Oregon Revised Statutes

Chapter 339 — School Attendance; Admission; Discipline; Safety

156 sections

339.005 Definition for ORS 339.040 and 339.125

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 (Temp…

339.010 School attendance required

Except as provided in ORS 339.030, all children between the ages of 6 and 18 years who have not completed the 12th grade are required to regularly attend a public full-time school during the entire school term. All children five years of age who have been enrolled in a public school are required to attend regularly the public school while enrolled in the pu…

339.020 Duty to send children to school

Except as provided in ORS 339.030, every person having control of a child between the ages of 6 and 18 years who has not completed the 12th grade is required to send the child to, and maintain the child in, regular attendance at a public full-time school during the entire school term. If a person has control of a child five years of age and has enrolled the…

339.030 Exemptions from compulsory school attendance; rules

In the following cases, children may not be required to attend public full-time schools: Children being taught in a private or parochial school in the courses of study usually taught in kindergarten through grade 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the 1994-1995 school y…

339.035 Teaching by private teacher, parent or guardian; rules

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. When a child is taught or is withdrawn from a public school to be taught by a parent, legal guardian or private teacher, as provided in ORS 339.030, the parent, legal guardian or private teacher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 …

339.040 Attendance supervisors

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 re…

339.050 [Amended by 1965 c.100 §278; repealed by 1965 c.136 §1]

339.055 Duties of attendance supervisors

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.

339.060 [Repealed by 1965 c.100 §456]

339.065 Estimates of attendance; irregular attendance; excused absences

In estimating regular attendance for purposes of the compulsory attendance provisions of ORS 339.005 to 339.030, 339.040 to 339.125, 339.137 and 339.420, the principal or teacher shall consider all unexcused absences. Eight unexcused one-half day absences in any four-week period during which the school is in session shall be considered irregular attendance. …

339.070 [Repealed by 1963 c.544 §52]

339.071 Attendance notification policy

Each district school board shall adopt an attendance notification policy that satisfies the requirements of this section. An attendance notification policy must: Be implemented by each school in the school district; and Require that each school ensure that a parent or other person in parental relationship to a child is notified by the end of the school da…

339.080 Nonattendance notice to parents, school officials and parole or probation officer

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 certifie…

339.090 Determination of compliance; notice to district superintendent

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 the…

339.095 Required procedures related to violations of certain school attendance requirements; rules

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. Prior to issuing the citation describe…

339.100 [Amended by 1963 c.544 §47; 1965 c.100 §279; renumbered 339.055]

339.110 [Repealed by 1965 c.100 §456]

ADMISSION OF STUDENTS

339.115 Admission of students; waiver; denial

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 …

339.119 Prohibition of payment as incentive to receive educational services; exceptions

As used in this section, “provider of educational services” means a public charter school, a district school board or a public or private provider of educational services that provides educational services under a contract or the authority of a public charter school or district school board. A provider of educational services may not offer payment of money …

339.120 [Amended by 1957 c.198 §5; repealed by 1965 c.100 §456]

339.122 Disclosures in promotional materials

As used in this section, “virtual public school” means a public school that: Provides online courses; and Does not primarily serve students in a physical location. In any advertising or other promotional materials of a virtual public school, including a virtual public charter school as defined in ORS 338.005, the school must clearly state that the school …

339.125 Contract for admission of nonresident pupils; costs

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 …

339.127 Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements

A district school board that admits nonresident students by giving consent as described in ORS 339.133 (5)(a) may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, resi…

339.128 Factors prohibited from consideration when admitting tuition-paying nonresident student

A district school board that admits nonresident students and charges nonresident students tuition may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, profi…

339.129 Education for children in local or regional correctional facilities required; funding; notice to district; access

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. The school district may claim State School Fund reimbursement under ORS 327.006 to 327.173, 327.3…

339.130 [Amended by 1957 c.198 §6; repealed by 1965 c.100 §456]

RESIDENCY

339.133 Determination of residency of student for school purposes

As used in this section: “Foster care” means substitute care for children placed by the Department of Human Services or a tribal child welfare agency away from their parents and for whom the department or agency has placement and care responsibility, including placements in foster family homes, foster homes of relatives, group homes, emergency shelters, res…

339.134 Residency of child voluntarily placed outside child’s home and living in substitute care program

Except as provided by subsection (2) of this section, a child whose parent or guardian voluntarily placed the child outside the child’s home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be considered a resident for school purposes in the school district in which the child resides because…

339.135 [1965 c.100 §287; 1967 c.507 §6; repealed by 1993 c.45 §117]

339.137 Residency of student at youth care center

Except as provided in subsection (2) of this section, a student described in ORS 336.580 shall be considered a resident of the school district in which the student resides by reason of the placement under ORS 336.580 for purposes of distribution of the State School Fund. For a child described in ORS 336.580 (2)(b), the child shall receive educational servic…

339.139 Residency of military children; rules

As used in this section: “Military child” means a child who is in a military family covered by the Interstate Compact on Educational Opportunity for Military Children, as determined under rules adopted by the State Board of Education. “Military transfer” means the transfer or pending transfer of a parent of a military child pursuant to an official military…

339.140 [Repealed by 1965 c.100 §456]

TUITION AND FEES

339.141 Tuition prohibited for regular school program; other programs

For the purposes of this section: “Public charter school” has the meaning given that term in ORS 338.005. “Regular school program” means the regular curriculum that is provided in the schools of the school district, including public charter schools, and that is provided: As required full-day sessions in grades 1 through 12; As required half-day sessions …

339.145 [1965 c.100 §288; 1967 c.67 §9; 1971 c.494 §2; repealed by 1993 c.45 §120]

339.147 When tuition authorized; waiver of tuition and fees

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…

339.150 [Amended by 1957 c.256 §1; repealed by 1965 c.100 §456]

339.155 Prohibitions of certain fees as condition of admission; allowable fees

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: Pursuant to ORS 339.141, but subject to ORS 339.147, tuition may be charged for courses not part…

339.160 [Repealed by 1965 c.100 §456]

339.165 [1971 c.402 §1; 1973 c.327 §1; 1981 c.404 §1; 1987 c.533 §1; 1989 c.620 §1; repealed by 1991 c.780 §30]

339.170 [Repealed by 1965 c.100 §456]

339.175 [1971 c.402 §2; 1979 c.836 §7; 1985 c.264 §1; 1989 c.620 §2; 1991 c.780 §35; renumbered 336.575 in 1993]

339.180 [Repealed by 1965 c.100 §456]

339.185 [1971 c.402 §3; 1973 c.327 §2; 1979 c.836 §1; 1983 c.731 §8; 1985 c.523 §1; 1987 c.318 §1; 1987 c.533 §2; 1989 c.620 §3; 1991 c.795 §10; repealed by 1991 c.780 §30]

339.190 [Repealed by 1965 c.100 §456]

339.195 [1987 c.817 §2; 1991 c.780 §36; 1993 c.45 §122; 1993 c.676 §50; renumbered 336.580 in 1993]

339.200 [Repealed by 1965 c.100 §456]

339.205 [1991 c.833 §1; 1993 c.18 §90; 1993 c.33 §323; renumbered 336.585 in 1993]

STUDENT CONDUCT AND DISCIPLINE

339.240 Rules of student conduct, discipline and rights; duties of state board and district school boards

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…

339.250 Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies

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. Each district school board shall adopt written policies for the discipline, suspension or expulsion of any refractory student. The policies: May allow discipline, suspe…

339.252 Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures

As used in this section, “child with a disability” has the meaning given that term in ORS 343.035. 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. A disciplinary remov…

339.253 [1979 c.739 §2; 1981 c.246 §3; 1987 c.675 §3; 1989 c.619 §3; renumbered 339.620 in 1989]

339.254 [1995 c.656 §5; 2003 c.695 §1; 2005 c.209 §30; repealed by 2018 c.76 §17]

339.255 [1979 c.836 §3; 1981 c.246 §4; renumbered 339.640 in 1989]

339.256 Prohibition on restriction of access to specialized learning areas or certain common areas

As used in this section: “Alternative education student” means a student who is part of a school or a separate class group that was designed to best serve the student’s educational needs and interests and to assist the student in achieving the academic standards of the school district and the state. “English language learner” has the meaning given that ter…

339.257 [1999 c.789 §4; 2015 c.716 §3; 2017 c.701 §22; repealed by 2018 c.76 §17]

339.260 [1965 c.100 §290; 1971 c.561 §4; 1985 c.514 §1; 1993 c.806 §5; 1995 c.656 §3; 2003 c.690 §1; repealed by 2011 c.313 §25]

339.270 Assessment of costs of school property damage against responsible student or parents or guardian; notice; action to recover

If a school district finds that a student is responsible for damaging school district property, the school district may determine the reasonable cost of repairing or replacing the school district property. If the cost is $50 or more, the school district may notify the student and the parent or guardian of the student about the cost and may charge the student…

339.280 Student grading policies; consideration of attendance allowed; policy content

Each school district board may establish student grading policies that permit teachers to consider a student’s attendance in determining the student’s grade or deciding whether the student should be granted or denied credit. A student’s attendance shall not be the sole criterion for the reduction of a student’s grade. Such policies shall provide that prior t…

339.285 Definitions for ORS 339.285 to 339.303

As used in ORS 339.285 to 339.303: “Public education program” means a program in this state that: Is for students in early childhood education, elementary school or secondary school; Is under the jurisdiction of a school district, an education service district or another educational institution or program; and Receives, or serves students who receive, su…

339.287 Exclusion of employees of youth correction facilities and juvenile detention facilities from ORS 339.285 to 339.303

An employee of a youth correction facility or a juvenile detention facility established under ORS 419A.010 to 419A.020 and 419A.050 to 419A.063 who uses restraint or seclusion on a student in connection with a Youth Corrections Education Program or Juvenile Detention Education Program, as those terms are defined in ORS 326.695, is not subject to the prohibit…

339.288 Prohibitions on use of certain restraints

The use of the following types of restraint on a student in a public education program is prohibited: Chemical restraint. Mechanical restraint. Prone restraint. Supine restraint. Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student’s movement, unless the restraint is nece…

339.291 Use of restraint or seclusion

Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program. Restraint may be used on a student in a public education program only under the following circumstances: The student’s behavior imposes a reasonable risk of imminent and substantial physical or…

339.294 Procedures following incident; notification; records

Each entity that has jurisdiction over a public education program must establish procedures for the public education program to follow after an incident involving the use of restraint or seclusion. Following an incident involving the use of restraint or seclusion, the following must be provided to a parent or guardian of the student: Verbal or electronic n…

339.296 Determination that public education program is responsible for abuse

As used in this section: “Behavior intervention plan” has the meaning given that term in ORS 343.154. “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. “Individualized education program” has the meaning given that term in ORS 343.035. When the Department of Human Se…

339.297 Annual report

Each entity that has jurisdiction over a public education program must prepare and submit to the Department of Education an annual report detailing the use of restraint and seclusion for the preceding school year, including, at a minimum: The total number of incidents involving restraint. The total number of incidents involving seclusion. The total number…

339.300 Training programs

The Department of Education shall approve training programs in restraint and seclusion that: Teach evidence-based techniques that are shown to be effective in the prevention and safe use of restraint or seclusion; Provide evidence-based skills training related to positive behavior support, conflict prevention, de-escalation and crisis response techniques; …

339.303 Rules for complaints, investigations and seclusion rooms

The State Board of Education shall adopt by rule: A process for an organization or an individual to submit to the Superintendent of Public Instruction a written, signed complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303. The complaint must indicate that, prior to submitting the complaint to …

339.308 Seclusion cell prohibition

As used in this section: “Public education program” means a program that: Is for students in early childhood education, elementary school or secondary school; Is under the jurisdiction of a school district, an education service district or another educational institution or program; and Receives, or serves students who receive, support in any form from a…

339.309 Required reports of employee injuries

Each district school board shall establish a policy for the reporting of incidents that: Result in the injury of an employee of the school district; and Are sustained while in the actual performance of the duty of the employee. A policy established as provided by this section must align, to the extent practicable, with any existing reporting requirements.

339.310 [1965 c.100 §291; repealed by 1973 c.728 §6]

(Nonviolent Crisis Intervention)

339.311 Safe School Culture Grant program; certified instructors; grants; rules

As used in this section, “certified instructor” means an individual who is certified as an instructor by the Crisis Prevention Institute’s Nonviolent Crisis Intervention program or by another program administered by a nationally recognized organization that provides training to certify individuals in nonviolent crisis intervention methods. The Department of…

339.312 Safe school alliance

School districts are encouraged to form a safe school alliance composed of schools, law enforcement agencies, juvenile justice agencies and district attorneys. The purpose of a safe school alliance is to provide the safest school environment possible.

339.315 Report required if person has unlawful firearm or destructive device; immunity; law enforcement investigation required

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…

339.317 Notice to school district of person charged with crime; immunity

No later than five days after a person under 18 years of age is waived under ORS 419C.349, 419C.352 or 419C.364, the district attorney or city attorney, if the person is waived to municipal court or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall give …

339.319 Notice to school district of person convicted of crime; immunity

When a person under 18 years of age is convicted of a crime following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 (1)(b), the agency supervising the person or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall give notice of the conviction w…

339.320 [1965 c.100 §292; repealed by 1973 c.728 §6]

339.321 Notice to school district and law enforcement agencies of release or discharge of person; immunity

No later than 15 days before the release or discharge of a person committed to the legal custody of the Department of Corrections or the supervisory authority of a county following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the department or supervisory authority or, in the case of a juvenile department that has agreed to be responsible for p…

339.323 Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person; immunity

When a school administrator as defined in ORS 419A.305 receives notice under ORS 339.317, 339.319, 339.321, 419A.015, 420.048 or 420A.122, the school administrator may disclose the information only to school personnel, as defined in ORS 339.326, who the school administrator determines need the information in order to safeguard the safety and security of the …

339.324 Disclosure of information related to safety threat action

As used in this section, “safety threat action” means a response to a safety threat, as identified in ORS 339.405 (2)(a), that: Is initiated by a school in response to a safety threat; and Is not a planned drill. Each school district board shall adopt a policy for notifying the school community when a school takes a safety threat action. The policy adopt…

339.325 [1999 c.576 §2; repealed by 2005 c.209 §40]

339.326 Actions after receipt of notice under ORS 419A.305; transfers from outside state; enrollment in other school or program; confidentiality of information; use of information; immunity

As used in this section: “School administrator” has the meaning given that term in ORS 419A.305. “School personnel” means a person who is employed by or under contract with a school district, public charter school or private school to provide services to students, including but not limited to: Teachers and school staff. Transportation providers. Food se…

339.327 Notification required if person possesses threatening list or when threats of violence or harm made; immunity

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: The parent or guardian of any student whose name appears on the list as a target of the harm; and Any teacher or school employee…

339.329 Statewide tip line to report information concerning threats or potential threats to student safety; rules

As used in this section: “Cyberbullying” and “harassment, intimidation or bullying” have the meanings given those terms in ORS 339.351. “Local law enforcement contact” means a local law enforcement officer designated by the Department of State Police to be notified when the tip line receives a report of a threat to student safety or potential threat to stu…

339.330 [1965 c.100 §293; repealed by 1973 c.728 §6]

(Center for School Safety)

339.331 Mission; duties; annual report; staff; funding

There is created the Center for School Safety within the University of Oregon. The mission of the center shall be to: Serve as the central point for data analysis; Conduct research; Disseminate information about successful school safety programs, research results and new programs; and Provide technical assistance for improving the safety of schools in co…

339.333 Board of directors

The Center for School Safety shall be governed by a board of directors. The board of directors shall consist of: The Superintendent of Public Instruction or a designee of the superintendent; The Director of the Oregon Youth Authority or a designee of the director; The Attorney General or a designee of the Attorney General; The Superintendent of State Pol…

339.336 Funding; Center for School Safety Account

The University of Oregon may seek and accept contributions of funds and assistance from the United States, its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with ORS 339.331, 339.333 and 339.339. All such funds are to aid in financing the functions of the Center for School Safety and shall be deposited…

339.339 Collaboration between center and Department of Education

The Department of Education, in collaboration with the Center for School Safety, shall: 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. Identify successful strategies that are used in Oregon and other states to improve the lea…

339.340 [1965 c.100 §294; repealed by 1973 c.728 §6]

(Student Safety and Suicide Prevention)

339.341 Statewide School Safety and Prevention System; rules

As used in this section: “Cyberbullying” has the meaning given that term in ORS 339.351. “Harassment, intimidation or bullying” has the meaning given that term in ORS 339.351. “Suicidal behavior” includes: Self-directed, injurious behavior with an intent to die as a result of the behavior; Nonfatal, self-directed, potentially injurious behavior with an …

339.343 Comprehensive district plans on student suicide prevention; rules

This section shall be known and may be cited as Adi’s Act. In accordance with rules adopted by the State Board of Education in consultation with the Oregon Health Authority, each school district shall adopt a policy requiring a comprehensive district plan on student suicide prevention for students in kindergarten through grade 12. A plan required under thi…

339.345 Requirement to have automated external defibrillator

Each school campus in a school district, private school campus and public charter school campus shall have on the premises at least one automated external defibrillator. (Prohibitions on Discrimination)

339.347 Policies to address bias incidents and displays of symbols of hate

As used in this section: “Bias incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. “Bias incident” may include derogator…

339.350 [1965 c.100 §295; repealed by 1973 c.728 §6]

(Harassment, Intimidation and Bullying)

339.351 Definitions for ORS 339.351 to 339.364

As used in ORS 339.351 to 339.364: “Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully. “Harassment, intimidation or bullying” means any act that: Substantially interferes with a student’s educational benefits, opportunities or performance; Takes place on or immediately adjacent to school grounds, at any sc…

339.353 Findings

The Legislative Assembly finds that: A safe and civil environment is necessary for students to learn and achieve high academic standards. Harassment, intimidation or bullying and cyberbullying, like other disruptive or violent behavior, are conduct that disrupts a student’s ability to learn and a school’s ability to educate its students in a safe environme…

339.356 District policy required

Each school district shall adopt a policy prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. School districts shall develop the policy after consultation with parents, guardians, school employees, volunteers, students, administrators and community representatives. School districts must include in the policy: A statement prohibi…

339.359 Training programs; prevention task forces, programs and other initiatives

School districts must incorporate into existing training programs for students and school employees information related to: The prevention of, and the appropriate response to, acts of harassment, intimidation and bullying and acts of cyberbullying; and The policy adopted under ORS 339.356. School districts are encouraged to form task forces and to impleme…

339.360 [1965 c.100 §296; repealed by 1973 c.728 §6]

339.362 Retaliation against victims and witnesses prohibited; school employee immunity

A school employee, student or volunteer may not engage in reprisal or retaliation against a victim of, witness to or person with reliable information about an act of harassment, intimidation or bullying or an act of cyberbullying. A school employee who witnesses or has reliable information that a student has been subjected to an act of harassment, intimidat…

339.364 Victim may seek redress under other laws

ORS 339.351 to 339.364 may not be interpreted to prevent a victim of harassment, intimidation or bullying or a victim of cyberbullying from seeking redress under any other available law, whether civil or criminal. ORS 339.351 to 339.364 do not create any statutory cause of action. (Teen Dating Violence and Domestic Violence)

339.366 Required policies on teen dating violence and domestic violence

As used in this section: “Dating” or “dating relationship” means an ongoing social relationship of a romantic or intimate nature between two persons. “Dating” or “dating relationship” does not include a casual relationship or ordinary fraternization between two persons in a business or social context. “Domestic violence” means abuse as defined in ORS 107.7…

339.368 Posters regarding domestic violence; rules

The Department of Education shall provide school districts and, upon request, private schools with posters containing information in both English and Spanish regarding domestic violence and at least one toll-free hotline telephone number that a student may call to obtain information and help regarding domestic violence. A private school may choose to not re…

339.370 Definitions for ORS 339.370 to 339.400

As used in ORS 339.370 to 339.400: “Abuse” has the meaning given that term in ORS 419B.005. “Agent” means a person acting as an agent for an education provider in a manner that requires the person to have direct, unsupervised contact with students. “Commission licensee” has the meaning given that term in ORS 342.120. “Contractor” means a person providing…

339.372 Policies of school boards on reporting of suspected abuse and suspected sexual conduct

Each school board shall adopt policies on the reporting of suspected abuse and suspected sexual conduct by school employees, contractors, agents and volunteers and the reporting of suspected abuse by students. The policies shall: Specify that abuse and sexual conduct by school employees, contractors, agents and volunteers and abuse by students are not toler…

339.374 Required background checks by education providers

Except as provided in ORS 339.384, before an education provider may hire an applicant for a position with the education provider as a school employee, the education provider shall: Require the applicant to provide: A list of the applicant’s current and former employers who are education providers. A written authorization that authorizes education provider…

339.375 [2005 c.367 §3; 2007 c.233 §1; 2009 c.93 §4; renumbered 339.388 in 2009]

339.377 [2007 c.501 §2; 2009 c.93 §5; renumbered 339.400 in 2009]

339.378 Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline

Not later than 20 days after receiving a request under ORS 339.374 (1)(b), an education provider that has or has had an employment relationship with the applicant shall disclose the information requested. An education provider may disclose the information on a standardized form and is not required to provide any additional information related to a substanti…

339.384 Prohibitions and allowances related to hiring of applicant to be school employee

An education provider may not hire an applicant to be a school employee if the applicant does not comply with the requirements of ORS 339.374 (1)(a). A refusal by the education provider to hire an applicant under this subsection removes the applicant from any education provider policies, any collective bargaining provisions regarding dismissal procedures and…

339.388 Report of abuse or sexual conduct; investigation; appeal process; disclosure of records

A school employee shall immediately submit a report as provided by paragraph (b) of this subsection if the school employee has reasonable cause to believe that: A student has been subjected to abuse by another school employee or by a contractor, an agent, a volunteer or a student; A student has been subjected to sexual conduct by another school employee or…

339.389 Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules

When the Department of Education receives from the Department of Human Services notification of a report of abuse or receives a report on the outcomes of an investigation of abuse, as provided by ORS 419B.019 or 419B.020, and the notification or report involves a child and a person who is a school employee, contractor, agent or volunteer, the Department of E…

339.390 Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules

When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct that may have been committed by a commission licensee, the commission shall immediately initiate an investigation. An investigation and final determination related to a report received under paragraph (a) of this subsection must be completed and notification of…

339.391 Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules

When the Department of Education receives a report of suspected sexual conduct that may have been committed by a school employee, contractor, agent or volunteer that is not a commission licensee, the department shall immediately initiate an investigation. The department may investigate and make a final determination for any person who provided services as a …

339.392 Prohibitions against certain agreements and contracts

An education provider may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any similar contract or agreement that: Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a re…

339.396 Effect on causes of action

Nothing in ORS 339.370 to 339.400 creates a new public or private cause of action or precludes an existing cause of action.

339.400 Training

An education provider shall provide to school employees each school year training on: The prevention and identification of abuse and sexual conduct; The obligations of school employees under ORS 339.388 and 419B.005 to 419B.050 and under policies adopted by the school board to report suspected abuse and suspected sexual conduct; and Appropriate electronic…

339.405 Comprehensive safety program; rules

As used in this section: “Evacuate” means a procedure used when students and staff need to move from one location to another. “Hold” means a procedure used to keep students and staff in classrooms while a disruption or minor emergency is resolved. “Lockdown” means a procedure used when a threat or hazard is inside the building. “Secure” means a procedure…

339.408 Emergency safeguards; required drills and instruction; school building security

As used in this section, “school” means any: Kindergarten through grade 12 public or private school, including a public charter school; or Educational institution having an average daily attendance of 50 or more students. Every school is required to have emergency safeguards to protect the safety and well-being of students and staff at the school. The eme…

339.410 [1965 c.100 §297; repealed by 1979 c.228 §1]

RELIGIOUS INSTRUCTION

339.420 Child excused to receive religious instruction

Upon application of the parent or guardian of the child, or, if the child has attained the age of majority, upon application of the child, a child attending the public school may be excused from school for periods not exceeding two hours in any week for elementary pupils and five hours in any week for secondary pupils to attend weekday schools giving instruc…

339.430 [Formerly 326.058; 2001 c.104 §114; 2001 c.368 §1; 2003 c.184 §1; repealed by 2011 c.313 §25]

INTERSCHOLASTIC ACTIVITIES

339.450 Prohibited grounds for denying participation in interscholastic athletics

A school, school district or association, whether public or private, may not deny any grade or high school student the right to participate in interscholastic athletics solely on the ground that the student: Transferred between schools; Attends a public charter school, as defined in ORS 338.005; Participated in athletics at another school; or Is eligible…

339.460 Participation in interscholastic activities by high school equivalency student, homeschooled student or student who attends public charter school; fees

As used in this section: “High school equivalency program” means a program provided to assist a student in earning a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test. “High school equivalency student” means a student who is eligible to attend school under ORS 339.115 (1) and who is enro…

339.505 Definitions for ORS 339.505 to 339.520; rules

For purposes of the student accounting system required by ORS 339.515, the following definitions shall be used: “Graduate” means an individual who has: Not reached 21 years of age or whose 21st birthday occurs during the current school year; Met all state requirements and local requirements for attendance, competence and units of credit for high school; a…

339.510 Student accounting system; goals

Pursuant to rules of the State Board of Education, the Department of Education shall establish and maintain a student accounting system that has as its minimum goals: Providing a timely accounting of students who withdraw from school before graduating or completing the normal course of study; Providing reasons why students withdraw from school; Identifyin…

339.515 Uniform reporting system; training and technical assistance in using system

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. The department shall provide training and technical assistance to s…

339.520 Information required on certain students who withdraw from school

This section provides 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; Are awarded a certificate of attendance after grade 12; or Move to a transition program for students with disabilities without first being awarded a modified diploma or an ext…

339.605 [1987 c.675 §1; renumbered 336.615 in 1993]

339.615 [1987 c.675 §2; renumbered 336.625 in 1993]

339.620 [Formerly 339.253; 1991 c.780 §21; 1993 c.45 §126; renumbered 336.635 in 1993]

339.623 [Formerly 343.187; renumbered 336.640 in 1993]

339.625 [1987 c.675 §4; renumbered 336.645 in 1993]

339.635 [1987 c.675 §5; renumbered 336.655 in 1993]

339.640 [Formerly 339.255; renumbered 336.665 in 1993]

TRAFFIC PATROL

339.650 “Traffic patrol” defined for ORS 339.650 to 339.665

As used in ORS 339.650 to 339.665 “traffic patrol” means one or more individuals appointed by a public, private or parochial school to protect pupils in their crossing of streets or highways on their way to or from the school by directing the pupils or by cautioning vehicle operators.

339.655 Traffic patrols authorized; medical benefits; rules

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). The establishment, maintenance and operation of a traffic patrol does not const…

339.660 Rules on traffic patrols; eligibility; authority

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. A member of a traffic patrol: 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 membershi…

339.665 Intergovernmental cooperation and assistance in connection with traffic patrols

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. 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 organizati…

339.860 [Formerly 332.790; 2007 c.858 §69; renumbered 339.877 in 2007]

339.865 [Formerly 336.660; renumbered 339.883 in 2007]

ADMINISTRATION OF MEDICATION TO STUDENTS

339.866 Self-administration of medication by students

As used in this section: “Asthma” means a chronic inflammatory disorder of the airways that requires ongoing medical intervention. “Medication” means any prescription for bronchodilators or autoinjectable epinephrine prescribed by a student’s Oregon licensed health care professional for asthma or severe allergies. “Severe allergy” means a life-threatening…

339.867 Definitions for ORS 339.869 and 339.870

As used in ORS 339.869 and 339.870: “Medication” means: Medication that is not injected; Premeasured doses of epinephrine that are injected; Medication that is available for treating adrenal insufficiency; and Naloxone or any similar medication that is in any form available for safe administration and that is designed to rapidly reverse an overdose of a…

339.869 Administration of medication and short-acting opioid antagonists; information to parents; rules

The State Board of Education, in consultation with the Oregon Health Authority, the Oregon State Board of Nursing and the State Board of Pharmacy, shall adopt: 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…

339.870 Liability of school personnel administering medication or short-acting opioid antagonist

A school administrator, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the administration of nonprescription medication, if the school administrator, teacher or other school employee in good faith administers nonprescription medication to a student pursuant to wri…

339.871 Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication

A school administrator, school nurse, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of a student’s self-administration of medication, as described in ORS 339.866, if the school administrator, school nurse, teacher or other school employee, in compliance with the ins…

339.873 Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions

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. Preschool through grade 12 public school t…

339.874 Use of sun-protective clothing and sunscreen

Each school district shall allow the following during school hours, at a school-sponsored activity or while under the supervision of school personnel: The outdoor use by students of sun-protective clothing, including hats. The application of and use by students of nonprescription sunscreen, including sunscreen that contains para-aminobenzoic acid, without …

339.875 Procurement, display and salute of flags

Each district school board and public charter school governing body shall: Procure a United States flag and an Oregon State flag of suitable sizes and shall cause the flags to be displayed upon or near each school building under the control of the board or used by the governing body: During school hours, except in unsuitable weather; and At any other time…

339.877 Issuance of diploma for work completed at certain state institutions

Any person other than a student at the Oregon School for the Deaf upon successful completion of an educational program at elementary or secondary level at a state institution shall receive a diploma evidencing such completion issued by the common or union high school district in which the person last resided prior to commitment to the state institution. All…

339.880 Unauthorized soliciting of pupils prohibited

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.

339.883 Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities

As used in this section: “Facility” means a public or private school, college, community college, university, career school, technical education school, youth correction facility or juvenile detention facility. “Inhalant delivery system” has the meaning given that term in ORS 431A.175. “Tobacco products” has the meaning given that term in ORS 431A.175. A…

339.885 Secret societies in public schools prohibited; membership grounds for suspension or expulsion

No secret society of any kind, including a fraternity or sorority, shall be permitted in any public school. The district school board may order the suspension or expulsion of any pupil who belongs to a secret society. This section does not apply to any public university listed in ORS 352.002.

339.890 Radio frequency identification device policy for students; rules

The State Board of Education shall adopt by rule standards for a school district board to incorporate into any policy that requires a student to wear, carry or use an item with a radio frequency identification device for the purpose of locating or tracking the student or taking attendance. Rules adopted as provided by subsection (1) of this section must est…

339.925 [1993 c.413 §4; 1995 c.116 §1; 1999 c.1051 §112; 2011 c.597 §132; renumbered 339.095 in 2013]

PENALTIES

339.990 Penalties

Violation of the requirements of ORS 339.035 is a Class C violation. _______________