
criminally for failing to disclose the information under this section. [1999
c.620 §5]
     339.323
Disclosure of information regarding person charged with or convicted of crime
or regarding release or discharge of person; immunity. (1) When a school district receives notice
under ORS 339.317, 339.319, 339.321 or 420A.122, the school district may
disclose the information only to those school employees the district determines
need the information in order to safeguard the safety and security of the
school, students and staff. A person to whom personally identifiable
information is disclosed under this subsection may not disclose the information
to another person except to carry out the provisions of this subsection.
     (2) A school district or anyone employed
by or acting on behalf of a school district who receives notice under ORS
339.317, 339.319, 339.321 or 420A.122 is not liable civilly or criminally for
failing to disclose the information. [1999 c.620 §6]
     339.325 [1999 c.576 §2; repealed by 2005 c.209 §40]
     339.327
Notification required if person possesses threatening list or when threats of
violence or harm made; immunity. (1) A superintendent of a school district or a superintendentÂ’s
designee who has reasonable cause to believe that a person, while in a school,
is or has been in possession of a list that threatens harm to other persons,
shall notify:
     (a) The parent or guardian of any student
whose name appears on the list as a target of the harm; and
     (b) Any teacher or school employee whose
name appears on the list as a target of the harm.
     (2) A superintendent or superintendent’s
designee who has reasonable cause to believe that a student, while in a school,
has made threats of violence or harm to another student shall notify the parent
or guardian of the threatened student.
     (3) The superintendent or superintendent’s
designee shall attempt to notify the persons specified in subsections (1) and
(2) of this section by telephone or in person promptly but not later than 12
hours after discovering the list or learning of the threat. The superintendent
or superintendentÂ’s designee shall follow up the notice with a written notification
sent within 24 hours after discovering the list or learning of the threat.
     (4) Any school district or person
participating in good faith in making the notification required by this section
is immune from any liability, civil or criminal, that might otherwise be
incurred or imposed with respect to the making or content of the notification.
     (5) As used in this section, “school” has
the meaning given that term in ORS 339.315. [1999 c.577 §13; 2005 c.209 §31]
     339.330 [1965 c.100 §293; repealed by 1973 c.728 §6]
(Center for
School Safety)
     339.331
     (a) Serve as the central point for data
analysis;
     (b) Conduct research;
     (c) Disseminate information about
successful school safety programs, research results and new programs; and
     (d) Provide technical assistance for
improving the safety of schools in collaboration with the Department of
Education and others.
     (2) To fulfill its mission, the Center for
School Safety shall:
     (a) Establish a clearinghouse for
information and materials concerning school violence prevention and
intervention services. As used in this paragraph, “intervention services” means
any preventive, developmental, corrective or supportive service or treatment
provided to a student who is at risk of school failure, is at risk of
participation in violent behavior or juvenile crime or has been expelled from
the school district. “Intervention services” may include, but is not limited
to:
     (A) Screening to identify students at risk
for emotional disabilities or antisocial behavior;
     (B) Direct instruction in academic,
social, problem-solving and conflict resolution skills;
     (C) Alternative education programs;
     (D) Psychological services;
     (E) Identification and assessment of
abilities;
     (F) Counseling services;
     (G) Medical services;
     (H) Day treatment;
     (I) Family services; and
     (J) Work and community service programs.
     (b) Provide program development and
implementation expertise and technical support to schools, law enforcement
agencies and communities. The expertise and support may include coordinating
training for administrators, teachers, students, parents and other community
representatives.
     (c) Analyze the data collected in
compliance with section 5, chapter 618, Oregon Laws 2001.
     (d) Research and evaluate school safety
programs so schools and communities are better able to address their specific
needs.
     (e) Promote interagency efforts to address
discipline and safety issues within communities throughout the state.
     (f) Prepare and disseminate information
regarding the best practices in creating safe and effective schools.
     (g) Advise the State Board of Education on
rules and policies.
     (h) Provide an annual report on the status
of school safety in
     (A) The Governor;
     (B) The Attorney General;
     (C) The State Board of Education; and
     (D) All relevant legislative committees.
     (3) The
     (4) The Center for School Safety board of
directors may seek and accept public and private funds for the center. [2001
c.618 §1]
     339.333
Board of directors. (1) The
Center for School Safety shall be governed by a board of directors. The board
of directors shall consist of:
     (a) The Superintendent of Public
Instruction or a designee of the superintendent;
     (b) The Director of the Oregon Youth
Authority or a designee of the director;
     (c) The Attorney General or a designee of
the Attorney General;
     (d) The Superintendent of State Police or
a designee of the superintendent;
     (e) The Director of Human Services or a
designee of the director;
     (f) Nine members appointed by the
Governor, as follows:
     (A) One member representing the Oregon
School Boards Association;
     (B) One member representing the
Confederation of Oregon School Administrators;
     (C) One member representing the Oregon
Education Association;
     (D) One member representing the Oregon
School Employees Association;
     (E) One member representing the Oregon
State SheriffsÂ’ Association;
     (F) One member representing the Oregon
Association Chiefs of Police;
     (G) One member representing the Oregon
District Attorneys Association;
     (H) One member representing the
     (I) One member representing the Oregon
School Safety Officers Association; and
     (g) Other members that the board may
appoint.
     (2) When making appointments to the board
of directors, the Governor shall solicit recommendations from professional
organizations that represent school employees, school district boards, school
administrators and other education providers.
     (3) The term of office of each board
member appointed by the Governor is two years, but a member serves at the
pleasure of the Governor. Before the expiration of the term of a board member,
the Governor shall appoint a successor. A board member is eligible for
reappointment but shall not serve for more than two consecutive terms. If there
is a vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
     (4) A member of the board of directors is
entitled to compensation and expenses as provided in ORS 292.495.
     (5) The board of directors shall meet a
minimum of four times per year.
     (6) The board of directors shall annually
elect a chairperson and vice chairperson from the membership. The board of
directors may form committees as needed. [2001 c.618 §2; 2003 c.791 §29]
     339.336
Funding; Center for School Safety Account. (1) The Department of Higher Education may seek and accept
contributions of funds and assistance from the
     (2) The Center for School Safety Account
is established in the General Fund of the State Treasury. Except for moneys
otherwise designated by statute, all federal funds or other moneys received by
the department for the center shall be paid into the State Treasury and
credited to the account. All moneys in the account are appropriated continuously
to the department and shall be used by the department for the purposes of
carrying out ORS 339.331, 339.333 and 339.339. [2001 c.618 §8]
     339.339
Collaboration between center and Department of Education. The Department of Education, in
collaboration with the Center for School Safety, shall:
     (1) Develop recommendations and statewide
guidelines designed to improve the learning environment and student achievement
and to reduce the dropout rate in the stateÂ’s public schools.
     (2) Identify successful strategies that
are used in
     (3) Provide technical assistance to those
school districts requesting assistance in reducing the dropout rate. [2001
c.618 §6]
     339.340 [1965 c.100 §294; repealed by 1973 c.728 §6]
     339.350 [1965 c.100 §295; repealed by 1973 c.728 §6]
(Harassment,
Intimidation and Bullying)
     339.351
Definitions for ORS 339.351 to 339.364. As used in ORS 339.351 to 339.364:
     (1) “Cyberbullying” means the use of any
electronic communication device to harass, intimidate or bully.
     (2) “Harassment, intimidation or bullying”
means any act that substantially interferes with a studentÂ’s educational
benefits, opportunities or performance, that takes place on or immediately
adjacent to school grounds, at any school-sponsored activity, on
school-provided transportation or at any official school bus stop, and that has
the effect of:
     (a) Physically harming a student or
damaging a studentÂ’s property;
     (b) Knowingly placing a student in
reasonable fear of physical harm to the student or damage to the studentÂ’s
property; or
     (c) Creating a hostile educational
environment. [2001 c.617 §2; 2007 c.647 §1]
     339.353
Findings. (1) The
Legislative Assembly finds that:
     (a) A safe and civil environment is
necessary for students to learn and achieve high academic standards.
     (b) Harassment, intimidation or bullying
and cyberbullying, like other disruptive or violent behavior, are conduct that
disrupts a studentÂ’s ability to learn and a schoolÂ’s ability to educate its
students in a safe environment.
     (c) Students learn by example.
     (2) The Legislative Assembly commends
school administrators, faculty, staff and volunteers for demonstrating
appropriate behavior, treating others with civility and respect, refusing to
tolerate harassment, intimidation or bullying and refusing to tolerate
cyberbullying. [2001 c.617 §1; 2005 c.209 §32; 2007 c.647 §2]
     339.356
District policy required.
(1) Each school district shall adopt a policy prohibiting harassment,
intimidation or bullying and prohibiting cyberbullying. School districts are
encouraged to develop the policy after consultation with parents and guardians,
school employees, volunteers, students, administrators and community
representatives.
     (2) School districts are encouraged to
include in the policy:
     (a) A statement prohibiting harassment,
intimidation or bullying and prohibiting cyberbullying;
     (b) Definitions of harassment,
intimidation or bullying and of cyberbullying that are consistent with ORS
339.351;
     (c) A description of the type of behavior
expected from each student;
     (d) A statement of the consequences and
appropriate remedial action for a person who commits an act of harassment,
intimidation or bullying or an act of cyberbullying;
     (e) A procedure for reporting an act of
harassment, intimidation or bullying or an act of cyberbullying, including a
provision that permits a person to report an act of harassment, intimidation or
bullying or an act of cyberbullying anonymously. Nothing in this paragraph may
be construed to permit formal disciplinary action solely on the basis of an
anonymous report;
     (f) A procedure for prompt investigation
of a report of an act of harassment, intimidation or bullying or an act of
cyberbullying;
     (g) A statement of the manner in which a
school district will respond after an act of harassment, intimidation or
bullying or an act of cyberbullying is reported, investigated and confirmed;
     (h) A statement of the consequences and appropriate
remedial action for a person found to have committed an act of harassment,
intimidation or bullying or an act of cyberbullying;
     (i) A statement prohibiting reprisal or
retaliation against any person who reports an act of harassment, intimidation
or bullying or an act of cyberbullying and stating the consequences and
appropriate remedial action for a person who engages in such reprisal or
retaliation;
     (j) A statement of the consequences and
appropriate remedial action for a person found to have falsely accused another
of having committed an act of harassment, intimidation or bullying or an act of
cyberbullying as a means of reprisal or retaliation, as a means of harassment,
intimidation or bullying or as a means of cyberbullying;
     (k) A statement of how the policy is to be
publicized within the district, including a notice that the policy applies to
behavior at school-sponsored activities; and
     (L) The identification by job title of
school officials responsible for ensuring that policy is implemented. [2001
c.617 §3; 2007 c.647 §3]
     339.359
Prevention task forces, programs and other initiatives. School districts are encouraged to form task
forces, programs and other initiatives that are aimed at the prevention of
harassment, intimidation or bullying and of cyberbullying and that involve
school employees, students, administrators, volunteers, parents, guardians, law
enforcement and community representatives. [2001 c.617 §6; 2007 c.647 §4]
     339.360 [1965 c.100 §296; repealed by 1973 c.728 §6]
     339.362
Retaliation against victims and witnesses prohibited; school employee immunity. (1) A school employee, student or volunteer
may not engage in reprisal or retaliation against a victim of, witness to or
person with reliable information about an act of harassment, intimidation or
bullying or an act of cyberbullying.
     (2) A school employee, student or
volunteer who witnesses or has reliable information that a student has been
subjected to an act of harassment, intimidation or bullying or an act of
cyberbullying is encouraged to report the act to the appropriate school
official designated by the school districtÂ’s policy.
     (3) A school employee who promptly reports
an act of harassment, intimidation or bullying or an act of cyberbullying to
the appropriate school official in compliance with the procedures set forth in
the school districtÂ’s policy is immune from a cause of action for damages
arising from any failure to remedy the reported act. [2001 c.617 §5; 2007 c.647
§5]
     339.364
Victim may seek redress under other laws. ORS 339.351 to 339.364 may not be interpreted to prevent a victim of
harassment, intimidation or bullying or a victim of cyberbullying from seeking
redress under any other available law, whether civil or criminal. ORS 339.351
to 339.364 do not create any statutory cause of action. [2001 c.617 §7; 2007
c.647 §6]
(Child Abuse)
     339.370
Definitions for ORS 339.372, 339.375 and 339.377. As used in this section and ORS 339.372,
339.375 and 339.377:
     (1) “Abuse” has the meaning given that
term in ORS 419B.005.
     (2) “Disciplinary records” means the
records related to a personnel discipline action or materials or documents
supporting that action.
     (3) “Education provider” means:
     (a) A school district as defined in ORS
332.002.
     (b) The
     (c) The
     (d) An educational program under the Youth
Corrections Education Program.
     (e) A public charter school as defined in
ORS 338.005.
     (f) An education service district as
defined in ORS 334.003.
     (g) Any state-operated program that
provides educational services to kindergarten through grade 12 students.
     (h) A private school.
     (4) “Law enforcement agency” has the
meaning given that term in ORS 419B.005.
     (5) “Private school” means a school that
provides educational services as defined in ORS 345.505 to kindergarten through
grade 12 students.
     (6) “School board” means the governing
board or governing body of an education provider.
     (7) “School employee” means an employee of
an education provider. [2005 c.367 §1; 2007 c.501 §1; 2007 c.858 §68]
     339.372
Policies of school boards on reporting of child abuse. Each school board shall adopt policies on
the reporting of child abuse. The policies shall:
     (1) Specify that child abuse by school
employees is not tolerated;
     (2) Specify that all school employees are
subject to the policies;
     (3) Require that all school employees
report suspected child abuse to a law enforcement agency, the Department of
Human Services or a designee of the department as required by ORS 419B.010 and
419B.015 and report suspected child abuse to the employeesÂ’ supervisors or
other persons designated by the school board;
     (4) Designate a person to receive reports
of suspected child abuse by school employees and specify the procedures to be
followed by that person upon receipt of a report;
     (5) Require the posting in each school
building of the name and contact information for the person designated for the
school building to receive reports of suspected child abuse by school employees
and the procedures the person will follow upon receipt of a report;
     (6) Specify that the initiation of a
report in good faith about suspected child abuse may not adversely affect any
terms or conditions of employment or the work environment of the complainant;
     (7) Specify that the school board or any
school employee will not discipline a student for the initiation of a report in
good faith about suspected child abuse by a school employee; and
     (8) Require notification by the education
provider to the person who initiated the report about actions taken by the
education provider based on the report. [2005 c.367 §2]
     339.375
Report of child abuse by school employees; disclosure of records. (1) Any school employee having reasonable
cause to believe that any child with whom the employee comes in contact has
suffered abuse by another school employee, or that another school employee with
whom the employee comes in contact has abused a child, shall immediately report
the information to:
     (a) A supervisor or other person designated
by the school board; and
     (b) A law enforcement agency, the
Department of Human Services or a designee of the department as required by ORS
419B.010 and 419B.015.
     (2) A supervisor or other person
designated by the school board who receives a report under subsection (1) of
this section, shall follow the procedures required by the policy adopted by the
school board under ORS 339.372.
     (3) Except as provided in subsection (4)
of this section, when an education provider receives a report of suspected child
abuse by one of its employees, and the education providerÂ’s designee determines
that there is reasonable cause to support the report, the education provider
shall place the school employee on paid administrative leave until either:
     (a) The Department of Human Services or a
law enforcement agency determines that the report is unfounded or that the
report will not be pursued; or
     (b) The Department of Human Services or a
law enforcement agency determines that the report is founded and the education
provider takes the appropriate disciplinary action against the school employee.
     (4) If the Department of Human Services or
a law enforcement agency is unable to determine, based on a report of suspected
child abuse, whether child abuse occurred, an education provider may reinstate
a school employee placed on paid administrative leave under subsection (3) of
this section or may take the appropriate disciplinary action against the
employee.
     (5) Upon request from a law enforcement
agency, the Department of Human Services or the Teacher Standards and Practices
Commission, a school district shall provide the records of investigations of
suspected child abuse by a school employee or former school employee.
     (6) The disciplinary records of a school
employee or former school employee convicted of a crime listed in ORS 342.143
are not exempt from disclosure under ORS 192.501 or 192.502. If a school
employee is convicted of a crime listed in ORS 342.143, the education provider
that is the employer of the employee shall disclose the disciplinary records of
the employee to any person upon request. If a former school employee is
convicted of a crime listed in ORS 342.143, the education provider that was the
employer of the former employee when the crime was committed shall disclose the
disciplinary records of the former employee to any person upon request.
     (7) Prior to disclosure of a disciplinary
record under subsection (6) of this section, an education provider shall remove
any personally identifiable information from the record that would disclose the
identity of a child, a crime victim or a school employee or former school
employee who is not the subject of the disciplinary record. [2005 c.367 §3;
2007 c.233 §1]
     339.377
Training on prevention and identification. (1) An education provider shall provide to school employees training
each school year on the prevention and identification of child abuse and on the
obligations of school employees under ORS 419B.005 to 419B.050 and under
policies adopted by the school board to report child abuse.
     (2) An education provider shall make the
training provided under subsection (1) of this section available each school
year to parents and legal guardians of children who attend a school operated by
the education provider. The training shall be provided separately from the
training provided to school employees under subsection (1) of this section.
     (3) An education provider shall make
training that is designed to prevent child abuse available each school year to
children who attend a school operated by the education provider. [2007 c.501 §2]
     339.410 [1965 c.100 §297; repealed by 1979 c.228 §1]
RELIGIOUS
INSTRUCTION
     339.420
Child excused to receive religious instruction. Upon application of the parent or guardian
of the child, or, if the child has attained the age of majority, upon
application of the child, a child attending the public school may be excused
from school for periods not exceeding two hours in any week for elementary
pupils and five hours in any week for secondary pupils to attend weekday
schools giving instruction in religion. [1965 c.100 §298; 1973 c.827 §32; 1977
c.276 §1]
INTERSCHOLASTIC
ACTIVITIES
     339.430
Approval of voluntary organizations to administer interscholastic activities
required; rule review; suspension or revocation of approval; appeal of
organizationÂ’s ruling. (1)
Voluntary organizations that desire to administer interscholastic activities
shall apply to the State Board of Education for approval.
     (2) The board shall review the rules and
bylaws of the voluntary organization to determine that the rules and bylaws do
not conflict with state law or rules of the board.
     (3) A voluntary organization must submit
to the board for review any rules, or changes in rules, that specify the
criteria for the placement of a school into an interscholastic activity
district. A voluntary organization may not establish or change an
interscholastic activity district until the board has approved the rules of the
voluntary organization.
     (4) If a voluntary organization meets the
standards established under ORS 326.051 and its rules and bylaws do not
conflict with state law or rules of the board, the board shall approve the
organization. An approved voluntary organization is qualified to administer
interscholastic activities.
     (5) The board may suspend or revoke its
approval if an approved organization is found to have violated state law, rules
of the board or subsection (3) of this section. If a voluntary organization is
not approved or its approval is suspended or revoked, it may appeal the denial,
suspension or revocation as a contested case under ORS chapter 183.
     (6) A voluntary organization’s decisions
concerning interscholastic activities may be appealed to the board, which may
hear the matter or by rule may delegate authority to a hearing officer to hold
a hearing and enter a final order under ORS chapter 183. Such decisions may be
appealed under ORS 183.482. [Formerly 326.058; 2001 c.104 §114; 2001 c.368 §1;
2003 c.184 §1]
     339.450
Prohibited grounds for denying participation in interscholastic athletics. No school, school district or association,
whether public or private, shall deny any grade or high school student the
right to participate in interscholastic athletics solely on the ground that the
student transferred between schools or participated in athletics at another
school. [1983 c.823 §2]
     339.460
Homeschooled studentsÂ’ participation in interscholastic activities; conditions. (1) Homeschooled students shall not be
denied by a school district the opportunity to participate in all
interscholastic activities if the student fulfills the following conditions:
     (a) The student must meet all school
district eligibility requirements with the exception of:
     (A) The school district’s school or class
attendance requirements; and
     (B) The class requirements of the
voluntary association administering interscholastic activities.
     (b)(A) The student must achieve a minimum
score on an examination from the list adopted by the State Board of Education
pursuant to ORS 339.035. The examination shall be taken at the end of each
school year and shall be used to determine eligibility for the following year.
The minimum, composite test score that a student must achieve shall place the
student at or above the 23rd percentile based on national norms. The parent or
legal guardian shall submit the examination results to the school district; or
     (B) A school district may adopt
alternative requirements, in consultation with the parent or legal guardian of
a homeschooled student, that a student must meet to participate in
interscholastic activities, including but not limited to a requirement that a
student submit a portfolio of work samples to a school district committee for
review to determine whether a student is eligible to participate in interscholastic
activities.
     (c) Any public school student who chooses
to be homeschooled must also meet the minimum standards as described in
paragraph (b) of this subsection. The student may participate while awaiting
examination results.
     (d) Any public school student who has been
unable to maintain academic eligibility shall be ineligible to participate in
interscholastic activities as a homeschooled student for the duration of the
school year in which the student becomes academically ineligible and for the following
year. The student must take the required examinations at the end of the second
year and meet the standards described in paragraph (b) of this subsection to
become eligible for the third year.
     (e) The homeschooled student shall be
required to fulfill the same responsibilities and standards of behavior and
performance, including related class or practice requirements, of other
students participating in the interscholastic activity of the team or squad and
shall be required to meet the same standards for acceptance on the team or
squad. The homeschooled student must also comply with all public school
requirements during the time of participation.
     (f) A homeschooled student participating
in interscholastic activities must reside within the attendance boundaries of
the school for which the student participates.
     (2) As used in this section:
     (a) “Board” means the State Board of
Education.
     (b) “Homeschooled students” are those
children taught by private teachers, parents or legal guardians as described in
ORS 339.030.
     (c) “Interscholastic activities” includes
but is not limited to athletics, music, speech, and other related activities. [1991
c.914 §§1,2; 1999 c.717 §2; 2003 c.14 §150]
STUDENT
ACCOUNTING SYSTEM
     339.505
Definitions for ORS 339.505 to 339.520; rules. (1) For purposes of the student accounting
system required by ORS 339.515, the following definitions shall be used:
     (a) “Graduate” means an individual who
has:
     (A) Not reached 21 years of age or whose
21st birthday occurs during the current school year;
     (B) Met all state requirements and local
requirements for attendance, competence and units of credit for high school;
and
     (C) Received one of the following:
     (i) A high school diploma issued by a
school district.
     (ii) An adult high school diploma issued
by an authorized community college.
     (iii) A modified high school diploma.
     (b) “School dropout” means an individual
who:
     (A) Has enrolled for the current school
year, or was enrolled in the previous school year and did not attend during the
current school year;
     (B) Is not a high school graduate;
     (C) Has not received a General Educational
Development (GED) certificate; and
     (D) Has withdrawn from school.
     (c) “School dropout” does not include a
student described by at least one of the following:
     (A) A student who has transferred to
another educational system or institution that leads to graduation and the
school district has received a written request for the transfer of the studentÂ’s
records or transcripts.
     (B) A student who is deceased.
     (C) A student who is participating in home
instruction paid for by the district.
     (D) A student who is being taught by a
private teacher, parent or legal guardian pursuant to ORS 339.030 (1)(d) or
(e).
     (E) A student who is participating in a
Department of Education approved public or private education program, an
alternative education program as defined in ORS 336.615 or a hospital education
program, or is residing in a Department of Human Services facility.
     (F) A student who is temporarily residing
in a shelter care program certified by the Oregon Youth Authority or the
Department of Human Services or in a juvenile detention facility.
     (G) A student who is enrolled in a foreign
exchange program.
     (H) A student who is temporarily absent
from school because of suspension, a family emergency, or severe health or
medical problems that prohibit the student from attending school.
     (I) A student who has received a General
Educational Development (GED) certificate.
     (2) The State Board of Education shall
prescribe by rule when an unexplained absence becomes withdrawal, when a
student is considered enrolled in school, acceptable alternative education
programs under ORS 336.615 to 336.675 and the standards for excused absences
for purposes of ORS 339.065 for family emergencies and health and medical
problems. [1991 c.805 §4; 1993 c.676 §51; 1997 c.89 §1; 1997 c.249 §100; 1999
c.59 §87; 1999 c.717 §5; 2001 c.490 §9; 2003 c.14 §151; 2005 c.22 §234; 2007
c.407 §4; 2007 c.660 §19; 2007 c.858 §35]
     Note: The amendments to 339.505 by section 19,
chapter 660, Oregon Laws 2007, and section 35, chapter 858, Oregon Laws 2007,
first apply to the 2008-2009 school year. See section 9, chapter 660, Oregon
Laws 2007, as amended by section 20, chapter 660, Oregon Laws 2007, and section
41, chapter 858, Oregon Laws 2007. The text that applies prior to the 2008-2009
school year, including amendments by section 4, chapter 407, Oregon Laws 2007,
is set forth for the userÂ’s convenience.
     339.505. (1) For purposes of the student accounting system
required by ORS 339.515, the following definitions shall be used:
     (a) “Graduate” means an individual who
has:
     (A) Not reached 21 years of age or whose
21st birthday occurs during the current school year;
     (B) Met all state requirements and local requirements
for attendance, competence and units of credit for high school; and
     (C) Received one of the following:
     (i) A high school diploma issued by a
school district.
     (ii) An adult high school diploma issued
by an authorized community college.
     (iii) A modified high school diploma based
on the successful completion of an individual education plan.
     (b) “School dropout” means an individual
who:
     (A) Has enrolled for the current school
year, or was enrolled in the previous school year and did not attend during the
current school year;
     (B) Is not a high school graduate;
     (C) Has not received a General Educational
Development (GED) certificate; and
     (D) Has withdrawn from school.
     (c) “School dropout” does not include a
student described by at least one of the following:
     (A) A student who has transferred to
another educational system or institution that leads to graduation and the
school district has received a written request for the transfer of the studentÂ’s
records or transcripts.
     (B) A student who is deceased.
     (C) A student who is participating in home
instruction paid for by the district.
     (D) A student who is being taught by a
private teacher, parent or legal guardian pursuant to ORS 339.030 (1)(d) or
(e).
     (E) A student who is participating in a Department
of Education approved public or private education program, an alternative
education program as defined in ORS 336.615 or a hospital education program, or
is residing in a Department of Human Services facility.
     (F) A student who is temporarily residing
in a shelter care program certified by the Oregon Youth Authority or the
Department of Human Services or in a juvenile detention facility.
     (G) A student who is enrolled in a foreign
exchange program.
     (H) A student who is temporarily absent
from school because of suspension, a family emergency, or severe health or
medical problems that prohibit the student from attending school.
     (I) A student who has received a General
Educational Development (GED) certificate.
     (2) The State Board of Education shall
prescribe by rule when an unexplained absence becomes withdrawal, when a
student is considered enrolled in school, acceptable alternative education
programs under ORS 336.615 to 336.675 and the standards for excused absences
for purposes of ORS 339.065 for family emergencies and health and medical
problems.
     339.510
Student accounting system; goals. Pursuant to rules of the State Board of Education, the Department of
Education shall establish and maintain a student accounting system that has as
its minimum goals:
     (1) Providing a timely accounting of
students who withdraw from school before graduating or completing the normal
course of study;
     (2) Providing reasons why students
withdraw from school;
     (3) Identifying patterns in the
information and assessment of factors that may assist the department and the
school district to develop programs addressing the problems of dropouts; and
     (4) Providing school districts with
management tools for assessing which students are dropouts and why they drop
out. [1991 c.805 §1]
     339.515
Uniform reporting system; training and technical assistance in using system. (1) In order to meet the goals described in
ORS 339.510, the Department of Education shall develop a system of uniform
reporting and shall assist school districts in establishing such systems, with
appropriate allowances being made for the size of districts and their existing
reporting systems.
     (2) The department shall provide training
and technical assistance to school district personnel so that, statewide, the
student accounting system produces uniform and accurate reports. [1991 c.805 §2]
     339.520
Information required on certain students who withdraw from school. The minimum information to be reported on
students who withdraw from school prior to becoming graduates and who do not
transfer to another educational system is:
     (1) Age, sex and racial-ethnic designation
of the student;
     (2) Date of withdrawal;
     (3) Reason for withdrawal, including but
not limited to expulsion, work or death;
     (4) Number of credits earned toward
meeting graduation requirements, if applicable, or grade level, of the
reporting district;
     (5) Length of time the student was
enrolled in the reporting district;
     (6) Information relating to the
disposition of the student after withdrawing, including but not limited to
General Educational Development (GED) participation, alternative certificate of
participation, transfer to mental health or youth correction facility or
participation in a substance abuse program or other dispositions listed in ORS
339.505 (1)(b) and (c); and
     (7) Information on why the student
withdrew as such information relates to academics, conduct standards,
interpersonal relationships, relation with school personnel, personal
characteristics such as illness, lack of motivation, home and family
characteristics, alternative education participation and employment
information. [1991 c.805 §3; 1997 c.249 §101; 2005 c.209 §33]
     339.605 [1987 c.675 §1; renumbered 336.615 in 1993]
     339.615 [1987 c.675 §2; renumbered 336.625 in 1993]
     339.620 [Formerly 339.253; 1991 c.780 §21; 1993 c.45
§126; renumbered 336.635 in 1993]
     339.623 [Formerly 343.187; renumbered 336.640 in
1993]
     339.625 [1987 c.675 §4; renumbered 336.645 in 1993]
     339.635 [1987 c.675 §5; renumbered 336.655 in 1993]
     339.640 [Formerly 339.255; renumbered 336.665 in
1993]
TRAFFIC
PATROL
     339.650
“Traffic patrol” defined. As
used in ORS 339.650 to 339.665 “traffic patrol” means one or more individuals
appointed by a public, private or parochial school to protect pupils in their
crossing of streets or highways on their way to or from the school by directing
the pupils or by cautioning vehicle operators. [Formerly 336.450]
     339.655
Traffic patrols authorized; medical benefits; rules. (1) A district school board may do all
things necessary, including the expenditure of district funds, to organize,
supervise, control or operate traffic patrols. A district school board may make
rules relating to traffic patrols which are consistent with rules under ORS
339.660 (1).
     (2) The establishment, maintenance and
operation of a traffic patrol does not constitute negligence on the part of any
school district or school authority.
     (3) A district school board may provide
medical or hospital care for an individual who is injured or disabled while
acting as a member of a traffic patrol. [Formerly 336.460]
     339.660
Rules on traffic patrols; eligibility; authority. (1) To promote safety the State Board of
Education after consultation with the Department of Transportation and the
Department of State Police, shall make rules relating to traffic patrols.
     (2) A member of a traffic patrol:
     (a) Shall be at least 18 years of age
unless the parent or guardian of the member of the traffic patrol has consented
in writing to such membership and ceases to be a member if such consent is
revoked.
     (b) May display a badge marked “traffic
patrol” while serving as a member.
     (c) May display a directional sign or
signal in cautioning drivers where students use a school crosswalk of the
driverÂ’s responsibility to obey ORS 811.015. [Formerly 336.470]
     339.665
Intergovernmental cooperation and assistance in connection with traffic
patrols. (1) The Department
of Education and the Department of Transportation shall cooperate with any
public, private or parochial school in the organization, supervision, control
and operation of its traffic patrol.
     (2) The Department of State Police, the
sheriff of each county or the police of each city may assist any public,
private or parochial school in the organization, supervision, control or
operation of its traffic patrol. [Formerly 336.480]
     339.860 [Formerly 332.790; 2007 c.858 §69;
renumbered 339.877 in 2007]
     339.865 [Formerly 336.660; renumbered 339.883 in
2007]
ADMINISTRATION
OF MEDICATION TO STUDENTS
     339.866
Self-administration of medication by students. (1) As used in this section:
     (a) “Asthma” means a chronic inflammatory
disorder of the airways that requires ongoing medical intervention.
     (b) “Medication” means any prescription
for bronchodilators or autoinjectable epinephrine prescribed by a studentÂ’s
     (c) “Severe allergy” means a
life-threatening hypersensitivity to a specific substance such as food, pollen
or dust.
     (2) A school district board shall adopt
policies and procedures that provide for self-administration of medication by
kindergarten through grade 12 students with asthma or severe allergies:
     (a) In school;
     (b) At a school-sponsored activity;
     (c) While under the supervision of school
personnel;
     (d) In before-school or after-school care
programs on school-owned property; and
     (e) In transit to or from school or
school-sponsored activities.
     (3) The policies and procedures shall:
     (a) Require that an
     (b) Require that an Oregon licensed health
care professional, acting within the scope of the personÂ’s license, formulate a
written treatment plan for managing the studentÂ’s asthma or severe allergy and
for the use of medication by the student during school hours;
     (c) Require that the parent or guardian of
the student submit to the school any written documentation required by the
school, including any documents related to liability;
     (d) Require that backup medication, if
provided by a studentÂ’s parent or guardian, be kept at the studentÂ’s school in
a location to which the student has immediate access in the event the student
has an asthma or severe allergy emergency;
     (e) Require that a school request from the
studentÂ’s parent or guardian that the parent or guardian provide medication for
emergency use by the student; and
     (f) Allow a school to revoke its
permission for a student to self-administer medication if the student does not
responsibly self-administer the medication or abuses the use of the medication.
     (4) A school district board may impose
other policies and procedures that the board determines are necessary to
protect a student with asthma or a severe allergy.
     (5) A school district board may not
require school personnel who have not received appropriate training to assist a
student with asthma or a severe allergy with self-administration of medication.
     (6) This section does not apply to youth
correctional facilities. [2007 c.830 §1]
     Note: Section 3 (1), chapter 830, Oregon Laws
2007, provides:
     Sec.
3. (1) Section 1 of this
2007 Act [339.866] first applies to the 2008-2009 school year. [2007 c.830 §3(1)]
     339.867
“Medication” defined for ORS 339.869 and 339.870. As used in ORS 339.869 and 339.870, “medication”
means noninjectable medication. [1997 c.144 §1]
     339.869
Administration of medication to students; rules. (1) The State Board of Education, in
consultation with the Department of Human Services, the Oregon State Board of
Nursing and the State Board of Pharmacy, shall adopt rules for the
administration of prescription and nonprescription medication to students by
trained school personnel and for student self-medication. The rules shall
include age appropriate guidelines and training requirements for school
personnel.
     (2) School district boards shall adopt
policies and procedures that provide for the administration of prescription and
nonprescription medication to students by trained school personnel and for
student self-medication. Such policies and procedures shall be consistent with
the rules adopted by the State Board of Education under subsection (1) of this
section. A school district board shall not require school personnel who have
not received appropriate training to administer medication. [1997 c.144 §4]
     339.870
Liability of school personnel administering medication. (1) A school administrator, teacher or other
school employee designated by the school administrator is not liable in a
criminal action or for civil damages as a result of the administration of
nonprescription medication, if the school administrator, teacher or other
school employee in good faith administers nonprescription medication to a pupil
pursuant to written permission and instructions of the pupilÂ’s parents or
guardian.
     (2) A school administrator, teacher or
other school employee designated by the school administrator is not liable in a
criminal action or for civil damages as a result of the administration of
prescription medication, if the school administrator, teacher or other school
employee in compliance with the instructions of a physician, physician
assistant, nurse practitioner or clinical nurse specialist, in good faith
administers prescription medication to a pupil pursuant to written permission
and instructions of the pupilÂ’s parents or guardian.
     (3) The civil and criminal immunities
imposed by subsections (1) and (2) of this section do not apply to an act or
omission amounting to gross negligence or willful and wanton misconduct. [Formerly
336.650; 1997 c.144 §2; 2001 c.143 §1; 2005 c.462 §1]
     339.871
Liability of school personnel for student self-administering medication. (1) A school administrator, school nurse,
teacher or other school employee designated by the school administrator is not
liable in a criminal action or for civil damages as a result of a studentÂ’s
self-administration of medication, as described in ORS 339.866, if the school
administrator, school nurse, teacher or other school employee, in compliance
with the instructions of the studentÂ’s Oregon licensed health care
professional, in good faith assists the studentÂ’s self-administration of the
medication pursuant to written permission and instructions of the studentÂ’s
parent, guardian or Oregon licensed health care professional.
     (2) The civil and criminal immunities
imposed by this section do not apply to an act or omission amounting to gross
negligence or willful and wanton misconduct. [2007 c.830 §2]
     Note: Section 3 (2), chapter 830, Oregon Laws
2007, provides:
     Sec.
3. (2) Section 2 of this
2007 Act [339.871] applies to causes of action arising on or after July 1,
2008. [2007 c.830 §3(2)]
     339.873
Recommendations on medication to affect or alter thought processes, mood or
behavior prohibited; exceptions. (1) A preschool through grade 12 public school administrator, teacher,
counselor or nurse may not recommend to a parent or legal guardian of a student
that the student seek a prescription for a medication that is prescribed with
the intent of affecting or altering the thought processes, mood or behavior of
the student.
     (2) Preschool through grade 12 public
school teachers and other school personnel may not require a child to obtain a
prescription for a substance covered by the Controlled Substances Act, 21
U.S.C. 801 et seq., as a condition of attending school, receiving an evaluation
to determine eligibility for early childhood special education or special
education under ORS chapter 343 or receiving early childhood special education
or special education services.
     (3) Nothing in this section:
     (a) Prohibits a preschool through grade 12
public school teacher or other school personnel from consulting or sharing
classroom-based observations with a parent or legal guardian of a student
concerning the studentÂ’s academic and functional performance, behavior at
school or need for evaluation for special education or related services; or
     (b) Relieves a school district of the duty
to identify, locate and evaluate students with disabilities. [2003 c.485 §1;
2005 c.662 §13]
MISCELLANEOUS
     339.875
Procurement, display and salute of flags. (1) Each district school board shall:
     (a) Procure a
     (b) Provide students with the opportunity
to salute the United States flag at least once each week of the school year by
reciting: “I pledge allegiance to the Flag of the United States of America, and
to the Republic for which it stands, one Nation under God, indivisible, with
liberty and justice for all.”
     (2) Students who do not participate in the
salute provided for by this section must maintain a respectful silence during
the salute. [Formerly 332.100 and then 336.045 and then 336.630; 1999 c.137 §1]
     339.877
Issuance of diploma for work completed at certain state institutions. (1) Any person other than a student at the
Oregon School for the Deaf or the Oregon School for the Blind upon successful
completion of an educational program at elementary or secondary level at a
state institution shall receive a diploma evidencing such completion issued by
the common or union high school district in which the person last resided prior
to commitment to the state institution.
     (2) All educational records for the person
shall be sent to the common or union high school district issuing the diploma.
The school district may make a transcript of such records available upon
request in the same manner and in the same form as it makes any other
transcript available and shall not therein indicate that any of the educational
program was completed in any state institution. [Formerly 339.860]
     339.880
Unauthorized soliciting of pupils prohibited. No person shall solicit, receive or permit to be solicited or received
from pupils enrolled in public schools, on any public school premises any
subscription, donation of money or other thing of value for presentation of
testimonials to school officials or for any purpose except such as are
authorized by the district school board. [Formerly 336.430 and then 336.620]
     339.883
Possession of tobacco products by person under 18 prohibited at facilities; “facility”
defined to include public schools. (1) A facility shall not permit any person under 18 years of age to
possess tobacco products, as defined in ORS 431.840, while the person is present
on facility grounds or in facility buildings or attending facility-sponsored
activities.
     (2) The facility must have written
policies prohibiting the possession of tobacco products described in subsection
(1) of this section by persons under 18 years of age. The facility must have
written plans to implement such policies.
     (3) This section does not apply to any
person for whom a tobacco or nicotine product has been lawfully prescribed.
     (4) As used in this section, “facility”
means public or private schools, youth correction facilities or juvenile
detention facilities. “Facility” does not include colleges or universities,
professional technical schools or community colleges. [Formerly 339.865]
     339.885
Secret societies in public schools prohibited; membership grounds for
suspension or expulsion. (1)
No secret society of any kind, including a fraternity or sorority, shall be
permitted in any public school.
     (2) The district school board may order
the suspension or expulsion of any pupil who belongs to a secret society.
     (3) This section does not apply to any
institution of higher education under the jurisdiction of the State Board of
Higher Education. [Formerly 336.440 and then 336.610]
ENFORCEMENT
     339.925
Compulsory school attendance violation procedure; rules. (1) In addition to any other persons
permitted to enforce violations, the school district superintendent or
education service district superintendent, or any employee specifically
designated by either superintendent, may issue citations for violations
established under ORS 339.990 in the manner provided by ORS chapter 153.
     (2) Prior to issuing the citation
described in subsection (3) of this section to the parent or guardian of a
student not regularly attending full-time school, a school district
superintendent or education service district superintendent shall:
     (a) Provide a parent or guardian of the
student and the student with written notification that:
     (A) States that the student is required to
attend regularly a full-time school;
     (B) Explains that the failure to send the
student and maintain the student in regular attendance is a Class C violation;
     (C) States that the superintendent may
issue a citation;
     (D) Requires the parent or guardian of the
student and the student to attend a conference with a designated official; and
     (E) Is written in the native language of
the parent or guardian of the student.
     (b) Schedule the conference described in
paragraph (a)(D) of this subsection.
     (3) Notwithstanding ORS 1.525 or any
provision of ORS chapter 153, the State Board of Education by rule shall
establish the citation form to be used by superintendents in citing violations
established under ORS 339.990. Notwithstanding ORS 153.045, each of the parts
of the citation shall contain the information required by the state board.
     (4) All fines and court costs recovered
from compulsory school attendance violations shall be paid to the clerk of the
court involved. After deductions of court costs provided by law for the
proceeding, the clerk shall pay the remainder of the money to the State
Treasurer to be deposited in the Criminal Fine and Assessment Account in the
General Fund. [1993 c.413 §4; 1995 c.116 §1; 1999 c.1051 §112]
PENALTIES
     339.990
Penalties. Violation of ORS
339.020 or the requirements of ORS 339.035 is a Class C violation. [Amended by
1965 c.100 §299; 1967 c.67 §10; 1985 c.597 §3; 1993 c.413 §1; 1999 c.1051 §113]
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