28 chapters · 1,856 sections in this title.
ORS 339.005 Definition for ORS 339.040 and 339.125
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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…
ORS 339.010 School attendance required
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(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. (2) All children five years of age who have been enrolled in a pu…
ORS 339.020 Duty to send children to school
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(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 sch…
ORS 339.030 Exemptions from compulsory school attendance; rules
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(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 kindergarten through grade 12 in the public schools and in attendance for a period equ…
ORS 339.035 Teaching by private teacher, parent or guardian; rules
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(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 (2) When a child is taught or is withdrawn from a public school to be taught by a parent, legal guardian or private t…
ORS 339.040 Attendance supervisors
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(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 direc…
ORS 339.055 Duties of attendance supervisors
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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. [Forme…
ORS 339.065 Estimates of attendance; irregular attendance; excused absences
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(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 per…
ORS 339.071 Attendance notification policy
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(1) Each district school board shall adopt an attendance notification policy that satisfies the requirements of this section. (2) An attendance notification policy must: (a) Be implemented by each school in the school district; and (b) Require that each school ensure that a paren…
ORS 339.080 Nonattendance notice to parents, school officials and parole or probation officer
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(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 …
ORS 339.090 Determination of compliance; notice to district superintendent
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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, with…
ORS 339.095 Required procedures related to violations of certain school attendance requirements; rules
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(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 339.99…
ORS 339.115 Admission of students; waiver; denial
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(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 per…
ORS 339.119 Prohibition of payment as incentive to receive educational services; exceptions
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(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 distri…
ORS 339.122 Disclosures in promotional materials
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(1) As used in this section, virtual public school means a public school that: (a) Provides online courses; and (b) Does not primarily serve students in a physical location. (2) In any advertising or other promotional materials of a virtual public school, including a virtual pu…
ORS 339.125 Contract for admission of nonresident pupils; costs
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(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 o…
ORS 339.127 Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements
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(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 edu…
ORS 339.128 Factors prohibited from consideration when admitting tuition-paying nonresident student
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(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 progr…
ORS 339.129 Education for children in local or regional correctional facilities required; funding; notice to district; access
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(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…
ORS 339.133 Determination of residency of student for school purposes
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(1) As used in this section: (a)(A) Foster care means substitute care for children placed by the Department of Human Services or a tribal child welfare agency away from their parents and for whom the department or agency has placement and care responsibility, including placemen…
ORS 339.134 Residency of child voluntarily placed outside childs home and living in substitute care program
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(1) Except as provided by subsection (2) of this section, a child whose parent or guardian voluntarily placed the child outside the childs home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be considered a re…
ORS 339.137 Residency of student at youth care center
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(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. (2) …
ORS 339.139 Residency of military children; rules
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(1) As used in this section: (a) Military child means a child who is in a military family covered by the Interstate Compact on Educational Opportunity for Military Children, as determined under rules adopted by the State Board of Education. (b) Military transfer means the tra…
ORS 339.141 Tuition prohibited for regular school program; other programs
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(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 that is provided in the schools of the school district, including public charter schools, and that is provid…
ORS 339.147 When tuition authorized; waiver of tuition and fees
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(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…
ORS 339.155 Prohibitions of certain fees as condition of admission; allowable fees
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(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 …
ORS 339.240 Rules of student conduct, discipline and rights; duties of state board and district school boards
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(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 …
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
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(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. (2) Each district school board shall adopt written policies for the discipline, suspen…
ORS 339.252 Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures
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(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 childs current edu…
ORS 339.256 Prohibition on restriction of access to specialized learning areas or certain common areas
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(1) As used in this section: (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 students educational needs and interests and to assist the student in achieving the academic standards of the sc…
ORS 339.270 Assessment of costs of school property damage against responsible student or parents or guardian; notice; action to recover
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(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…
ORS 339.280 Student grading policies; consideration of attendance allowed; policy content
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Each school district board may establish student grading policies that permit teachers to consider a students attendance in determining the students grade or deciding whether the student should be granted or denied credit. A students attendance shall not be the sole criterion …
ORS 339.285 Definitions for ORS 339.285 to 339.303
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As used in ORS 339.285 to 339.303: (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 anot…
ORS 339.287 Exclusion of employees of youth correction facilities and juvenile detention facilities from ORS 339.285 to 339.303
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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 Pr…
ORS 339.288 Prohibitions on use of certain restraints
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(1) The use of the following types of restraint on a student in a public education program is prohibited: (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 …
ORS 339.291 Use of restraint or seclusion
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(1) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program. (2)(a) Restraint may be used on a student in a public education program only under the following circumstances:…
ORS 339.294 Procedures following incident; notification; records
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(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. (2) Following an incident involving the use of restraint or seclusion, the fol…
ORS 339.296 Determination that public education program is responsible for abuse
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(1) As used in this section: (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 educat…
ORS 339.297 Annual report
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(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: (a) The total number of incidents inv…
ORS 339.300 Training programs
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The Department of Education shall approve training programs in restraint and seclusion that: (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…
ORS 339.303 Rules for complaints, investigations and seclusion rooms
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The State Board of Education shall adopt by rule: (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 …
ORS 339.308 Seclusion cell prohibition
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(1) As used in this section: (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 inst…
ORS 339.309 Required reports of employee injuries
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(1) Each district school board shall establish a policy for the reporting of incidents that: (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 …
ORS 339.311 Safe School Culture Grant program; certified instructors; grants; rules
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(1) As used in this section, certified instructor means an individual who is certified as an instructor by the Crisis Prevention Institutes Nonviolent Crisis Intervention program or by another program administered by a nationally recognized organization that provides training …
ORS 339.312 Safe school alliance
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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]
ORS 339.315 Report required if person has unlawful firearm or destructive device; immunity; law enforcement investigation required
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(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 OR…
ORS 339.317 Notice to school district of person charged with crime; immunity
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(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 fo…
ORS 339.319 Notice to school district of person convicted of crime; immunity
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(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 req…
ORS 339.321 Notice to school district and law enforcement agencies of release or discharge of person; immunity
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(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 author…
ORS 339.323 Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person; immunity
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(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 d…