Chapter 339 — Chapter 339

ORS 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]

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ORS 339.010 School attendance required. (1) Except as provided in ORS 339.030, all children between the ages of 6 and 18 years who have not completed the 12th grade are required to regularly attend a public full-time school during the entire school term

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ORS 339.020 Duty to send children to school. (1) Except as provided in ORS 339.030, every person having control of a child between the ages of 6 and 18 years who has not completed the 12th grade is required to send the child to, and maintain the child in, regular attendance at a public full-time school during the entire school term

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ORS 339.030 Exemptions from compulsory school attendance; rules. (1) In the following cases, children may not be required to attend public full-time schools

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ORS 339.035 Teaching by private teacher, parent or guardian; rules. (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

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ORS 339.040 Attendance supervisors. (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

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ORS 339.050 [Amended by 1965 c.100 §278; repealed by 1965 c.136 §1]

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ORS 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]

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ORS 339.060 [Repealed by 1965 c.100 §456]

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ORS 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 and 339.420, 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

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ORS 339.070 [Repealed by 1963 c.544 §52]

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ORS 339.071 Attendance notification policy. (1) Each district school board shall adopt an attendance notification policy that satisfies the requirements of this section

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ORS 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

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ORS 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]

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ORS 339.095 Required procedures related to violations of certain school attendance requirements; 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

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ORS 339.100 [Amended by 1963 c.544 §47; 1965 c.100 §279; renumbered 339.055]

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ORS 339.110 [Repealed by 1965 c.100 §456]

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ORS 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

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ORS 339.119 Prohibition of payment as incentive to receive educational services; exceptions. (1) As used in this section, “provider of educational services” means a public charter school, a district school board or a public or private provider of educational services that provides educational services under a contract or the authority of a public charter school or district school board

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ORS 339.120 [Amended by 1957 c.198 §5; repealed by 1965 c.100 §456]

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ORS 339.122 Disclosures in promotional materials. (1) As used in this section, “virtual public school” means a public school that

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ORS 339.125 Contract for 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

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ORS 339.127 Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements. (1) A district school board that admits nonresident students by giving consent as described in ORS 339.133 (5)(a) may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when

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ORS 339.128 Factors prohibited from consideration when admitting tuition-paying nonresident student. (1) A district school board that admits nonresident students and charges nonresident students tuition may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when

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ORS 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

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ORS 339.130 [Amended by 1957 c.198 §6; repealed by 1965 c.100 §456]

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ORS 339.133 Determination of residency of student for school purposes. (1) As used in this section

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ORS 339.134 Residency of child voluntarily placed outside child’s home and living in substitute care program. (1) Except as provided by subsection (2) of this section, a child whose parent or guardian voluntarily placed the child outside the child’s home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be considered a resident for school purposes in the school district in which the child resides because of the voluntary placement

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ORS 339.135 [1965 c.100 §287; 1967 c.507 §6; repealed by 1993 c.45 §117]

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ORS 339.137 Residency of student at youth care center. (1) Except as provided in subsection (2) of this section, 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

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ORS 339.139 Residency of military children; rules. (1) As used in this section

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ORS 339.140 [Repealed by 1965 c.100 §456]

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ORS 339.141 Tuition prohibited for regular school program; other programs. (1) For the purposes of this section

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ORS 339.145 [1965 c.100 §288; 1967 c.67 §9; 1971 c.494 §2; repealed by 1993 c.45 §120]

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ORS 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

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ORS 339.150 [Amended by 1957 c.256 §1; repealed by 1965 c.100 §456]

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ORS 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

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ORS 339.160 [Repealed by 1965 c.100 §456]

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ORS 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]

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ORS 339.170 [Repealed by 1965 c.100 §456]

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ORS 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]

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ORS 339.180 [Repealed by 1965 c.100 §456]

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ORS 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]

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ORS 339.190 [Repealed by 1965 c.100 §456]

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ORS 339.195 [1987 c.817 §2; 1991 c.780 §36; 1993 c.45 §122; 1993 c.676 §50; renumbered 336.580 in 1993]

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ORS 339.200 [Repealed by 1965 c.100 §456]

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ORS 339.205 [1991 c.833 §1; 1993 c.18 §90; 1993 c.33 §323; renumbered 336.585 in 1993]

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ORS 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

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ORS 339.250 Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies. (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 teachers’ authority

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ORS 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

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