In order to carry out the duties described in ORS 336.222 and 336.227, the State Board of Education, in consultation with the Oregon Health Authority and the Alcohol and Drug Policy Commission, shall adopt by rule, as a minimum, descriptions of the content of what shall be included in the policy and plan described in ORS 336.222 and 336.227.
Oregon School Discipline Laws & Regulations: Authority to Develop and Establish Codes of Conduct
Oregon School Discipline Laws & Regulations: Authority to Develop and Establish Codes of Conduct
Category: Codes of Conduct
Subcategory: Authority to Develop and Establish Codes of Conduct
State: Oregon
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LAWS
336.235. State board rules.
339.240. Rules of student conduct, discipline and rights; duties of state board and district school boards.
(1) The State Board of Education in accordance with ORS chapter 183 shall adopt rules setting minimum standards for pupil conduct and discipline and for rights and procedures pertaining thereto that are consistent with orderly operation of the educational processes and with fair hearing requirements. The rules shall be distributed by the Superintendent of Public Instruction to all school districts.
(2) Every district school board shall adopt and attempt to give the widest possible distribution of copies of reasonable written rules regarding pupil conduct, discipline and rights and procedures pertaining thereto. Such rules must comply with minimum standards adopted by the State Board of Education under subsection (1) of this section.
(3) Every district school board shall enforce consistently and fairly its written rules regarding pupil conduct, discipline and rights. This subsection does not apply to a pupil who is eligible for special education as a child with a disability under ORS 343.035.
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.
339.356. District policy required.
(1) 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.
(2) School districts must include in the policy:
(a) A statement prohibiting harassment, intimidation or bullying and prohibiting cyberbullying.
(b) Definitions of "harassment," "intimidation" or "bullying" and of "cyberbullying" that are consistent with ORS 339.351.
(c) Definitions of "protected class" that are consistent with ORS 174.100 and 339.351.
(d) A statement of the scope of the policy, including a notice that the policy applies to behavior at school-sponsored activities, on school-provided transportation and at any official school bus stop.
(e) A description of the type of behavior expected from each student.
(f) A procedure that is uniform throughout the school district for reporting an act of harassment, intimidation or bullying or an act of cyberbullying. A procedure established under this paragraph shall:
(A) Identify by job title the school officials responsible for receiving such a report at a school.
(B) Require a school employee to report an act of harassment, intimidation or bullying or an act of cyberbullying to a person identified under subparagraph (A) of this paragraph.
(C) Require the school official identified under subparagraph (A) of this paragraph to notify the parents or guardians of a student who was subjected to an act of harassment, intimidation or bullying or an act of cyberbullying and the parents or guardians of a student who may have conducted an act of harassment, intimidation or bullying or an act of cyberbullying. Notification must occur with involvement and consideration of the needs and concerns of the student who was subjected to an act of harassment, intimidation or bullying or an act of cyberbullying. For the purposes of this subparagraph:
(i) Notification is not required under this subparagraph if the school official reasonably believes notification could endanger the student who was subjected to an act of harassment, intimidation or bullying or an act of cyberbullying or if all of the following occur:
(I) The student who was subjected to an act of harassment, intimidation or bullying or an act of cyberbullying requests that notification not be provided to the student’s parents or guardians;
(II) The school official determines that notification is not in the best interest of the student who was subjected to an act of harassment, intimidation or bullying or an act of cyberbullying; and
(III) The school official informs the student that federal law may require the student’s parents or guardians to have access to the student’s education record, including any requests made as provided by this sub-subparagraph.
(ii) If the school official does not make the determination described in sub-subparagraph (i)(II) of this subparagraph, the school official must inform the student of that determination prior to providing notification.
(iii) When notification is provided under this subparagraph, the notification must occur:
(I) Within a reasonable period of time; or
(II) Promptly, for acts that caused physical harm to the student
(D) Identify any remedial action that may be imposed on a school employee for failure to make a report as required by subparagraph (B) of this paragraph.
(E) Allow a student or volunteer to report an act of harassment, intimidation or bullying or an act of cyberbullying voluntarily and anonymously to a person identified under subparagraph (A) of this paragraph .Nothing in this subparagraph may be construed to permit remedial action solely on the basis of an anonymous report.
(g) A procedure that is uniform throughout the school district for prompt investigation of a report of an act of harassment, intimidation or bullying or an act of cyberbullying. A procedure established under this paragraph shall identify by job title the school officials responsible for investigating such a report.
(h) A procedure by which a person may request a school district to review the actions of a school in responding to a report of an act of harassment, intimidation or bullying or an act of cyberbullying or investigating such a report.
(i) A statement of the manner in which a school and a school district will respond after an act of harassment, intimidation or bullying or an act of cyberbullying is reported, investigated and confirmed.
(j) A statement of the consequences and appropriate remedial action for a person found to have committed an act of harassment, intimidation or bullying or an act of cyberbullying.
(k) A statement prohibiting reprisal or retaliation against any person who reports an act of harassment, intimidation or bullying or an act of cyberbullying and stating the consequences and appropriate remedial action for a person who engages in such reprisal or retaliation.
(L) A statement of the consequences and appropriate remedial action for a person found to have falsely accused another of having committed an act of harassment, intimidation or bullying or an act of cyberbullying as a means of reprisal or retaliation, as a means of harassment, intimidation or bullying or as a means of cyberbullying.
(m) A statement of how the policy is to be publicized within the district. At a minimum, a school district shall make the policy:
(A) Annually available to parents, guardians, school employees and students in a student or employee handbook; and
(B) Readily available to parents, guardians, school employees, volunteers, students, administrators and community representatives at each school office or at the school district office and, if available, on the website for a school or the school district.
(n) The identification by job title of school officials and school district officials responsible for ensuring that the policy is implemented.
(3) A school district that does not comply with the requirements of this section is considered nonstandard under ORS 327.103.
343.155. Procedures to protect rights of child with disability; rules.
The State Board of Education shall establish by rule procedures to protect the rights of every child with a disability who is eligible for special education and every child who there is a reasonable cause to believe has a disability, including:
(5) Rules prescribing standards and procedures for disciplinary actions for behavior or misconduct of a child with a disability.
REGULATIONS
581-021-0050. Minimum standards for student conduct and discipline.
(1) School district boards shall prepare written rules of pupil conduct and discipline that shall include, but not necessarily be limited to, the following topics:
(a) Assembly of students;
(b) Dress and grooming;
(c) Motorized and nonmotorized vehicles;
(d) Search and seizure;
(e) Attendance;
(f) Freedom of expression;
(g) Alcohol, drugs, and tobacco;
(h) Student records;
(i) Discipline, suspension, and expulsion.
(2) School district rules pertaining to these topics shall include statements on student rights, responsibilities, and conditions which create a need for these rules.
581-021-0060. Discipline procedures, prohibition of corporal punishment.
(1) School district boards shall establish fair and reasonable procedures for discipline, suspension, or expulsion.
(2) No student in Oregon shall be subjected to corporal punishment in any public elementary or secondary school. A school administrator is not authorized to waive the prohibition against corporal punishment based upon the request of a parent or guardian.
581-021-0556. Procedures regarding restraint & seclusion.
(1) 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.
(2) Following an incident involving the use of restraint or seclusion, the following must be provided to a parent or guardian of the student:
(a) Verbal or electronic notification of the incident by the end of the school day when the incident occurred.
(b) Written documentation of the incident within 24 hours of the incident that provides:
(A) A description of the restraint or seclusion, including:
(i) The date of the restraint or seclusion;
(ii) The times when the restraint or seclusion began and ended; and
(iii) The location of the restraint or seclusion.
(B) A description of the student's activity that prompted the use of restraint or seclusion.
(C) The efforts used to de-escalate the situation and the alternatives to restraint or seclusion that were attempted.
(D) The names of the personnel of the public education program who administered the restraint or seclusion.
(E) A description of the training status of the personnel of the public education program who administered the restraint or seclusion, including any information that may need to be provided to the parent or guardian under subsection (3) of this rule.
(c) Timely notification of a debriefing meeting to be held and of the parent's or guardian's right to attend the meeting.
(3) If the personnel of the public education program who administered the restraint or seclusion had not received training from a program approved by the Department of Education, as required and in accordance with OAR 581-021-0563, the administrator of the public education program shall ensure that a parent or guardian of the student and the district superintendent or, if the public education program is a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243, the person who oversees the administration of the program, receive written notification of:
(a) The lack of training; and
(b) The reason the restraint or seclusion was administered by a person without training.
(4) A debriefing meeting related to the use of restraint or seclusion must be held within two school days of the incident and must include all personnel of the public education program who were involved in the incident and any other appropriate personnel. Written notes must be taken of the debriefing meeting, and a copy of the written notes must be provided to a parent or guardian of the student.
(5) If a student is involved in five incidents in a school year involving restraint or seclusion, a team consisting of personnel of the public education program and a parent or guardian of the student must be formed for the purposes of reviewing and revising the student's behavior plan and ensuring the provision of any necessary behavioral supports.
(6) If serious bodily injury or death of a student occurs in relation to the use of restraint or seclusion, written notification of the incident must be provided to the Department of Human Services within 24 hours of the incident.
(7) If serious bodily injury or death of personnel of the public education program occurs in relation to the use of restraint or seclusion, written notification of the incident must be provided to the following individuals within 24 hours of the incident:
(a) The district superintendent and, if applicable, the union representative for the affected party; or
(b) If the public education program is a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243, the person who oversees the administration of the program and, if applicable, the union representative for the affected party.
(8) Each public education program must maintain a record of each incident in which injuries or death occurs in relation to the use of restraint or seclusion.
(9) Pursuant to ORS 161.205 and 339.250, an individual who is a teacher, administrator, school employee or school volunteer may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.285 to 339.303 and OAR 581-021-0553.
(10) District school boards shall adopt written policies to implement restraint and seclusion procedures consistent with and as indicated in ORS 339.285 to 339.308 and OARs 581-021-0550 to 581-021-0570, and shall inform teachers, administrators, school employees and school volunteers of those policies.