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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 30 EDUCATION AND CULTURE
Chapter : Chapter 336 Conduct of Schools Generally
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(1) The common school month consists of 20 days.
(2) No pupil shall be required to attend school on any Saturday or
on any legal school holiday. Except as otherwise specifically provided in
this section, a legal school holiday is any holiday specified in ORS
187.010.
(3) Days on which an election is held throughout the state shall be
school holidays only for such schools in which the sole schoolroom is
used for election purposes.
(4) The following days are not school holidays, but a portion of
the days shall be set apart and observed in the public schools by
appropriate activities:
(a) Lincoln’s Birthday on February 12.
(b) Admission of Oregon into the Union on February 14.
(c) Washington’s Birthday on February 22.
(d) Columbus Day on October 12.
(5) On January 15, Martin Luther King, Jr.’s actual date of birth,
a portion of the day shall be set apart and observed in the public
schools by appropriate activities.
(6) Martin Luther King, Jr.’s Birthday, designated in ORS 187.010
as the third Monday in January, shall be a legal school holiday. However,
notwithstanding subsection (8) of this section, whether or not there
shall be compensation of school employees shall be at the discretion of
the school board or covered by a collective bargaining agreement.
(7) Presidents Day, designated in ORS 187.010 as the third Monday
in February, is not a legal school holiday.
(8) No teacher shall be required to teach on any Saturday, except
as provided in the terms of the teacher’s employment, or on any legal
school holiday. When a holiday occurs on what would otherwise be a school
day, teachers shall be allowed full pay for the holiday.
(9) No subject required for graduation shall be taught on Saturday
only. [Amended by 1961 c.226 §1; 1965 c.100 §221; 1981 c.450 §2; 1985
c.518 §3; 1989 c.1027 §1; 1997 c.249 §96] A district school
board may adopt a class schedule that operates throughout the year for
all or any schools in the district but may not require a student to
attend the entire year. [1971 c.395 §1] (1) The first full week in April shall be known
as Arbor Week. In order that pupils in the public schools shall be made
better aware of the benefits of the preservation and perpetuation of
forests and the growing of timber and of the environment, the district
school board shall cause to be conducted, during school hours, activities
which tend to encourage the planting, protection and preservation of
trees and shrubs and a greater understanding of the environment and means
for preserving and improving it.
(2) The Superintendent of Public Instruction, with the approval of
the State Board of Education and with the technical assistance of the
State Forester, may prescribe and alter a schedule of activities and
instruction to be observed during Arbor Week.
(3) The State Forester or person in charge of the state tree
nurseries may release for use by schools upon application thereof
seedlings that would otherwise be destroyed. [Formerly 336.350; 1971 c.83
§1; 1983 c.158 §1] 336.023 History of Oregon Statehood Week. (1) The week of May 2
shall be known as the History of Oregon Statehood Week to commemorate May
2, 1843, as the date that settlers met at Champoeg to form a provisional
government.
(2) The State Board of Education is encouraged to develop and adopt
curriculum to commemorate the formation of the provisional government at
Champoeg and the significant events that led to Oregon becoming the 33rd
state and to honor the participants in the events.
(3) The public schools may set aside time during school hours in
the week of May 2 to implement the curriculum described in subsection (2)
of this section. [1993 c.124 §1] The second week in March shall be
known as Women in History Week. During school hours in Women in History
Week, time shall be set apart for instruction and appropriate activities
in commemoration of the lives, history and achievements of women in
history, including Frances E. Willard and women in Oregon history.
[Formerly 336.370; 1983 c.155 §1]
(1) The
district school board shall see that the courses of study prescribed by
law and by the rules of the State Board of Education are carried out. The
board may establish supplemental courses that are not inconsistent with
the prescribed courses and may adopt courses of study in lieu of state
courses of study upon approval by the Superintendent of Public
Instruction.
(2) Any district school board may establish a course of education
concerning sexually transmitted diseases including recognition of causes,
sources and symptoms, and the availability of diagnostic and treatment
centers. Any such course established may be taught to adults from the
community served by the individual schools as well as to students
enrolled in the school. The board shall cause the parents or guardians of
minor students to be notified in advance that the course is to be taught.
Any such parent or guardian may direct in writing that the minor child in
the care of the parent or guardian be excused from any class within the
course. Any parent or guardian may inspect the instructional materials to
be used before or during the time the course is taught.
(3) The district school board shall coordinate the course provided
in subsection (2) of this section with the officials of the local health
department and the Superintendent of Public Instruction. Teachers holding
endorsements for health education shall be used where available. No
teacher shall be subject to discipline or removal for teaching or
refusing to teach courses concerning sexually transmitted diseases.
[Formerly 336.225; 1967 c.67 §26; 1967 c.200 §6; 1973 c.565 §1; 1993 c.45
§74; 2005 c.209 §21]
In
all public schools courses of instruction shall be given in the
Constitution of the United States and in the history of the United
States. These courses shall:
(1) Begin not later than the opening of the eighth grade and shall
continue in grades 9 through 12.
(2) Be required in all state institutions of higher education,
except the Oregon Health and Science University, and in all state and
local institutions that provide education for patients or inmates to an
extent to be determined by the Superintendent of Public Instruction.
[Formerly 336.230; 1977 c.226 §1; 1999 c.1023 §1] 336.067 Instruction in ethics and morality. (1) In public schools
special emphasis shall be given to instruction in:
(a) Honesty, morality, courtesy, obedience to law, respect for the
national flag, the Constitution of the United States and the Constitution
of the State of Oregon, respect for parents and the home, the dignity and
necessity of honest labor and other lessons that tend to promote and
develop an upright and desirable citizenry.
(b) Respect for all humans, regardless of race, color, creed,
national origin, religion, age, sex or disability.
(c) Acknowledgment of the dignity and worth of individuals and
groups and their participative roles in society.
(d) Humane treatment of animals.
(e) The effects of tobacco, alcohol, drugs and controlled
substances upon the human system.
(2) The Superintendent of Public Instruction shall prepare an
outline with suggestions that will best accomplish the purpose of this
section, and shall incorporate the outline in the courses of study for
all public schools. [Formerly 336.240; 1975 c.531 §1; 1979 c.744 §13;
1993 c.45 §75; 2005 c.209 §22]
(1) All schools are required to instruct and drill students on
emergency procedures so that the students may respond to an emergency
without confusion or panic. The emergency procedures shall include drills
and instruction on fires and earthquakes. In addition, schools that are
in a coastal zone shall include tsunami drills and instruction as part of
the earthquake drills and instruction.
(2)(a) Drills and instruction on fire emergencies shall include
routes and methods of exiting the school building.
(b) Drills and instruction on earthquake emergencies shall include
methods of “duck, cover and hold” during the earthquake. Drills and
instruction on tsunami emergencies shall include immediate evacuation
after an earthquake when appropriate or after a tsunami warning to
protect students against inundation by tsunamis.
(3) At least 30 minutes in each school month shall be used to
instruct students on fire, earthquake, and where appropriate, tsunami
dangers and drills. At least two drills on earthquakes shall be conducted
each year. In schools in a coastal zone, at least three drills on
earthquakes and tsunamis shall be conducted each year.
(4) All schools shall maintain all exit doors so that the doors can
be opened from the inside without a key during school hours.
(5) Units of local government and state agencies associated with
emergency procedures training and planning shall assist schools in the
instruction and drilling of students in emergency procedures.
(6) As used in this section, “school” means any:
(a) Kindergarten through grade eight public or private school; or
(b) Educational institution having an average daily attendance of
50 or more students. [1995 c.312 §2 (enacted in lieu of 336.072); 1997
c.521 §9] Instruction in
all subjects in public, private and parochial schools shall be conducted
primarily in English, except:
(1) Instruction in foreign languages.
(2) Instruction may be conducted in more than one language in order
that pupils whose native language is other than English can develop
bilingual skills to make an early and effective transition to English and
benefit from increased educational opportunities. [1971 c.326 §2] Specific
courses to teach speaking, reading and writing of the English language
shall be provided at kindergarten and each grade level to those children
who are unable to profit from classes taught in English. Such courses
shall be taught to such a level in school as may be required until
children are able to profit from classes conducted in English. [1971
c.326 §3; 1993 c.45 §77]
(1) All school districts providing courses pursuant to ORS
336.079 shall afford the licensed personnel of that district that are
assigned to perform teaching duties for such courses an opportunity to
qualify to assist non-English-speaking students to learn English at no
cost to the personnel.
(2) Nothing in this section prevents a district from employing
licensed personnel who are qualified to teach courses under ORS 336.079.
[Formerly 342.609] (1) The State
Board of Education shall encourage the development and implementation of
curriculum for public elementary and secondary schools in Oregon that
will improve instructional effectiveness or efficiency and that does not
discriminate.
(2) The State Board of Education shall stimulate the development of
nondiscriminatory courses of study or parts of courses to improve
instructional effectiveness or efficiency in public elementary and
secondary schools in Oregon. The board may direct the Department of
Education or contract with appropriate public educational agencies to
develop program materials and to establish a mechanism for the purpose of
introducing the materials and implementing the techniques.
(3) As used in subsection (1) of this section, “discriminate” has
the meaning given “discrimination” in ORS 659.850. [1975 c.423 §§1, 2;
1989 c.491 §23; 1993 c.45 §78] The
projects authorized by ORS 336.082 should be designed to:
(1) Develop and test nondiscriminatory courses of study or parts of
courses which feature predictable student achievement of prestated
student performance objectives.
(2) Stimulate the implementation of innovative approaches to
instruction within the various schools, providing training programs as
necessary to familiarize faculty and administrators with newly developed
instructional methodology.
(3) Be capable of objective evaluation within two years of
commencement. [1975 c.423 §3] (1)
The Department of Education shall prepare and make available to the
educational community a comprehensive educational program affecting
appropriate parts of the curriculum, to:
(a) Improve dispute and conflict resolution skills and encourage
creative problem solving;
(b) Provide understanding of other cultures and the roots and
nature of conflict between cultures;
(c) Communicate insight into how attitudes are formed and decisions
are made; and
(d) Present to students, as is appropriate to their ages, a
balanced discussion of the following topics:
(A) The history of the arms race;
(B) The short, intermediate and long-term dangers of the use of
modern weapons of mass destruction;
(C) The changing nature of armed conflict; and
(D) The effect of the arms race on national and local economies.
(2) A school district may adopt or modify and implement the
educational program described in subsection (1) of this section at the
district’s discretion. [1987 c.417 §§1, 2; 1993 c.45 §79; 1995 c.79 §182]ADDITIONAL PROGRAMS As used in ORS
336.092 and 336.095, unless the context requires otherwise:
(1) “Kindergarten child” means a child five years of age or whose
fifth birthday occurs on or before September 1 or who has been admitted
by the district school board under ORS 336.095 (2).
(2) “Kindergarten facilities” includes physical facilities,
supplies, equipment and personnel suitable for the education and training
of kindergarten children.
(3) “Physical facilities” includes but is not limited to public
school buildings, rented buildings which meet health and safety standards
or homes used in school district sponsored programs. [1973 c.707 §2; 1987
c.283 §1; 1993 c.45 §80](1) The district school board of every common school district
shall provide kindergarten facilities free of charge for the kindergarten
children residing in the district by operating such facilities either
singly or jointly with other districts or by contracting with public or
private providers that conform to standards adopted by rule by the State
Board of Education.
(2) However, nothing in this section prevents a district school
board from admitting free of charge a child who is a resident of the
district and 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, even though the child has not attained the minimum
age requirement.
(3) Kindergartens established under subsection (1) of this section
shall be funded in the same manner as other schools of the district are
funded.
(4) Kindergartens are an integral part of the public school system
of this state. [1973 c.707 §3; 1981 c.543 §1; 1993 c.45 §81; 2005 c.22
§232] A district
school board is encouraged to develop a course of study to instruct high
school students on parental skills and child development. [1993 c.257 §1](1) After consultation with appropriate agencies and
officials including the Department of Education, each school district is
encouraged to develop and adopt a comprehensive policy to reduce gang
involvement, violent activities and drug abuse by public school students
in the school district, including but not limited to:
(a) A statement that evaluates:
(A) The nature and extent of gang involvement, violent activities
and drug abuse by public school students of the school district; and
(B) The impact of gang involvement, violent activities and drug
abuse on the ability of public schools in the school district to meet
curriculum requirements and improve the attendance of public school
students.
(b) A statement that emphasizes the need to reduce gang
involvement, violent activities and drug abuse by public school students.
(c) Strategies to reduce gang involvement, violent activities and
drug abuse by students of the school district considering the needs of
the public school students.
(d) Methods to communicate conflict resolution skills to the
teachers and public school students of the school district.
(e) Strategies to inform the teachers of the school district, the
parents of public school students and the public about the policy the
school district developed pursuant to this section.
(2) As used in this section, “gang” means a group that identifies
itself through the use of a name, unique appearance or language,
including hand signs, the claiming of geographical territory or the
espousing of a distinctive belief system that frequently results in
criminal activity. [1993 c.421 §1] (1) The
Superintendent of Public Instruction shall direct the Department of
Education to increase efforts to:
(a) Evaluate the distribution of ethnic, racial and cultural
backgrounds of the public school students of Oregon and the use of
demographic data by school districts for curricula and program planning
as reflected in school districts’ consolidated improvement plans;
(b) Examine strategies to inform school district boards, school
administrators, teachers, parents of students and the public about
multicultural and diversity laws and policies;
(c) Identify and review exemplary multicultural curricula for
different grade levels based on the needs of Oregon’s public school
students;
(d) Identify and review strategies to integrate a multicultural
education program with other education programs of school districts; and
(e) Evaluate how current laws on diversity and multicultural
education are being implemented and applied at the state and school
district levels.
(2) The superintendent shall:
(a) Seek federal and other funds to develop and implement
multicultural education;
(b) Seek federal and other funds to provide funding and technical
support for school districts to develop and implement multicultural
curricula and educational programs; and
(c) Report to the State Board of Education on the funds available,
the success in obtaining funds, the plans to develop and implement
multicultural education and the development of a system for evaluation.
(3) The superintendent may appoint an advisory committee to
accomplish the requirements of this section. The superintendent and the
advisory committee shall seek and incorporate input from the business
community, educators and minority representatives that reflect the
demographics and geographic regions of this state. [1999 c.1042 §1] (1)
Every public kindergarten through grade 12 school may include in its
curriculum a unit of instruction on the causes and effects of mass
starvation in mid-19th century Ireland. This historical period is known
as the “Irish Famine.”
(2) The Department of Education shall prepare and make available to
all school district boards a model curriculum that may be used as a
guideline for developing units of instruction under this section. [1999
c.516 §1] (1) The district school
board of any school district in which reside or are employed, or both, at
least 15 employed children between the ages of 14 and 18 years shall, and
any district school board may, provide classes for such employed children.
(2) The State Board of Education shall adopt rules governing the
organization and administration of classes and shall expend from the
funds available for the promotion of professional technical education
such sums of money as are necessary for the classes. [1965 c.100 §232;
1993 c.45 §83] (1) Any district school
board may provide for the establishment of classes for adult education.
The board may employ personnel for the purpose of establishing and
maintaining classes for adults on the fundamental principles of
democratic government, English language, citizenship, public affairs,
arts and crafts, general cultural subjects, adult recreation and other
subjects that the State Board of Education may authorize. The classes
shall be conducted in the English language, except as the needs for
teaching a foreign language may require otherwise.
(2) The district school board may establish a fee schedule for the
classes and collect fees from persons enrolled in the adult education
program of the district. The fees shall be used for the support or
encouragement of adult education.
(3) The classes shall be subject to the rules of the district
school board, shall be organized to meet the needs of the adults in the
district and, as far as practicable, shall be held at times and places
that are most convenient and accessible to the members of the classes.
[1965 c.100 §233; 1967 c.67 §6; 2005 c.209 §23] In addition to regular
courses of study, any district school board may make available to its
students extended educational experiences through public and private
community agencies when such experiences can be provided by the agencies
more appropriately or at a lesser cost than by the school district.
Programs under this section may include but are not limited to work
experience programs conducted on a contractual basis with individual
employers or employer groups. [1967 c.200 §4]School districts are encouraged to implement
programs to improve student performance and school personnel satisfaction
such as the Initiative for Quality in Education developed by Portland
General Electric. The programs shall allow schools to achieve their
individual and unique goals as reflected by their local communities, as
well as the broader objectives embodied in statewide education goals.
[2001 c.959 §1] (1) Subject to the
approval of the State Board of Education, the Department of Education
shall develop curriculum guidelines for community service programs and
make such guidelines available for use in school districts. The
guidelines shall:
(a) Encourage students to develop an ethic of helping others
through voluntary efforts.
(b) Demonstrate the reciprocal benefits and obligations of
citizenship.
(c) Incorporate community service practicums.
(d) Provide students with opportunities to prepare for and reflect
upon their service experience.
(2) The guidelines developed under subsection (1) of this section
shall:
(a) Be structured to encourage school districts to give credit to
those students who perform community service.
(b) Prohibit school-sponsored student involvement in advocacy
organizations or political groups.
(3) On an annual basis, the Department of Education shall review
and report to the State Board of Education on the status of community
service education programs operating throughout the state. [1989 c.663
§§1,2](1) It is state policy for all school districts
to foster an atmosphere of student commitment to excellence in education,
recognizing excellence in academics and excellence in citizenship.
(2) Each school district shall determine the activities necessary
to qualify for special recognition of student achievement.
(3) In implementing the state policy, and after consultation with
the student body, an elementary or secondary school shall offer special
recognition as appropriate. Special recognition may include, but need not
be limited to:
(a) Reduced admission to athletic events;
(b) Discount on school yearbook;
(c) Discount on student store merchandise;
(d) Free or discounted school parking permits;
(e) Free or discounted tickets to student events;
(f) Exemption from a limited number of semester finals;
(g) Academic “Pride” insignia;
(h) Early registration privileges;
(i) Local merchant discounts where available to the district; and
(j) Free membership in school organizations. [1991 c.344 §1; 2005
c.209 §24] (1) Each school district is
encouraged to use in the schools of the district that educate students in
kindergarten through grade six:
(a) The Character First! Education Series published by the
Character Training Institute in Oklahoma City, Oklahoma, as it exists on
August 17, 1999; or
(b) A similar program on character development.
(2) Any character development program adopted under this section
shall be secular in nature. [1999 c.961 §2]Any district school board may contract for or operate programs
providing activities before and after usual classroom hours for
school-age children residing in the district. Such programs may be
supervised by persons other than persons holding teaching licenses. The
district school board shall establish rules of eligibility for
participation in such programs and may collect fees for participation
therein. The fees shall be used for the support of the programs. [1981
c.74 §1]Note: Sections 1 and 2, chapter 652, Oregon Laws 2005, provide:
Sec. 1. Cyber Awareness, Responsibility and Ethics pilot program.
(1) The City of Hillsboro may establish for the 2005-2006 and 2006-2007
school years the pilot program of Cyber Awareness, Responsibility and
Ethics (CARE).
(2) If the City of Hillsboro establishes the pilot program:
(a) The goal of the pilot program is to help students who are 8 to
10 years of age become safe and responsible citizens of the cyber
community. To meet this goal, the City of Hillsboro through the pilot
program shall encourage:
(A) Partnerships between school districts and local law enforcement
agencies to have members of local law enforcement agencies act as mentors
and provide focus, oversight and guidance in the classroom; and
(B) Peer teaching among students.
(b) A school district may notify the City of Hillsboro that the
school district would like to participate in the pilot program. A notice
provided by a school district under this subsection must include the
following information:
(A) How the school district will implement the pilot program;
(B) How the activities of the school district under the pilot
program will help the school district implement the Children’s Internet
Protection Act (P.L. 106-554);
(C) How the school district will encourage students to participate
in the pilot program; and
(D) Which local law enforcement agencies will form partnerships
with the school district.
(c) After receiving notice from a school district under paragraph
(b) of this subsection, the City of Hillsboro may provide information to
the school district about instructional materials that may be used in
conjunction with the pilot program.
(d) At the end of the 2005-2006 school year, each school district
participating in the pilot program shall report to the City of Hillsboro
on the progress of the pilot program. The report shall include:
(A) The number of students participating in the pilot program;
(B) The local law enforcement agencies that formed a partnership
with the school district; and
(C) An assessment of student attitudes toward the cyber community.
(e) Prior to February 1, 2007, the City of Hillsboro shall report
to the Seventy-fourth Legislative Assembly on the results of the pilot
program. [2005 c.652 §1]
Sec. 2. Section 1 of this 2005 Act is repealed on January 2, 2008.
DISCLOSURE OF PERSONAL INFORMATION ABOUT STUDENT(1) A public school or school district shall
disclose personally identifiable information or other information allowed
to be disclosed by the federal Family Educational Rights and Privacy Act
from an education record of a student to:
(a) Law enforcement, child protective services and health care
professionals in connection with a health or safety emergency if
knowledge of the information is necessary to protect the health and
safety of the student or other individuals; and
(b) Courts and state and local juvenile justice agencies including,
but not limited to, law enforcement agencies, juvenile departments and
child protective service agencies. Disclosure under this paragraph must
relate to the court’s or juvenile justice agency’s ability to serve the
needs of a student prior to the student’s adjudication under ORS chapter
419C. A person to whom personally identifiable information is disclosed
under this paragraph shall certify, in writing, that the person will not
disclose the information to a third party other than another court or
juvenile justice agency or a person or organization providing direct
services to the student on behalf of a juvenile justice agency.
(2) As used in this section, a “health or safety emergency”
includes, but is not limited to, law enforcement efforts to locate a
child who may be a victim of kidnap, abduction or custodial interference
and law enforcement or child protective services efforts to respond to a
report of child abuse or neglect pursuant to ORS 419B.005 to 419B.050.
(3) A person who receives information under this section is not
liable civilly or criminally for failing to disclose the information.
[1993 c.806 §9 (326.565, 326.575 and 336.187 enacted in lieu of 336.185,
336.195 and 336.215); 1995 c.79 §183; 1999 c.620 §7]ALCOHOL AND DRUG ABUSE PROGRAM In accordance with rules
adopted by the State Board of Education in consultation with the
Department of Human Services, each district school board shall adopt a
comprehensive alcohol and drug abuse policy and implementation plan,
including but not limited to:
(1) Alcohol and drug abuse prevention curriculum and public
information programs addressing students, parents, teachers,
administrators and school board members;
(2) The nature and extent of the district’s expectation of
intervention with students who appear to have drug or alcohol abuse
problems;
(3) The extent of the district’s alcohol and other drug prevention
and intervention programs; and
(4) The district’s strategy to gain access to federal funds
available for drug abuse prevention programs. [1989 c.1076 §1] To assist school
districts to formulate the programs described in ORS 336.222 (1), the
Department of Human Services shall:
(1) Devise a public information program directed toward students,
parents, teachers, administrators and school board members at the school
district level; and
(2) Contact advocacy associations of the target groups described in
subsection (1) of this section to facilitate outreach programs and
disseminate alcohol and drug abuse prevention information. [1989 c.1076
§2] In order to carry out the duties
described in ORS 336.222 and 336.227, the State Board of Education, in
consultation with the Department of Human Services, shall adopt by rule,
as a minimum, descriptions of the content of what shall be included in
the policy and plan described in ORS 336.222 and 336.227. [1989 c.1076 §4] The Department of Education, the Oregon University
System and the Department of Human Services shall report to regular
sessions of the Legislative Assembly and to the Governor on the progress
and effectiveness of the policies and plans described in ORS 336.222,
336.227 and 352.008 by submitting a copy of the report to the offices of
the President of the Senate and the Speaker of the House of
Representatives and to the Governor. [1989 c.1076 §6; 1993 c.45 §90]DENTAL HEALTH PROGRAMAs used in ORS 336.375 to
336.420, “dental health program” means a program whereby a dental
examination is made at least once each school year of each pupil
attending school in the district at the time of the examination and
whereby dental treatment may be provided, subject to the rules of the
district school board. [1965 c.100 §237](1) A district school board may conduct a dental health program.
(2) A district school board which conducts a dental health program
may furnish necessary instruments and equipment and provide suitable
quarters in which either dental examination or treatment may be made.
(3) The dental examination and treatment shall be scientific,
sanitary and efficient, and may be furnished by the district school board
free of expense to the minor pupils whose parents or guardians are unable
to pay therefor and to the pupils who have attained the age of majority
who are unable to pay therefor. Any charges made by the board for the
dental examination and treatment shall be fair and reasonable.
(4) No minor pupil shall be required or permitted to receive a
dental examination or treatment without the written consent of the
parents or guardian of the minor pupil. No pupil who has attained the age
of majority shall be required to receive a dental examination or
treatment. [Amended by 1965 c.100 §239; 1973 c.827 §31; 1993 c.45 §92]The result of the dental examination shall be reported in
writing to the parent or guardian of any pupil who, in the opinion of the
person making the examination, requires dental treatment. If, after
receiving the report, the parent or guardian elects to have the
recommended treatment performed by a dentist of the parent or guardian’s
own choosing, that dentist shall supply a certificate attesting that the
treatment was performed in accordance with the report from the dental
health program. The content of the certificate shall be recorded by the
board. [Amended by 1965 c.100 §240] No school district
shall be liable to any pupil, or to the parents or guardian of any pupil,
for or on account of any claim for damage on account of any action by any
person in connection with the district’s dental health program. [Amended
by 1965 c.100 §241] Any district school board
which conducts a dental health program may cooperate with and share the
expense of dental examination and treatment with any other organization
or individuals. [Amended by 1965 c.100 §242]HUMAN SEXUALITY EDUCATION (1) Course
material and instruction for all human sexuality education courses that
discuss human sexuality in public elementary and secondary schools shall
enhance students’ understanding of sexuality as a normal and healthy
aspect of human development. Course instruction shall be appropriate for
the age of the pupils and satisfy the following criteria:
(a) Be comprehensive.
(b) As an integral part of the health education curriculum, include
information about responsible sexual behaviors and hygienic practices
that eliminate or reduce the risks of pregnancy, exposure to human
immunodeficiency virus, hepatitis B and other infectious or sexually
transmitted diseases and shall be designed to allay those fears
concerning the risks that are scientifically groundless.
(c) Promote abstinence for school-age youth and mutually monogamous
relationships with an uninfected partner for adults as the safest and
most responsible sexual behavior. However, abstinence shall not be taught
to the exclusion of other material and instruction on contraceptive and
disease reduction measures. Human sexuality education courses shall
acknowledge the value of abstinence while not devaluing or ignoring those
young people who have had or are having sexual intercourse.
(d) Include a discussion of the possible emotional, physical and
psychological consequences of preadolescent and adolescent sexual
intercourse and the emotional, physical and psychological consequences of
unintended pregnancy. Pupils shall be provided with statistics based on
the latest medical information regarding both the possible side effects
and health benefits of all forms of contraceptives, including the success
and failure rates for prevention of pregnancy.
(e) Stress that sexually transmitted diseases are serious possible
hazards of sexual contact. Pupils shall be provided with statistics based
on the latest medical information regarding the efficacy of
contraceptives in preventing human immunodeficiency virus infection and
other sexually transmitted diseases.
(f) Advise pupils of the laws pertaining to their financial
responsibility for their children.
(g) Advise pupils of the circumstances in which it is unlawful
under ORS 163.435 and 163.445 for persons 18 years of age or older to
have sexual relations with persons younger than 18 years of age to whom
they are not married.
(h) Teach that no form of sexual expression is acceptable when it
physically or emotionally harms oneself or others and teach pupils not to
make unwanted physical and verbal sexual advances, how to decline
unwanted sexual advances or accept the refusal of unwanted sexual
advances. Pupils shall be taught that it is wrong to take advantage of or
to exploit another person. Materials and information shall be presented
in a manner sensitive to the fact that there are students who have
experienced sexual abuse.
(i) Validate through course material and instruction the importance
of honesty with oneself and others, respect for each person’s dignity and
well-being, and responsibility for one’s actions.
(j) Assist students in the development and practice of effective
communication skills, the development of self-esteem and the ability to
resist peer pressure.
(k) Encourage family communication and involvement and help
students learn to make responsible decisions.
(2) Any course in any public elementary and secondary school, the
main purpose of which is to teach human sexuality education or human
immunodeficiency virus education, or both, shall emphasize that
abstinence from sexual contact is the only method that is 100 percent
effective against unintended pregnancy, sexually transmitted diseases and
human immunodeficiency virus when transmitted sexually. Abstinence is to
be stressed, but not to the exclusion of other material and instruction
on contraceptive and disease reduction measures. Such courses are to
acknowledge the value of abstinence while not devaluing or ignoring those
young people who have had or are having sexual intercourse.
(3) Nothing in this section prohibits instruction in sanitation,
hygiene or traditional courses in biology. [1993 c.775 §1](1) Each school district shall:
(a) Give parents, guardians and district residents an opportunity
to examine the instructional materials to be used in any class, course,
assembly or school-sponsored activity.
(b) Inform parents or guardians in advance of any instruction on
human sexuality or human immunodeficiency virus and give them an
opportunity to review materials. At the same time, parents or guardians
shall be informed that no pupil shall be required to take or participate
in any instruction on human sexuality or human immunodeficiency virus if
the pupil’s parent or guardian, after having reviewed the materials,
submits written objection to the school district.
(2) Refusal to take or participate in any class, course, assembly
or school-sponsored activity on human sexuality or human immunodeficiency
virus shall not be reason for harassment, suspension or expulsion of the
pupil. [1993 c.775 §2] The Department of Education shall
report to the Legislative Assembly at each regular session on the
implementation of courses on family life, human immunodeficiency virus
and human sexuality. The report shall be based on the data in the school
districts’ annual assurance reports. [1993 c.775 §3]EXTRACURRICULAR SPORTS(1) As used in this section,
“participation” means participation in sports practices and actual
interscholastic sports competition.
(2) Each school district shall require students who participate in
extracurricular sports in grades 7 through 12 in the schools of the
district to have a physical examination prior to participation. A person
conducting the physical examination shall use a form and protocol
prescribed by rule of the State Board of Education pursuant to subsection
(6) of this section.
(3) A school district shall require students who continue to
participate in extracurricular sports in grades 7 through 12 to have a
physical examination once every two years.
(4) Notwithstanding subsection (3) of this section, a school
district shall require a student who is diagnosed with a significant
illness or has had a major surgery to have a physical examination prior
to further participation in extracurricular sports.
(5) Any physical examination required by this section shall be
conducted by a:
(a) Physician possessing an unrestricted license to practice
medicine;
(b) Licensed naturopathic physician;
(c) Licensed physician assistant;
(d) Certified nurse practitioner; or
(e) Licensed chiropractic physician who has clinical training and
experience in detecting cardiopulmonary diseases and defects.
(6) The State Board of Education shall by rule prescribe the form
and protocol to be used for physical examinations required by this
section. The board shall consult with a voluntary organization approved
by the State Board of Education under ORS 339.430 in adopting rules under
this section. [2001 c.486 §1; 2003 c.323 §1]COMMUNITY SCHOOLSAs used in ORS 336.505
to 336.525, unless the context requires otherwise “community school
program” means a program that fosters citizen involvement and provides
educational, recreational, cultural and related services to the
community. [1981 c.259 §1]
The Legislative Assembly finds that the community school is an expression
of the philosophy that the local school is most effective when it
involves the people of that community in programs designed to fulfill
their needs and interests while increasing the community’s use of
personnel, buildings, equipment and other public educational resources.
Accordingly, the Department of Education is directed to:
(1) Provide state leadership for community school development;
(2) Assist in the establishment, maintenance and expansion of
community schools;
(3) Serve as the state administrative agency for federal community
school funding; and
(4) Foster coordination of community school services provided by
local schools, community colleges, education service districts, community
college service districts and other public and private agencies to avoid
unnecessary duplication. [1981 c.259 §2](1) The community school program
shall provide for the active and continuous involvement on an advisory
basis of institutions, groups and individuals in the community to be
served by the program and the active and continuous involvement of local
residents in the planning, development and operation of those programs
and services deemed appropriate for their community.
(2) Local advisory bodies shall review needs, establish local goals
and objectives, recommend priorities, identify available resources,
promote programs, study progress, encourage interagency cooperation,
suggest financing and evaluation methods and make recommendations to
district school boards and local administrators. [1981 c.259 §4]In a community which chooses to operate a
community school program, the program shall be operated by a school
district that provides elementary or secondary education. However, if a
school district has no community school program, it may consent in
writing for the formulation and operation of a community school program
by a community college or community college service district or an
education service district or a municipal government or a parks and
recreation district, or any combination thereof. [1981 c.259 §5]RESIDENTIAL PROGRAMS; YOUTH CARE CENTERS; DETENTION FACILITIES(1) Prior to establishing or expanding a
residential program authorized to provide care to five or more children
or changing the type of educational services provided or the category of
children being served by the residential program in any school district,
the authorities of the agency establishing or altering such a program
shall notify in writing and confer with the superintendent or the
district school board of any substantially affected district to determine
the impact of the additional children and services upon the facilities
and program of the district.
(2) The notification required by subsection (1) of this section
must occur at least three months prior to the establishment or expansion
of the residential program or prior to the time when the type of
educational services or category of children changes. The three-month
period, or any part of it, may be waived by agreement of the agency and
the affected school district.
(3) This section does not apply to temporary changes in, or
expansion of, residential programs of less than 30 days’ duration that
result from meeting emergency needs of children. [Formerly 339.175] (1) Every child at
a youth care center, as defined in ORS 420.855, which is operated by a
private agency, is entitled to receive appropriate education suited to
the needs of the child in the least restrictive environment in which the
child can function until the child is no longer of compulsory school age
or receives a high school diploma or an equivalent.
(2) The school district in which the youth care center is located
shall develop an educational plan for the children in the youth care
center in consultation with the director of the center. The plan shall be
approved annually by the school district board.
(3) The Superintendent of Public Instruction shall have the
authority to enforce the provisions of ORS 336.575, 339.137 and this
section. If a district fails to comply, the superintendent shall find the
district deficient and shall apply the penalty provided in ORS 327.103.
(4) The State Board of Education shall adopt rules to implement
this section.
(5) Nothing in this section limits or otherwise applies to
educational rights of children in youth care centers operated by public
agencies. [Formerly 339.195; 1997 c.20 §1](1) The Department of Education shall
provide or cause to be provided appropriate education for children placed
in a detention facility. The Superintendent of Public Instruction may
contract with a school district or education service district to provide
or cause to be provided appropriate education to children placed in a
detention facility.
(2) The superintendent shall pay the costs of providing education
to children placed in detention facilities from the State School Fund
grant allocated to the Juvenile Detention Education Program for that
purpose under ORS 327.026.
(3) The State Board of Education shall adopt by rule standards to
be applied to the operation of the Juvenile Detention Education Program,
as defined in ORS 326.695.
(4) The superintendent shall ensure that the resident district of
each child placed in a detention facility is notified, if the resident
district can be reasonably identified. The purposes of the notification
include, but are not limited to:
(a) Removing the child from the resident district’s census;
(b) Facilitating transfers of the child’s educational records; and
(c) Facilitating planning for the child’s possible return to the
resident district.
(5) As used in this section:
(a) “Detention facility” has the meaning given the term in ORS
419A.004.
(b) “Placed in a detention facility” means lodged overnight between
consecutive days of receiving educational services within the detention
facility.
(c) “Resident district” means the school district in which the
parents or legal guardian, if any, of the child resided at the time of
placement. If the child has no parents or legal guardian, or none can be
located, the resident district shall be the school district in which the
child is physically located. [Formerly 339.205; 2001 c.681 §8]ALTERNATIVE EDUCATION PROGRAMS As used in ORS
336.615 to 336.665, “alternative education program” means a school or
separate class group designed to best serve students’ educational needs
and interests and assist students in achieving the academic standards of
the school district and the state. [Formerly 339.605; 2001 c.490 §1] (1) In
implementing alternative education programs, district school boards shall
maintain learning situations that are flexible with regard to
environment, time, structure and pedagogy.
(2) Students participating in alternative education programs are
considered to be the responsibility of the resident district for purposes
of ORS 332.072.
(3) The State Board of Education by rule:
(a) Shall define the accountable activities and allowable credit
for these activities in alternative education programs;
(b) Shall adopt a process for registering private alternative
education programs that includes, but is not limited to, the requirements
of ORS 336.631; and
(c) Shall establish standards for private alternative education
programs to ensure a safe educational environment and an instructional
program that provides students with the opportunity to make progress
toward achieving state academic content and performance standards.
(4) A school district may not waive the right to implement an
alternative education program in a collective bargaining agreement.
[Formerly 339.615; 1997 c.521 §24; 2001 c.490 §2](1) Prior to contracting with or
distributing any public funds to a private alternative education program,
a district school board shall:
(a) Annually approve the private alternative education program;
(b) Determine that the private alternative education program is
registered with the Department of Education; and
(c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section and ORS
336.625 (3)(c).
(2) The following laws apply to private alternative education
programs that are registered with the Department of Education under ORS
336.635 in the same manner as the laws apply to school districts and
public schools:
(a) Federal law;
(b) ORS 181.534, 181.539, 326.603, 326.607 and 342.232 (criminal
records checks);
(c) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and fees);
(d) ORS 659.850 and 659.855 (discrimination);
(e) Health and safety statutes and rules; and
(f) Any statute, rule or school district policy that is specified
in a contract between the school district board and the private
alternative education program.
(3) Prior to placement of a student in a private alternative
education program, the resident district shall determine whether the
proposed placement best serves the student’s educational needs and
interests and assists the student in achieving the district and state
academic standards.
(4) Contracts between a school district and a private alternative
education program shall be included in the assessment of effectiveness
provided for in ORS 329.085. [1997 c.521 §11; 1999 c.59 §84; 2001 c.490
§3; 2005 c.730 §15](1) When necessary to meet
a student’s educational needs and interests, the parent or guardian with
the approval of the resident district and the attending district may
enroll the student in one of the proposed appropriate and accessible
public alternative education programs or private alternative education
programs of instruction or instruction combined with counseling
registered with the Department of Education. If the child is determined
to be eligible for special education under ORS 343.221 to 343.236 and
343.261 to 343.295, the program must be approved by the Department of
Education prior to the placement of the student in the program. A student
enrolled pursuant to this subsection or enrolled in an alternative
education program on or after July 1, 1995, because the student’s
educational needs and interests are best met through participation in
such a program shall be considered enrolled in the schools of the
district for purposes of the distribution of the State School Fund.
(2) The alternative education program in which the student enrolls
with the districts’ approval shall notify the school district in which
the student or the student’s parents or legal guardian, if any, resided
at the time the student enrolled of the child’s enrollment and may bill
the school district for tuition. The billing may be made annually or at
the end of each term or semester of the alternative education program.
For each full-time equivalent student enrolled in the alternative
education program, the school district shall pay the actual cost of the
program or an amount at least equivalent to 80 percent of the district’s
estimated current year’s average per student net operating expenditure,
whichever is lesser, in accordance with rules adopted by the State Board
of Education. The alternative education program shall be accountable for
the expenditures of all State School Fund and other local school support
moneys, providing the school district with an annual statement of such
expenditures.
(3) A private alternative education program that is registered with
the Department of Education is not required to employ only licensed
teachers or administrators. Teachers and administrators in such private
programs shall not be considered employees of any district for purposes
of ORS 342.173.
(4) A school district is not required to provide a public
alternative education program if there are public or approved private
alternative education programs that are appropriate and accessible to the
student to which a student can be referred.
(5) Any Oregon teaching license is valid for teaching all subjects
and grade levels in an alternative education program operated by a school
district or education service district. [Formerly 339.620; 1995 c.656 §7;
1996 c.16 §3; 1997 c.164 §1; 1997 c.613 §3; 2001 c.490 §4](1) A private
alternative education program shall ensure that students receive
instruction in the educational standards adopted by the State Board of
Education for the grade level the program serves.
(2) Students enrolled in a private alternative education program
shall take the statewide assessment developed by the Department of
Education under ORS 329.485. A private alternative education program
shall be accountable for determining the progress of its students toward
achieving academic content standards as defined in ORS 329.007. The
private alternative education program shall report, at least annually,
each student’s academic progress, including the results of the state
assessment to students, parents and the school district. [1997 c.521 §12;
2001 c.490 §5](1) The State Board of Education shall establish by rule
procedures for considering and obtaining special services for pregnant
and parenting students. Such rules shall include, but not be limited to,
the obligation of the school district to:
(a) Inform pregnant and parenting students and their parents of the
availability of such services in the school district, education service
district or in the community;
(b) Facilitate the provision of such services, including
counseling, life skills and parenting education, child care,
transportation, career development and health and nutrition services to
pregnant and parenting students;
(c) Inform pregnant and parenting students and their parents of the
availability of resources provided by other agencies, including health
and social services;
(d) Provide educational programs and schedules that address the
individual learning styles and needs of pregnant and parenting students;
and
(e) Develop individualized educational programs or services, or
both, to address the needs of pregnant or parenting students when their
educational needs cannot be met by the regularly provided school program.
(2) Each school district shall adopt policies and guidelines for
implementation of this section in a manner consistent with the rules of
the state board adopted under subsection (1) of this section.
(3) No pregnant or parenting student shall be excluded from the
public schools solely on the basis of pregnancy or parenthood.
(4) For purposes of reporting enrollments, school districts may
count eligible students who are receiving individualized programs or
services, or both, as described in subsection (1)(e) of this section, in
the same category as students eligible for special education as children
with disabilities under ORS 343.035. [Formerly 339.623; 2005 c.22 §233] The State
Board of Education shall adopt rules to implement the provisions of ORS
336.615 to 336.665 that shall include rules regarding school district
notification to parents and students of the availability of alternative
education programs, the law regarding alternative education programs and
the procedures for requesting district school boards to establish
alternative education programs. [Formerly 339.625; 1997 c.521 §25; 2001
c.490 §6] (1) Each school district
operating, participating in or contracting for a public or private
alternative education program shall evaluate the program at least
annually. The district shall provide the public or private alternative
education program with a copy of the written evaluation.
(2) For private alternative education programs, the evaluation
shall include, but is not limited to:
(a) A review of the private alternative education program’s annual
statement of expenditures as required by ORS 336.635 (2);
(b) A determination that the private alternative education program
is in compliance with ORS 336.625 (3)(c) and 336.631 (2);
(c) The approval of any contract between the district and the
private alternative education program; and
(d) A review to ensure that the private alternative education
program enhances the ability of the district and its students to achieve
district and state standards. [Formerly 339.635; 2001 c.490 §7] (1) The
Superintendent of Public Instruction shall find a school district to be
deficient within the meaning of ORS 327.103 if the district fails to
cause the proposal of alternative programs to be made under ORS 339.250
(9) or (10).
(2) The failure to cause the proposal of alternative programs shall
not be grounds for a civil action against the school district. [Formerly
339.640; 1995 c.656 §8; 1996 c.16 §4; 2001 c.104 §112]STUDENT TRAFFIC SAFETY EDUCATION As used in ORS
336.790 to 336.815, unless the context requires otherwise:
(1) “Commercial driver training school” means a school operated by
a person issued a commercial driver training school certificate by the
Department of Transportation under ORS 822.515.
(2) “Facility” means any facility for the deaf operated under ORS
346.010.
(3) “Private school” means a private or parochial high school.
(4) “Public school” means a common or union high school district,
education service district and a community college district. [Formerly
343.705; 1997 c.118 §1; 1997 c.249 §98; 2001 c.295 §11; 2001 c.706 §1] A traffic
safety education course shall be conducted in order to facilitate the
policing of the streets and highways of this state and to reduce the
direct cost thereof by educating youthful drivers in safe and proper
driving practices. [Formerly 343.710; 2001 c.104 §113] (1) Any private
school, public school, facility or commercial driver training school may
offer a course in traffic safety education. The curriculum for the
traffic safety education course shall be established by the Department of
Transportation under ORS 802.345.
(2) A person employed to teach a traffic safety education course
must meet qualifications established by the department under ORS 802.345.
[Formerly 343.720; 1997 c.383 §9; 1999 c.328 §8; 2001 c.706 §2] (1) Each public
school or facility offering a course in traffic safety education may
charge tuition therefor and shall keep accurate records of the cost
thereof in the manner required under rules adopted by the Department of
Transportation under ORS 802.345. As provided in ORS 336.810, each public
school or facility shall be reimbursed $210 per pupil completing the
course, including any private school pupil completing the course in a
public school or facility.
(2) If funds available to the Department of Transportation for the
Student Driver Training Fund are not adequate to pay all approved claims
in full, public schools and facilities shall receive a pro rata
reimbursement based upon the ratio that the total amount of funds
available bears to the total amount of funds required for maximum
allowable reimbursement.
(3) Tuition authorized by subsection (1) of this section shall not
exceed the cost to the public school or facility of providing traffic
safety education less the state reimbursement. Tuition may be reduced or
waived by a public school or facility for low income pupils.
(4) A public school may also offer a traffic safety education
course to pupils in neighboring public schools that do not offer traffic
safety education.
(5) Each public school and facility offering a course in traffic
safety education shall adopt written policies and procedures regarding
reduced or waived tuition for low income pupils.
(6) Each public school offering a course in traffic safety
education shall adopt written policies and procedures for the admission
of pupils from neighboring public schools. [Formerly 343.730; 1997 c.119
§2; 1999 c.328 §9; 2005 c.699 §1] (1) There is created the
Student Driver Training Fund, separate and distinct from the General
Fund. All payments required under ORS 336.795 to 336.815 and moneys paid
into the fund under ORS 802.110 and all expenses incurred in the
administration of those sections shall be made to and borne by the fund.
Interest earned by the fund shall be credited to the fund.
(2) The Department of Transportation shall annually distribute the
funds available in the Student Driver Training Fund in the manner
provided in ORS 336.805.
(3) The department shall make periodic studies to determine the
effectiveness of traffic safety education courses conducted under
authority of ORS 336.790 to 336.815. [Formerly 343.740; 1999 c.328 §10] Any public
school may contract with a commercial driver training school for the
instruction of students enrolled in a traffic safety education course.
[Formerly 343.750; 1997 c.119 §1; 1999 c.328 §11; 2001 c.706 §3]
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