Oregon Statute | Act | Code |Title 30 Education And Culture| US Code - US Statute | Chapter 339 School Attendance; Admission; Discipline; Safety

As used in ORS
339.040 and 339.125, unless the context requires otherwise,
“administrative office for the county” means the administrative office of
the education service district or of a common school district that
includes an entire county. [1965 c.100 §273; 1973 c.728 §3; 1987 c.158
§56; 1991 c.167 §23; 2003 c.226 §17]COMPULSORY SCHOOL ATTENDANCE Except as provided
in ORS 339.030, all children between the ages of 7 and 18 years who have
not completed the 12th grade are required to attend regularly a public
full-time school of the school district in which the child resides.
[Amended by 1965 c.100 §274] Except as provided in ORS
339.030, every person having control of any child between the ages of 7
and 18 years who has not completed the 12th grade is required to send
such child to and maintain such child in regular attendance at a public
full-time school during the entire school term. [Amended by 1965 c.100
§275; 1969 c.160 §1] (1) In
the following cases, children shall 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 grades 1 through 12 in the public
schools and in attendance for a period equivalent to that required of
children attending public schools in the 1994-1995 school year.

(b) Children proving to the satisfaction of the district school
board that they have acquired equivalent knowledge to that acquired in
the courses of study taught in grades 1 through 12 in the public schools.

(c) Children being taught for a period equivalent to that required
of children attending public schools by a private teacher the courses of
study usually taught in grades 1 through 12 in the public school.

(d) Children being educated in the children’s home by a parent or
legal guardian.

(e) Children excluded from attendance as provided by law.

(2) The State Board of Education by rule shall establish procedures
whereby, on a semiannual basis, an exemption from compulsory attendance
may be granted to the parent or legal guardian of any child 16 or 17
years of age who is lawfully employed full-time, lawfully employed
part-time and enrolled in school, a community college or an alternative
education program as defined in ORS 336.615. An exemption also may be
granted to any child who is an emancipated minor or who has initiated the
procedure for emancipation under ORS 419B.550 to 419B.558. [Amended by
1965 c.100 §276; 1967 c.67 §8; 1971 c.494 §1; 1973 c.728 §1; 1985 c.579
§1; 1989 c.619 §1; 1993 c.546 §138; 1995 c.769 §2; 1999 c.59 §85; 1999
c.717 §1; 2001 c.490 §8](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 teacher, as provided in
ORS 339.030, the parent, legal guardian or private teacher must notify
the education service district in writing. In addition, when a child who
is taught by a parent, legal guardian or private teacher moves to a new
education service district, the parent, legal guardian or private teacher
shall notify the new education service district in writing. The education
service district shall acknowledge receipt of any notification in writing.

(3) Children being taught as provided in subsection (2) of this
section shall be examined at grades 3, 5, 8 and 10 in accordance with the
following procedures:

(a) The State Board of Education shall adopt by rule a list of
approved comprehensive examinations that are readily available.

(b)(A) The parent or legal guardian shall select an examination
from the approved list and arrange to have the examination administered
to the child by a qualified neutral person, as defined by rule by the
State Board of Education.

(B) If the child was withdrawn from public school, the first
examination shall be administered to the child at least 18 months after
the date on which the child was withdrawn from public school.

(C) If the child never attended public or private school, the first
examination shall be administered to the child prior to the end of grade
three.

(c) The person administering the examination shall:

(A) Score the examination; and

(B) Report the results of the examination to the parent or legal
guardian.

(d) Upon request of the superintendent of the education service
district, the parent or legal guardian shall submit the results of the
examination to the education service district.

(4)(a) If the composite test score of the child places the child
below the 15th percentile based on national norms, the child shall be
given an additional examination within one year of when the first
examination was administered.

(b) If the composite test score of the child on the second
examination shows a declining score, then the child shall be given an
additional examination within one year of when the second examination was
administered and the superintendent of the education service district may:

(A) Allow the child to continue to be taught by a parent, legal
guardian or private teacher; or

(B) Place the education of the child under the supervision of a
person holding a teaching license who is selected by the parent or legal
guardian at the expense of the parent or legal guardian. If the composite
test score of the child continues to show a declining score, the
superintendent of the education service district may:

(i) Allow the child to continue under the educational supervision
of a licensed teacher selected by the parent or legal guardian and
require that the child be given an additional examination within one year
of when the last examination was administered;

(ii) Allow the child to be taught by a parent, legal guardian or
private teacher and require that the child be given an additional
examination within one year of when the last examination was
administered; or

(iii) Order the parent or legal guardian to send the child to
school for a period not to exceed 12 consecutive months as determined by
the superintendent.

(c) If the parent or legal guardian of the child does not consent
to placing the education of the child under the supervision of a licensed
teacher who is selected by the parent or legal guardian, then the
superintendent of the education service district may order the child to
return to school for a period not to exceed 12 consecutive months as
determined by the superintendent.

(d) If the composite test score of the child on an examination is
equal to or greater than the percentile score on the prior test, the
child may be taught by a parent, legal guardian or private teacher and
for the next examination be examined pursuant to paragraph (a) of this
subsection or subsection (3) of this section.

(5)(a) Notwithstanding the examination requirements of subsections
(3) and (4) of this section, the parent or legal guardian of a child with
disabilities who has an individualized education plan and is receiving
special education and related services through the school district or who
is being educated in accordance with a privately developed plan shall be
evaluated for satisfactory educational progress according to the
recommendations of the plan.

(b) The parent or legal guardian of a child with disabilities who
was evaluated by service providers selected by the parent or legal
guardian based on a privately developed plan shall submit a report of
such evaluation to the education service district in lieu of the
examination results required by subsections (3) and (4) of this section.

(c) A child with disabilities described in this subsection shall
not be subject to the examination requirements of subsections (3) and (4)
of this section unless the examination is recommended in the plan in
effect for the child. [1985 c.579 §2; 1989 c.619 §4; 1999 c.717 §1a] (1) The
executive officer of the administrative office for the county shall
appoint one person to act as the attendance supervisor for school
districts having a school census of less than 1,000 children in the
county. The attendance supervisor shall perform duties under the
direction of the administrative office for the county. The attendance
supervisor shall receive as compensation for services a sum fixed by the
governing body of the county and allowed and paid in the same manner as
the salaries of county officers are paid.

(2) District school boards of districts having a school census of
1,000 or more children, according to the latest school census, shall
appoint attendance supervisors and fix and pay their compensation.

(3) The administrative office for the county, upon written
application from the district school board in any school district having
a school census of more than 200 and less than 1,000 children, according
to the latest school census, shall grant such district permission to
appoint attendance supervisors and fix their compensation and pay.

(4) For purposes of the appointment and duties of attendance
supervisors, the territory in a joint school district shall be considered
part of the county in which the administrative office of the joint
district is located. [Amended by 1965 c.100 §277] The attendance supervisor
when notified of a truancy or unexcused absence shall investigate the
truancy or nonattendance at school. If the child is not exempt from
compulsory school attendance, the attendance supervisor shall proceed as
provided in ORS 339.080 and 339.090. [Formerly 339.100](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, 339.420 and 339.990, the principal or teacher shall
consider all unexcused absences. Eight unexcused one-half day absences in
any four-week period during which the school is in session shall be
considered irregular attendance.

(2) An absence may be excused by a principal or teacher if the
absence is caused by the pupil’s sickness, by the sickness of some member
of the pupil’s family or by an emergency. A principal or teacher may also
excuse absences for other reasons where satisfactory arrangements are
made in advance of the absence.

(3) Any pupil may be excused from attendance by the district school
board for a period not to exceed five days in a term of three months or
not to exceed 10 days in any term of at least six months. Any such excuse
shall be in writing directed to the principal of the school which the
pupil attends. [1965 c.100 §281; 1973 c.728 §4; 1987 c.158 §57; 1993 c.45
§114](1) Except as provided in ORS 339.030, in
case any parent or other person in parental relation fails to send any
child under the control of the parent or other person to the public
school, the attendance supervisor, within 24 hours after notification
from the proper authority of the failure, shall give formal written
notice in person or by registered or certified mail to the parent or
other person. The notice shall state that the child must appear at the
public school on the next school day following the receipt of the notice.
The notice shall inform the parent or other person that regular
attendance at school must be maintained during the remainder of the
school year.

(2) At the same time notice is given to the parent or other person,
the attendance supervisor shall notify the superintendent or principal,
as suitable, of the fact of the notice. The superintendent or principal
shall notify the attendance supervisor of any failure on the part of the
parent or other person to comply with the notice.

(3) If the child who is the subject of a notice under subsection
(1) of this section is a youth offender on parole or probation, at the
same time notice is given to the parent or other person, the attendance
supervisor shall notify the child’s parole or probation officer of the
child’s absence. [Amended by 1965 c.100 §282; 1993 c.45 §115; 1999 c.963
§4]The attendance supervisor shall determine whether the
parent or other person given written notice of attendance requirements
has complied with the notice. If the attendance supervisor determines
that the parent or other person has failed to comply, the attendance
supervisor, within three days after having knowledge of such failure or
after being notified thereof, shall notify the district superintendent.
[Amended by 1965 c.100 §283; 1993 c.413 §2]ADMISSION OF STUDENTS (1) Except as
provided in ORS 339.141, authorizing tuition for courses not part of the
regular school program, the district school board shall admit free of
charge to the schools of the district all persons between the ages of 5
and 19 who reside within the school district. A person whose 19th
birthday occurs during the school year shall continue to be eligible for
a free and appropriate public education for the remainder of the school
year. A district school board may admit nonresident persons, determine
who is not a resident of the district and fix rates of tuition for
nonresidents.

(2) A district must admit an otherwise eligible person who has not
yet attained 21 years of age prior to the beginning of the current school
year if the person is:

(a) Receiving special education and has not yet received a regular
high school diploma; or

(b) Shown to be in need of additional education in order to receive
a diploma.

(3) The obligation to make a free appropriate public education
available to individuals with disabilities 18 through 21 years of age who
are incarcerated in an adult correctional facility applies only to those
individuals who, in their last educational placement prior to their
incarceration in the adult correctional facility:

(a) Were identified as being a child with a disability as defined
in ORS 343.035; or

(b) Had an individualized education program as described in ORS
343.151.

(4) For purposes of subsection (3) of this section, “adult
correctional facility” means:

(a) A local correctional facility as defined in ORS 169.005;

(b) A regional correctional facility as defined in ORS 169.620; or

(c) A Department of Corrections institution as defined in ORS
421.005.

(5) An otherwise eligible person under subsection (2) of this
section whose 21st birthday occurs during the school year shall continue
to be eligible for a free appropriate public education for the remainder
of the school year.

(6) The person may apply to the board of directors of the school
district of residence for admission after the 19th birthday as provided
in subsection (1) of this section. A person aggrieved by a decision of
the local board may appeal to the State Board of Education. The decision
of the state board is final and not subject to appeal.

(7) Notwithstanding ORS 339.133 (1), a school district shall not
exclude from admission a child located in the district solely because the
child does not have a fixed place of residence or solely because the
child is not under the supervision of a parent, guardian or person in a
parental relationship.

(8) Notwithstanding subsection (1) of this section, a school
district:

(a) May for the remaining period of an expulsion deny admission to
the regular school to a resident student who is expelled from another
school district; and

(b) Shall for at least one calendar year from the date of the
expulsion and if the expulsion is for more than one calendar year, may
for the remaining period of time deny admission to the regular school
program to a student who is under expulsion from another school district
for an offense that constitutes a violation of a school district policy
adopted pursuant to ORS 339.250 (6).

(9) A child entering the first grade during the fall term shall be
considered to be six years of age if the sixth birthday of the child
occurs on or before September 1. A child entering kindergarten during the
fall term shall be considered to be five years of age if the fifth
birthday of the child occurs on or before September 1. However, nothing
in this section prevents a district school board from admitting free of
charge a child 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, to enter school even though the child has not
attained the minimum age requirement but is a resident of the district.
[1965 c.100 §285; 1971 c.410 §1; 1977 c.463 §1; 1983 c.193 §1; 1987 c.283
§2; 1989 c.132 §1; 1989 c.215 §1; 1991 c.693 §26; 1995 c.656 §1; 1995
c.660 §46; 1996 c.16 §1; 1999 c.989 §1; 2005 c.209 §29; 2005 c.662 §16] (1) The district
school board may contract with the district school board of any other
district for the admission of pupils in schools of the other district.
The contract shall be in writing upon forms furnished by the Department
of Education. Expense incurred shall be paid out of the school funds of
the district sending such pupils. If the district sending the pupils
fails to pay the expense so incurred according to the terms of the
contract, the administrative office for the county containing such school
district, after satisfactory proof of such failure, shall deduct the
amount of the unpaid expense from the amount due the school district at
the next regular apportionment. The county treasurer shall pay the amount
of the reduced apportionment out of the county school fund.

(2) In case the school district sending the pupils is a joint
district, jurisdiction shall be exercised by the administrative office
for the county in which the most populous part of such district is
situated, according to the latest school census. The office’s action in
the matter is final. [1965 c.100 §286; 1993 c.45 §116](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 district may claim State School Fund reimbursement
under ORS 327.006 to 327.133, 327.348, 327.355, 327.357, 327.360 and
327.731 for each child who is in a local or regional correctional
facility.

(3) A local or regional correctional facility shall notify the
school district within which the facility is located of the name and date
of birth of each school-age child placed in the facility, including a
child with a disability under the age of 22 years who may be eligible for
special education. The notice shall be in writing and shall be given
within five business days of the child’s placement in the facility.

(4) The local or regional correctional facility shall allow the
school district and education service district to have safe and
reasonable access to children placed in that facility for whom the school
district is required to provide education.

(5) As used in this section:

(a) “Local correctional facility” means a local correctional
facility as defined in ORS 169.005.

(b) “Regional correctional facility” means a regional correctional
facility as defined in ORS 169.620. [1996 c.19 §1; 1999 c.989 §2]RESIDENCY(1) Except as provided in subsection (3), (4),
(5) or (7) of this section, children between the ages of 4 and 18 shall
be considered resident for school purposes in the school district in
which their parents, guardians or persons in parental relationship to
them reside.

(2) Nonemancipated individuals between the ages of 4 and 18 living
outside the geographic area of the school district for such reasons as
attending college, military service, hospital confinement or employment
away from home shall be considered resident in the district in which
their parents, guardians or persons in parental relationship to them
reside.

(3) Individuals considered legally emancipated from their parents
shall be considered resident in the district in which they actually
reside, irrespective of the residence of their parents, guardians or
persons in parental relationship.

(4) Children placed by public or private agencies who are living in
substitute care programs licensed, certified or approved shall be
considered resident in the school district in which they reside by
placement of the public or private agency.

(5)(a) Notwithstanding subsection (4) of this section, when a
juvenile court determines that it is in a child’s best interest to
continue to attend the school that the child attended prior to placement
by a public agency, the child:

(A) Shall be considered resident for school purposes in the school
district in which the child resided prior to the placement; and

(B) May continue to attend the school the child attended prior to
the placement through the highest grade level of the school.

(b) The public agency that has placed the child shall be
responsible for providing the child with transportation to and from
school when the need for transportation is due to the placement by the
public agency.

(c) Paragraph (b) of this subsection applies only to a public
agency for which funds have been designated for the specific purpose of
providing a child with transportation to and from school under this
subsection.

(6) Persons living temporarily in a school district for the primary
purpose of attending a district school may not be considered legally
resident of the district in which they are living temporarily, but shall
be considered resident in the district in which they, their parents,
guardians or persons in parental relationship to them maintain residency.

(7) Except as provided in ORS 327.006 (7) and 335.090, persons
whose legal residence is not within the district but who attend school in
the district with the written consent of the affected district school
boards shall be considered to be residents of the district in which the
person attends school for purposes of the receipt by that district of
State School Fund moneys for the person.

(8) For the purposes of subsection (4) of this section, “substitute
care program” means family foster care, family group home care, parole
foster care, family shelter care, adolescent shelter care and
professional group care. [Formerly 332.595; 1997 c.821 §21; 2005 c.521 §1]Note: Section 4, chapter 521, Oregon Laws 2005, provides:

Sec. 4. Prior to February 1, 2007, the Department of Human Services
shall report to the Legislative Assembly in the manner provided in ORS
192.245 on the implementation of and compliance by the department with
ORS 339.133 as amended by section 1 of this 2005 Act. The report shall
include the cost to the department of implementing ORS 339.133 as amended
by section 1 of this 2005 Act. [2005 c.521 §4] (1) Notwithstanding ORS
339.133 (4), a child with a disability shall be considered a resident for
school purposes in the school district in which the child’s parent or
guardian resides if:

(a) The child is voluntarily placed outside the child’s home by the
child’s parent or guardian;

(b) The child’s parent or guardian retains legal guardianship of
the child;

(c) There is a plan for the child to return home;

(d) The placement is within 20 miles by the nearest traveled road
from the original school building, unless there are physiographic
conditions that make transportation to the original school building not
feasible; and

(e) The child’s parent or guardian and the school staff can
demonstrate that it is in the best interest of the child to continue to
attend the school the child was attending prior to the placement. The
best interest of the child may be demonstrated by factors, including but
not limited to the following:

(A) The child’s siblings attend the school;

(B) A change in the child’s routine would be detrimental to the
child; or

(C) The child has developed and maintained a network of personal
contacts, support services and friends and a sense of community within
the school.

(2) If a child qualifies under subsection (1) of this section, the
child may continue to attend the school the child was attending prior to
the placement in the child’s resident school district.

(3) Nothing in this section shall affect the ability of school
districts to enter into agreements with other school districts for the
transportation of students. [1995 c.567 §2] (1) 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) A student described in subsection (1) of this section must be
admitted to the public schools of the school district where the student
is placed pursuant to ORS 336.580.

(3) Except as provided in ORS 343.261, 343.961 and 346.010, the
school district shall provide or cause to be provided appropriate
education to any student described in subsection (1) of this section,
including the identification and evaluation of the student for purposes
of determining eligibility as a child with disabilities to receive
special education and related services enumerated in ORS 343.035 and
services related to a disadvantaged child as defined in ORS 343.650.
Suspension or expulsion of a student from the regular school program does
not relieve the district of the obligation to provide instruction in the
residential program in which the child resides or in another appropriate
facility. [1993 c.45 §119; 1999 c.989 §34; 2001 c.900 §241]TUITION AND FEES(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 provided
in the required full-time day sessions in the schools of the district,
including public charter schools, for grades 1 through 12 and the school
program for kindergarten during the period of approximately nine months
each year when the schools of the district or public charter schools are
normally in operation and does not include summer sessions or evening
sessions.

(c) “Tuition” means payment for the cost of instruction and does
not include fees authorized under ORS 339.155.

(2) Except as provided in subsection (3) of this section, district
school boards and public charter schools may establish tuition rates to
be paid by pupils receiving instruction in educational programs, classes
or courses of study, including traffic safety education, which are not a
part of the regular school program. Tuition charges, if made, shall not
exceed the estimated cost to the district or public charter school of
furnishing the program, class or course of study.

(3) Except as provided in ORS 336.805 for traffic safety education:

(a) No tuition shall be charged to any resident pupil regularly
enrolled in the regular school program for special instruction received
at any time in connection therewith.

(b) No program, class or course of study for which tuition is
charged, except courses of study beyond the 12th grade, shall be eligible
for reimbursement from state funds. [Formerly 336.165; 1999 c.200 §31;
1999 c.328 §12] (1)(a)
Notwithstanding ORS 339.141, no district school board or public charter
school as defined in ORS 338.005 shall require tuition for courses not
part of the regular school program, except for traffic safety education,
from a pupil who is a member of a low-income family in an amount in
excess of what the low-income family may receive as money specifically to
be used for payment of such tuition.

(b) As used in this subsection, “low-income family” means a family
whose children qualify for free or reduced price school meals under a
federal program, including but not limited to the National School Lunch
Act and the Child Nutrition Act of 1966, and all their subsequent
amendments.

(2) A family that does not qualify under subsection (1) of this
section but believes the payment of school tuition is a severe hardship
may request the district school board or public charter school to waive
in whole or in part the payment of such tuition.

(3) Any parent or guardian who believes that payment of any fee
authorized under ORS 339.155 is a severe hardship may request the
district school board or public charter school to waive payment of the
fee and the board or public charter school shall waive in whole or in
part the fee upon a finding of hardship. Consideration shall be given to
any funds specifically available to the parent, guardian or child for the
payment of fees or other school expenses.

(4) No district school board or public charter school shall impose
or collect fees authorized under ORS 339.155 from any student who is a
ward of a juvenile court or of the Oregon Youth Authority or the
Department of Human Services unless funds are available therefor in the
court’s, authority’s or department’s budget.

(5) No district school board or public charter school is required
to waive any fee imposed under ORS 339.155 (5)(a) or (d). [Formerly
336.168; 1997 c.249 §99; 1999 c.200 §32; 1999 c.328 §13](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 to ORS 339.141, but subject to ORS 339.147, tuition
may be charged for courses not part of the regular school program.

(b) A charge may not be made for a standard, prescribed textbook
but a security deposit may be required, which may be refunded if the
textbook is returned in usable condition. Supplemental texts shall be
made available on loan.

(c) A deposit may be charged for a lock for a locker.

(2) A district school board or public charter school may require
pupils who do not furnish their own attire for physical education classes
to pay an appropriate fee for uniforms provided by the district or public
charter school.

(3) A district school board or public charter school may require
pupils who do not provide appropriate towels for physical education
classes to pay a fee for use of towels provided by the district or public
charter school.

(4)(a) A district school board or public charter school may require
payment of fees for the use of musical instruments owned or rented by the
district or public charter school. The district school board or public
charter school may not charge a fee that exceeds the rental cost of the
instrument to the district or public charter school or the annual
depreciation plus actual maintenance cost for each instrument.

(b) Notwithstanding paragraph (a) of this subsection, a district
school board or public charter school may not require payment of fees for
the use of a musical instrument from children exempt from tuition under
ORS 339.147. The district school board or public charter school shall
lend musical instruments, without charge, to children exempt from tuition
under ORS 339.147.

(5) Subject to ORS 339.147, a district school board or public
charter school may require payments of fees in any of the following:

(a) In any program where the resultant product, in excess of
minimum course requirements and at the pupil’s option, becomes the
personal property of the pupil.

(b) Admission fees or charges for extracurricular activities where
pupil attendance is optional.

(c) A security deposit conditioned on the return of materials,
supplies or equipment including athletic equipment.

(d) Items of personal use or products which a pupil may purchase
such as student publications, class rings, annuals and graduation
announcements.

(e) Field trips considered optional to a district’s or public
charter school’s regular school program.

(f) Any authorized voluntary pupil health and accident benefit plan.

(g) As used in this subsection, “minimum course requirements” means
any product required to be produced to meet the goals of the course.
[1975 c.508 §1; 1977 c.99 §1; 1977 c.815 §3; 1999 c.200 §33; 2003 c.14
§149]STUDENT CONDUCT AND DISCIPLINE(1) The State Board of Education
in accordance with ORS chapter 183 shall adopt rules setting minimum
standards for pupil conduct and discipline and for rights and procedures
pertaining thereto that are consistent with orderly operation of the
educational processes and with fair hearing requirements. The rules shall
be distributed by the Superintendent of Public Instruction to all school
districts.

(2) Every district school board shall adopt and attempt to give the
widest possible distribution of copies of reasonable written rules
regarding pupil conduct, discipline and rights and procedures pertaining
thereto. Such rules must comply with minimum standards adopted by the
State Board of Education under subsection (1) of this section.

(3) Every district school board shall enforce consistently and
fairly its written rules regarding pupil conduct, discipline and rights.
This subsection does not apply to a pupil who is eligible for special
education as a child with disabilities under ORS 343.035. [1971 c.561
§§2,3; 1993 c.45 §123; 1999 c.726 §1](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) Pursuant to the written policies of a district school board, an
individual who is a teacher, administrator, school employee or school
volunteer may use reasonable physical force upon a student when and to
the extent the individual reasonably believes it necessary to maintain
order in the school or classroom or at a school activity or event,
whether or not it is held on school property. The district school board
shall adopt written policies to implement this subsection and shall
inform such individuals of the existence and content of these policies.

(3) The district school board may authorize the discipline,
suspension or expulsion of any refractory student and may suspend or
expel any student who assaults or menaces a school employee or another
student. The age of a student and the past pattern of behavior of a
student shall be considered prior to a suspension or expulsion of a
student. As used in this subsection “menace” means by word or conduct the
student intentionally attempts to place a school employee or another
student in fear of imminent serious physical injury.

(4)(a) Willful disobedience, willful damage or injury to school
property, use of threats, intimidation, harassment or coercion against
any fellow student or school employee, open defiance of a teacher’s
authority or use or display of profane or obscene language is sufficient
cause for discipline, suspension or expulsion from school.

(b) District school boards shall develop policies on managing
students who threaten violence or harm in public schools. The policies
adopted by a school district shall include staff reporting methods and
shall require an administrator to consider:

(A) Immediately removing from the classroom setting any student who
has threatened to injure another person or to severely damage school
property.

(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the office of
the school principal, vice principal, assistant principal or counselor or
a school psychologist licensed by the Teacher Standards and Practices
Commission or the office of any licensed mental health professional.

(C) Requiring the student to be evaluated by a licensed mental
health professional before allowing the student to return to the
classroom setting.

(c) The administrator shall notify the parent or legal guardian of
the student’s behavior and the school’s response.

(d) District school boards may enter into contracts with licensed
mental health professionals to perform the evaluations required under
paragraph (b) of this subsection.

(e) District school boards shall allocate any funds necessary for
school districts to implement the policies adopted under paragraph (b) of
this subsection.

(5) Expulsion of a student shall not extend beyond one calendar
year and suspension shall not extend beyond 10 school days.

(6)(a) Notwithstanding subsection (5) of this section, a school
district shall have a policy that requires the expulsion from school for
a period of not less than one year of any student who is determined to
have:

(A) Brought a weapon to a school, to school property under the
jurisdiction of the district or to an activity under the jurisdiction of
the school district;

(B) Possessed, concealed or used a weapon in a school or on school
property or at an activity under the jurisdiction of the district; or

(C) Brought to or possessed, concealed or used a weapon at an
interscholastic activity administered by a voluntary organization
approved by the State Board of Education under ORS 339.430.

(b) The policy shall allow an exception for courses, programs and
activities approved by the school district that are conducted on school
property, including but not limited to hunter safety courses, Reserve
Officer Training Corps programs, weapons-related sports or
weapons-related vocational courses. In addition, the State Board of
Education may adopt by rule additional exceptions to be included in
school district policies.

(c) The policy shall allow a superintendent to modify the expulsion
requirement for a student on a case-by-case basis.

(d) The policy shall require a referral to the appropriate law
enforcement agency of any student who is expelled under this subsection.

(e) For purposes of this subsection, “weapon” includes a:

(A) “Firearm” as defined in 18 U.S.C. 921;

(B) “Dangerous weapon” as defined in ORS 161.015; or

(C) “Deadly weapon” as defined in ORS 161.015.

(7) The Department of Education shall collect data on any
expulsions required pursuant to subsection (6) of this section including:

(a) The name of each school;

(b) The number of students expelled from each school; and

(c) The types of weapons involved.

(8) Notwithstanding ORS 336.010, a school district may require a
student to attend school during nonschool hours as an alternative to
suspension.

(9) Unless a student is under expulsion for an offense that
constitutes a violation of a school district policy adopted pursuant to
subsection (6) of this section, a school district board shall consider
and propose to the student prior to expulsion or leaving school, and
document to the parent, legal guardian or person in parental
relationship, alternative programs of instruction or instruction combined
with counseling for the student that are appropriate and accessible to
the student in the following circumstances:

(a) When a student is expelled pursuant to subsection (4) of this
section;

(b) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with a student;

(c) When it has been determined that a student’s attendance pattern
is so erratic that the student is not benefiting from the educational
program; or

(d) When a parent or legal guardian applies for a student’s
exemption from compulsory attendance on a semiannual basis as provided in
ORS 339.030 (2).

(10) A school district board may consider and propose to a student
who is under expulsion or to a student prior to expulsion for an offense
that constitutes a violation of a school district policy adopted pursuant
to subsection (6) of this section, and document to the parent, legal
guardian or person in parental relationship, alternative programs of
instruction or instruction combined with counseling for the student that
are appropriate and accessible to the student.

(11) Information on alternative programs provided under subsections
(9) and (10) of this section shall be in writing. The information need
not be given to the student and the parent, guardian or person in
parental relationship more often than once every six months unless the
information has changed because of the availability of new programs.

(12)(a) The authority to discipline a student does not authorize
the infliction of corporal punishment. Every resolution, bylaw, rule,
ordinance or other act of a district school board, a public charter
school or the Department of Education that permits or authorizes the
infliction of corporal punishment upon a student is void and
unenforceable.

(b) As used in this subsection, “corporal punishment” means the
willful infliction of, or willfully causing the infliction of, physical
pain on a student.

(c) As used in this subsection, “corporal punishment” does not mean:

(A) The use of physical force authorized by ORS 161.205 for the
reasons specified therein; or

(B) Physical pain or discomfort resulting from or caused by
participation in athletic competition or other such recreational
activity, voluntarily engaged in by a student. [1965 c.100 §289; 1971
c.561 §1; 1975 c.665 §1; 1979 c.739 §1a; 1979 c.836 §2; 1981 c.246 §2;
1989 c.619 §2; 1989 c.889 §1; 1995 c.656 §2; 1996 c.16 §2; 1999 c.59 §86;
1999 c.576 §1; 1999 c.717 §4; 2001 c.810 §7](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 child’s current educational placement for
more than 10 school days in a school year.

(3) A disciplinary removal is considered a change in educational
placement and the school district shall follow special education due
process procedures under ORS 343.155 (5) if:

(a) The removal is for more than 10 consecutive school days; or

(b) The child is removed for more than 10 cumulative school days in
a school year, and those removals constitute a pattern based on the
length and total time of removals and the proximity of the removals to
one another.

(4) A child with a disability shall not be removed for disciplinary
reasons under subsection (3) of this section for misconduct that is a
manifestation of the child’s disability, except as provided under ORS
343.177.

(5) Notwithstanding ORS 339.250 (9) and (10), a school district
shall provide a free appropriate public education in an alternative
setting to a child with disabilities even if the basis for expulsion was
a weapon violation pursuant to ORS 339.250 (6).

(6) School personnel may consider any unique circumstances on a
case-by-case basis when determining whether to order a change in
placement for a child with a disability who violates a code of student
conduct. [1999 c.989 §4; 2005 c.662 §12]
(1) A school district board may establish a policy regarding when a
school superintendent or the board may file with the Department of
Transportation a written request to suspend the driving privileges of a
student or the right to apply for driving privileges. Such policy shall
include:

(a) A provision authorizing the superintendent or the school
district board to file with the Department of Transportation a written
request to suspend the driving privileges of a student or the right to
apply for driving privileges only if the student is at least 15 years of
age and:

(A) The student has been expelled for bringing a weapon to school;

(B) The student has been suspended or expelled at least twice for
assaulting or menacing a school employee or another student, for willful
damage or injury to school property or for use of threats, intimidation,
harassment or coercion against a school employee or another student; or

(C) The student has been suspended or expelled at least twice for
possessing, using or delivering any controlled substance or for being
under the influence of any controlled substance at a school or on school
property or at a school sponsored activity, function or event.

(b) A provision requiring the school superintendent to meet with
the parent or guardian of the student before submitting a written request
to the Department of Transportation.

(c) A provision authorizing the school superintendent or board to
request that the driving privileges of the student or the right to apply
for driving privileges be suspended for no more than one year.

(d) Notwithstanding paragraph (c) of this subsection, a provision
stating that, if a school superintendent or the school district board
files a second written request with the Department of Transportation to
suspend the driving privileges of a student, the request is that those
privileges be suspended until the student is 21 years of age.

(e) A provision that a student may appeal the decision of a school
superintendent regarding driving privileges of a student under the due
process procedures of the school district for suspensions and expulsions.

(2) If the driving privileges of a student are suspended, the
student may apply to the Department of Transportation for a hardship
driver permit under ORS 807.240. [1995 c.656 §5; 2003 c.695 §1; 2005
c.209 §30](1) The principal or a designee of the
principal of a secondary school shall provide documentation of enrollment
status on a form provided by the Department of Transportation to any
student at least 15 years of age and under 18 years of age who is
properly enrolled in the school and who needs the documentation in order
to apply for issuance or reinstatement of driving privileges. The form
shall be available at the administrative offices of the school district
for a student who applies for issuance or reinstatement of driving
privileges during school holidays.

(2) A school district board may establish a policy authorizing the
superintendent of the school district or the board to notify the
department of the withdrawal from school of a student who is at least 15
years of age and under 18 years of age. For purposes of this subsection,
a student shall be considered to have withdrawn from school after more
than 10 consecutive school days of unexcused absences or 15 school days
total of unexcused absences during a single semester. A policy adopted
under this subsection shall include a provision allowing a student to
appeal a decision to notify the department.

(3) The governing body of a private school may establish a policy
authorizing a representative of the school to notify the department of a
student’s withdrawal. Terms and conditions of the policy shall be the
same as those described in subsection (2) of this section for a school
district board. [1999 c.789 §4](1) A school district shall withhold the
grade reports, diploma and records of any student or former student who
owes a debt of $50 or more to the school district. A school district may
withhold the grade reports, diploma and records of any student or former
student who owes a debt of less than $50 to the school district. A school
district shall release the grade reports, diploma and records upon
payment of the debt.

(2) A school district board shall adopt policies about how the
school district shall collect from a student or the parent or guardian of
the student any amount that is owed to a school district that is $50 or
more by a student or former student of the school district. In addition,
the school district board may adopt policies for the collection of debt
owed to the school district that is less than $50.

(3) The parent or guardian of such student shall be liable for
damages as otherwise provided by law.

(4) Notwithstanding subsections (1) and (2) of this section, a
school district board may adopt policies that allow the school district
to waive all or a portion of a debt owed to the school district by a
student if:

(a) The school district determines that the student or the parent
or guardian of the student is unable to pay the debt;

(b) The payment of the debt could impact the health or safety of
the student;

(c) The creation of the notice required by subsection (7) of this
section would cost more than the potential total debt collected relating
to the notice; or

(d) There are mitigating circumstances as determined by the
superintendent of the school district that preclude the collection of the
debt.

(5) Notwithstanding subsection (1) of this section, a school
district shall not withhold the education records of a student in the
circumstances described in ORS 326.575 and applicable rules of the State
Board of Education or when such records are requested for use in the
appropriate placement of the student.

(6) Before any grade reports, diplomas or records are withheld
under subsection (1) of this section or any debt is collected under
subsection (2) of this section, a school district board shall adopt
policies that ensure that the rights of the student to due process are
protected. The policies adopted under this subsection and subsection (2)
of this section shall meet the requirements of subsections (7) and (8) of
this section.

(7) Prior to pursuing the collection of a debt owed to the school
district by a student or former student or withholding any grade reports,
diploma or records of a student or former student, the school district
must give written or oral notice to the student and the parent or
guardian of the student. The notice must state the reason the student
owes money to the school district and the amount owed. The notice must
inform the student and the parent or guardian of the student that the
school district intends to withhold the grade reports, diploma and
records of the student until the debt is paid. The notice must also state
that the school district may pursue the matter through a private
collection agency or other method available to the school district. A
school district may give more than one notice to the student and the
parent or guardian of the student.

(8) Following a date that is at least 10 days after the date of the
last notice given under subsection (7) of this section, if the student or
the parent or guardian of the student has not paid the debt, the school
district:

(a) Shall, if the debt is $50 or more, withhold the grade reports,
diploma and records of the student;

(b) May, if the debt is less than $50, withhold the grade reports,
diploma and records of the student; and

(c) May pursue the matter through a private collection agency or
other method available to the school district.

(9) Nothing in this section is intended to prevent inspection of
student education records by a parent or legal guardian pursuant to ORS
343.173, the rules of the State Board of Education and applicable state
and federal law.

(10) Each school district shall notify students about the
provisions of this section and ORS 339.270 at least once each school year.

(11) In any civil action by a school district against a student or
parent or guardian of a student for the collection of a debt owed to the
school district, if the school district is the prevailing party, the
court shall award the school district costs and reasonable attorney fees.
[1965 c.100 §290; 1971 c.561 §4; 1985 c.514 §1; 1993 c.806 §5; 1995 c.656
§3; 2003 c.690 §1](1) If a school district finds that a student is responsible for damaging
school district property, the school district shall determine the
reasonable cost of repairing or replacing the school district property.
If the cost is $50 or more, the school district shall notify the student
and the parent or guardian of the student about the cost and shall 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, and the school district shall
withhold the grade reports, diploma and records of the student pursuant
to ORS 339.260.

(2) If the cost of repairing or replacing school district property
is less than $50, the school district may proceed under this section to
collect the debt.

(3) 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 for the amount owed to the school district plus costs and
reasonable attorney fees. [1971 c.561 §5; 1975 c.712 §2; 1977 c.419 §2;
1993 c.45 §124; 2003 c.690 §2]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:

(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 when the grade
is reduced or credit is denied for attendance rather than academic
reasons.

(3) The reasons for the nonattendance are considered and the grade
is not reduced or credit is not denied based on absences due to:

(a) Religious reasons;

(b) A student’s disability; or

(c) An excused absence as determined by the policy of the school
district. [1995 c.656 §4]SCHOOL SAFETY(Coordination and Information Sharing) 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](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.

(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 report.
Any participant has the same immunity with respect to participating in
any judicial proceeding resulting from the report.

(c) Except as required by ORS 135.805 to 135.873 and 419C.270 (5)
or (6), the identity of a person participating in good faith in the
making of a report under paragraph (a) of this subsection who has
reasonable grounds for making the report is confidential and may not be
disclosed by law enforcement agencies, the district attorney or any
public or private school administrator, school director or employee.

(2) When a law enforcement agency receives a report under
subsection (1) of this section, the law enforcement agency shall promptly
conduct an investigation to determine whether there is probable cause to
believe that the person, while in a school, did possess a firearm or
destructive device in violation of ORS 166.250, 166.370 or 166.382.

(3) As used in this section, “school” means:

(a) A public or private institution of learning providing
instruction at levels kindergarten through grade 12, or their
equivalents, or any part thereof;

(b) The grounds adjacent to the institution; and

(c) Any site or premises that at the time is being used exclusively
for a student program or activity that is sponsored or sanctioned by the
institution, a public school district, an education service district or a
voluntary organization approved by the State Board of Education under ORS
339.430 and that is posted as such.

(4) For purposes of subsection (3)(c) of this section, a site or
premises is posted as such when the sponsoring or sanctioning entity has
posted a notice identifying the sponsoring or sanctioning entity and
stating, in substance, that the program or activity is a school function
and that the possession of firearms or dangerous weapons in or on the
site or premises is prohibited under ORS 166.370. [1999 c.577 §1](1) No later than 15 days after a person under 18 years of age
is charged with a crime under ORS 137.707 or 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, shall notify the school
district in which the person resides of that fact. The district attorney
or city attorney shall include in the notice the crime with which the
person is charged.

(2) A district attorney, city attorney or anyone employed by or
acting on behalf of a district attorney or city attorney who sends
records under this section is not liable civilly or criminally for
failing to disclose the information under this section. [1999 c.620 §1](1) When a person under 18 years of age is convicted of a crime
under ORS 137.707 or following waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370 (1)(b), the agency supervising the person shall
notify the school district in which the person resides of that fact
within five days following sentencing. The agency supervising the person
shall include in the notice:

(a) The crime of conviction;

(b) The sentence imposed; and

(c) If the person is released on any type of release, whether
school attendance is a condition of the release.

(2) An agency supervising a person or anyone employed by or acting
on behalf of an agency supervising a person who sends records under this
section is not liable civilly or criminally for failing to disclose the
information under this section. [1999 c.620 §2](1) No later than 15 days prior
to the release or discharge of a person committed to the legal custody of
the Department of Corrections or the supervisory authority of a county
under ORS 137.707 or following waiver under ORS 419C.349, 419C.352,
419C.364 or 419C.370, the department or supervisory authority, as
appropriate, shall notify the following of the release or discharge if
the person is under 21 years of age at the time of the release:

(a) Law enforcement agencies in the community in which the person
is going to reside; and

(b) The school district in which the person is going to reside.

(2) The department or supervisory authority shall include in the
notification:

(a) The person’s name and date of release or discharge;

(b) The type of supervision under which the person is released; and

(c) Whether school attendance is a condition of release.

(3) The department, supervisory authority or anyone employed by or
acting on behalf of the department or supervisory authority who sends
records under this section is not liable civilly or criminally for
failing to disclose the information under this section. [1999 c.620 §5](1) When a school district receives notice under ORS 339.317, 339.319,
339.321 or 420A.122, the school district may disclose the information
only to those school employees the district 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.

(2) A school district or anyone employed by or acting on behalf of
a school district who receives notice under ORS 339.317, 339.319, 339.321
or 420A.122 is not liable civilly or criminally for failing to disclose
the information. [1999 c.620 §6](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:

(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 that a student, while in a school, has made
threats of violence or harm to another student shall notify the parent or
guardian of the threatened student.

(3) The superintendent or superintendent’s designee shall attempt
to notify the persons specified in subsections (1) and (2) of this
section by telephone or in person promptly but not later than 12 hours
after discovering the list or learning of the threat. The superintendent
or superintendent’s designee shall follow up the notice with a written
notification sent within 24 hours after discovering the list or learning
of the threat.

(4) Any school district or person participating in good faith in
making the notification required by this section is immune from any
liability, civil or criminal, that might otherwise be incurred or imposed
with respect to the making or content of the notification.

(5) As used in this section, “school” has the meaning given that
term in ORS 339.315. [1999 c.577 §13; 2005 c.209 §31](Center for School Safety) (1) There
is created the Center for School Safety within the Department of Higher
Education. The mission of the center shall be to:

(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 Department of Education and others.

(2) To fulfill its mission, the Center for School Safety shall:

(a) Establish a clearinghouse for information and materials
concerning school violence prevention and intervention services. As used
in this paragraph, “intervention services” means any preventive,
developmental, corrective or supportive service or treatment provided to
a student who is at risk of school failure, is at risk of participation
in violent behavior or juvenile crime or has been expelled from the
school district. “Intervention services” may include, but is not limited
to:

(A) Screening to identify students at risk for emotional
disabilities or antisocial behavior;

(B) Direct instruction in academic, social, problem-solving and
conflict resolution skills;

(C) Alternative education programs;

(D) Psychological services;

(E) Identification and assessment of abilities;

(F) Counseling services;

(G) Medical services;

(H) Day treatment;

(I) Family services; and

(J) Work and community service programs.

(b) Provide program development and implementation expertise and
technical support to schools, law enforcement agencies and communities.
The expertise and support may include coordinating training for
administrators, teachers, students, parents and other community
representatives.

(c) Analyze the data collected in compliance with section 5,
chapter 618, Oregon Laws 2001.

(d) Research and evaluate school safety programs so schools and
communities are better able to address their specific needs.

(e) Promote interagency efforts to address discipline and safety
issues within communities throughout the state.

(f) Prepare and disseminate information regarding the best
practices in creating safe and effective schools.

(g) Advise the State Board of Education on rules and policies.

(h) Provide an annual report on the status of school safety in
Oregon by July 1 of each year to:

(A) The Governor;

(B) The Attorney General;

(C) The State Board of Education; and

(D) All relevant legislative committees.

(3) The University of Oregon Institute on Violence and Destructive
Behavior shall provide staff support to the Center for School Safety
board of directors and shall manage the center.

(4) The Center for School Safety board of directors may seek and
accept public and private funds for the center. [2001 c.618 §1] (1) The Center for School Safety shall
be governed by a board of directors. The board of directors shall consist
of:

(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 the
superintendent;

(e) The Director of Human Services or a designee of the director;

(f) Nine members appointed by the Governor, as follows:

(A) One member representing the Oregon School Boards Association;

(B) One member representing the Confederation of Oregon School
Administrators;

(C) One member representing the Oregon Education Association;

(D) One member representing the Oregon School Employees Association;

(E) One member representing the Oregon State Sheriffs’ Association;

(F) One member representing the Oregon Association Chiefs of Police;

(G) One member representing the Oregon District Attorneys
Association;

(H) One member representing the National Resource Center for Safe
Schools on the Northwest Regional Educational Laboratory; and

(I) One member representing the Oregon School Safety Officers
Association; and

(g) Other members that the board may appoint.

(2) When making appointments to the board of directors, the
Governor shall solicit recommendations from professional organizations
that represent school employees, school district boards, school
administrators and other education providers.

(3) The term of office of each board member appointed by the
Governor is two years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a board member, the
Governor shall appoint a successor. A board member is eligible for
reappointment but shall not serve for more than two consecutive terms. If
there is a vacancy for any cause, the Governor shall make an appointment
to become immediately effective for the unexpired term.

(4) A member of the board of directors is entitled to compensation
and expenses as provided in ORS 292.495.

(5) The board of directors shall meet a minimum of four times per
year.

(6) The board of directors shall annually elect a chairperson and
vice chairperson from the membership. The board of directors may form
committees as needed. [2001 c.618 §2; 2003 c.791 §29] (1) The
Department of Higher Education 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.

(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
department for the center shall be paid into the State Treasury and
credited to the account. All moneys in the account are appropriated
continuously to the department and shall be used by the department for
the purposes of carrying out ORS 339.331, 339.333 and 339.339. [2001
c.618 §8]
The Department of Education, in collaboration with the Center for School
Safety, shall:

(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 learning environment and student achievement
and to reduce the dropout rate.

(3) Provide technical assistance to those school districts
requesting assistance in reducing the dropout rate. [2001 c.618 §6](Harassment, Intimidation and Bullying) As used in ORS
339.351 to 339.364, “harassment, intimidation or bullying” means any act
that substantially interferes with a student’s educational benefits,
opportunities or performance, that takes place on or immediately adjacent
to school grounds, at any school-sponsored activity, on school-provided
transportation or at any official school bus stop, and that has the
effect of:

(1) Physically harming a student or damaging a student’s property;

(2) Knowingly placing a student in reasonable fear of physical harm
to the student or damage to the student’s property; or

(3) Creating a hostile educational environment. [2001 c.617 §2] (1) The Legislative Assembly finds that:

(a) A safe and civil environment is necessary for students to learn
and achieve high academic standards.

(b) Harassment, intimidation or bullying, like other disruptive or
violent behavior, is conduct that disrupts a student’s ability to learn
and a school’s ability to educate its students in a safe environment.

(c) Students learn by example.

(2) The legislature commends school administrators, faculty, staff
and volunteers for demonstrating appropriate behavior, treating others
with civility and respect and refusing to tolerate harassment,
intimidation or bullying. [2001 c.617 §1; 2005 c.209 §32](1) Each school district shall adopt a policy prohibiting
harassment, intimidation or bullying. School districts are encouraged to
develop the policy after consultation with parents and guardians, school
employees, volunteers, students, administrators and community
representatives.

(2) School districts are encouraged to include in the policy:

(a) A statement prohibiting harassment, intimidation or bullying;

(b) A definition of harassment, intimidation or bullying that is
consistent with ORS 339.351;

(c) A description of the type of behavior expected from each
student;

(d) A statement of the consequences and appropriate remedial action
for a person who commits an act of harassment, intimidation or bullying;

(e) A procedure for reporting an act of harassment, intimidation or
bullying, including a provision that permits a person to report an act of
harassment, intimidation or bullying anonymously. Nothing in this
paragraph may be construed to permit formal disciplinary action solely on
the basis of an anonymous report;

(f) A procedure for prompt investigation of a report of an act of
harassment, intimidation or bullying;

(g) A statement of the manner in which a school district will
respond after an act of harassment, intimidation or bullying is reported,
investigated and confirmed;

(h) A statement of the consequences and appropriate remedial action
for a person found to have committed an act of harassment, intimidation
or bullying;

(i) A statement prohibiting reprisal or retaliation against any
person who reports an act of harassment, intimidation or bullying and
stating the consequences and appropriate remedial action for a person who
engages in such reprisal or retaliation;

(j) A statement of the consequences and appropriate remedial action
for a person found to have falsely accused another of having committed an
act of harassment, intimidation or bullying as a means of reprisal or
retaliation or as a means of harassment, intimidation or bullying;

(k) A statement of how the policy is to be publicized within the
district, including a notice that the policy applies to behavior at
school-sponsored activities; and

(L) The identification by job title of school officials responsible
for ensuring that policy is implemented. [2001 c.617 §3]
School districts are encouraged to form harassment, intimidation or
bullying prevention task forces, programs, and other initiatives
involving school employees, students, administrators, volunteers,
parents, guardians, law enforcement and community representatives. [2001
c.617 §6](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.

(2) A school employee, student or volunteer who witnesses or has
reliable information that a student has been subjected to an act of
harassment, intimidation or bullying is encouraged to report the act to
the appropriate school official designated by the school district’s
policy.

(3) A school employee who promptly reports an act of harassment,
intimidation or bullying to the appropriate school official in compliance
with the procedures set forth in the school district’s policy is immune
from a cause of action for damages arising from any failure to remedy the
reported act. [2001 c.617 §5]ORS 339.351 to
339.364 may not be interpreted to prevent a victim of harassment,
intimidation or bullying from seeking redress under any other available
law, whether civil or criminal. ORS 339.351 to 339.364 do not create any
statutory cause of action. [2001 c.617 §7](Child Abuse Reporting) As used in this
section and ORS 339.372 and 339.375:

(1) “Abuse” has the meaning given that term in ORS 419B.005.

(2) “Disciplinary records” means the records related to a personnel
discipline action or materials or documents supporting that action.

(3) “Education provider” means:

(a) A school district as defined in ORS 332.002.

(b) The Oregon State School for the Blind.

(c) The Oregon State School for the Deaf.

(d) An educational program under the Youth Corrections Education
Program.

(e) A public charter school as defined in ORS 338.005.

(f) An education service district as defined in ORS 334.003.

(g) Any state-operated program that provides educational services
to kindergarten through grade 12 students.

(h) A private school.

(4) “Law enforcement agency” has the meaning given that term in ORS
419B.005.

(5) “Private school” means a school that provides educational
services as defined in ORS 345.505 to kindergarten through grade 12
students.

(6) “School board” means the governing board or governing body of
an education provider.

(7) “School employee” means an employee of an education provider.
[2005 c.367 §1] Each
school board shall adopt policies on the reporting of child abuse. The
policies shall:

(1) Specify that child abuse by school employees is not tolerated;

(2) Specify that all school employees are subject to the policies;

(3) Require that all school employees report suspected child abuse
to a law enforcement agency, the Department of Human Services or a
designee of the department as required by ORS 419B.010 and 419B.015 and
report suspected child abuse to the employees’ supervisors or other
persons designated by the school board;

(4) Designate a person to receive reports of suspected child abuse
by school employees and specify the procedures to be followed by that
person upon receipt of a report;

(5) Require the posting in each school building of the name and
contact information for the person designated for the school building to
receive reports of suspected child abuse by school employees and the
procedures the person will follow upon receipt of a report;

(6) Specify that the initiation of a report in good faith about
suspected child abuse may not adversely affect any terms or conditions of
employment or the work environment of the complainant;

(7) Specify that the school board or any school employee will not
discipline a student for the initiation of a report in good faith about
suspected child abuse by a school employee; and

(8) Require notification by the education provider to the person
who initiated the report about actions taken by the education provider
based on the report. [2005 c.367 §2](1) Any school employee having reasonable cause to believe that
any child with whom the employee comes in contact has suffered abuse by
another school employee, or that another school employee with whom the
employee comes in contact has abused a child, shall immediately report
the information to:

(a) A supervisor or other person designated by the school board; and

(b) A law enforcement agency, the Department of Human Services or a
designee of the department as required by ORS 419B.010 and 419B.015.

(2) A supervisor or other person designated by the school board who
receives a report under subsection (1) of this section, shall follow the
procedures required by the policy adopted by the school board under ORS
339.372.

(3) Except as provided in subsection (4) of this section, when an
education provider receives a report of suspected child abuse by one of
its employees, and the education provider’s designee determines that
there is reasonable cause to support the report, the education provider
shall place the school employee on paid administrative leave until either:

(a) The Department of Human Services or a law enforcement agency
determines that the report is unfounded or that the report will not be
pursued; or

(b) The Department of Human Services or a law enforcement agency
determines that the report is founded and the education provider takes
the appropriate disciplinary action against the school employee.

(4) If the Department of Human Services or a law enforcement agency
is unable to determine, based on a report of suspected child abuse,
whether child abuse occurred, an education provider may reinstate a
school employee placed on paid administrative leave under subsection (3)
of this section or may take the appropriate disciplinary action against
the employee.

(5) Upon request from a law enforcement agency, the Department of
Human Services or the Teacher Standards and Practices Commission, a
school district shall provide the records of investigations of suspected
child abuse by a school employee.

(6) The disciplinary records of a school employee convicted of a
crime listed in ORS 342.143 are not exempt from disclosure under ORS
192.501 or 192.502. When a school employee is convicted of a crime listed
in ORS 342.143, the education provider that is the employer of the
employee shall disclose the disciplinary records of the employee to any
person upon request.

(7) Prior to disclosure of a disciplinary record under subsection
(6) of this section, an education provider shall remove any personally
identifiable information from the record that would disclose the identity
of a child, a crime victim or a school employee who is not the subject of
the disciplinary record. [2005 c.367 §3]RELIGIOUS INSTRUCTION Upon
application of the parent or guardian of the child, or, if the child has
attained the age of majority, upon application of the child, a child
attending the public school may be excused from school for periods not
exceeding two hours in any week for elementary pupils and five hours in
any week for secondary pupils to attend weekday schools giving
instruction in religion. [1965 c.100 §298; 1973 c.827 §32; 1977 c.276 §1]INTERSCHOLASTIC ACTIVITIES(1) Voluntary
organizations that desire to administer interscholastic activities shall
apply to the State Board of Education for approval.

(2) The board shall review the rules and bylaws of the voluntary
organization to determine that the rules and bylaws do not conflict with
state law or rules of the board.

(3) A voluntary organization must submit to the board for review
any rules, or changes in rules, that specify the criteria for the
placement of a school into an interscholastic activity district. A
voluntary organization may not establish or change an interscholastic
activity district until the board has approved the rules of the voluntary
organization.

(4) If a voluntary organization meets the standards established
under ORS 326.051 and its rules and bylaws do not conflict with state law
or rules of the board, the board shall approve the organization. An
approved voluntary organization is qualified to administer
interscholastic activities.

(5) The board may suspend or revoke its approval if an approved
organization is found to have violated state law, rules of the board or
subsection (3) of this section. If a voluntary organization is not
approved or its approval is suspended or revoked, it may appeal the
denial, suspension or revocation as a contested case under ORS chapter
183.

(6) A voluntary organization’s decisions concerning interscholastic
activities may be appealed to the board, which may hear the matter or by
rule may delegate authority to a hearing officer to hold a hearing and
enter a final order under ORS chapter 183. Such decisions may be appealed
under ORS 183.482. [Formerly 326.058; 2001 c.104 §114; 2001 c.368 §1;
2003 c.184 §1]No school, school district or association,
whether public or private, shall deny any grade or high school student
the right to participate in interscholastic athletics solely on the
ground that the student transferred between schools or participated in
athletics at another school. [1983 c.823 §2](1) Homeschooled students shall not be denied by
a school district the opportunity to participate in all interscholastic
activities if the student fulfills the following conditions:

(a) The student must meet all school district eligibility
requirements with the exception of:

(A) The school district’s school or class attendance requirements;
and

(B) The class requirements of the voluntary association
administering interscholastic activities.

(b)(A) The student must achieve a minimum score on an examination
from the list adopted by the State Board of Education pursuant to ORS
339.035. The examination shall be taken at the end of each school year
and shall be used to determine eligibility for the following year. The
minimum, composite test score that a student must achieve shall place the
student at or above the 23rd percentile based on national norms. The
parent or legal guardian shall submit the examination results to the
school district; or

(B) A school district may adopt alternative requirements, in
consultation with the parent or legal guardian of a homeschooled student,
that a student must meet to participate in interscholastic activities,
including but not limited to a requirement that a student submit a
portfolio of work samples to a school district committee for review to
determine whether a student is eligible to participate in interscholastic
activities.

(c) Any public school student who chooses to be homeschooled must
also meet the minimum standards as described in paragraph (b) of this
subsection. The student may participate while awaiting examination
results.

(d) Any public school student who has been unable to maintain
academic eligibility shall be ineligible to participate in
interscholastic activities as a homeschooled student for the duration of
the school year in which the student becomes academically ineligible and
for the following year. The student must take the required examinations
at the end of the second year and meet the standards described in
paragraph (b) of this subsection to become eligible for the third year.

(e) The homeschooled student shall be required to fulfill the same
responsibilities and standards of behavior and performance, including
related class or practice requirements, of other students participating
in the interscholastic activity of the team or squad and shall be
required to meet the same standards for acceptance on the team or squad.
The homeschooled student must also comply with all public school
requirements during the time of participation.

(f) A homeschooled student participating in interscholastic
activities must reside within the attendance boundaries of the school for
which the student participates.

(2) As used in this section:

(a) “Board” means the State Board of Education.

(b) “Homeschooled students” are those children taught by private
teachers, parents or legal guardians as described in ORS 339.030.

(c) “Interscholastic activities” includes but is not limited to
athletics, music, speech, and other related activities. [1991 c.914
§§1,2; 1999 c.717 §2; 2003 c.14 §150]STUDENT ACCOUNTING SYSTEM (1) For
purposes of the student accounting system required by ORS 339.515, the
following definitions shall be used:

(a) “Graduate” means an individual who has:

(A) Not reached 21 years of age or whose 21st birthday occurs
during the current school year;

(B) Met all state requirements and local requirements for
attendance, competence and units of credit for high school; and

(C) Received one of the following:

(i) A high school diploma issued by a school district.

(ii) An adult high school diploma issued by an authorized community
college.

(iii) A modified high school diploma based on the successful
completion of an individual education plan.

(b) “School dropout” means an individual who:

(A) Has enrolled for the current school year, or was enrolled in
the previous school year and did not attend during the current school
year;

(B) Is not a high school graduate;

(C) Has not received a General Educational Development (GED)
certificate; and

(D) Has withdrawn from school.

(c) “School dropout” does not include a student described by at
least one of the following:

(A) A student who has transferred to another educational system or
institution that leads to graduation and the school district has received
a written request for the transfer of the student’s records or
transcripts.

(B) A student who is deceased.

(C) A student who is participating in home instruction paid for by
the district.

(D) A student who is being taught by a private teacher, parent or
legal guardian pursuant to ORS 339.030 (1)(c) or (d).

(E) A student who is participating in a Department of Education
approved public or private education program, an alternative education
program as defined in ORS 336.615 or a hospital education program, or is
residing in a Department of Human Services facility.

(F) A student who is temporarily residing in a shelter care program
certified by the Oregon Youth Authority or the Department of Human
Services or in a juvenile detention facility.

(G) A student who is enrolled in a foreign exchange program.

(H) A student who is temporarily absent from school because of
suspension, a family emergency, or severe health or medical problems that
prohibit the student from attending school.

(I) A student who has received a General Educational Development
(GED) certificate.

(2) The State Board of Education shall prescribe by rule when an
unexplained absence becomes withdrawal, when a student is considered
enrolled in school, acceptable alternative education programs under ORS
336.615 to 336.665 and the standards for excused absences for purposes of
ORS 339.065 for family emergencies and health and medical problems. [1991
c.805 §4; 1993 c.676 §51; 1997 c.89 §1; 1997 c.249 §100; 1999 c.59 §87;
1999 c.717 §5; 2001 c.490 §9; 2003 c.14 §151; 2005 c.22 §234] Pursuant to rules of the
State Board of Education, the Department of Education shall establish and
maintain a student accounting system that has as its minimum goals:

(1) Providing a timely accounting of students who withdraw from
school before graduating or completing the normal course of study;

(2) Providing reasons why students withdraw from school;

(3) Identifying patterns in the information and assessment of
factors that may assist the department and the school district to develop
programs addressing the problems of dropouts; and

(4) Providing school districts with management tools for assessing
which students are dropouts and why they drop out. [1991 c.805 §1](1) In order to meet the goals described in ORS 339.510,
the Department of Education shall develop a system of uniform reporting
and shall assist school districts in establishing such systems, with
appropriate allowances being made for the size of districts and their
existing reporting systems.

(2) The department shall provide training and technical assistance
to school district personnel so that, statewide, the student accounting
system produces uniform and accurate reports. [1991 c.805 §2]The minimum information to be reported on students who withdraw
from school prior to becoming graduates and who do not transfer to
another educational system is:

(1) Age, sex and racial-ethnic designation of the student;

(2) Date of withdrawal;

(3) Reason for withdrawal, including but not limited to expulsion,
work or death;

(4) Number of credits earned toward meeting graduation
requirements, if applicable, or grade level, of the reporting district;

(5) Length of time the student was enrolled in the reporting
district;

(6) Information relating to the disposition of the student after
withdrawing, including but not limited to General Educational Development
(GED) participation, alternative certificate of participation, transfer
to mental health or youth correction facility or participation in a
substance abuse program or other dispositions listed in ORS 339.505
(1)(b) and (c); and

(7) Information on why the student withdrew as such information
relates to academics, conduct standards, interpersonal relationships,
relation with school personnel, personal characteristics such as illness,
lack of motivation, home and family characteristics, alternative
education participation and employment information. [1991 c.805 §3; 1997
c.249 §101; 2005 c.209 §33]TRAFFIC PATROLAs used in ORS 339.650 to 339.665
“traffic patrol” means one or more individuals appointed by a public,
private or parochial school to protect pupils in their crossing of
streets or highways on their way to or from the school by directing the
pupils or by cautioning vehicle operators. [Formerly 336.450] (1) A
district school board may do all things necessary, including the
expenditure of district funds, to organize, supervise, control or operate
traffic patrols. A district school board may make rules relating to
traffic patrols which are consistent with rules under ORS 339.660 (1).

(2) The establishment, maintenance and operation of a traffic
patrol does not constitute negligence on the part of any school district
or school authority.

(3) A district school board may provide medical or hospital care
for an individual who is injured or disabled while acting as a member of
a traffic patrol. [Formerly 336.460] (1) To
promote safety the State Board of Education after consultation with the
Department of Transportation and the Department of State Police, shall
make rules relating to traffic patrols.

(2) A member of a traffic patrol:

(a) Shall be at least 18 years of age unless the parent or guardian
of the member of the traffic patrol has consented in writing to such
membership and ceases to be a member if such consent is revoked.

(b) May display a badge marked “traffic patrol” while serving as a
member.

(c) May display a directional sign or signal in cautioning drivers
where students use a school crosswalk of the driver’s responsibility to
obey ORS 811.015. [Formerly 336.470](1) The Department of Education and the Department
of Transportation shall cooperate with any public, private or parochial
school in the organization, supervision, control and operation of its
traffic patrol.

(2) The Department of State Police, the sheriff of each county or
the police of each city may assist any public, private or parochial
school in the organization, supervision, control or operation of its
traffic patrol. [Formerly 336.480]MISCELLANEOUS(1) Any person other than a student at the Oregon State
School for the Deaf or the Oregon State School for the Blind upon
successful completion of an educational program at elementary or
secondary level at a state institution shall receive a diploma evidencing
such completion issued by the common or union high school district in
which the person last resided prior to commitment to the state
institution.

(2) All educational records for the person shall be sent to the
common or union high school district issuing the diploma. The school
district may make a transcript of such records available upon request in
the same manner and in the same form as it makes any other transcript
available and shall not therein indicate that any of the educational
program was completed in any state institution. [Formerly 332.790](1) A facility shall not permit any person under 18 years of age to
possess tobacco products, as defined in ORS 431.840, while the person is
present on facility grounds or in facility buildings or attending
facility-sponsored activities.

(2) The facility must have written policies prohibiting the
possession of tobacco products described in subsection (1) of this
section by persons under 18 years of age. The facility must have written
plans to implement such policies.

(3) This section does not apply to any person for whom a tobacco or
nicotine product has been lawfully prescribed.

(4) As used in this section, “facility” means public or private
schools, youth correction facilities or juvenile detention facilities.
“Facility” does not include colleges or universities, professional
technical schools or community colleges. [Formerly 336.660]As used in ORS 339.869 and 339.870,
“medication” means noninjectable medication. [1997 c.144 §1] (1) The
State Board of Education, in consultation with the Department of Human
Services, the Oregon State Board of Nursing and the State Board of
Pharmacy, shall adopt rules for the administration of prescription and
nonprescription medication to students by trained school personnel and
for student self-medication. The rules shall include age appropriate
guidelines and training requirements for school personnel.

(2) School district boards shall adopt policies and procedures that
provide for the administration of prescription and nonprescription
medication to students by trained school personnel and for student
self-medication. Such policies and procedures shall be consistent with
the rules adopted by the State Board of Education under subsection (1) of
this section. A school district board shall not require school personnel
who have not received appropriate training to administer medication.
[1997 c.144 §4] (1)
A school administrator, teacher or other school employee designated by
the school administrator is not liable in a criminal action or for civil
damages as a result of the administration of nonprescription medication,
if the school administrator, teacher or other school employee in good
faith administers nonprescription medication to a pupil pursuant to
written permission and instructions of the pupil’s parents or guardian.

(2) A school administrator, teacher or other school employee
designated by the school administrator is not liable in a criminal action
or for civil damages as a result of the administration of prescription
medication, if the school administrator, teacher or other school employee
in compliance with the instructions of a physician, physician assistant,
nurse practitioner or clinical nurse specialist, in good faith
administers prescription medication to a pupil pursuant to written
permission and instructions of the pupil’s parents or guardian.

(3) The civil and criminal immunities imposed by subsections (1)
and (2) of this section do not apply to an act or omission amounting to
gross negligence or willful and wanton misconduct. [Formerly 336.650;
1997 c.144 §2; 2001 c.143 §1; 2005 c.462 §1](1) A preschool
through grade 12 public school administrator, teacher, counselor or nurse
may not recommend to a parent or legal guardian of a student that the
student seek a prescription for a medication that is prescribed with the
intent of affecting or altering the thought processes, mood or behavior
of the student.

(2) Preschool through grade 12 public school teachers and other
school personnel may not require a child to obtain a prescription for a
substance covered by the Controlled Substances Act, 21 U.S.C. 801 et
seq., as a condition of attending school, receiving an evaluation to
determine eligibility for early childhood special education or special
education under ORS chapter 343 or receiving early childhood special
education or special education services.

(3) Nothing in this section:

(a) Prohibits a preschool through grade 12 public school teacher or
other school personnel from consulting or sharing classroom-based
observations with a parent or legal guardian of a student concerning the
student’s academic and functional performance, behavior at school or need
for evaluation for special education or related services; or

(b) Relieves a school district of the duty to identify, locate and
evaluate students with disabilities. [2003 c.485 §1; 2005 c.662 §13] (1) Each district
school board shall:

(a) Procure a United States flag and an Oregon State flag of
suitable sizes and shall cause such flags to be displayed upon or near
each public school building during school hours, except in unsuitable
weather, and at such other times as the board deems proper.

(b) Provide students with the opportunity to salute the United
States flag at least once each week of the school year by reciting: “I
pledge allegiance to the Flag of the United States of America, and to the
Republic for which it stands, one Nation under God, indivisible, with
liberty and justice for all.”

(2) Students who do not participate in the salute provided for by
this section must maintain a respectful silence during the salute.
[Formerly 332.100 and then 336.045 and then 336.630; 1999 c.137 §1] No person
shall solicit, receive or permit to be solicited or received from pupils
enrolled in public schools, on any public school premises any
subscription, donation of money or other thing of value for presentation
of testimonials to school officials or for any purpose except such as are
authorized by the district school board. [Formerly 336.430 and then
336.620](1) No secret society of any kind,
including a fraternity or sorority, shall be permitted in any public
school.

(2) The district school board may order the suspension or expulsion
of any pupil who belongs to a secret society.

(3) This section does not apply to any institution of higher
education under the jurisdiction of the State Board of Higher Education.
[Formerly 336.440 and then 336.610]ENFORCEMENT
(1) In addition to any other persons permitted to enforce violations, the
school district superintendent or education service district
superintendent, or any employee specifically designated by either
superintendent, may issue citations for violations established under ORS
339.990 in the manner provided by ORS chapter 153.

(2) Prior to issuing the citation described in subsection (3) of
this section to the parent or guardian of a student not regularly
attending full-time school, a school district superintendent or education
service district superintendent shall:

(a) Provide a parent or guardian of the student and the student
with written notification that:

(A) States that the student is required to attend regularly a
full-time school;

(B) Explains that the failure to send the student and maintain the
student in regular attendance is a Class C violation;

(C) States that the superintendent may issue a citation;

(D) Requires the parent or guardian of the student and the student
to attend a conference with a designated official; and

(E) Is written in the native language of the parent or guardian of
the student.

(b) Schedule the conference described in paragraph (a)(D) of this
subsection.

(3) Notwithstanding ORS 1.525 or any provision of ORS chapter 153,
the State Board of Education by rule shall establish the citation form to
be used by superintendents in citing violations established under ORS
339.990. Notwithstanding ORS 153.045, each of the parts of the citation
shall contain the information required by the state board.

(4) All fines and court costs recovered from compulsory school
attendance violations shall be paid to the clerk of the court involved.
After deductions of court costs provided by law for the proceeding, the
clerk shall pay the remainder of the money to the State Treasurer to be
deposited in the Criminal Fine and Assessment Account in the General
Fund. [1993 c.413 §4; 1995 c.116 §1; 1999 c.1051 §112]PENALTIESViolation of ORS 339.020 or the requirements of
ORS 339.035 is a Class C violation. [Amended by 1965 c.100 §299; 1967
c.67 §10; 1985 c.597 §3; 1993 c.413 §1; 1999 c.1051 §113]

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