justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 339 — School Attendance;

ORS 339.129. Education for children in local or regional correctional facilities required; funding; notice to district; access. (1) A school district shall provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district. The education may be provided by the school district or an education service district. (2) The school district may claim State School Fund reimbursement under ORS 327.006 to 327.133, 327.348, 327.356 to 327.359 and 327.731 for each child who is in a local or regional correctional facility. (3) A local or regional correctional facility shall notify the school district within which the facility is located of the name and date of birth of each school-age child placed in the facility, including a child with a disability under the age of 22 years who may be eligible for special education. The notice shall be in writing and shall be given within five business days of the childs placement in the facility. (4) The local or regional correctional facility shall allow the school district and education service district to have safe and reasonable access to children placed in that facility for whom the school district is required to provide education. (5) As used in this section: (a) Local correctional facility means a local correctional facility as defined in ORS 169.005. (b) Regional correctional facility means a regional correctional facility as defined in ORS 169.620.
ORS Chapter 339 — School Attendance;

ORS 339.130. [Amended by 1957 c.198 6; repealed by 1965 c.100 456] RESIDENCY
ORS Chapter 339 — School Attendance;

ORS 339.134. Residency of child voluntarily placed outside childs home and living in substitute care program. (1) Except as provided by subsection (2) of this section, a child whose parent or guardian voluntarily placed the child outside the childs home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be considered a resident for school purposes in the school district in which the child resides because of the voluntary placement. (2) A child whose parent or guardian voluntarily placed the child outside the childs home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be considered a resident for school purposes in the school district in which the childs parent or guardian resides if: (a) The childs preferences in school attendance are taken into consideration; (b) The childs parent or guardian retains legal guardianship of the child; (c) There is a plan for the child to return home; (d) The voluntary placement is within 20 miles by the nearest traveled road from the school the child attended prior to the voluntary placement, unless there are physiographic conditions that make transportation to the school not feasible; and (e) The childs parent or guardian and the school staff from the school the child attended prior to the voluntary placement can demonstrate that it is in the best interest of the child to continue to attend the school the child attended prior to the voluntary placement. The best interest of the child may be demonstrated by factors, including but not limited to the following: (A) The childs siblings attend the school; (B) A change in the childs routine would be detrimental to the child; or (C) The child has developed and maintained a network of personal contacts, support services and friends and a sense of community within the school. (3) Transportation for a child whose parent or guardian voluntarily placed the child outside the childs home with a public or private agency and who is living in a licensed, certified or approved substitute care program shall be the responsibility of the childs resident school district, as determined under subsection (1) or (2) of this section. (4) Nothing in this section shall affect the ability of school districts to enter into agreements with other school districts for the transportation of students.
ORS Chapter 339 — School Attendance;

ORS 339.137. Residency of student at youth care center. (1) Except as provided in subsection (2) of this section, a student described in ORS 336.580 shall be considered a resident of the school district in which the student resides by reason of the placement under ORS 336.580 for purposes of distribution of the State School Fund. (2) For a child described in ORS 336.580 (2)(b), the child shall receive educational services through the Juvenile Detention Education Program as described in ORS 326.695. (3) A student described in subsection (1) of this section must be admitted to the public schools of the school district where the student is placed pursuant to ORS 336.580. (4) Except as provided in ORS 343.261, 343.941, 343.961 and 346.010, the school district shall provide or cause to be provided appropriate education to any student described in subsection (1) of this section, including the identification and evaluation of the student for purposes of determining eligibility as a child with a disability to receive special education and related services enumerated in ORS 343.035 and services related to a disadvantaged child as defined in ORS 343.650. Suspension or expulsion of a student from the regular school program does not relieve the district of the obligation to provide instruction in the residential program in which the child resides or in another appropriate facility.
ORS Chapter 339 — School Attendance;

ORS 339.139. Residency of military children; rules. (1) As used in this section: (a) Military child means a child who is in a military family covered by the Interstate Compact on Educational Opportunity for Military Children, as determined under rules adopted by the State Board of Education. (b) Military transfer means the transfer or pending transfer of a parent of a military child pursuant to an official military order. (c) School district of military residence means the school district in which: (A) The family of a military child intends to reside as the result of a military transfer; or (B) If the school district in which the family of a military child intends to reside as the result of a military transfer is unknown, the school district in which the military installation identified in the official military order is located. (2) For the purposes of enrollment and class placement at a school of a school district, a military child shall be: (a) Considered a resident of the school district if the school district is the school district of military residence for the military child; and (b) Entitled to the same processes and rights of enrollment and class placement as any child who is a resident of the school district. (3) A parent of a military child who is considered a resident of a school district as provided by subsection (2) of this section must provide proof of residency within 10 days after the date of military transfer indicated in the official military order. (4) Nothing in this section: (a) Requires compliance with the school attendance requirements of ORS 339.010 and
ORS Chapter 339 — School Attendance;

ORS 339.140. [Repealed by 1965 c.100 456] TUITION AND FEES
ORS Chapter 339 — School Attendance;

ORS 339.141. Tuition prohibited for regular school program; other programs. (1) For the purposes of this section: (a) Public charter school has the meaning given that term in ORS 338.005. (b) Regular school program means the regular curriculum that is provided in the schools of the school district, including public charter schools, and that is provided: (A) As required full-day sessions in grades 1 through 12; (B) As required half-day sessions in kindergarten or as optional full-day sessions in kindergarten; and (C) During the hours and months when the schools of the school district or public charter schools are normally in operation, except summer sessions or evening sessions. (c) Tuition means payment for the cost of instruction and does not include fees authorized under ORS 339.155. (2) Except as provided in subsection (3) of this section, district school boards and public charter schools may establish tuition rates to be paid by pupils receiving instruction in educational programs, classes or courses of study, including traffic safety education, which are not a part of the regular school program. Tuition charges, if made, shall not exceed the estimated cost to the district or public charter school of furnishing the program, class or course of study. (3) Except as provided in ORS 336.805 for traffic safety education: (a) No tuition shall be charged to any resident pupil regularly enrolled in the regular school program for special instruction received at any time in connection therewith. (b) No program, class or course of study for which tuition is charged, except courses of study beyond the 12th grade, shall be eligible for reimbursement from state funds.
ORS Chapter 339 — School Attendance;

ORS 339.147. When tuition authorized; waiver of tuition and fees. (1)(a) Notwithstanding ORS 339.141, no district school board or public charter school as defined in ORS 338.005 shall require tuition for courses not part of the regular school program, except for traffic safety education, from a pupil who is a member of a low-income family in an amount in excess of what the low-income family may receive as money specifically to be used for payment of such tuition. (b) As used in this subsection, low-income family means a family whose children qualify for free or reduced price school meals under a federal program, including but not limited to the National School Lunch Act and the Child Nutrition Act of 1966, and all their subsequent amendments. (2) A family that does not qualify under subsection (1) of this section but believes the payment of school tuition is a severe hardship may request the district school board or public charter school to waive in whole or in part the payment of such tuition. (3) Any parent or guardian who believes that payment of any fee authorized under ORS 339.155 is a severe hardship may request the district school board or public charter school to waive payment of the fee and the board or public charter school shall waive in whole or in part the fee upon a finding of hardship. Consideration shall be given to any funds specifically available to the parent, guardian or child for the payment of fees or other school expenses. (4) No district school board or public charter school shall impose or collect fees authorized under ORS 339.155 from any student who is a ward of a juvenile court or of the Oregon Youth Authority or the Department of Human Services unless funds are available therefor in the courts, authoritys or departments budget. (5) No district school board or public charter school is required to waive any fee imposed under ORS 339.155 (5)(a) or (d).
ORS Chapter 339 — School Attendance;

ORS 339.150. [Amended by 1957 c.256 1; repealed by 1965 c.100 456]
ORS Chapter 339 — School Attendance;

ORS 339.155. Prohibitions of certain fees as condition of admission; allowable fees. (1) A district school board or public charter school as defined in ORS 338.005 may not require payment of fees as a condition of admission to those pupils entitled under the law to free admission. However, the following are not considered as conditions of admission: (a) Pursuant to ORS 339.141, but subject to ORS 339.147, tuition may be charged for courses not part of the regular school program. (b) A charge may not be made for a standard, prescribed textbook but a security deposit may be required, which may be refunded if the textbook is returned in usable condition. Supplemental texts shall be made available on loan. (c) A deposit may be charged for a lock for a locker. (2) A district school board or public charter school may require pupils who do not furnish their own attire for physical education classes to pay an appropriate fee for uniforms provided by the district or public charter school. (3) A district school board or public charter school may require pupils who do not provide appropriate towels for physical education classes to pay a fee for use of towels provided by the district or public charter school. (4)(a) A district school board or public charter school may require payment of fees for the use of musical instruments owned or rented by the district or public charter school. The district school board or public charter school may not charge a fee that exceeds the rental cost of the instrument to the district or public charter school or the annual depreciation plus actual maintenance cost for each instrument. (b) Notwithstanding paragraph (a) of this subsection, a district school board or public charter school may not require payment of fees for the use of a musical instrument from children exempt from tuition under ORS 339.147. The district school board or public charter school shall lend musical instruments, without charge, to children exempt from tuition under ORS 339.147. (5) Subject to ORS 339.147, a district school board or public charter school may require payments of fees in any of the following: (a) In any program where the resultant product, in excess of minimum course requirements and at the pupils option, becomes the personal property of the pupil. (b) Admission fees or charges for extracurricular activities where pupil attendance is optional. (c) A security deposit conditioned on the return of materials, supplies or equipment including athletic equipment. (d) Items of personal use or products which a pupil may purchase such as student publications, class rings, annuals and graduation announcements. (e) Field trips considered optional to a districts or public charter schools regular school program. (f) Any authorized voluntary pupil health and accident benefit plan. (g) As used in this subsection, minimum course requirements means any product required to be produced to meet the goals of the course.
ORS Chapter 339 — School Attendance;

ORS 339.160. [Repealed by 1965 c.100 456]
ORS Chapter 339 — School Attendance;

ORS 339.170. [Repealed by 1965 c.100 456]
ORS Chapter 339 — School Attendance;

ORS 339.180. [Repealed by 1965 c.100 456]
ORS Chapter 339 — School Attendance;

ORS 339.190. [Repealed by 1965 c.100 456]
ORS Chapter 339 — School Attendance;

ORS 339.200. [Repealed by 1965 c.100 456]
ORS Chapter 339 — School Attendance;

ORS 339.205. [1991 c.833 1; 1993 c.18 90; 1993 c.33 323; renumbered 336.585 in 1993] STUDENT CONDUCT AND DISCIPLINE
ORS Chapter 339 — School Attendance;

ORS 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.
ORS Chapter 339 — School Attendance;

ORS 339.252. Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures. (1) As used in this section, child with a disability has the meaning given that term in ORS 343.035. (2) A child with a disability continues to be entitled to a free appropriate public education if the child has been removed for disciplinary reasons from the childs current educational placement for more than 10 school days in a school year. (3) A disciplinary removal is considered a change in educational placement and the school district shall follow special education due process procedures under ORS 343.155 (5) if: (a) The removal is for more than 10 consecutive school days; or (b) The child is removed for more than 10 cumulative school days in a school year, and those removals constitute a pattern based on the length and total time of removals and the proximity of the removals to one another. (4) A child with a disability shall not be removed for disciplinary reasons under subsection (3) of this section for misconduct that is a manifestation of the childs disability, except as provided under ORS 343.177. (5) Notwithstanding ORS 339.250 (5)(h) or (7)(c)(B), a school district shall provide a free appropriate public education in an alternative setting to a child with a disability even if the basis for expulsion was a weapon violation pursuant to ORS 339.250 (7). (6) School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct.
ORS Chapter 339 — School Attendance;

ORS 339.255. TRAFFIC PATROL
ORS Chapter 339 — School Attendance;

ORS 339.256. Prohibition on restriction of access to specialized learning areas or certain common areas. (1) As used in this section: (a) Alternative education student means a student who is part of a school or a separate class group that was designed to best serve the students educational needs and interests and to assist the student in achieving the academic standards of the school district and the state. (b) English language learner has the meaning given that term in ORS 336.079. (c) Special education student means a student who is receiving special education or related services, as provided by ORS chapter 343. (d) Specialized learning area includes laboratories, auditoriums and athletic facilities. (e) Traditional student means a student who is not an alternative education student, an English language learner or a special education student. (2) For an alternative education student, an English language learner or a special education student, a school district may not restrict access to specialized learning areas or to the common lunch area, common gathering areas or recreational areas in a manner that is different than any restrictions imposed on traditional students in the same grade. (3) Nothing in subsection (2) of this section prevents a school district from: (a) Implementing a behavior support or safety plan that restricts a students access to common or specialized learning areas based on the specific documented needs or behaviors of the student; (b) Imposing discipline that prohibits a student from accessing specific common or specialized learning areas for a defined period of time and for reasons specific to the students behavior; or (c) Complying with any order from a court or law enforcement agency.
ORS Chapter 339 — School Attendance;

ORS 339.270. Assessment of costs of school property damage against responsible student or parents or guardian; notice; action to recover. (1) If a school district finds that a student is responsible for damaging school district property, the school district may determine the reasonable cost of repairing or replacing the school district property. If the cost is $50 or more, the school district may notify the student and the parent or guardian of the student about the cost and may charge the student or the parent or guardian of the student for the cost of repairing or replacing the school district property. If the amount is not paid by the student or the parent or guardian of the student, or if other arrangements have not been made, within 10 days of receiving the notice under this subsection, the amount shall become a debt owed by the student or the parent or guardian of the student. (2) If the debt owed to the school district is not paid as demanded, the school district board, in addition to any other remedy provided by law, may bring an action under this section against the student or parent or guardian of the student in a court of competent jurisdiction for the amount owed to the school district plus costs and reasonable attorney fees.
ORS Chapter 339 — School Attendance;

ORS 339.280. Student grading policies; consideration of attendance allowed; policy content. Each school district board may establish student grading policies that permit teachers to consider a students attendance in determining the students grade or deciding whether the student should be granted or denied credit. A students attendance shall not be the sole criterion for the reduction of a students grade. Such policies shall provide that prior to reduction of grade or denial of credit: (1) The teacher identifies how the students attendance and participation in class is related to the instructional goals of the particular subject or course and gives notice to the student and parents or guardian of the student. (2) Procedures are in effect to ensure due process when the grade is reduced or credit is denied for attendance rather than academic reasons. (3) The reasons for the nonattendance are considered and the grade is not reduced or credit is not denied based on absences due to: (a) Religious reasons; (b) A students disability; or (c) An excused absence as determined by the policy of the school district or as provided by ORS 339.065. [1995 c.656 4; 2019 c.207 2; 2019 c.393 2] RESTRAINT AND SECLUSION
ORS Chapter 339 — School Attendance;

ORS 339.285. Definitions for ORS 339.285 to 339.303. As used in ORS 339.285 to 339.303: (1) Public education program means a program in this state that: (a) Is for students in early childhood education, elementary school or secondary school; (b) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and (c) Receives, or serves students who receive, support in any form from any program supported, directly or indirectly, with funds appropriated to the Department of Education. (2)(a) Restraint means the restriction of a students actions or movements by holding the student or using pressure or other means. (b) Restraint does not include: (A) Holding a students hand or arm to escort the student safely and without the use of force from one area to another; (B) Assisting a student to complete a task if the student does not resist the physical contact; or (C) Providing reasonable intervention with the minimal exertion of force necessary if the intervention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to: (i) Break up a physical fight; (ii) Interrupt a students impulsive behavior that threatens the students immediate safety, including running in front of a vehicle or climbing on unsafe structures or objects; or (iii) Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection. (3)(a) Seclusion means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. (b) Seclusion does not include the removal of a student for a short period of time to provide the student with an opportunity to regain self-control if the student is in a setting from which the student is not physically prevented from leaving. (4) Serious bodily injury means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.