reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 338 - Public Charter Schools › Section 338.165 - Special education students; payment for services.

(1)(a) The school district in which a public charter school is located shall identify, locate and evaluate students enrolled in the public charter school to determine which students may be in need of special education and related services.
(b) The school district in which a public charter school is located:
(A) Shall receive funding from the State School Fund as provided by this section for students who are eligible for special education and related services and who are enrolled in the public charter school; and
(B) Is eligible to receive high cost disabilities grants as provided by ORS 327.348 for students who are enrolled in the public charter school.
(c) Students who are eligible for special education and related services shall be considered students of the school district in which the public charter school is located for purposes of data collection and reporting.
(2) If a student is enrolled in a public charter school and is eligible for special education and related services, an additional amount shall be added to the ADM of the public charter school as described in ORS 327.013 (1)(c)(A)(i). The payment per ADMw in the public charter school that is attributable to the student who is eligible for special education and related services shall equal an amount that is at least equal to:
(a) 40 percent of the amount of the General Purpose Grant per ADMw for the school district in which the public charter school is located, as calculated under ORS 327.013, for students who are enrolled in kindergarten through grade eight; and
(b) 47.5 percent of the amount of the General Purpose Grant per ADMw for the school district in which the public charter school is located, as calculated under ORS 327.013, for students who are enrolled in grades 9 through 12.
(3) If the State Board of Education is the sponsor of a public charter school, the school district in which the public charter school is located, for each ADMw that is attributable to a student enrolled in a public charter school who is eligible for special education and related services, shall transfer five percent of the amount of the school district’s General Purpose Grant per ADMw as calculated under ORS 327.013 to the State Board of Education.
(4) Notwithstanding subsection (2) of this section, a school district and a public charter school may negotiate on a case-by-case basis for an alternative distribution of funds other than the distribution prescribed by subsection (2) of this section.
(5) Payments under this section must be made within 10 days after a school district receives payment from the State School Fund pursuant to ORS 327.095. [1999 c.200 §21; 2009 c.698 §19; 2011 c.443 §3]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.005 - Definition for ORS 339.040 and 339.125.

As used in ORS 339.040 and 339.125, unless the context requires otherwise, "administrative office for the county" means the administrative office of the education service district or of a common school district that includes an entire county. [1965 c.100 §273; 1973 c.728 §3; 1987 c.158 §56; 1991 c.167 §23; 2003 c.226 §17]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.010 - School attendance required.

(1) Except as provided in ORS 339.030, all children between the ages of 6 and 18 years who have not completed the 12th grade are required to regularly attend a public full-time school during the entire school term.
(2) All children five years of age who have been enrolled in a public school are required to attend regularly the public school while enrolled in the public school.
(3) For the purpose of subsection (1) of this section, a child is considered to be six years of age if the sixth birthday of the child occurred on or before September 1 immediately preceding the beginning of the current school term.
(4) For a child who is six years of age, the requirement of subsection (1) of this section is met if the child regularly attends any grade of a public full-time school during the entire school term. [Amended by 1965 c.100 §274; 2012 c.91 §13; 2015 c.234 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.020 - Duty to send children to school.

(1) Except as provided in ORS 339.030, every person having control of a child between the ages of 6 and 18 years who has not completed the 12th grade is required to send the child to, and maintain the child in, regular attendance at a public full-time school during the entire school term.
(2) If a person has control of a child five years of age and has enrolled the child in a public school, the person is required to send the child to, and maintain the child in, regular attendance at the public school while the child is enrolled in the public school.
(3) For the purpose of subsection (1) of this section, a child is considered to be six years of age if the sixth birthday of the child occurred on or before September 1 immediately preceding the beginning of the current school term.
(4) For a child who is six years of age, the requirement of subsection (1) of this section is met if the person having control of the child sends the child to, and maintains the child in, regular attendance in any grade of a public full-time school during the entire school term. [Amended by 1965 c.100 §275; 1969 c.160 §1; 2012 c.91 §14; 2015 c.234 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.030 - Exemptions from compulsory school attendance; rules.

(1) In the following cases, children may not be required to attend public full-time schools:
(a) Children being taught in a private or parochial school in the courses of study usually taught in kindergarten through grade 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the 1994-1995 school year.
(b) Children proving to the satisfaction of the district school board that they have acquired equivalent knowledge to that acquired in the courses of study taught in kindergarten through grade 12 in the public schools.
(c) Children who have received a high school diploma or a modified diploma.
(d) Children being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in kindergarten through grade 12 in the public school.
(e) Children being educated in the children’s home by a parent or legal guardian.
(f) Children whose sixth birthday occurred on or before September 1 immediately preceding the beginning of the current school year if the parent or legal guardian of the child notified in writing the school district of which the child is a resident that the parent or legal guardian will delay enrolling the child in a public full-time school for only one school year for the purpose of better meeting the child’s needs for cognitive, social or physical development, as determined by the parent or legal guardian.
(g) Children who are present in the United States on a nonimmigrant visa and who are attending a private, accredited English language learner program in preparation for attending a private high school or college.
(h) Children excluded from attendance as provided by law.
(2) The State Board of Education and the Higher Education Coordinating Commission by rule shall establish procedures whereby, on a semiannual basis, an exemption from compulsory attendance may be granted to the parent or legal guardian of any child 16 or 17 years of age who is lawfully employed full-time or who is lawfully employed part-time and enrolled in school, a community college or an alternative education program as defined in ORS 336.615. An exemption also may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558. [Amended by 1965 c.100 §276; 1967 c.67 §8; 1971 c.494 §1; 1973 c.728 §1; 1985 c.579 §1; 1989 c.619 §1; 1993 c.546 §138; 1995 c.769 §2; 1999 c.59 §85; 1999 c.717 §1; 2001 c.490 §8; 2007 c.407 §3; 2013 c.747 §190; 2015 c.234 §3; 2017 c.379 §1; 2017 c.412 §1; 2017 c.726 §7]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.040 - Attendance supervisors.

(1) The executive officer of the administrative office for the county shall appoint one person to act as the attendance supervisor for school districts having a school census of less than 1,000 children in the county. The attendance supervisor shall perform duties under the direction of the administrative office for the county. The attendance supervisor shall receive as compensation for services a sum fixed by the governing body of the county and allowed and paid in the same manner as the salaries of county officers are paid.
(2) District school boards of districts having a school census of 1,000 or more children, according to the latest school census, shall appoint attendance supervisors and fix and pay their compensation.
(3) The administrative office for the county, upon written application from the district school board in any school district having a school census of more than 200 and less than 1,000 children, according to the latest school census, shall grant such district permission to appoint attendance supervisors and fix their compensation and pay.
(4) For purposes of the appointment and duties of attendance supervisors, the territory in a joint school district shall be considered part of the county in which the administrative office of the joint district is located. [Amended by 1965 c.100 §277]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.055 - Duties of attendance supervisors.

The attendance supervisor when notified of a truancy or unexcused absence shall investigate the truancy or nonattendance at school. If the child is not exempt from compulsory school attendance, the attendance supervisor shall proceed as provided in ORS 339.080 and 339.090. [Formerly 339.100]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.065 - Estimates of attendance; irregular attendance; excused absences.

(1) In estimating regular attendance for purposes of the compulsory attendance provisions of ORS 339.005 to 339.030, 339.040 to 339.125, 339.137 and 339.420, the principal or teacher shall consider all unexcused absences. Eight unexcused one-half day absences in any four-week period during which the school is in session shall be considered irregular attendance.
(2)(a) An absence may be excused by a principal or teacher if the absence is caused by:
(A) The pupil’s sickness, including the mental or behavioral health of the pupil;
(B) The sickness of some member of the pupil’s family; or
(C) An emergency.
(b) In addition to the reasons identified in paragraph (a) of this subsection, a principal or teacher:
(A) Shall excuse not more than seven days of absences during the school year if the pupil is a dependent of a member of the Armed Forces of the United States who is on active duty or who is called into active duty. For the purpose of this subparagraph, "Armed Forces of the United States" includes:
(i) The Army, Navy, Air Force, Marine Corps and Coast Guard of the United States;
(ii) Reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States; and
(iii) The National Guard of the United States and the Oregon National Guard.
(B) May excuse absences for other reasons when satisfactory arrangements are made in advance of the absence.
(3)(a) Any pupil may be excused from attendance by the district school board for a period not to exceed five days in a term of three months or not to exceed 10 days in any term of at least six months. Any such excuse shall be in writing directed to the principal of the school that the pupil attends.
(b) When calculating the number of excused absences under this subsection, any absences excused under subsection (2)(b)(A) of this section shall not be counted. [1965 c.100 §281; 1973 c.728 §4; 1987 c.158 §57; 1993 c.45 §114; 2019 c.207 §1; 2019 c.393 §1; 2021 c.597 §69]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.071 - Attendance notification policy.

(1) Each district school board shall adopt an attendance notification policy that satisfies the requirements of this section.
(2) An attendance notification policy must:
(a) Be implemented by each school in the school district; and
(b) Require that each school ensure that a parent or other person in parental relationship to a child is notified by the end of the school day on any day that the child has an unplanned absence.
(3)(a) Notification required by subsection (2)(b) of this section must be provided:
(A) In person;
(B) Directly by telephone; or
(C) By any other method identified in writing by the parent or person in parental relationship to the child.
(b) If a parent or other person in parental relationship to a child cannot be contacted in person or directly by telephone and another method has not been identified by the parent or person, a message shall be left for the parent or person, if possible.
(4) Notice of the child’s absence shall be provided to the attendance supervisor, who shall proceed as provided in ORS 339.055, if:
(a) Notification is not provided in person or directly by telephone; and
(b) The parent or other person in parental relationship to the child has not confirmed within the timeline established by the attendance notification policy that the parent or person has received notification. [2011 c.387 §1]
Note:
339.071 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.080 - Nonattendance notice to parents, school officials and parole or probation officer.

(1) Except as provided in ORS 339.030, in case any parent or other person in parental relation fails to send any child under the control of the parent or other person to the public school, the attendance supervisor, within 24 hours after notification from the proper authority of the failure, shall give formal written notice in person or by registered or certified mail to the parent or other person.
(2) The notice required by subsection (1) of this section must inform the parent or other person in parental relation that:
(a) The child must appear at the public school on the next school day following the receipt of the notice.
(b) Regular attendance at school must be maintained during the remainder of the school year.
(c) The parent or other person in parental relation has the right to request:
(A) For a child who does not have an individualized education program, an evaluation to determine if the child should have an individualized education program; or
(B) For a child who has an individualized education program, a review of the individualized education program.
(3) At the same time notice is given to the parent or other person, the attendance supervisor shall notify the superintendent or principal, as suitable, of the fact of the notice. The superintendent or principal shall notify the attendance supervisor of any failure on the part of the parent or other person to comply with the notice.
(4) If the child who is the subject of a notice under subsection (1) of this section is an adjudicated youth on parole or probation, at the same time notice is given to the parent or other person, the attendance supervisor shall notify the child’s parole or probation officer of the child’s absence. [Amended by 1965 c.100 §282; 1993 c.45 §115; 1999 c.963 §4; 2015 c.322 §1; 2021 c.489 §25]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.090 - Determination of compliance; notice to district superintendent.

The attendance supervisor shall determine whether the parent or other person given written notice of attendance requirements has complied with the notice. If the attendance supervisor determines that the parent or other person has failed to comply, the attendance supervisor, within three days after having knowledge of such failure or after being notified thereof, shall notify the district superintendent. [Amended by 1965 c.100 §283; 1993 c.413 §2]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.095 - Required procedures related to violations of certain school attendance requirements; rules.

(1) In addition to any other persons permitted to enforce violations, the school district superintendent or education service district superintendent, or any employee specifically designated by either superintendent, may issue citations for violations established under ORS 339.990 in the manner provided by ORS chapter 153.
(2) Prior to issuing the citation described in subsection (3) of this section to the parent or guardian of a student not regularly attending full-time school, a school district superintendent or education service district superintendent shall:
(a) Provide a parent or guardian of the student and the student with written notification that:
(A) States that the student is required to attend regularly a full-time school;
(B) States that the superintendent may issue a citation;
(C) Requires the parent or guardian of the student and the student to attend a conference with a designated official;
(D) States that the parent or guardian has the right to request:
(i) For a student who does not have an individualized education program, an evaluation to determine if the student should have an individualized education program; or
(ii) For a student who has an individualized education program, a review of the individualized education program; and
(E) Is written in the native language of the parent or guardian of the student.
(b) Schedule the conference described in paragraph (a)(C) of this subsection. A conference may not be scheduled until after any evaluations or reviews described in paragraph (a)(D) of this subsection have been completed.
(3) Notwithstanding ORS 1.525 or any provision of ORS chapter 153, the State Board of Education by rule shall establish the citation form to be used by superintendents in citing violations established under ORS 339.990. Notwithstanding ORS 153.045, each of the parts of the citation shall contain the information required by the state board. [Formerly 339.925; 2015 c.322 §2; 2021 c.597 §3]
Note:
339.095 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.119 - Prohibition of payment as incentive to receive educational services; exceptions.

(1) As used in this section, "provider of educational services" means a public charter school, a district school board or a public or private provider of educational services that provides educational services under a contract or the authority of a public charter school or district school board.
(2) A provider of educational services may not offer payment of money or other consideration to a student, to a parent or legal guardian of a student or to another entity for the benefit of a student, parent or legal guardian:
(a) In return for the student electing to receive or receiving educational services from a specific provider of educational services; or
(b) Following the student’s completion of an educational program, if the provider of educational services used the promise of payment as an incentive for the student to enroll in the program.
(3) The restrictions of subsection (2) of this section do not apply to:
(a) Money or other consideration that is provided as required or allowed by law;
(b) Money or other consideration that is provided for the purpose of enabling the student to access the Internet;
(c) Goods and services that are provided for use by a student and that are directly related to the educational program of the provider of educational services; or
(d) Goods and services that are available to all students receiving educational services from the provider of educational services. [2010 c.53 §1]
Note:
339.119 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.122 - Disclosures in promotional materials.

(1) As used in this section, "virtual public school" means a public school that:
(a) Provides online courses; and
(b) Does not primarily serve students in a physical location.
(2) In any advertising or other promotional materials of a virtual public school, including a virtual public charter school as defined in ORS 338.005, the school must clearly state that the school is a publicly funded school. [2010 c.72 §6]
Note:
339.122 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.125 - Contract for admission of nonresident pupils; costs.

(1) The district school board may contract with the district school board of any other district for the admission of pupils in schools of the other district. The contract shall be in writing upon forms furnished by the Department of Education. Expense incurred shall be paid out of the school funds of the district sending such pupils. If the district sending the pupils fails to pay the expense so incurred according to the terms of the contract, the administrative office for the county containing such school district, after satisfactory proof of such failure, shall deduct the amount of the unpaid expense from the amount due the school district at the next regular apportionment. The county treasurer shall pay the amount of the reduced apportionment out of the county school fund.
(2) In case the school district sending the pupils is a joint district, jurisdiction shall be exercised by the administrative office for the county in which the most populous part of such district is situated, according to the latest school census. The office’s action in the matter is final. [1965 c.100 §286; 1993 c.45 §116]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 child’s 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. [1996 c.19 §1; 1999 c.989 §2; 2007 c.846 §16; 2013 c.735 §§15,16; 2021 c.355 §9]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.134 - Residency of child voluntarily placed outside child’s 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 child’s 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 child’s 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’s parent or guardian resides if:
(a) The child’s preferences in school attendance are taken into consideration;
(b) The child’s 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 child’s 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 child’s siblings attend the school;
(B) A change in the child’s 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 child’s 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 child’s 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. [1995 c.567 §2; 2011 c.718 §13; 2017 c.726 §23; 2019 c.561 §4]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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. [1993 c.45 §119; 1999 c.989 §34; 2001 c.900 §241; 2007 c.70 §96; 2014 c.81 §11; 2015 c.671 §5]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 339.020 prior to 10 days after the date of military transfer indicated in the official military order; or
(b) Entitles a school district to State School Fund distributions for a military child until the military child is first considered present at the school.
(5) The State Board of Education shall adopt any rules necessary for the administration of this section. [2019 c.347 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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. [Formerly 336.165; 1999 c.200 §31; 1999 c.328 §12; 2011 c.704 §5]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 court’s, authority’s or department’s 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). [Formerly 336.168; 1997 c.249 §99; 1999 c.200 §32; 1999 c.328 §13]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 pupil’s 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 district’s or public charter school’s 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. [1975 c.508 §1; 1977 c.99 §1; 1977 c.815 §3; 1999 c.200 §33; 2003 c.14 §149]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 339.175

[1971 c.402 §2; 1979 c.836 §7; 1985 c.264 §1; 1989 c.620 §2; 1991 c.780 §35; renumbered 336.575 in 1993]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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. [1971 c.561 §§2,3; 1993 c.45 §123; 1999 c.726 §1; 2007 c.70 §97]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 child’s 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 child’s 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. [1999 c.989 §4; 2005 c.662 §12; 2007 c.70 §98; 2013 c.267 §11]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 student’s 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 student’s 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 student’s behavior; or
(c) Complying with any order from a court or law enforcement agency. [2019 c.334 §1]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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. [1971 c.561 §5; 1975 c.712 §2; 1977 c.419 §2; 1993 c.45 §124; 2003 c.690 §2; 2011 c.313 §15]
2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 339 - School Attendance; Admission; Discipline; Safety › Section 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 student’s attendance in determining the student’s grade or deciding whether the student should be granted or denied credit. A student’s attendance shall not be the sole criterion for the reduction of a student’s grade. Such policies shall provide that prior to reduction of grade or denial of credit:
(1) The teacher identifies how the student’s 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 student’s 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]