ORS 339.250
Duty of student to comply with rules

  • policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force
  • student handbook or code of conduct
  • enforcement of policies

(1)

Public school students shall comply with rules for the government of such schools, pursue the prescribed course of study, use the prescribed textbooks and submit to the teachers’ authority.

(2)

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

(a)

May allow discipline, suspension or expulsion for conduct that includes, but is not limited to:

(A)

Willful disobedience;

(B)

Open defiance of the authority of a school employee;

(C)

Possession or distribution of tobacco, alcohol, drugs or other controlled substances;

(D)

Use or display of profane or obscene language;

(E)

Willful damage or injury to school property;

(F)

Use of threats, intimidation, harassment or coercion against a student or a school employee;

(G)

Assault of a school employee or another student; or

(H)

Intentional attempts, by word or conduct, to place a school employee or another student in fear of imminent serious physical injury.

(b)

Must require consideration of the age of a student and the past pattern of behavior of a student prior to imposing the suspension or expulsion of a student.

(c)

Must limit the use of expulsion to the following circumstances:

(A)

For conduct that poses a threat to the health or safety of students or school employees;

(B)

When other strategies to change student conduct have been ineffective, except that expulsion may not be used to address truancy; or

(C)

When the expulsion is required by law.

(d)

In addition to any limitations imposed by paragraph (c) of this subsection, for a student who is in fifth grade or lower, must limit the use of out-of-school suspension or of expulsion to the following circumstances:

(A)

For nonaccidental conduct causing serious physical harm to a student or school employee;

(B)

When a school administrator determines, based upon the administrator’s observation or upon a report from a school employee, that the student’s conduct poses a direct threat to the health or safety of students or school employees; or

(C)

When the suspension or expulsion is required by law.

(e)

When an out-of-school suspension is imposed as provided under paragraph (d) of this subsection, must require the school district to take steps to prevent the recurrence of the behavior that led to the out-of-school suspension and return the student to a classroom setting so that the disruption of the student’s academic instruction is minimized.

(f)

Must be limited so that:

(A)

The duration of an expulsion may not be more than one calendar year.

(B)

The duration of a suspension may not be more than 10 school days.

(g)

Notwithstanding ORS 336.010 (School month), may require a student to attend school during nonschool hours as an alternative to suspension if the total number of hours does not exceed the equivalent of 10 school days.

(3)

Pursuant to the policies adopted as provided by subsection (2) of this section, each school district shall develop a student handbook, code of conduct or other document that:

(a)

Defines and helps create a learning environment that students respect;

(b)

Defines acceptable norms of behavior for students and the types of behavior that are subject to discipline;

(c)

Establishes procedures to address behavior or circumstances that pose a threat to the safety of students or employees of the school;

(d)

Establishes a system of consequences that are designed to correct student misconduct and promote behavior within acceptable norms; and

(e)

Makes the system of consequences known to the school community through the dissemination of information to students, parents, legal guardians and school district employees.

(4)

Each district school board shall adopt written policies on managing students who threaten violence or harm in public schools. The policies adopted by a district school board under this section shall include all of the following:

(a)

Staff reporting methods.

(b)

Provisions that allow an administrator to consider and implement any of the following options:

(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, counselor or a school psychologist licensed by the Teacher Standards and Practices Commission or the office of any licensed mental health professional.

(C)

Requiring that a school obtain an evaluation of a student by a licensed mental health professional before allowing the student to return to the classroom setting. A student who is removed from the classroom setting for an evaluation may not be removed for more than 10 school days unless the administrator is able to show good cause that an evaluation could not be completed in that time period. The policy must describe the circumstances under which the district school board may enter into contracts with licensed mental health professionals to perform any evaluations required under this subparagraph.

(c)

The requirement that an administrator provide to the parent or legal guardian of the student notification that describes the student’s behavior and the school’s response.

(d)

A provision for the allocation of any funds necessary for the school district to implement the policies described in this subsection.

(5)

In establishing and enforcing discipline, suspension and expulsion policies, a district school board shall ensure that the policy is designed to:

(a)

Protect students and school employees from harm;

(b)

Provide opportunities for students to learn from their mistakes;

(c)

Foster positive learning communities;

(d)

Keep students in school and attending class;

(e)

Impose disciplinary sanctions without bias against students from a protected class, as defined in ORS 339.351 (Definitions for ORS 339.351 to 339.364);

(f)

Implement a graduated set of age-appropriate responses to misconduct that are fair, nondiscriminatory and proportionate in relation to each student’s individual conduct;

(g)

Employ a range of strategies for prevention, intervention and discipline that take into account a student’s developmental capacities and that are proportionate to the degree and severity of the student’s misbehavior;

(h)

Propose, prior to a student’s expulsion or leaving school, 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)

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

(B)

When a parent or legal guardian applies for the student’s exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030 (Exemptions from compulsory school attendance) (2);
(i)
To the extent practicable, use approaches that are shown through research to be effective in reducing student misbehavior and promoting safe and productive social behavior; and

(j)

Ensure that school conduct and discipline codes comply with all state and federal laws concerning the education of students with disabilities.

(6)

Except for policies adopted under subsection (7) of this section, any policies adopted under this section must provide for the dissemination of information about alternative programs of instruction or instruction combined with counseling, as described in subsection (5)(h) of this section, in writing to the student and the parent, legal guardian or person in parental relationship with the student at least once every six months, unless the information has changed because of the availability of new programs.

(7)

Each district school board shall adopt a written policy involving firearms, as defined in 18 U.S.C. 921. The policy shall:

(a)

Require expulsion from school for a period of not less than one year of any student who is determined to have:

(A)

Brought a firearm to a school, to school property under the jurisdiction of the school district or to an activity under the jurisdiction of the school district;

(B)

Possessed, concealed or used a firearm in a school, on school property under the jurisdiction of the school district or at an activity under the jurisdiction of the school district; or

(C)

Brought to or possessed, concealed or used a firearm at an interscholastic activity administered by a voluntary organization.

(b)

Allow exceptions:

(A)

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, firearm-related sports or firearm-related vocational courses; and

(B)

Identified by and adopted by the State Board of Education by rule.

(c)

Allow a superintendent of a school district to:

(A)

Modify the expulsion requirement for a student on a case-by-case basis.

(B)

Propose alternative programs of instruction or instruction combined with counseling for a student that are appropriate and accessible to the student. If alternative programs are appropriate for a student, the superintendent shall ensure that information about programs of instruction or instruction combined with counseling is provided in writing to the student and the parent, legal guardian or person in parental relationship with the student at least once every six months, or at any time the information changes because of the availability of new programs.

(d)

Require a referral to the appropriate law enforcement agency of any student who is expelled under this subsection.

(e)

Require an annual reporting to the Department of Education of the name of each school that had an expulsion under this subsection and the number of students expelled from each school.

(8)

Each district school board shall adopt and disseminate written policies for the use of physical force upon a student. The policies must allow an individual who is a teacher, administrator, school employee or school volunteer to use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.285 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms).

(9)

Intentionally left blank —Ed.

(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:

(A)

“Corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a student.

(B)

“Corporal punishment” does not include:
(i)
The use of physical force authorized by ORS 161.205 (Use of physical force generally) for the reasons specified therein; or
(ii)
Physical pain or discomfort resulting from or caused by participation in athletic competition or other such recreational activity, voluntarily engaged in by a student.

(10)

For purposes of this section, calculations of the number of school days that a student is removed from a classroom setting shall be as follows:

(a)

As a half day if the student is out of school for half, or less than half, of the scheduled school day; and

(b)

As a full day if the student is out of school for more than half of the scheduled school day. [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; 2011 c.313 §20; 2011 c.665 §§8,9; 2013 c.133 §3; 2013 c.267 §§3,5; 2015 c.237 §1; 2015 c.238 §1; 2019 c.267 §8]

Source: Section 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, https://www.­oregonlegislature.­gov/bills_laws/ors/ors339.­html.

Notes of Decisions

Defendants did not establish that promulgation and enforcement of hair length rule was within the authority of the school board under this section. Neuhaus v. Federico, 12 Or App 314, 505 P2d 939 (1973), Sup Ct review denied

A school board’s authority to enact rules governing student conduct is limited to enacting rules that have some reasonable connection with the educational process. Neuhaus v. Federico, 12 Or App 314, 505 P2d 939 (1973), Sup Ct review denied

This section does not modify the common law rule that a teacher is immune from liability for physical punishment, reasonable in degree, administered to a pupil. Simms v. Sch. Dist. 1, Multnomah County, 13 Or App 119, 508 P2d 236 (1973), Sup Ct review denied

Rules of student conduct adopted by district school board need not list every possible disciplinary action that may follow infraction. Ferguson v. Phoenix-Talent School District No. 4, 172 Or App 389, 19 P3d 943 (2001), Sup Ct review denied

“Refractory” means resisting control or authority. Ferguson v. Phoenix-Talent School District No. 4, 172 Or App 389, 19 P3d 943 (2001), Sup Ct review denied

School board’s authority to discipline students indicates that board is final policy maker for school district. G.C. v. North Clackamas School District, 654 F. Supp. 2d 1226 (D. Or. 2009)

Law Review Citations

38 WLR 657 (2002)

339.005
Definition for ORS 339.040 and 339.125
339.010
School attendance required
339.020
Duty to send children to school
339.030
Exemptions from compulsory school attendance
339.035
Teaching by private teacher, parent or guardian
339.040
Attendance supervisors
339.055
Duties of attendance supervisors
339.065
Estimates of attendance
339.071
Attendance notification policy
339.080
Nonattendance notice to parents, school officials and parole or probation officer
339.090
Determination of compliance
339.095
Required procedures related to violations of certain school attendance requirements
339.115
Admission of students
339.119
Prohibition of payment as incentive to receive educational services
339.122
Disclosures in promotional materials
339.125
Contract for admission of nonresident pupils
339.127
Factors prohibited from consideration when giving consent to nonresident student
339.128
Factors prohibited from consideration when admitting tuition-paying nonresident student
339.129
Education for children in local or regional correctional facilities required
339.133
Determination of residency of student for school purposes
339.134
Residency of child voluntarily placed outside child’s home and living in substitute care program
339.137
Residency of student at youth care center
339.139
Residency of military children
339.141
Tuition prohibited for regular school program
339.147
When tuition authorized
339.155
Prohibitions of certain fees as condition of admission
339.240
Rules of student conduct, discipline and rights
339.250
Duty of student to comply with rules
339.252
Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons
339.256
Prohibition on restriction of access to specialized learning areas or certain common areas
339.270
Assessment of costs of school property damage against responsible student or parents or guardian
339.280
Student grading policies
339.285
Definitions for ORS 339.285 to 339.303
339.288
Prohibitions on use of certain restraints
339.291
Use of restraint or seclusion
339.294
Procedures following incident
339.297
Annual report
339.300
Training programs
339.303
Rules for complaints, investigations and seclusion rooms
339.308
Seclusion cell prohibition
339.309
Required reports of employee injuries
339.312
Safe school alliance
339.315
Report required if person has unlawful firearm or destructive device
339.317
Notice to school district of person charged with crime
339.319
Notice to school district of person convicted of crime
339.321
Notice to school district and law enforcement agencies of release or discharge of person
339.323
Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person
339.326
Actions after receipt of notice under ORS 419A.305
339.327
Notification required if person possesses threatening list or when threats of violence or harm made
339.329
Statewide tip line to report information concerning threats or potential threats to student safety
339.331
Mission
339.333
Board of directors
339.336
Funding
339.339
Collaboration between center and Department of Education
339.341
Statewide School Safety and Prevention System
339.343
Comprehensive district plans on student suicide prevention
339.345
Requirement to have automated external defibrillator
339.347
Policies to address bias incidents and displays of symbols of hate
339.351
Definitions for ORS 339.351 to 339.364
339.353
Findings
339.356
District policy required
339.359
Training programs
339.362
Retaliation against victims and witnesses prohibited
339.364
Victim may seek redress under other laws
339.366
Required policies on teen dating violence and domestic violence
339.368
Posters regarding domestic violence
339.370
Definitions for ORS 339.370 to 339.400
339.372
Policies of school boards on reporting of suspected abuse and suspected sexual conduct
339.374
Required background checks by education providers
339.378
Disclosure of information and records by education provider
339.384
Prohibitions and allowances related to hiring of applicant to be school employee
339.388
Report of abuse or sexual conduct
339.389
Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse
339.390
Investigations by Teacher Standards and Practices Commission of persons who are commission licensees
339.391
Investigations by Department of Education of persons who are not commission licensees
339.392
Prohibitions against certain agreements and contracts
339.396
Effect on causes of action
339.400
Training
339.420
Child excused to receive religious instruction
339.450
Prohibited grounds for denying participation in interscholastic athletics
339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school
339.505
Definitions for ORS 339.505 to 339.520
339.510
Student accounting system
339.515
Uniform reporting system
339.520
Information required on certain students who withdraw from school
339.650
“Traffic patrol” defined for ORS 339.650 to 339.665
339.655
Traffic patrols authorized
339.660
Rules on traffic patrols
339.665
Intergovernmental cooperation and assistance in connection with traffic patrols
339.866
Self-administration of medication by students
339.867
“Medication” defined for ORS 339.869 and 339.870
339.869
Administration of medication to students
339.870
Liability of school personnel administering medication
339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication
339.873
Recommendations on medication to affect or alter thought processes, mood or behavior prohibited
339.874
Use of sun-protective clothing and sunscreen
339.875
Procurement, display and salute of flags
339.877
Issuance of diploma for work completed at certain state institutions
339.880
Unauthorized soliciting of pupils prohibited
339.883
Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities
339.885
Secret societies in public schools prohibited
339.890
Radio frequency identification device policy for students
339.990
Penalties
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