Chapter 339 — Chapter 339
156 sections in this chapter.
ORS 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]
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(Teen Dating Violence and Domestic Violence)
ORS 339.366 Required policies on teen dating violence and domestic violence. (1) As used in this section
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(a) “Dating” or “dating relationship” means an ongoing social relationship of a romantic or intimate nature between two persons. “Dating” or “dating relationship” does not include a casual relationship or ordinary fraternization between two persons in a business or social context…
ORS 339.368 Posters regarding domestic violence; rules. (1) The Department of Education shall provide school districts and, upon request, private schools with posters containing information in both English and Spanish regarding domestic violence and at least one toll-free hotline telephone number that a student may call to obtain information and help regarding domestic violence
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(2) A private school may choose to not request posters under subsection (1) of this section. If a private school chooses to not request posters under subsection (1) of this section, the private school must create or use posters that: (a) Are written in plain language that is easy…
ORS 339.370 Definitions for ORS 339.370 to 339.400. As used in ORS 339.370 to 339.400
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(1) “Abuse” has the meaning given that term in ORS 419B.005. (2) “Agent” means a person acting as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with students. (3) “Commission licensee” has the meaning given that term …
ORS 339.372 Policies of school boards on reporting of suspected abuse and suspected sexual conduct. Each school board shall adopt policies on the reporting of suspected abuse and suspected sexual conduct by school employees, contractors, agents and volunteers and the reporting of suspected abuse by students. The policies shall
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(1) Specify that abuse and sexual conduct by school employees, contractors, agents and volunteers and abuse by students are not tolerated. (2) Specify that all school employees, contractors, agents, volunteers and students are subject to the policies. (3) Require all school emplo…
ORS 339.374 Required background checks by education providers. (1) Except as provided in ORS 339.384, before an education provider may hire an applicant for a position with the education provider as a school employee, the education provider shall
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(a) Require the applicant to provide: (A) A list of the applicant’s current and former employers who are education providers. (B) A written authorization that authorizes education providers identified in subparagraph (A) of this paragraph to disclose the information requested und…
ORS 339.375 [2005 c.367 §3; 2007 c.233 §1; 2009 c.93 §4; renumbered 339.388 in 2009]
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[Repealed or reserved.]
ORS 339.377 [2007 c.501 §2; 2009 c.93 §5; renumbered 339.400 in 2009]
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[Repealed or reserved.]
ORS 339.378 Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline. (1)(a) Not later than 20 days after receiving a request under ORS 339.374 (1)(b), an education provider that has or has had an employment relationship with the applicant shall disclose the information requested
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(b) An education provider may disclose the information on a standardized form and is not required to provide any additional information related to a substantiated report of abuse or sexual conduct other than the information that is required by ORS 339.374 (1)(b). (c) Information …
ORS 339.384 Prohibitions and allowances related to hiring of applicant to be school employee. (1) An education provider may not hire an applicant to be a school employee if the applicant does not comply with the requirements of ORS 339.374 (1)(a). A refusal by the education provider to hire an applicant under this subsection removes the applicant from any education provider policies, any collective bargaining provisions regarding dismissal procedures and appeals and any provisions of ORS 342.805 to 342.937
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(2) An education provider may hire an applicant to be a school employee on a conditional basis pending the education provider’s review of information received under ORS 339.378 (1). (3) An education provider may not deny an applicant employment solely because: (a) An education pr…
ORS 339.388 Report of abuse or sexual conduct; investigation; appeal process; disclosure of records. (1)(a) A school employee shall immediately submit a report as provided by paragraph (b) of this subsection if the school employee has reasonable cause to believe that
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(A) A student has been subjected to abuse by another school employee or by a contractor, an agent, a volunteer or a student; (B) A student has been subjected to sexual conduct by another school employee or by a contractor, an agent or a volunteer; or (C) Another school employee o…
ORS 339.389 Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules. (1) When the Department of Education receives from the Department of Human Services notification of a report of abuse or receives a report on the outcomes of an investigation of abuse, as provided by ORS 419B.019 or 419B.020, and the notification or report involves a child and a person who is a school employee, contractor, agent or volunteer, the Department of Education may notify, as soon as practicable, any education provider that the Department of Education determines must be notified to ensure the safety of children
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(2) When providing notice to an education provider under subsection (1) of this section, the Department of Education: (a) Shall include any information the department determines is necessary to ensure the safety of children, including the name of the school and the name of the pe…
ORS 339.390 Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules. (1)(a) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct that may have been committed by a commission licensee, the commission shall immediately initiate an investigation
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(b) An investigation and final determination related to a report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was…
ORS 339.391 Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules. (1)(a) When the Department of Education receives a report of suspected sexual conduct that may have been committed by a school employee, contractor, agent or volunteer that is not a commission licensee, the department shall immediately initiate an investigation. The department may investigate and make a final determination for any person who provided services as a school employee, a contractor, an agent or a volunteer within two calendar years prior to when the suspected sexual conduct was committed
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(b) An investigation and final determination related to the report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report w…
ORS 339.392 Prohibitions against certain agreements and contracts. (1) An education provider may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any similar contract or agreement that
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(a) Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a report of suspected abuse or suspected sexual conduct; (b) Has the effect of suppressing information relating to a substantiated …
ORS 339.396 Effect on causes of action. Nothing in ORS 339.370 to 339.400 creates a new public or private cause of action or precludes an existing cause of action. [2009 c.93 §11]
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[Repealed or reserved.]
ORS 339.400 Training. (1) An education provider shall provide to school employees each school year training on
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(a) The prevention and identification of abuse and sexual conduct; (b) The obligations of school employees under ORS 339.388 and 419B.005 to 419B.050 and under policies adopted by the school board to report suspected abuse and suspected sexual conduct; and (c) Appropriate electro…
ORS 339.405 Comprehensive safety program; rules. (1) As used in this section
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(a) “Evacuate” means a procedure used when students and staff need to move from one location to another. (b) “Hold” means a procedure used to keep students and staff in classrooms while a disruption or minor emergency is resolved. (c) “Lockdown” means a procedure used when a thre…
ORS 339.408 Emergency safeguards; required drills and instruction; school building security. (1) As used in this section, “school” means any
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(a) Kindergarten through grade 12 public or private school, including a public charter school; or (b) Educational institution having an average daily attendance of 50 or more students. (2) Every school is required to have emergency safeguards to protect the safety and well-being …
ORS 339.410 [1965 c.100 §297; repealed by 1979 c.228 §1]
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RELIGIOUS INSTRUCTION
ORS 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]
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[Repealed or reserved.]
ORS 339.430 [Formerly 326.058; 2001 c.104 §114; 2001 c.368 §1; 2003 c.184 §1; repealed by 2011 c.313 §25]
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INTERSCHOLASTIC ACTIVITIES
ORS 339.450 Prohibited grounds for denying participation in interscholastic athletics. A school, school district or association, whether public or private, may not deny any grade or high school student the right to participate in interscholastic athletics solely on the ground that the student
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(1) Transferred between schools; (2) Attends a public charter school, as defined in ORS 338.005; (3) Participated in athletics at another school; or (4) Is eligible to attend school under ORS 339.115 (1) and is enrolled in a program to earn a certificate for passing an approved h…
ORS 339.460 Participation in interscholastic activities by high school equivalency student, homeschooled student or student who attends public charter school; fees. (1) As used in this section
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(a) “High school equivalency program” means a program provided to assist a student in earning a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test. (b) “High school equivalency student” means a student who is el…
ORS 339.505 Definitions for ORS 339.505 to 339.520; rules
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(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 requirem…
ORS 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
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(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 de…
ORS 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
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(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]
ORS 339.520 Information required on certain students who withdraw from school. (1) This section provides the minimum information to be reported on students who withdraw from school prior to becoming graduates and who
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(a) Do not transfer to another educational system; (b) Are awarded a certificate of attendance after grade 12; or (c) Move to a transition program for students with disabilities without first being awarded a modified diploma or an extended diploma. (2) The minimum information to …
ORS 339.605 [1987 c.675 §1; renumbered 336.615 in 1993]
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[Repealed or reserved.]
ORS 339.615 [1987 c.675 §2; renumbered 336.625 in 1993]
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[Repealed or reserved.]
ORS 339.620 [Formerly 339.253; 1991 c.780 §21; 1993 c.45 §126; renumbered 336.635 in 1993]
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[Repealed or reserved.]
ORS 339.623 [Formerly 343.187; renumbered 336.640 in 1993]
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[Repealed or reserved.]
ORS 339.625 [1987 c.675 §4; renumbered 336.645 in 1993]
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[Repealed or reserved.]
ORS 339.635 [1987 c.675 §5; renumbered 336.655 in 1993]
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[Repealed or reserved.]
ORS 339.640 [Formerly 339.255; renumbered 336.665 in 1993]
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TRAFFIC PATROL
ORS 339.650 “Traffic patrol” defined for ORS 339.650 to 339.665. 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]
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[Repealed or reserved.]
ORS 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)
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(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 a…
ORS 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
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(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 patr…
ORS 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
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(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]
ORS 339.860 [Formerly 332.790; 2007 c.858 §69; renumbered 339.877 in 2007]
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[Repealed or reserved.]
ORS 339.865 [Formerly 336.660; renumbered 339.883 in 2007]
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ADMINISTRATION OF MEDICATION TO STUDENTS
ORS 339.866 Self-administration of medication by students. (1) As used in this section
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(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 student’s Oregon licensed health care professional for asthma or…
ORS 339.867 Definitions for ORS 339.869 and 339.870. As used in ORS 339.869 and 339.870
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(1)(a) “Medication” means: (A) Medication that is not injected; (B) Premeasured doses of epinephrine that are injected; (C) Medication that is available for treating adrenal insufficiency; and (D) Naloxone or any similar medication that is in any form available for safe administr…
ORS 339.869 Administration of medication and short-acting opioid antagonists; information to parents; rules. (1) The State Board of Education, in consultation with the Oregon Health Authority, the Oregon State Board of Nursing and the State Board of Pharmacy, shall adopt
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(a) 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. (b) Rules for the administra…
ORS 339.870 Liability of school personnel administering medication or short-acting opioid antagonist. (1)(a) 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 student pursuant to written permission and instructions of the student’s parents or guardian
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(b) A school administrator, teacher or other school employee may administer a short-acting opioid antagonist to a student who experienced or is experiencing an opioid overdose without written permission and instructions of the student’s parents or guardian. (2)(a) A school admini…
ORS 339.871 Liability of school personnel for student self-administering medication or for student or individual unable to self-administer 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 student’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 student’s Oregon licensed health care professional, in good faith assists the student’s self-administration of the medication, if the medication is available to the student pursuant to written permission and instructions of the student’s parent, guardian or Oregon licensed health care professional
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(2) 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 the use of medication if the school administrator, school nurse, teacher or other school employ…
ORS 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
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(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 determ…
ORS 339.874 Use of sun-protective clothing and sunscreen. (1) Each school district shall allow the following during school hours, at a school-sponsored activity or while under the supervision of school personnel
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(a) The outdoor use by students of sun-protective clothing, including hats. (b) The application of and use by students of nonprescription sunscreen, including sunscreen that contains para-aminobenzoic acid, without any required documentation from a licensed health care profession…
ORS 339.875 Procurement, display and salute of flags. (1) Each district school board and public charter school governing body shall
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(a) Procure a United States flag and an Oregon State flag of suitable sizes and shall cause the flags to be displayed upon or near each school building under the control of the board or used by the governing body: (A) During school hours, except in unsuitable weather; and (B) At …
ORS 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 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
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(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 avai…