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

ORS 339.288. Prohibitions on use of certain restraints. (1) The use of the following types of restraint on a student in a public education program is prohibited: (a) Chemical restraint. (b) Mechanical restraint. (c) Prone restraint. (d) Supine restraint. (e) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a students movement, unless the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon. (f) Any restraint that places, or creates a risk of placing, pressure on a students neck or throat. (g) Any restraint that places, or creates a risk of placing, pressure on a students mouth, unless the restraint is necessary for the purpose of extracting a body part from a bite. (h) Any restraint that impedes, or creates a risk of impeding, breathing. (i) Any restraint that involves the intentional placement of the hands, feet, elbow, knee or any object on a students neck, throat, genitals or other intimate parts. (j) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on the stomach or back by a knee, foot or elbow bone. (k) Any action designed for the primary purpose of inflicting pain. (2) As used in this section: (a) Chemical restraint means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not: (A) Prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice for standard treatment of the students medical or psychiatric condition; and (B) Administered as prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice. (b)(A) Mechanical restraint means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student. (B) Mechanical restraint does not include: (i) A protective or stabilizing device ordered by a licensed physician; or (ii) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle. (c) Prone restraint means a restraint in which a student is held face down on the floor. (d) Supine restraint means a restraint in which a student is held face up on the floor.
ORS Chapter 339 — School Attendance;

ORS 339.291. Use of restraint or seclusion. (1) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program. (2)(a) Restraint may be used on a student in a public education program only under the following circumstances: (A) The students behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others; and (B) Less restrictive interventions would not be effective. (b) Seclusion may be used on a student in a public education program only under the following circumstances: (A) The students behavior imposes a reasonable risk of imminent and serious bodily injury to the student or others; and (B) Less restrictive interventions would not be effective. (3) If restraint or seclusion is used on a student, the restraint or seclusion must be: (a) Used only for as long as the students behavior poses a reasonable risk as described in subsection (2) of this section; (b) Imposed by personnel of the public education program who are: (A) Trained to use restraint or seclusion through programs described in ORS
ORS Chapter 339 — School Attendance;

ORS 339.297. Annual report. (1) Each entity that has jurisdiction over a public education program must prepare and submit to the Department of Education an annual report detailing the use of restraint and seclusion for the preceding school year, including, at a minimum: (a) The total number of incidents involving restraint. (b) The total number of incidents involving seclusion. (c) The total number of seclusions in a locked room. (d) The total number of rooms available for use by the public education program for seclusion of a student and a description of the dimensions and design of the rooms. (e) The total number of students placed in restraint. (f) The total number of students placed in seclusion. (g) The total number of incidents that resulted in injuries or death to students or personnel as a result of the use of restraint or seclusion. (h) The number of students who were placed in restraint or seclusion more than 10 times in the course of a school year and an explanation of what steps have been taken by the public education program to decrease the use of restraint and seclusion for each student. (i) The number of incidents in which the personnel of the public education program administering restraint or seclusion were not trained as provided by ORS
ORS Chapter 339 — School Attendance;

ORS 339.300. (j) The demographic characteristics of all students upon whom restraint or seclusion was imposed, including race, ethnicity, gender, disability status, migrant status, English proficiency and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual student. (2)(a) Each entity that has jurisdiction over a public education program shall make its annual report about restraint and seclusion available to: (A) The public at the entitys main office and the website of the entity; (B) The board or governing body overseeing the entity; (C) If the entity is an education service district, the component school districts of the education service district; and (D) If the entity is a public charter school, the sponsor of the public charter school. (b) Parents and guardians of students in a public education program shall be advised at least once each school year about how to access the report. (3) A public education provider that does not comply with the requirement to submit a report to the Department of Education under subsection (1) of this section or to make the report available as described in subsection (2) of this section is considered nonstandard under ORS 327.103.
ORS Chapter 339 — School Attendance;

ORS 339.303. the superintendent, the organization or individual attempted to seek a remedy for the complaint from the board or governing body overseeing the entity that has jurisdiction over the public education program against which the complaint is being submitted. (2) A process for investigating a complaint submitted under subsection (1) of this section. (3) The minimum standards for any rooms used by a public education program for seclusion of a student. The standards must: (a) Take into account the health and safety of students and personnel of the public education program and the respect and dignity of students; and (b) Include consideration of the size, safety features, lighting and ventilation of the rooms.
ORS Chapter 339 — School Attendance;

ORS 339.309. Required reports of employee injuries. (1) Each district school board shall establish a policy for the reporting of incidents that: (a) Result in the injury of an employee of the school district; and (b) Are sustained while in the actual performance of the duty of the employee. (2) A policy established as provided by this section must align, to the extent practicable, with any existing reporting requirements.
ORS Chapter 339 — School Attendance;

ORS 339.310. [1965 c.100 291; repealed by 1973 c.728 6] (Coordination and Information Sharing)
ORS Chapter 339 — School Attendance;

ORS 339.312. Safe school alliance. School districts are encouraged to form a safe school alliance composed of schools, law enforcement agencies, juvenile justice agencies and district attorneys. The purpose of a safe school alliance is to provide the safest school environment possible.
ORS Chapter 339 — School Attendance;

ORS 339.317. Notice to school district of person charged with crime; immunity. (1)(a) No later than five days after a person under 18 years of age is waived under ORS 419C.349, 419C.352 or 419C.364, the district attorney or city attorney, if the person is waived to municipal court or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall give notice of the charge to the school administrator of the school attended by the person or to the school administrator of the school district in which the person resides. For purposes of this section, school administrator has the meaning given that term in ORS 419A.305. (b) The district attorney, city attorney or juvenile department shall include in the notice the following: (A) The crime with which the person is charged; (B) The name and date of birth of the person; (C) The names and addresses of the persons parents or guardians; (D) The name and contact information of the attorney for the person, if known; (E) The name and contact information of the individual to contact for further information about the notice; (F) Any conditions of release or terms of probation; and (G) Any other conditions required by the court. (2) A person who sends records under this section is not civilly or criminally liable for failing to disclose the information under this section.
ORS Chapter 339 — School Attendance;

ORS 339.319. Notice to school district of person convicted of crime; immunity. (1)(a) When a person under 18 years of age is convicted of a crime following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 (1)(b), the agency supervising the person or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall give notice of the conviction within five days following sentencing to the school administrator of the school attended by the person or to the school administrator of the school district in which the person resides. For purposes of this section, school administrator has the meaning given that term in ORS 419A.305. (b) The agency supervising the person or the juvenile department shall include in the notice: (A) The name and date of birth of the person; (B) The names and addresses of the persons parents or guardians; (C) The crime of conviction; (D) The sentence imposed; (E) The name and contact information of the attorney for the person, if known; (F) The name and contact information of the individual to contact for further information about the notice; (G) Any conditions of release or terms of probation including, but not limited to, whether school attendance is a condition of the release; and (H) Any other conditions required by the court. (2) An agency supervising a person or anyone employed by or acting on behalf of an agency supervising a person who sends records under this section is not civilly or criminally liable for failing to disclose the information under this section.
ORS Chapter 339 — School Attendance;

ORS 339.321. Notice to school district and law enforcement agencies of release or discharge of person; immunity. (1) No later than 15 days before the release or discharge of a person committed to the legal custody of the Department of Corrections or the supervisory authority of a county following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the department or supervisory authority or, in the case of a juvenile department that has agreed to be responsible for providing the notice required under this section, the juvenile department shall notify the following of the release or discharge if the person is under 21 years of age at the time of the release: (a) Law enforcement agencies in the community in which the person is going to reside; and (b) The school administrator of the school the person will attend or the school administrator of the school district in which the person will reside. (2) The department, supervisory authority or the juvenile department shall include in the notification: (a) The name and date of birth of the person; (b) The date of release or discharge; (c) The persons address; (d) The names and addresses of the persons parents or guardians; (e) The name and contact information of the attorney for the person, if known; (f) The name and contact information of the individual to contact for further information about the notice; (g) Any conditions of release or terms of probation including, but not limited to, the type of supervision under which the person is released and whether school attendance is a condition of release; and (h) Any other conditions required by the court. (3) The department, supervisory authority or anyone employed by or acting on behalf of the department or supervisory authority who sends records under this section is not civilly or criminally liable for failing to disclose the information under this section. (4) As used in this section, school administrator has the meaning given that term in ORS 419A.305.
ORS Chapter 339 — School Attendance;

ORS 339.323. Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person; immunity. (1) When a school administrator as defined in ORS 419A.305 receives notice under ORS 339.317,
ORS Chapter 339 — School Attendance;

ORS 339.327. Notification required if person possesses threatening list or when threats of violence or harm made; immunity. (1) A superintendent of a school district or a superintendents designee who has reasonable cause to believe that a person, while in a school, is or has been in possession of a list that threatens harm to other persons, shall notify: (a) The parent or guardian of any student whose name appears on the list as a target of the harm; and (b) Any teacher or school employee whose name appears on the list as a target of the harm. (2) A superintendent or superintendents designee who has reasonable cause to believe that a student, while in a school, has made threats of violence or harm to another student shall notify the parent or guardian of the threatened student. (3) The superintendent or superintendents designee shall attempt to notify the persons specified in subsections (1) and (2) of this section by telephone or in person promptly but not later than 12 hours after discovering the list or learning of the threat. The superintendent or superintendents designee shall follow up the notice with a written notification sent within 24 hours after discovering the list or learning of the threat. (4) Any school district or person participating in good faith in making the notification required by this section is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making or content of the notification. (5) As used in this section, school has the meaning given that term in ORS
ORS Chapter 339 — School Attendance;

ORS 339.330. [1965 c.100 293; repealed by 1973 c.728 6] (Center for School Safety)
ORS Chapter 339 — School Attendance;

ORS 339.331. Mission; duties; annual report; staff; funding. (1) There is created the Center for School Safety within the University of Oregon. The mission of the center shall be to: (a) Serve as the central point for data analysis; (b) Conduct research; (c) Disseminate information about successful school safety programs, research results and new programs; and (d) Provide technical assistance for improving the safety of schools in collaboration with the Department of Education and others. (2) To fulfill its mission, the Center for School Safety shall: (a) Establish a clearinghouse for information and materials concerning school violence prevention and intervention services. As used in this paragraph, intervention services means any preventive, developmental, corrective or supportive service or treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior or juvenile crime or has been expelled from the school district. Intervention services may include, but is not limited to: (A) Screening to identify students at risk for emotional disabilities or antisocial behavior; (B) Direct instruction in academic, social, problem-solving and conflict resolution skills; (C) Alternative education programs; (D) Psychological services; (E) Identification and assessment of abilities; (F) Counseling services; (G) Medical services; (H) Day treatment; (I) Family services; and (J) Work and community service programs. (b) Provide program development and implementation expertise and technical support to schools, law enforcement agencies and communities. The expertise and support may include coordinating training for administrators, teachers, students, parents and other community representatives. (c) Analyze the data collected in compliance with section 5, chapter 618, Oregon Laws 2001. (d) Research and evaluate school safety programs so schools and communities are better able to address their specific needs. (e) Promote interagency efforts to address discipline and safety issues within communities throughout the state. (f) Prepare and disseminate information regarding the best practices in creating safe and effective schools. (g) Advise the State Board of Education on rules and policies. (h) Provide an annual report on the status of school safety in Oregon by July 1 of each year to: (A) The Governor; (B) The Attorney General; (C) The State Board of Education; and (D) All relevant legislative committees. (3) The University of Oregon Institute on Violence and Destructive Behavior shall provide staff support to the Center for School Safety board of directors and shall manage the center. (4) The Center for School Safety board of directors may seek and accept public and private funds for the center.
ORS Chapter 339 — School Attendance;

ORS 339.333. Board of directors. (1) The Center for School Safety shall be governed by a board of directors. The board of directors shall consist of: (a) The Superintendent of Public Instruction or a designee of the superintendent; (b) The Director of the Oregon Youth Authority or a designee of the director; (c) The Attorney General or a designee of the Attorney General; (d) The Superintendent of State Police or a designee of the superintendent; (e) The Director of Human Services or a designee of the director; (f) The Director of the Oregon Health Authority or a designee of the director; (g) Nine members appointed by the Governor, as follows: (A) One member representing the Oregon School Boards Association; (B) One member representing the Confederation of Oregon School Administrators; (C) One member representing the Oregon Education Association; (D) One member representing the Oregon School Employees Association; (E) One member representing the Oregon State Sheriffs Association; (F) One member representing the Oregon Association Chiefs of Police; (G) One member representing the Oregon District Attorneys Association; (H) One member representing the National Resource Center for Safe Schools on the Northwest Regional Educational Laboratory; and (I) One member representing the Oregon School Safety Officers Association; and (h) Other members that the board may appoint. (2) When making appointments to the board of directors, the Governor shall solicit recommendations from professional organizations that represent school employees, school district boards, school administrators and other education providers. (3) The term of office of each board member appointed by the Governor is two years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a board member, the Governor shall appoint a successor. A board member is eligible for reappointment but shall not serve for more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term. (4) A member of the board of directors is entitled to compensation and expenses as provided in ORS 292.495. (5) The board of directors shall meet a minimum of four times per year. (6) The board of directors shall annually elect a chairperson and vice chairperson from the membership. The board of directors may form committees as needed.
ORS Chapter 339 — School Attendance;

ORS 339.336. Funding; Center for School Safety Account. (1) The University of Oregon may seek and accept contributions of funds and assistance from the United States, its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with ORS 339.331, 339.333 and 339.339. All such funds are to aid in financing the functions of the Center for School Safety and shall be deposited in the Center for School Safety Account and shall be disbursed for the purpose for which contributed. (2) The Center for School Safety Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all federal funds or other moneys received by the University of Oregon for the center shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the Higher Education Coordinating Commission for distribution to the University of Oregon and shall be used by the university for the purposes of carrying out ORS 339.331, 339.333 and
ORS Chapter 339 — School Attendance;

ORS 339.339. Collaboration between center and Department of Education. The Department of Education, in collaboration with the Center for School Safety, shall: (1) Develop recommendations and statewide guidelines designed to improve the learning environment and student achievement and to reduce the dropout rate in the states public schools. (2) Identify successful strategies that are used in Oregon and other states to improve the learning environment and student achievement and to reduce the dropout rate. (3) Provide technical assistance to those school districts requesting assistance in reducing the dropout rate.
ORS Chapter 339 — School Attendance;

ORS 339.340. [1965 c.100 294; repealed by 1973 c.728 6] (Student Safety and Suicide Prevention)
ORS Chapter 339 — School Attendance;

ORS 339.341. Statewide School Safety and Prevention System; rules. (1) As used in this section: (a) Cyberbullying has the meaning given that term in ORS 339.351. (b) Harassment, intimidation or bullying has the meaning given that term in ORS