Oregon Law
Law as of Jan 1, 2024
Chapter contents
339.005Definition for ORS 339.040 and 339.125 339.010School attendance required 339.020Duty to send children to school 339.030Exemptions from compulsory school attendance; rules 339.035Teaching by private teacher, parent or guardian; rules 339.040Attendance supervisors 339.050[Amended by 1965 c.100 §278; repealed by 1965 c.136 §1] 339.055Duties of attendance supervisors 339.060[Repealed by 1965 c.100 §456] 339.065Estimates of attendance; irregular attendance; excused absences 339.070[Repealed by 1963 c.544 §52] 339.071Attendance notification policy 339.080Nonattendance notice to parents, school officials and parole or probation officer 339.090Determination of compliance; notice to district superintendent 339.095Required procedures related to violations of certain school attendance requirements; rules 339.100[Amended by 1963 c.544 §47; 1965 c.100 §279; renumbered 339.055] 339.110[Repealed by 1965 c.100 §456] 339.115Admission of students; waiver; denial 339.119Prohibition of payment as incentive to receive educational services; exceptions 339.120[Amended by 1957 c.198 §5; repealed by 1965 c.100 §456] 339.122Disclosures in promotional materials 339.125Contract for admission of nonresident pupils; costs 339.127Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements 339.128Factors prohibited from consideration when admitting tuition-paying nonresident student 339.129Education for children in local or regional correctional facilities required; funding; notice to district; access 339.130[Amended by 1957 c.198 §6; repealed by 1965 c.100 §456] 339.133Determination of residency of student for school purposes 339.134Residency of child voluntarily placed outside child’s home and living in substitute care program 339.135[1965 c.100 §287; 1967 c.507 §6; repealed by 1993 c.45 §117] 339.137Residency of student at youth care center 339.139Residency of military children; rules 339.140[Repealed by 1965 c.100 §456] 339.141Tuition prohibited for regular school program; other programs 339.145[1965 c.100 §288; 1967 c.67 §9; 1971 c.494 §2; repealed by 1993 c.45 §120] 339.147When tuition authorized; waiver of tuition and fees 339.150[Amended by 1957 c.256 §1; repealed by 1965 c.100 §456] 339.155Prohibitions of certain fees as condition of admission; allowable fees 339.160[Repealed by 1965 c.100 §456] 339.165[1971 c.402 §1; 1973 c.327 §1; 1981 c.404 §1; 1987 c.533 §1; 1989 c.620 §1; repealed by 1991 c.780 §30] 339.170[Repealed by 1965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] 339.240Rules of student conduct, discipline and rights; duties of state board and district school boards 339.250Duty 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 339.252Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures 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] 339.256Prohibition on restriction of access to specialized learning areas or certain common areas 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] 339.270Assessment of costs of school property damage against responsible student or parents or guardian; notice; action to recover 339.280Student grading policies; consideration of attendance allowed; policy content 339.285Definitions for ORS 339.285 to 339.303 339.287Exclusion of employees of youth correction facilities and juvenile detention facilities from ORS 339.285 to 339.303 339.288Prohibitions on use of certain restraints 339.291Use of restraint or seclusion 339.294Procedures following incident; notification; records 339.296Determination that public education program is responsible for abuse 339.297Annual report 339.300Training programs 339.303Rules for complaints, investigations and seclusion rooms 339.308Seclusion cell prohibition 339.309Required reports of employee injuries 339.310[1965 c.100 §291; repealed by 1973 c.728 §6] 339.311Safe School Culture Grant program; certified instructors; grants; rules 339.312Safe school alliance 339.315Report required if person has unlawful firearm or destructive device; immunity; law enforcement investigation required 339.317Notice to school district of person charged with crime; immunity 339.319Notice to school district of person convicted of crime; immunity 339.320[1965 c.100 §292; repealed by 1973 c.728 §6] 339.321Notice to school district and law enforcement agencies of release or discharge of person; immunity 339.323Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person; immunity 339.324Disclosure of information related to safety threat action 339.325[1999 c.576 §2; repealed by 2005 c.209 §40] 339.326Actions 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 339.327Notification required if person possesses threatening list or when threats of violence or harm made; immunity 339.329Statewide tip line to report information concerning threats or potential threats to student safety; rules 339.330[1965 c.100 §293; repealed by 1973 c.728 §6] 339.331Mission; duties; annual report; staff; funding 339.333Board of directors 339.336Funding; Center for School Safety Account 339.339Collaboration between center and Department of Education 339.340[1965 c.100 §294; repealed by 1973 c.728 §6] 339.341Statewide School Safety and Prevention System; rules 339.343Comprehensive district plans on student suicide prevention; rules 339.345Requirement to have automated external defibrillator 339.347Policies to address bias incidents and displays of symbols of hate 339.350[1965 c.100 §295; repealed by 1973 c.728 §6] 339.351Definitions for ORS 339.351 to 339.364 339.353Findings 339.356District policy required 339.359Training programs; prevention task forces, programs and other initiatives 339.360[1965 c.100 §296; repealed by 1973 c.728 §6] 339.362Retaliation against victims and witnesses prohibited; school employee immunity 339.364Victim may seek redress under other laws 339.366Required policies on teen dating violence and domestic violence 339.368Posters regarding domestic violence; rules 339.370Definitions for ORS 339.370 to 339.400 339.372Policies of school boards on reporting of suspected abuse and suspected sexual conduct 339.374Required background checks by education providers 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] 339.378Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline 339.384Prohibitions and allowances related to hiring of applicant to be school employee 339.388Report of abuse or sexual conduct; investigation; appeal process; disclosure of records 339.389Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules 339.390Investigations by Teacher Standards and Practices Commission of persons who are commission licensees; timeline; findings; rules 339.391Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules 339.392Prohibitions against certain agreements and contracts 339.396Effect on causes of action 339.400Training 339.410[1965 c.100 §297; repealed by 1979 c.228 §1] 339.420Child excused to receive religious instruction 339.430[Formerly 326.058; 2001 c.104 §114; 2001 c.368 §1; 2003 c.184 §1; repealed by 2011 c.313 §25] 339.450Prohibited grounds for denying participation in interscholastic athletics 339.460Participation in interscholastic activities by high school equivalency student, homeschooled student or student who attends public charter school; fees 339.505Definitions for ORS 339.505 to 339.520; rules 339.510Student accounting system; goals 339.515Uniform reporting system; training and technical assistance in using system 339.520Information required on certain students who withdraw from school 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] 339.650“Traffic patrol” defined for ORS 339.650 to 339.665 339.655Traffic patrols authorized; medical benefits; rules 339.660Rules on traffic patrols; eligibility; authority 339.665Intergovernmental cooperation and assistance in connection with traffic patrols 339.860[Formerly 332.790; 2007 c.858 §69; renumbered 339.877 in 2007] 339.865[Formerly 336.660; renumbered 339.883 in 2007] 339.866Self-administration of medication by students 339.867Definitions for ORS 339.869 and 339.870 339.869Administration of medication and short-acting opioid antagonists; information to parents; rules 339.870Liability of school personnel administering medication or short-acting opioid antagonist 339.871Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication 339.873Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions 339.874Use of sun-protective clothing and sunscreen 339.875Procurement, display and salute of flags 339.877Issuance of diploma for work completed at certain state institutions 339.880Unauthorized soliciting of pupils prohibited 339.883Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities 339.885Secret societies in public schools prohibited; membership grounds for suspension or expulsion 339.890Radio frequency identification device policy for students; rules 339.925[1993 c.413 §4; 1995 c.116 §1; 1999 c.1051 §112; 2011 c.597 §132; renumbered 339.095 in 2013] 339.990Penalties

Chapter 339 — School Attendance; Admission; Discipline; Safety

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

(1)

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 appeals and any provisions of ORS 342.805 to 342.937.

(2)

An education provider may hire an applicant to be a school employee on a conditional basis pending the education provider’s review of information received under

ORS 339.378 (1).

(3)

An education provider may not deny an applicant employment solely because:

(a)

An education provider identified by the applicant under ORS 339.374 (1)(a)(A) fails or refuses to comply with the requirements of ORS 339.378 (1); or

(b)

One or more education providers identified by the applicant under ORS 339.374

(1)(a)(A)

are located in another state and the laws or rules of that state prevent the release of information requested under ORS 339.378 (1).

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.