2017 ORS 339.095¹
Compulsory school attendance violation procedure
  • rules

(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 (Penalties) 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;

(E) States that the parent or guardian has the right to request:

(i) For a student who does not have an individualized education program, an evaluation to determine if the student should have an individualized education program; or

(ii) For a student who has an individualized education program, a review of the individualized education program; and

(F) 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. A conference may not be scheduled until after any evaluations or reviews described in paragraph (a)(E) of this subsection have been completed.

(3) Notwithstanding ORS 1.525 (Uniform citation and petition forms for certain offenses) 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 (Penalties). Notwithstanding ORS 153.045 (Citation), each of the parts of the citation shall contain the information required by the state board. [Formerly 339.925; 2015 c.322 §2]

Note: 339.095 (Compulsory school attendance violation procedure) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 5 and 6, chapter 68, Oregon Laws 2016, provide:

Sec. 5. (1) As used in this section, “trauma-informed approach” means an approach that recognizes the signs and symptoms of trauma in students, families and staff and responds by fully integrating knowledge about trauma into policies, procedures and practices for the purposes of resisting the reoccurrence of trauma and promoting resiliency.

(2) The Chief Education Office, in coordination with the Oregon Health Authority and the Department of Education, shall distribute moneys as provided in this section to school districts and education service districts for the purpose of decreasing rates of school absenteeism.

(3)(a) A school district or an education service district may apply to receive moneys under this section:

(A) By submitting an application that includes a proposal consistent with subsection (4) of this section; and

(B) If the district has at least one school in the district with:

(i) A school-based health center; or

(ii) A school-based system for providing behavioral health services and care coordination that may include a school nurse, a school counselor, a school psychologist, a clinical psychologist or a school social worker.

(b) A school district or an education service district may submit an application jointly with one or more community partners that will participate with the district in the pilot program described in subsection (4) of this section.

(4) The office shall distribute moneys to an applicant based on the applicant’s proposal to design and implement a pilot program to decrease rates of school absenteeism by using trauma-informed approaches to education, health services and intervention strategies that are based in schools and take advantage of community resources. The proposal must include a plan that:

(a) Coordinates the services provided by:

(A) The school;

(B) The school-based health center or the administrator of the school-based system described in subsection (3)(a)(B)(ii) of this section; and

(C) Coordinated care organizations, public health entities, nonprofit youth service providers, community-based organizations, social justice groups and similar groups that are located in the community;

(b) Requires professional development and support for school staff, including educators, school district or education service district professionals, counselors, nurses, classified staff and other staff of the school district or education service district, to create a culture in the district and community that is informed about how to understand, recognize and respond to trauma;

(c) Provides for at least one trauma specialist who:

(A) Is permanently assigned at the school-based health center or at the location where the school-based system described in subsection (3)(a)(B)(ii) of this section is provided; and

(B) Oversees the implementation of the plan, including coordinating the services described in paragraph (a) of this subsection and coordinating the professional development and support described in paragraph (b) of this subsection;

(d) Indicates how services coordinated under paragraph (a) of this subsection are provided based on a trauma-informed approach and with an understanding, recognition and responsiveness to the effects of trauma on education, absenteeism and school completion;

(e) Uses evidence-based and evidence-informed approaches, culturally specific approaches when appropriate and national models that are tailored to the community to ensure that data are collected and the effectiveness of the pilot program is determined;

(f) Provides matching community funding, or resources that are the monetary equivalent of matching funding, in a ratio determined by the office by rule; and

(g) Pursues additional funding opportunities, including funding under the federal Every Student Succeeds Act (P.L. 114-95).

(5) The office shall prescribe the timelines by which an applicant may submit an application for moneys under this section and the form of the application.

(6) The office shall evaluate and rank applications based on the proposals submitted in the applications.

(7) The office shall distribute moneys to applicants based on:

(a) The evaluations and rankings described in subsection (6) of this section;

(b) The moneys appropriated to the office for the purpose of this section;

(c) The amount of matching community funding available to the applicant; and

(d) Any available federal grants.

(8)(a) The office, in collaboration with the Oregon Health Authority and the Department of Education, shall provide coordination among school districts and education service districts receiving moneys under this section.

(b) The office may coordinate with a statewide nonprofit organization that has experience in supporting school-based health centers and student health organizations for the organization to provide technical assistance to school districts and education service districts receiving moneys under this section.

(9) Each participating school district and education service district shall provide regular reports on the progress of the district’s pilot program to the office to enable the office to:

(a) Determine the effectiveness of the pilot program; and

(b) Submit a report and recommendations for legislation to the interim committees of the Legislative Assembly related to education as required under subsection (10) of this section.

(10) No later than October 15, 2019, the Chief Education Office, the Oregon Health Authority and the Department of Education, in collaboration with the statewide nonprofit organization described in subsection (8) of this section, shall submit a report to the interim committees of the Legislative Assembly related to education. The report must provide individual and comprehensive evaluations on the outcomes of the pilot programs and include any recommendations for legislation based on the results of the pilot programs. [2016 c.68 §5; 2017 c.137 §1]

Sec. 6. Section 5 of this 2016 Act is repealed on January 2, 2020. [2016 c.68 §6]

1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.