reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.378 - Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline.

(1)(a) Not later than 20 days after receiving a request under ORS 339.374 (1)(b), an education provider that has or has had an employment relationship with the applicant shall disclose the information requested.
(b) An education provider may disclose the information on a standardized form and is not required to provide any additional information related to a substantiated report of abuse or sexual conduct other than the information that is required by ORS 339.374 (1)(b).
(c) Information received under this section is confidential and is not a public record as defined in ORS 192.311. An education provider may use the information only for the purpose of evaluating an applicant’s eligibility to be hired.
(2)(a) Except as provided by paragraphs (b) and (c) of this subsection, an individual who is a school employee, a contractor or an agent may not assist another school employee, contractor or agent in obtaining any new job if the individual knows, or has reasonable cause to believe, that the school employee, contractor or agent engaged in abuse or sexual conduct.
(b) Nothing in paragraph (a) of this subsection prevents an education provider from:
(A) Disclosing the information described in subsection (1) of this section; or
(B) Providing the routine transmission of administrative and personnel files.
(c) The prohibition prescribed by paragraph (a) of this subsection does not apply if the school employee, contractor or agent knows, or has reasonable cause to believe:
(A) That the suspected abuse or suspected sexual conduct was reported to a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education; and
(B) Any of the following are true:
(i) The report could be neither substantiated nor found to be unsubstantiated following an investigation;
(ii) The report was found to be unsubstantiated;
(iii) The report was found to be a substantiated report; or
(iv) The investigation into the report remains ongoing after four years.
(3)(a) The commission may take disciplinary action against a school employee who is a commission licensee for failure to disclose information as required by subsection (1)(a) of this section. In determining whether to take disciplinary action, the commission may take into consideration any evidence presented by the school employee that a longer period of time was necessary for good cause.
(b) Any violation of the provisions of subsection (2) of this section shall be considered gross neglect of duty under ORS 342.175. [2009 c.93 §8; 2012 c.92 §6; 2013 c.553 §4; 2019 c.618 §5; 2021 c.151 §6]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.384 - Prohibitions and allowances related to hiring of applicant to be school employee.

(1) An education provider may not hire an applicant to be a school employee if the applicant does not comply with the requirements of ORS 339.374 (1)(a). A refusal by the education provider to hire an applicant under this subsection removes the applicant from any education provider policies, any collective bargaining provisions regarding dismissal procedures and appeals and any provisions of ORS 342.805 to 342.937.
(2) An education provider may hire an applicant to be a school employee on a conditional basis pending the education provider’s review of information received under ORS 339.378 (1).
(3) An education provider may not deny an applicant employment solely because:
(a) An education provider identified by the applicant under ORS 339.374 (1)(a)(A) fails or refuses to comply with the requirements of ORS 339.378 (1); or
(b) One or more education providers identified by the applicant under ORS 339.374 (1)(a)(A) are located in another state and the laws or rules of that state prevent the release of information requested under ORS 339.378 (1). [2009 c.93 §9; 2019 c.618 §6]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.389 - Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules.

(1) When the Department of Education receives from the Department of Human Services notification of a report of abuse or receives a report on the outcomes of an investigation of abuse, as provided by ORS 419B.019 or 419B.020, and the notification or report involves a child and a person who is a school employee, contractor, agent or volunteer, the Department of Education may notify, as soon as practicable, any education provider that the Department of Education determines must be notified to ensure the safety of children.
(2) When providing notice to an education provider under subsection (1) of this section, the Department of Education:
(a) Shall include any information the department determines is necessary to ensure the safety of children, including the name of the school and the name of the person who allegedly committed the suspected abuse.
(b) May not disclose the name and address of, or any other identifying information about, the person who made the report of suspected abuse.
(3) The Department of Education may provide information related to the notification or report received as described in subsection (1) of this section to the Teacher Standards and Practices Commission if the department determines that:
(a) The commission must be notified to ensure the safety of children; and
(b) The notification or report involves a person who is licensed by the commission.
(4)(a) Notwithstanding ORS 192.311 to 192.478, any information received as provided by this section is not a public record and is not subject to public inspection.
(b) Any person or entity who receives information under this section may not release the information, unless as otherwise provided by law.
(5) The State Board of Education may adopt rules for the purposes of implementing this section. [2021 c.386 §4]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.392 - Prohibitions against certain agreements and contracts.

(1) An education provider may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement or any similar contract or agreement that:
(a) Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a report of suspected abuse or suspected sexual conduct;
(b) Has the effect of suppressing information relating to a substantiated report of abuse or sexual conduct by a current or former school employee, contractor, agent or volunteer;
(c) Affects the duties of the education provider to report suspected abuse or suspected sexual conduct or to discipline a current or former school employee, contractor, agent or volunteer for a substantiated report of abuse or sexual conduct;
(d) Impairs the ability of the education provider to discipline a school employee, a contractor, an agent or a volunteer for a substantiated report of abuse or sexual conduct; or
(e) Requires the education provider to expunge substantiated information about abuse or sexual conduct from any documents maintained by an education provider.
(2) Any provision of an employment contract or agreement that is contrary to this section is void and unenforceable.
(3) Nothing in this section prevents an education provider from entering into a collective bargaining agreement that includes:
(a) Standards for investigation of a report of suspected abuse or suspected sexual conduct; or
(b) An appeal process from the determination made by or the action taken by an education provider related to a report of abuse or sexual conduct. [2009 c.93 §10; 2012 c.92 §7; 2019 c.618 §8]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.400 - Training.

(1) An education provider shall provide to school employees each school year training on:
(a) The prevention and identification of abuse and sexual conduct;
(b) The obligations of school employees under ORS 339.388 and 419B.005 to 419B.050 and under policies adopted by the school board to report suspected abuse and suspected sexual conduct; and
(c) Appropriate electronic communications with students as provided by ORS 339.372 (11).
(2) An education provider shall provide to contractors, agents and volunteers each school year information on:
(a) The prevention and identification of abuse and sexual conduct;
(b) The obligations of school employees under policies adopted by the school board to report abuse and sexual conduct; and
(c) Appropriate electronic communications with students as described in ORS 339.372 (11).
(3) An education provider shall make the training provided under subsection (1) of this section available each school year to contractors, agents and volunteers and to parents and legal guardians of students who attend a school operated by the education provider. The training shall be provided separately from the training provided to school employees under subsection (1) of this section.
(4) An education provider shall make available each school year to students who attend a school operated by the education provider a training that is designed to prevent abuse and sexual conduct. [Formerly 339.377; 2012 c.92 §8; 2019 c.618 §10]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.420 - Child excused to receive religious instruction.

Upon application of the parent or guardian of the child, or, if the child has attained the age of majority, upon application of the child, a child attending the public school may be excused from school for periods not exceeding two hours in any week for elementary pupils and five hours in any week for secondary pupils to attend weekday schools giving instruction in religion. [1965 c.100 §298; 1973 c.827 §32; 1977 c.276 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.450 - Prohibited grounds for denying participation in interscholastic athletics.

A school, school district or association, whether public or private, may not deny any grade or high school student the right to participate in interscholastic athletics solely on the ground that the student:
(1) Transferred between schools;
(2) Attends a public charter school, as defined in ORS 338.005;
(3) Participated in athletics at another school; or
(4) Is eligible to attend school under ORS 339.115 (1) and is enrolled in a program to earn a certificate for passing an approved high school equivalency test, such as the General Educational Development (GED) test. [1983 c.823 §2; 2017 c.550 §1; 2021 c.70 §1; 2022 c.81 §14]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.510 - Student accounting system; goals.

Pursuant to rules of the State Board of Education, the Department of Education shall establish and maintain a student accounting system that has as its minimum goals:
(1) Providing a timely accounting of students who withdraw from school before graduating or completing the normal course of study;
(2) Providing reasons why students withdraw from school;
(3) Identifying patterns in the information and assessment of factors that may assist the department and the school district to develop programs addressing the problems of dropouts; and
(4) Providing school districts with management tools for assessing which students are dropouts and why they drop out. [1991 c.805 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.515 - Uniform reporting system; training and technical assistance in using system.

(1) In order to meet the goals described in ORS 339.510, the Department of Education shall develop a system of uniform reporting and shall assist school districts in establishing such systems, with appropriate allowances being made for the size of districts and their existing reporting systems.
(2) The department shall provide training and technical assistance to school district personnel so that, statewide, the student accounting system produces uniform and accurate reports. [1991 c.805 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.650 - "Traffic patrol" defined for ORS 339.650 to 339.665.

As used in ORS 339.650 to 339.665 "traffic patrol" means one or more individuals appointed by a public, private or parochial school to protect pupils in their crossing of streets or highways on their way to or from the school by directing the pupils or by cautioning vehicle operators. [Formerly 336.450]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.655 - Traffic patrols authorized; medical benefits; rules.

(1) A district school board may do all things necessary, including the expenditure of district funds, to organize, supervise, control or operate traffic patrols. A district school board may make rules relating to traffic patrols which are consistent with rules under ORS 339.660 (1).
(2) The establishment, maintenance and operation of a traffic patrol does not constitute negligence on the part of any school district or school authority.
(3) A district school board may provide medical or hospital care for an individual who is injured or disabled while acting as a member of a traffic patrol. [Formerly 336.460]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.660 - Rules on traffic patrols; eligibility; authority.

(1) To promote safety the State Board of Education after consultation with the Department of Transportation and the Department of State Police, shall make rules relating to traffic patrols.
(2) A member of a traffic patrol:
(a) Shall be at least 18 years of age unless the parent or guardian of the member of the traffic patrol has consented in writing to such membership and ceases to be a member if such consent is revoked.
(b) May display a badge marked "traffic patrol" while serving as a member.
(c) May display a directional sign or signal in cautioning drivers where students use a school crosswalk of the driver’s responsibility to obey ORS 811.015. [Formerly 336.470]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.665 - Intergovernmental cooperation and assistance in connection with traffic patrols.

(1) The Department of Education and the Department of Transportation shall cooperate with any public, private or parochial school in the organization, supervision, control and operation of its traffic patrol.
(2) The Department of State Police, the sheriff of each county or the police of each city may assist any public, private or parochial school in the organization, supervision, control or operation of its traffic patrol. [Formerly 336.480]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.867 - Definitions for ORS 339.869 and 339.870.

As used in ORS 339.869 and 339.870:
(1)(a) "Medication" means:
(A) Medication that is not injected;
(B) Premeasured doses of epinephrine that are injected;
(C) Medication that is available for treating adrenal insufficiency; and
(D) Naloxone or any similar medication that is in any form available for safe administration and that is designed to rapidly reverse an overdose of an opioid drug.
(b) "Medication" does not include nonprescription sunscreen.
(2) "Opioid overdose" has the meaning given that term in ORS 689.800.
(3) "Short-acting opioid antagonist" has the meaning given that term in ORS 689.800. [1997 c.144 §1; 2013 c.486 §1; 2015 c.162 §2; 2015 c.676 §1; 2019 c.375 §1; 2023 c.593 §10]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.870 - Liability of school personnel administering medication or short-acting opioid antagonist.

(1)(a) A school administrator, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the administration of nonprescription medication, if the school administrator, teacher or other school employee in good faith administers nonprescription medication to a student pursuant to written permission and instructions of the student’s parents or guardian.
(b) A school administrator, teacher or other school employee may administer a short-acting opioid antagonist to a student who experienced or is experiencing an opioid overdose without written permission and instructions of the student’s parents or guardian.
(2)(a) A school administrator, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the administration of prescription medication, if the school administrator, teacher or other school employee in compliance with the instructions of a physician, physician assistant, nurse practitioner, naturopathic physician or clinical nurse specialist, in good faith administers prescription medication to a student pursuant to written permission and instructions of the student’s parents or guardian.
(b) A person may not maintain an action for injury, death or loss that results from acts or omissions of a school administrator, teacher or other school employee during the administration of a short-acting opioid antagonist as described in subsection (1)(b) of this section unless it is alleged and proved by the complaining party that the school administrator, teacher or other school employee was grossly negligent in administering the short-acting opioid antagonist.
(c) Unless it is alleged and proved by the complaining party that the school district or member of the school district board was grossly negligent in administering the short-acting opioid antagonist, a person may not maintain an action for damages for injury, death or loss that results from acts or omissions of a school district or members of the school district board during the administration of a short-acting opioid antagonist:
(A) As described in subsection (1)(b) of this section; or
(B) By any person who administers the short-acting opioid antagonist to a student or other individual who the person believes is experiencing an opioid overdose and the administration occurs on school premises, including at a school, on school property under the jurisdiction of the school district or at any activity under the jurisdiction of the school district.
(3) The civil and criminal immunities imposed by subsections (1) and (2)(a) of this section do not apply to an act or omission amounting to gross negligence or willful and wanton misconduct. [Formerly 336.650; 1997 c.144 §2; 2001 c.143 §1; 2005 c.462 §1; 2017 c.356 §29; 2023 c.593 §12]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.871 - Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication.

(1) A school administrator, school nurse, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of a student’s self-administration of medication, as described in ORS 339.866, if the school administrator, school nurse, teacher or other school employee, in compliance with the instructions of the student’s Oregon licensed health care professional, in good faith assists the student’s self-administration of the medication, if the medication is available to the student pursuant to written permission and instructions of the student’s parent, guardian or Oregon licensed health care professional.
(2) A school administrator, school nurse, teacher or other school employee designated by the school administrator is not liable in a criminal action or for civil damages as a result of the use of medication if the school administrator, school nurse, teacher or other school employee in good faith administers autoinjectable epinephrine to a student or other individual with a severe allergy who is unable to self-administer the medication, regardless of whether the student or individual has a prescription for epinephrine.
(3) A school district and the members of a school district board are not liable in a criminal action or for civil damages as a result of the use of medication if:
(a) Any person in good faith administers autoinjectable epinephrine to a student or other individual with a severe allergy who is unable to self-administer the medication, regardless of whether the student or individual has a prescription for epinephrine; and
(b) The person administered the autoinjectable epinephrine on school premises, including at a school, on school property under the jurisdiction of the district or at an activity under the jurisdiction of the school district.
(4) The civil and criminal immunities imposed by this section do not apply to an act or omission amounting to gross negligence or willful and wanton misconduct. [2007 c.830 §2; 2013 c.318 §2; 2013 c.486 §9; 2019 c.375 §3; 2023 c.593 §13]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.873 - Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions.

(1) A preschool through grade 12 public school administrator, teacher, counselor or nurse may not recommend to a parent or legal guardian of a student that the student seek a prescription for a medication that is prescribed with the intent of affecting or altering the thought processes, mood or behavior of the student.
(2) Preschool through grade 12 public school teachers and other school personnel may not require a child to obtain a prescription for a substance covered by the Controlled Substances Act, 21 U.S.C. 801 et seq., as a condition of attending school, receiving an evaluation to determine eligibility for early childhood special education or special education under ORS chapter 343 or receiving early childhood special education or special education services.
(3) Nothing in this section:
(a) Prohibits a preschool through grade 12 public school teacher or other school personnel from consulting or sharing classroom-based observations with a parent or legal guardian of a student concerning the student’s academic and functional performance, behavior at school or need for evaluation for special education or related services; or
(b) Relieves a school district of the duty to identify, locate and evaluate students with disabilities. [2003 c.485 §1; 2005 c.662 §13]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.874 - Use of sun-protective clothing and sunscreen.

(1) Each school district shall allow the following during school hours, at a school-sponsored activity or while under the supervision of school personnel:
(a) The outdoor use by students of sun-protective clothing, including hats.
(b) The application of and use by students of nonprescription sunscreen, including sunscreen that contains para-aminobenzoic acid, without any required documentation from a licensed health care professional.
(2) Nothing in subsection (1)(a) of this section prevents a school district from prohibiting certain clothing or hats based on the inappropriateness of the graphics, color or message of the clothing or hats.
(3) A school district may allow school personnel to assist students in applying nonprescription sunscreen but may not require school personnel to assist students in applying nonprescription sunscreen.
(4) School personnel may not be held liable in a criminal action or for civil damages for application of nonprescription sunscreen, including sunscreen that contains para-aminobenzoic acid, if the nonprescription sunscreen is available to and used by the student in accordance with this section. [2015 c.162 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.875 - Procurement, display and salute of flags.

(1) Each district school board and public charter school governing body shall:
(a) Procure a United States flag and an Oregon State flag of suitable sizes and shall cause the flags to be displayed upon or near each school building under the control of the board or used by the governing body:
(A) During school hours, except in unsuitable weather; and
(B) At any other time the board or the governing body deems proper.
(b) Procure United States flags of a suitable size for classrooms and cause a flag to be displayed in each classroom in each school building under the control of the board or used by the governing body.
(c) Provide students with the opportunity to salute the United States flag at least once each week of the school year by reciting: "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."
(2) Notwithstanding subsection (1)(a) of this section, a public charter school governing body is required to procure and display a flag upon or near a public charter school building only if:
(a) The public charter school is located in a public building; or
(b) The public charter school is located in a private building and proper equipment is readily available for the purpose of displaying the flag.
(3) Students who do not participate in the salute provided for by this section must maintain a respectful silence during the salute. [Formerly 332.100 and then 336.045 and then 336.630; 1999 c.137 §1; 2013 c.466 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.877 - Issuance of diploma for work completed at certain state institutions.

(1) Any person other than a student at the Oregon School for the Deaf upon successful completion of an educational program at elementary or secondary level at a state institution shall receive a diploma evidencing such completion issued by the common or union high school district in which the person last resided prior to commitment to the state institution.
(2) All educational records for the person shall be sent to the common or union high school district issuing the diploma. The school district may make a transcript of such records available upon request in the same manner and in the same form as it makes any other transcript available and shall not therein indicate that any of the educational program was completed in any state institution. [Formerly 339.860; 2009 c.562 §23]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.880 - Unauthorized soliciting of pupils prohibited.

No person shall solicit, receive or permit to be solicited or received from pupils enrolled in public schools, on any public school premises any subscription, donation of money or other thing of value for presentation of testimonials to school officials or for any purpose except such as are authorized by the district school board. [Formerly 336.430 and then 336.620]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.883 - Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities.

(1) As used in this section:
(a) "Facility" means a public or private school, college, community college, university, career school, technical education school, youth correction facility or juvenile detention facility.
(b) "Inhalant delivery system" has the meaning given that term in ORS 431A.175.
(c) "Tobacco products" has the meaning given that term in ORS 431A.175.
(2) A facility shall not permit a person under 21 years of age to possess tobacco products or inhalant delivery systems while the person is present on facility grounds or in facility buildings or attending facility-sponsored activities.
(3) A facility must have a written policy prohibiting the possession of tobacco products and inhalant delivery systems by persons under 21 years of age under the conditions described in subsection (2) of this section. The facility must have a written plan to implement the policy.
(4) This section does not apply to a person for whom a tobacco or nicotine product or a substance to be used with an inhalant delivery system has been lawfully prescribed. [Formerly 339.865; 2009 c.94 §9; 2015 c.158 §22; 2017 c.701 §14]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.885 - Secret societies in public schools prohibited; membership grounds for suspension or expulsion.

(1) No secret society of any kind, including a fraternity or sorority, shall be permitted in any public school.
(2) The district school board may order the suspension or expulsion of any pupil who belongs to a secret society.
(3) This section does not apply to any public university listed in ORS 352.002. [Formerly 336.440 and then 336.610; 2011 c.637 §119]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.890 - Radio frequency identification device policy for students; rules.

(1) The State Board of Education shall adopt by rule standards for a school district board to incorporate into any policy that requires a student to wear, carry or use an item with a radio frequency identification device for the purpose of locating or tracking the student or taking attendance.
(2) Rules adopted as provided by subsection (1) of this section must establish standards that:
(a) Protect student privacy and ensure security;
(b) Require notification to students and parents about the use of radio frequency identification devices; and
(c) Allow a student or a parent of a student to choose not to have the student wear, carry or use an item with a radio frequency identification device.
(3) Any policy adopted by a school district board that requires a student to wear, carry or use an item with a radio frequency identification device for the purpose of locating or tracking the student or taking attendance must incorporate the standards adopted by the State Board of Education. [2013 c.427 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.925

[1993 c.413 §4; 1995 c.116 §1; 1999 c.1051 §112; 2011 c.597 §132; renumbered 339.095 in 2013]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.990 - Penalties.

Violation of the requirements of ORS 339.035 is a Class C violation. [Amended by 1965 c.100 §299; 1967 c.67 §10; 1985 c.597 §3; 1993 c.413 §1; 1999 c.1051 §113; 2021 c.597 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.005 - Definitions for ORS 340.005 to 340.090.

For purposes of ORS 340.005 to 340.090:
(1) "Accelerated college credit program" has the meaning given that term by rules adopted by the State Board of Education.
(2) "At-risk student" means:
(a) A student who qualifies for a free or reduced lunch program; or
(b) An at-risk student as defined by rules adopted by the board if the board has adopted rules to define an at-risk student.
(3) "Duplicate course" means a course with a scope that is identical to the scope of another course.
(4)(a) "Eligible post-secondary course" means any nonsectarian course or program offered through an eligible post-secondary institution if the course or program may lead to high school completion, a certificate, professional certification, associate degree or baccalaureate degree.
(b) "Eligible post-secondary course" does not include a duplicate course offered at the student’s resident school.
(c) "Eligible post-secondary course" includes:
(A) Academic courses;
(B) Career and technical education courses; and
(C) Distance education courses.
(5) "Eligible post-secondary institution" means:
(a) A community college;
(b) A public university listed in ORS 352.002; and
(c) The Oregon Health and Science University.
(6)(a) "Eligible student" means a student who is enrolled in an Oregon public school and who:
(A) Is 16 years of age or older at the time of enrollment in a course under the Expanded Options Program;
(B)(i) Is in grade 11 or 12 at the time of enrollment in a course under the Expanded Options Program; or
(ii) Is not in grade 11 or 12, because the student has not completed the required number of credits, but who has been allowed by the school district to participate in the program;
(C) Has developed an educational learning plan as described in ORS 340.025; and
(D) Has not successfully completed the requirements for a high school diploma as established by ORS 329.451, the State Board of Education and the school district board.
(b) "Eligible student" does not include a foreign exchange student enrolled in a school under a cultural exchange program.
(7) "Expanded Options Program" means the program created under ORS 340.005 to 340.090.
(8) "Scope" means depth and breadth of course content as evidenced through a planned course statement including content outline, applicable state content standards where appropriate, course goals and student outcomes. [2005 c.674 §1; 2007 c.567 §1; 2009 c.94 §10; 2011 c.637 §120; 2017 c.726 §9; 2018 c.39 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.015 - Notification to students and parents or guardians; rules.

(1) Prior to February 15 of each year, each school district shall notify all high school students and the students’ parents or guardians of the Expanded Options Program for the following school year.
(2) Notwithstanding subsection (1) of this section, a school district, in the district’s enrollment materials, shall notify a student and the student’s parent or guardian of the Expanded Options Program if the student enrolls in a school of the district after the district has issued the notice described in subsection (1) of this section and the student is:
(a) Transferring to a high school in the district from another district; or
(b) Returning to high school after dropping out of school.
(3) Each school district shall establish a process to:
(a) Ensure that all at-risk students and their parents are notified about the Expanded Options Program.
(b) Identify students who have dropped out of school and provide those students with information about the Expanded Options Program. For the purpose of this paragraph, the school district shall send information about the program to the last-known address of the family of the student.
(4) A school district shall notify a high school student who has officially expressed an intent to participate in the Expanded Options Program pursuant to ORS 340.025 (1) or (2), and the student’s parent or guardian, of the student’s eligibility status within 20 business days after the student officially expressed the intent.
(5) The State Board of Education shall establish by rule the required components of the notice. The notice must include, but not be limited to, information about:
(a) Financial arrangements for tuition, textbooks, equipment and materials;
(b) Available transportation services;
(c) The effect of enrolling in the Expanded Options Program on the eligible student’s ability to complete the required high school graduation requirements;
(d) The consequences of failing or not completing an eligible post-secondary course;
(e) The requirement that participation in the Expanded Options Program is contingent on acceptance by an eligible post-secondary institution; and
(f) School district timelines affecting student eligibility and duplicate course determinations. [2005 c.674 §5; 2007 c.567 §2; 2023 c.495 §6]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.025 - Notification by student to school district; review of graduation requirements; educational learning plan.

(1) Prior to May 15 of each year, a student who is interested in participating in the Expanded Options Program shall notify the student’s resident school district of the student’s intent to enroll in eligible post-secondary courses during the following school year.
(2) Notwithstanding subsection (1) of this section, a high school transfer student or returning dropout described in ORS 340.015 (2) has 20 business days from the date of enrollment to indicate interest.
(3) The resident school district shall review with the student and the student’s parent or guardian the student’s current status toward meeting all state and school district graduation requirements and the applicability of the proposed eligible post-secondary course with respect to fulfilling the student’s remaining graduation requirements.
(4)(a) An eligible student who intends to participate in the Expanded Options Program shall develop an educational learning plan in cooperation with an advisory support team.
(b) The educational learning plan may include:
(A) The student’s short-term and long-term learning goals and proposed activities; and
(B) The relationship of the eligible post-secondary courses proposed under the Expanded Options Program and the student’s learning goals.
(c) An advisory support team may include the student, the student’s parent or guardian and a teacher or a counselor. [2005 c.674 §7; 2007 c.567 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.030 - Application; acceptance; appeal; duplicate courses; academic progress.

(1) An eligible student may apply to an eligible post-secondary institution to enroll in eligible post-secondary courses offered by the eligible post-secondary institution.
(2) If an eligible post-secondary institution accepts an eligible student for enrollment under this section pursuant to ORS 341.481 or other admissions standards, the eligible post-secondary institution shall send written notice to the student, the student’s resident school district and the Department of Education within 20 business days of acceptance. The notice shall indicate the eligible post-secondary courses and hours of enrollment offered to the student.
(3) If an eligible post-secondary institution accepts an eligible student for enrollment under this section, the eligible post-secondary institution shall provide academic advising to the student as appropriate.
(4) An eligible post-secondary institution may designate individual programs in which eligible students may enroll under this section.
(5)(a) Each school district shall establish a process to determine duplicate course designations.
(b) A school district shall notify an eligible student and the student’s parent or guardian of any course the student wishes to take that the district determines is a duplicate course, within 20 business days after the student has submitted a list of intended courses.
(c)(A) A student may appeal a duplicate course determination to the school district board based on evidence of the scope of the course.
(B) The school district board or the board’s designee shall issue a decision on the appeal within 30 business days of receipt of the appeal.
(C) If the appeal is denied by the school district board, the student may appeal the determination of the school district to the Superintendent of Public Instruction or the superintendent’s designee.
(d) The Department of Education shall create a process for students to appeal the decision of a school district under paragraph (c) of this subsection.
(e) The superintendent or the superintendent’s designee shall issue a decision on the appeal within 30 days of receipt of the appeal. If the superintendent or the superintendent’s designee fails to issue a decision within 30 days of receipt of the appeal, the course shall be deemed to not be a duplicate course and the student may enroll in the course under the Expanded Options Program if the course and the student meet all other eligibility requirements for the program.
(6) Once participating in the Expanded Options Program, an eligible student must maintain satisfactory academic progress as defined by the eligible post-secondary institution.
(7) An eligible post-secondary institution may not be required to accept a student for enrollment under this section. [2005 c.674 §3; 2007 c.567 §4]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.050 - Payment of costs for post-secondary courses; transportation.

(1) An eligible student enrolled in an eligible post-secondary course pursuant to ORS 340.005 to 340.090 is not eligible for any state student financial aid under ORS 348.105 to 348.280 and 348.500 to 348.621.
(2)(a) An eligible student may apply to the resident school district of the student for reimbursement for any textbooks, fees, equipment or materials purchased by the student that are required for an eligible post-secondary course.
(b) All textbooks, fees, equipment and materials provided to an eligible student and paid for under ORS 340.045 are the property of the resident school district of the student.
(3) An eligible post-secondary institution that receives payment for an eligible student under ORS 340.045 may not charge that student for tuition, fees and other required instructional costs associated with the enrollment of the student in an eligible post-secondary course.
(4) A resident school district may provide transportation services to eligible students who attend eligible post-secondary institutions within any education service district boundaries of which the school district is a component school district. Any transportation costs incurred by a school district under this subsection shall be considered approved transportation costs for purposes of ORS 327.013 (3). [2005 c.674 §11; 2023 c.495 §8]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.070 - Special education and related services; contract.

(1) The resident school district of an eligible student participating in the Expanded Options Program shall be responsible for providing any required special education and related services to the student. A student who requires special education and related services shall be considered, for school purposes, a resident in the school district in which the student’s parents or guardians or persons in parental relationship to the student reside, pursuant to ORS 339.133 and 339.134.
(2) If an eligible post-secondary institution intends to provide special education and related services to an eligible student participating in the Expanded Options Program, the institution shall enter into a written contract with the resident school district of the student. The contract shall include at least the following:
(a) Allowance for the student to remain in the program during the pendency of any special education due process hearing unless the parents or guardians and school district agree otherwise;
(b) Immediate notification to the resident school district if the institution suspects that a student participating in the program may have a disability and requires special education or related services;
(c) Immediate notification to the resident school district if the student who is receiving special education and related services has engaged in conduct that may lead to suspension or expulsion; and
(d) Immediate notification to the resident school district of any complaint made by the parents or guardians of the student regarding the student’s participation in the program at the institution.
(3)(a) If an eligible post-secondary institution provides special education and related services under a contract with a resident school district, the institution shall comply with standards established by the State Board of Education under this section.
(b) The State Board of Education shall establish standards to be applied to post-secondary institutions that provide special education and related services under a contract with a resident school district. The standards shall include at least the following minimum requirements:
(A) The implementation of special education and related services must be done as described in the eligible student’s individualized education program as defined in ORS 343.035; and
(B) The institution shall maintain the confidentiality of education records in compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g). [2005 c.674 §15]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 340 - College Credit Earned in High School › Section 340.073 - Public charter school participation; costs.

(1) A public charter school may elect to participate in the Expanded Options Program by amending its charter under ORS 338.065.
(2) Actual instructional costs associated with participating eligible students shall be negotiated and paid directly to the eligible post-secondary institution by the public charter school.
(3) The participating public charter school may not require funding from the sponsor of the school for payment of Expanded Options Program costs that is in addition to funding that already has been contractually established pursuant to ORS 338.155 (2)(b) or (3)(b) or 338.165 (2)(b). [2007 c.567 §9; 2011 c.443 §6]