justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 339 Statutes/Other Implemented: ORS 339.240 History: EB 18-1990, f. & cert. ef. 4-5-90 Reverted to 1EB 252, f. & ef. 9-30-76 EB 26-1989(Temp), f. & cert. ef. 9-8-89 1EB 252, f. & ef. 9-30-76 1EB 230, f. & ef. 6-4-76 1EB 132, f. 5-19-72, ef. 6-1-72
581-021-0055 Standards of Conduct (1) Students shall comply with the written rules of the school district board, pursue the prescribed course of study, submit to the lawful authority of teachers and school officials, and conduct themselves in an orderly fashion. (2) Students shall be liable to discipline, suspension, or expulsion for misconduct, including but not limited to: (a) Theft; (b) Disruption of the school; (c) Damage or destruction of school property; (d) Damage or destruction of private property on school premises or during a school activity; (e) Assault or threats of harm; (f) Unauthorized use of weapons or dangerous instruments; (g) Unlawful use of drugs, narcotics, or alcoholic beverages; (h) Persistent failure to comply with rules of the lawful directions of teachers or school officials. Statutory/Other Authority: ORS 339 Statutes/Other Implemented: ORS 339.250 History: 1EB 230, f. & ef. 6-4-76 1EB 132, f. 5-19-72, ef. 6-1-72
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. Statutory/Other Authority: ORS 339 Statutes/Other Implemented: ORS 339.250 History: EB 19-1990, f. & cert. ef. 4-5-90 Reverted to 1EB 259, f. 1-31-77, ef. 2-1-77 EB 27-1989(Temp), f. & cert. ef. 9-8-89 1EB 259, f. 1-31-77, ef. 2-1-77 1EB 132, f. 5-19-72, ef. 6-1-72
581-021-0061 Corporal Punishment (1) Corporal punishment is any act which willfully inflicts or willfully causes the infliction of physical pain on a student. (2) Corporal punishment does not include physical pain or discomfort resulting from or caused by: (a) Training for or participation in athletic competition voluntarily engaged in by a student; (b) Recreational activity voluntarily engaged in by a student; (c) Physical exertion shared by all students in a teacher directed class activity, which may include, but is not limited to, physical education exercises, field trips, or vocational education projects; or (d) Physical restraint or seclusion when used as provided in ORS 339.291 and OAR 581-021-0553. Statutory/Other Authority: ORS 339 Statutes/Other Implemented: ORS 339.250 History: ODE 5-2015, f. & cert. ef. 3-11-15 ODE 17-2006, f. 12-11-06, cert. ef. 12-12-06 EB 20-1990, f. & cert. ef. 4-5-90 ED 25-1989(Temp), f. & cert. ef. 9-8-89
581-021-0071 District Information for Parents and Students Regarding the Availability of Alternative Education Programs (1) The following definitions apply to this rule: (a) “Erratic attendance” means the student is frequently absent to the degree that he/she is not benefiting from the educational program; (b) “Notification” means written notice, by personal service or certified mail, to the parent or guardian and student as required by ORS 339.250(6). (2) District school boards shall adopt policies and procedures for notification to students and parents, or guardians of the availability of appropriate and accessible alternative programs. This notification shall be provided in the following situations: (a) Upon the occurrence of a second or any subsequent occurrence of a severe disciplinary problem within a three-year period; (b) When the district finds a student’s attendance pattern to be so erratic that the student is not benefiting from the educational program; (c) When the district is considering expulsion as a disciplinary alternative; (d) When a student is expelled pursuant to subsection (2) of ORS 339.250; and (e) When an emancipated minor, parent, or legal guardian applies for a student’s exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030(2). (3) The notification must include but is not limited to the following: (a) Student action which is the basis for consideration of alternative education; (b) Listing of alternative programs available to this student for which the district would provide financial support in accordance with ORS 339.620 except that when notice is given in accordance with subsection (2)(e) of this rule the district shall not be obligated to provide financial support; (c) The program recommended for the student based on student’s learning styles and needs; (d) Procedures for enrolling the student in the recommended program; and (e) When the parent or guardian’s language is other than English, the district must provide notification in manner that the parent or guardian can understand. (4) The district shall inform all parents or guardians of the law regarding alternative education and educational services available to students by such means as a statement in the student/parent handbook, notice in the newspaper, or an individual letter to a parent. (5) District school boards shall adopt a procedure for parents or guardians to request establishment of alternative programs within the district. (6) District school boards shall not approve the enrollment of a pupil in a private alternative program unless the private alternative program meets all requirements of OAR 581-021-0045. Statutory/Other Authority: ORS 339 Statutes/Other Implemented: ORS 339.250 History: ODE 30-2022, minor correction filed 06/01/2022, effective 06/01/2022 EB 26-1990, f. & cert. ef. 5-18-90 EB 35-1987, f. & ef. 12-11-87
581-021-0073 Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure (1) A registration applied for or issued under OAR 581-021-0072, Registration of Private Alternative Programs/Schools, may be denied, suspended, or revoked or renewal thereof denied, if: (a) the private alternative program/school fails to comply with the requirements of OAR 581-021-0072; (b) the program or its agents intentionally or knowingly make false, deceptive, inaccurate, or misleading representations of fact in any oral, written, visual, or electronic presentation in connection with the registration under OAR 581-021-0072; or (c) requested information is not furnished when required. (2) Suspension of private alternative school/program registration may be for a period of up to one year from the time of the suspension. (3) Revocation of private alternative school/program registration will be for a period of one year from the time of the revocation. (4) Consistent with ORS 336.631, a school district may not contract with or distribute public school funds to a private alternative program whose registration has been denied, suspended, or revoked under this rule. A contract with a private alternative program must provide that non-compliance with a statute or rule, or suspension or revocation of registration under this rule will result in termination of the contract. (5) Denial, suspension or revocation of private alternative education school/program registration may be appealed under the provisions of ORS 183.484. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 336.615 - 336.665 & 183.413 – 183.497 History: ODE 12-2007, f. & cert. ef. 4-25-07
581-021-0075 Distribution (1) School district boards, or designated representatives, shall attempt to give widest possible distribution to their rules of pupil conduct and discipline in order that students may understand the expectations of the district. (2) School districts shall make reasonable attempts to give a copy of their current rules to each student, and a copy of the current rules shall be posted in a prominent place in the schools of the district. (3) School districts shall make these rules available to the general public upon request. Statutory/Other Authority: ORS 339 Statutes/Other Implemented: ORS 336.635 History: 1EB 132, f. 5-19-72, ef. 6-1-72
581-021-0077 Compulsory Attendance Notices (1) Definitions for purposes of this rule: (a) "Parent" means parent, guardian or other person having control of a minor child who has not completed the 12th grade or is not otherwise legally exempt from compulsory attendance under ORS 339.030. (b) "Student" means a minor between the ages of 6 and 18 who has not completed the 12th grade, and who is not exempt from compulsory attendance under ORS 339.030. (c) "Superintendent" means the superintendent of a public school district or the superintendent's designee. (d) "Attendance supervisor" means an official appointed under ORS 339.040. (e) "Regular attendance" means attendance which does not include more than eight unexcused one-half day absences, or the equivalent thereof, in any four-week period in which the school is in session. (2) Notice of Attendance Supervisor. When an attendance supervisor determines a parent has failed to enroll his or her child and to maintain such child in regular attendance at a public school, the attendance supervisor shall give written notification to the parent within 24 hours of being informed of the failure. The notice may be served personally or by certified mail. (a) The notice shall state that the student must appear at the public school on the next school day following receipt of the notice and maintain regular attendance for the remainder of the school year. (b) The notice shall state that the parent has the right to request, for a child who does not have an Individualized Education Program or 504 plan, an evaluation to determine if the child should have an Individualized Education Program or 504 plan; or for a child who has an Individualized Education Program or 504 plan, a review of the Individualized Education Program or 504 plan to ensure that the accommodations remain appropriate to the student’s needs (c) The notice shall be written in the home language of the parent or guardian of the student. (d) The attendance officer, at the time the notice is served to the parent, shall notify the district superintendent, principal or other appropriate school official. (3) Notice of Superintendent. If the parent receiving the notice of the attendance supervisor does not comply with that notice, the attendance officer, within three days of knowledge of such noncompliance, shall notify the superintendent. Statutory/Other Authority: ORS 8.665, ORS 153.110 - 153.310, ORS 153.990, ORS 339.010 - 339.090, ORS 339.925 & ORS 339.990 Statutes/Other Implemented: ORS 339.090, ORS 339.925, ORS 339.990 & ORS 8.665 History: ODE 16-2023, amend filed 06/22/2023, effective 06/22/2023 ODE 8-2016, f. & cert. ef. 2-5-16 ODE 21-2000, f. & cert. ef. 5-23-00 ODE 8-2000(Temp), f. 2-23-00, cert. ef. 2-23-00 thru 8-20-00 EB 4-1994, f. & cert. ef. 4-29-94 EB 33-1993(Temp), f. & cert. ef. 11-15-93
581-021-0081 Student Absences (1) Definitions for the purpose of this rule: (a) “Family member or Caregiver” means a family member or caregiver responsible for and appointed to represent a student. (b) “Student" means a minor between the ages of 6 and 18 who has not completed the 12th grade, and who is not exempt from compulsory attendance under ORS 339.030. (c) "Eligible Student" means a student who has reached 18 years of age, a legally emancipated student, or a student who is attending only an institution of postsecondary education and is not enrolled in a secondary school. (d) “Excused absence” means an absence from school as allowed in ORS 339.065. (e) “Mental or behavioral health absence” means an absence taken by a student to promote their mental and behavioral health as stated by the family member or caregiver. (2) Absence Documentation. School districts can not require confirmation of a healthcare provider appointment following a student’s absence, unless required by the public health authority. (3) Absence Recording. For purposes of accurate tracking of regular attendance, the school must record military-connected absences separately from other absences per ORS 339.065. (4) Notice of Excused Absence Allowances. Schools must include information about the number and type of allowed excused absences as outlined in ORS 339.065 in the student policy handbook as developed for ORS 339.250 that is distributed to students and families at the beginning of each school year. The following must be included in the student policy handbook: (a) Mental or behavioral health as excused absences. (b) Absences related to being a dependent of a member of the Armed Forces of the United States. (5) School Response to Absence. When notified by a family member, caregiver, or eligible student of an excused or unexcused absence, schools must: (a) Allow work missed by the student to be made up within a reasonable period of time following the return to school, at a minimum of one day per day absent. Schools must work with students to determine what is reasonable based upon the student needs, academic situation, and amount of make up work to be completed. For a planned absence, schools should provide homework prior to the absence. Evaluation of student work received within the allowable time following return to school shall not incur a penalty or grade reduction related to being late. (b) Offer equitable access to community, academic, and social/emotional resources. Resources must be culturally and linguistically responsive and support mental/behavioral health and physical well-being. Statutory/Other Authority: ORS 339.065 Statutes/Other Implemented: ORS 339.065 History: ODE 47-2020, adopt filed 11/24/2020, effective 11/24/2020
581-021-0100 School Traffic Patrols (1) School traffic patrols will be operated in accordance with the guidelines described in the Oregon Traffic Patrol Manual published by the Oregon Department of Education. (2) Upon a school district request, staff assigned to the School Traffic Patrol Program will distribute equipment supplied by the Oregon Highway Division; staff will also provide help for existing patrols, and help establish and train new patrols. (3) A school district may request that section (1) of this rule be waived and that the district be allowed to operate a school traffic patrol in accordance with district guidelines. The State Superintendent of Public Instruction may approve such a waiver upon submission of evidence that by following district guidelines, school traffic patrols can be operated as efficiently and with no reduction in student safety as compared to guidelines in Oregon Traffic Patrol Manual. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 336 Statutes/Other Implemented: ORS 339.660 History: EB 9-1987, f. & ef. 5-12-87
581-021-0110 Tobacco Free Schools (1) For the purpose of this rule "tobacco" is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, and spit tobacco, also known as smokeless, dip, chew, and snuff, in any form. (2) No student, staff member, or school visitor is permitted to smoke, inhale, dip, or chew or sell tobacco at any time, including non-school hours (a) In any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or (b) On school grounds, athletic grounds, or parking lots. (3) No student is permitted to possess a tobacco product: (a) In any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or (b) On school grounds, athletic grounds, or parking lots. (4) By January 1, 2006, school districts must establish policies and procedures to implement and enforce this rule for students, staff and visitors. (5) For purposes of this rule, the term "school district" includes the Oregon School for the Deaf (OSD). The Oregon School for the Deaf must establish, in cooperation with the Oregon Department of Education, policies and procedures to implement and enforce this rule for students, staff and visitors by June 30, 2006. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 12-2009, f. & cert. ef. 12-10-09 ODE 8-2006, f.& cert. ef 2-21-06 ODE 30-2004, f. 9-15-04, cert. ef. 9-20-04
581-021-0210 Evaluating Student Transcripts When evaluating student transcripts, the school district shall: (1) Accept credits and attendance completed in educational programs in this state as if they had been earned in the enrolling district consistent with OAR 581-022-2025; (2) As used in this rule, “educational programs in this state” means an educational program that is: (a) Provided by a school district, a public charter school, an education service district, the Youth Corrections Education Program, or the Juvenile Detention Education Program in Oregon; or (b) Funded as provided by ORS 343.243 for students in a long term care or treatment facility described in ORS 343.961 or a hospital identified in ORS 343.261; (3) For out-of-state transfer students, accept credits and attendance completed in standard secondary schools as if the requirements had been completed in this state consistent with OAR 581-022-2025; (4) For transfer students who are dependents of an active duty or deployed member in the uniformed service of the United States, accept credits and attendance as if the requirements had been completed in this state consistent with OAR 581-022-2025. (a) For purposes of this rule, “active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard or the military reserve forces who are on active duty orders pursuant to 10 U.S.C. 1209 and 1211 or 32 U.S.C. 502(f) Active Guard/Reserve status. (b) For purposes of this rule, “deployed” means that period of time spanning one month prior to a service member’s departure from his or her home station on military orders through six months after return to his or her home station. (5) For students from private, alternative, or nonstandard public secondary schools: (a) Determine the value of prior credits consistent with OAR 581-022-2025; and (b) Determine the number of years of school attendance or equivalent. (6) Determine placement for students enrolled in kindergarten through grade 8; (7) Determine the value of credits obtained through home school-based courses, on-line or other distance learning methods in meeting the graduation requirements consistent with OAR 581-022-2025; and (8) Determine the value of credits obtained in approved community college programs in meeting graduation requirements consistent with OAR 581-022-2025. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 & 326.565 History: ODE 9-2023, amend filed 03/29/2023, effective 03/29/2023 ODE 44-2022, minor correction filed 08/25/2022, effective 08/25/2022 ODE 143-2019, minor correction filed 09/25/2019, effective 09/25/2019 ODE 15-2010, f. & cert. ef. 11-15-10 EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0225 Records of Law Enforcement Units (1) “Law enforcement unit” means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or noncommissioned security guards, that is officially authorized or designated by that agency or institution to: (a) Enforce any local, state, or federal law, or refer to appropriate authorities a matter for enforcement of any local, state, or federal law against any individual or organization other than the agency or institution itself; or (b) Maintain the physical security and safety of the agency or institution. (2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, nonlaw enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student. (3) Records of a law enforcement unit means those records, files, documents, and other materials that are: (a) Created by a law enforcement unit; (b) Created for a law enforcement purpose; and (c) Maintained by the law enforcement unit. (4) Records of a law enforcement unit does not mean: (a) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or (b) Records created and maintained by a a law enforcement unit exclusively for a nonlaw enforcement purpose, such as a discplinary action or proceeding conducted by the educational agency or institution. (5) Nothing in this rule prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, state, or federal law. (6) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, including the disclosure provisions of OAR 581-021-0330, while in the possession of the law enforcement unit. (7) This rule neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.8 History: EB 20-1995, f. & cert. ef. 7-25-95
581-021-0230 The Rights of Parents An educational agency or institution shall give full rights under OAR 581-021-0220 through 581-021-0420 to either parent, unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.4 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93
581-021-0240 The Rights of Eligible Students When a student becomes an eligible student, the rights accorded to, and consent required of, parents under OAR 581-021-0220 through 581-021-0420 transfer from the parents to the student. Nothing prevents educational agencies or institutions from giving students rights in addition to those given to parents. Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.5 Statutes/Other Implemented: ORS 326.565 History: EB 5-1994, f. & cert. ef. 4-29-94 EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93