Chapter 339 — Chapter 339
156 sections in this chapter.
ORS 339.253 [1979 c.739 §2; 1981 c.246 §3; 1987 c.675 §3; 1989 c.619 §3; renumbered 339.620 in 1989]
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[Repealed or reserved.]
ORS 339.254 [1995 c.656 §5; 2003 c.695 §1; 2005 c.209 §30; repealed by 2018 c.76 §17]
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[Repealed or reserved.]
ORS 339.255 [1979 c.836 §3; 1981 c.246 §4; renumbered 339.640 in 1989]
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[Repealed or reserved.]
ORS 339.256 Prohibition on restriction of access to specialized learning areas or certain common areas. (1) As used in this section
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(a) “Alternative education student” means a student who is part of a school or a separate class group that was designed to best serve the student’s educational needs and interests and to assist the student in achieving the academic standards of the school district and the state. …
ORS 339.257 [1999 c.789 §4; 2015 c.716 §3; 2017 c.701 §22; repealed by 2018 c.76 §17]
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[Repealed or reserved.]
ORS 339.260 [1965 c.100 §290; 1971 c.561 §4; 1985 c.514 §1; 1993 c.806 §5; 1995 c.656 §3; 2003 c.690 §1; repealed by 2011 c.313 §25]
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[Repealed or reserved.]
ORS 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 may determine the reasonable cost of repairing or replacing the school district property. If the cost is $50 or more, the school district may notify the student and the parent or guardian of the student about the cost and may 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
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(2) 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 fo…
ORS 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 student’s attendance in determining the student’s grade or deciding whether the student should be granted or denied credit. A student’s attendance shall not be the sole criterion for the reduction of a student’s grade. Such policies shall provide that prior to reduction of grade or denial of credit
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(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 …
ORS 339.285 Definitions for ORS 339.285 to 339.303. As used in ORS 339.285 to 339.303
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(1) “Public education program” means a program in this state that: (a) Is for students in early childhood education, elementary school or secondary school; (b) Is under the jurisdiction of a school district, an education service district or another educational institution or prog…
ORS 339.287 Exclusion of employees of youth correction facilities and juvenile detention facilities from ORS 339.285 to 339.303. An employee of a youth correction facility or a juvenile detention facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 who uses restraint or seclusion on a student in connection with a Youth Corrections Education Program or Juvenile Detention Education Program, as those terms are defined in ORS 326.695, is not subject to the prohibitions under ORS 339.285 to 339.303. [2023 c.495 §14]
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[Repealed or reserved.]
ORS 339.288 Prohibitions on use of certain restraints. (1) The use of the following types of restraint on a student in a public education program is prohibited
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(a) Chemical restraint. (b) Mechanical restraint. (c) Prone restraint. (d) Supine restraint. (e) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student’s movement, unless the restraint is necessary t…
ORS 339.291 Use of restraint or seclusion. (1) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program
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(2)(a) Restraint may be used on a student in a public education program only under the following circumstances: (A) The student’s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others; and (B) Less restrictive interventi…
ORS 339.294 Procedures following incident; notification; records. (1) Each entity that has jurisdiction over a public education program must establish procedures for the public education program to follow after an incident involving the use of restraint or seclusion
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(2) Following an incident involving the use of restraint or seclusion, the following must be provided to a parent or guardian of the student: (a) Verbal or electronic notification of the incident by the end of the school day when the incident occurred. (b) Written documentation o…
ORS 339.296 Determination that public education program is responsible for abuse. (1) As used in this section
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(a) “Behavior intervention plan” has the meaning given that term in ORS 343.154. (b) “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. (c) “Individualized education program” has the meaning …
ORS 339.297 Annual report. (1) Each entity that has jurisdiction over a public education program must prepare and submit to the Department of Education an annual report detailing the use of restraint and seclusion for the preceding school year, including, at a minimum
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(a) The total number of incidents involving restraint. (b) The total number of incidents involving seclusion. (c) The total number of seclusions in a locked room. (d) The total number of rooms available for use by the public education program for seclusion of a student and a desc…
ORS 339.300 Training programs. The Department of Education shall approve training programs in restraint and seclusion that
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(1) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of restraint or seclusion; (2) Provide evidence-based skills training related to positive behavior support, conflict prevention, de-escalation and crisis response techniques; and (3)…
ORS 339.303 Rules for complaints, investigations and seclusion rooms. The State Board of Education shall adopt by rule
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(1) A process for an organization or an individual to submit to the Superintendent of Public Instruction a written, signed complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303. The complaint must indicate that, prio…
ORS 339.308 Seclusion cell prohibition. (1) As used in this section
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(a) “Public education program” means a program that: (A) Is for students in early childhood education, elementary school or secondary school; (B) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and (C) R…
ORS 339.309 Required reports of employee injuries. (1) Each district school board shall establish a policy for the reporting of incidents that
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(a) Result in the injury of an employee of the school district; and (b) Are sustained while in the actual performance of the duty of the employee. (2) A policy established as provided by this section must align, to the extent practicable, with any existing reporting requirements.…
ORS 339.310 [1965 c.100 §291; repealed by 1973 c.728 §6]
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(Nonviolent Crisis Intervention)
ORS 339.311 Safe School Culture Grant program; certified instructors; grants; rules. (1) As used in this section, “certified instructor” means an individual who is certified as an instructor by the Crisis Prevention Institute’s Nonviolent Crisis Intervention program or by another program administered by a nationally recognized organization that provides training to certify individuals in nonviolent crisis intervention methods
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(2) The Department of Education shall establish and maintain the Safe School Culture Grant program. The purpose of the program is to develop a network of instructors who are certified in nonviolent crisis intervention methods to ensure that, for every 50 students in a school dist…
ORS 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]
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[Repealed or reserved.]
ORS 339.315 Report required if person has 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 person’s conduct immediately to a school administrator, school director, the administrator’s or director’s designee or law enforcement agency within the county. A school administrator, school director or the administrator’s or director’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 person’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 person’s conduct to a law enforcement agency within the county
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(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 rep…
ORS 339.317 Notice to school district of person charged with crime; immunity. (1)(a) No later than five days after a person under 18 years of age 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 or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall give notice of the charge to the school administrator of the school attended by the person or to the school administrator of the school district in which the person resides. For purposes of this section, “school administrator” has the meaning given that term in ORS 419A.305
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(b) The district attorney, city attorney or juvenile department shall include in the notice the following: (A) The crime with which the person is charged; (B) The name and date of birth of the person; (C) The names and addresses of the person’s parents or guardians; (D) The name …
ORS 339.319 Notice to school district of person convicted of crime; immunity. (1)(a) When a person under 18 years of age is convicted of a crime following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 (1)(b), the agency supervising the person or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall give notice of the conviction within five days following sentencing to the school administrator of the school attended by the person or to the school administrator of the school district in which the person resides. For purposes of this section, “school administrator” has the meaning given that term in ORS 419A.305
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(b) The agency supervising the person or the juvenile department shall include in the notice: (A) The name and date of birth of the person; (B) The names and addresses of the person’s parents or guardians; (C) The crime of conviction; (D) The sentence imposed; (E) The name and co…
ORS 339.320 [1965 c.100 §292; repealed by 1973 c.728 §6]
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[Repealed or reserved.]
ORS 339.321 Notice to school district and law enforcement agencies of release or discharge of person; immunity. (1) No later than 15 days before the release or discharge of a person committed to the legal custody of the Department of Corrections or the supervisory authority of a county following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the department or supervisory authority or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall notify the following of the release or discharge if the person is under 21 years of age at the time of the release
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(a) Law enforcement agencies in the community in which the person is going to reside; and (b) The school administrator of the school the person will attend or the school administrator of the school district in which the person will reside. (2) The department, supervisory authorit…
ORS 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 administrator as defined in ORS 419A.305 receives notice under ORS 339.317, 339.319, 339.321, 419A.015, 420.048 or 420A.122, the school administrator may disclose the information only to school personnel, as defined in ORS 339.326, who the school administrator 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
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(2) A school administrator or anyone employed by or acting on behalf of a school administrator who receives notice under ORS 339.317, 339.319, 339.321 or 420A.122 is not civilly or criminally liable for failing to disclose the information. [1999 c.620 §6; 2008 c.50 §7; 2009 c.447…
ORS 339.324 Disclosure of information related to safety threat action. (1) As used in this section, “safety threat action” means a response to a safety threat, as identified in ORS 339.405 (2)(a), that
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(a) Is initiated by a school in response to a safety threat; and (b) Is not a planned drill. (2) Each school district board shall adopt a policy for notifying the school community when a school takes a safety threat action. (3) The policy adopted under this section must require t…
ORS 339.325 [1999 c.576 §2; repealed by 2005 c.209 §40]
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[Repealed or reserved.]
ORS 339.326 Actions after receipt of notice under ORS 419A.305; transfers from outside state; enrollment in other school or program; confidentiality of information; use of information; immunity. (1) As used in this section
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(a) “School administrator” has the meaning given that term in ORS 419A.305. (b) “School personnel” means a person who is employed by or under contract with a school district, public charter school or private school to provide services to students, including but not limited to: (A…
ORS 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 superintendent’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
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(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 t…
ORS 339.329 Statewide tip line to report information concerning threats or potential threats to student safety; rules. (1) As used in this section
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(a) “Cyberbullying” and “harassment, intimidation or bullying” have the meanings given those terms in ORS 339.351. (b) “Local law enforcement contact” means a local law enforcement officer designated by the Department of State Police to be notified when the tip line receives a re…
ORS 339.330 [1965 c.100 §293; repealed by 1973 c.728 §6]
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(Center for School Safety)
ORS 339.331 Mission; duties; annual report; staff; funding. (1) There is created the Center for School Safety within the University of Oregon. The mission of the center shall be to
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(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 Depar…
ORS 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
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(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 …
ORS 339.336 Funding; Center for School Safety Account. (1) The University of Oregon may seek and accept contributions of funds and assistance from the United States, its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with ORS 339.331, 339.333 and 339.339. All such funds are to aid in financing the functions of the Center for School Safety and shall be deposited in the Center for School Safety Account and shall be disbursed for the purpose for which contributed
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(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 University of Oregon for the center shall be paid into the State Treasury and cr…
ORS 339.339 Collaboration between center and Department of Education. The Department of Education, in collaboration with the Center for School Safety, shall
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(1) Develop recommendations and statewide guidelines designed to improve the learning environment and student achievement and to reduce the dropout rate in the state’s public schools. (2) Identify successful strategies that are used in Oregon and other states to improve the learn…
ORS 339.340 [1965 c.100 §294; repealed by 1973 c.728 §6]
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(Student Safety and Suicide Prevention)
ORS 339.341 Statewide School Safety and Prevention System; rules. (1) As used in this section
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(a) “Cyberbullying” has the meaning given that term in ORS 339.351. (b) “Harassment, intimidation or bullying” has the meaning given that term in ORS 339.351. (c) “Suicidal behavior” includes: (A) Self-directed, injurious behavior with an intent to die as a result of the behavior…
ORS 339.343 Comprehensive district plans on student suicide prevention; rules. (1) This section shall be known and may be cited as Adi’s Act
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(2) In accordance with rules adopted by the State Board of Education in consultation with the Oregon Health Authority, each school district shall adopt a policy requiring a comprehensive district plan on student suicide prevention for students in kindergarten through grade 12. (3…
ORS 339.345 Requirement to have automated external defibrillator. Each school campus in a school district, private school campus and public charter school campus shall have on the premises at least one automated external defibrillator. [2010 c.62 §1]
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(Prohibitions on Discrimination)
ORS 339.347 Policies to address bias incidents and displays of symbols of hate. (1) As used in this section
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(a)(A) “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is imposs…
ORS 339.350 [1965 c.100 §295; repealed by 1973 c.728 §6]
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(Harassment, Intimidation and Bullying)
ORS 339.351 Definitions for ORS 339.351 to 339.364. As used in ORS 339.351 to 339.364
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(1) “Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully. (2) “Harassment, intimidation or bullying” means any act that: (a) Substantially interferes with a student’s educational benefits, opportunities or performance; (b) Takes plac…
ORS 339.353 Findings. (1) The Legislative Assembly finds that
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(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 student’s ability to learn and a school’s ab…
ORS 339.356 District policy required. (1) Each school district shall adopt a policy prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. School districts shall develop the policy after consultation with parents, guardians, school employees, volunteers, students, administrators and community representatives
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(2) School districts must 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) Definiti…
ORS 339.359 Training programs; prevention task forces, programs and other initiatives. (1) School districts must incorporate into existing training programs for students and school employees information related to
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(a) The prevention of, and the appropriate response to, acts of harassment, intimidation and bullying and acts of cyberbullying; and (b) The policy adopted under ORS 339.356. (2) School districts are encouraged to form task forces and to implement programs and other initiatives t…
ORS 339.360 [1965 c.100 §296; repealed by 1973 c.728 §6]
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[Repealed or reserved.]
ORS 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
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(2)(a) A school employee 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 must report the act to the appropriate school official designated by the school district’s policy. (b)…