Bill Text: OR HB2192 | 2013 | Regular Session | Enrolled
Bill Title: Relating to disciplinary policies of schools; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-06-04 - Chapter 267, (2013 Laws): Effective date June 4, 2013. [HB2192 Detail]
Download: Oregon-2013-HB2192-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2192
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Education
for Youth Rights and Justice)
CHAPTER ................
AN ACT
Relating to disciplinary policies of schools; creating new
provisions; amending ORS 161.205, 336.665, 338.115, 339.115,
339.250 and 339.252 and section 12, chapter 665, Oregon Laws
2011, and section 1, chapter 30, Oregon Laws 2013 (Enrolled
House Bill 2756); repealing section 7, chapter 665, Oregon Laws
2011; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 7, chapter 665, Oregon Laws 2011, is
repealed. + }
SECTION 1a. Section 1, chapter 30, Oregon Laws 2013 (Enrolled
House Bill 2756), as amended by section 2, chapter 30, Oregon
Laws 2013 (Enrolled House Bill 2756), is amended to read:
{ + Sec. 1. + } (1) As used in this section:
(a) 'Public education program' means a program that:
(A) Is for students in early childhood education, elementary
school or secondary school;
(B) Is under the jurisdiction of a school district, an
education service district or another educational institution or
program; and
(C) Receives, or serves students who receive, support in any
form from any program supported, directly or indirectly, with
funds appropriated to the Department of Education.
(b) 'Seclusion cell' means a freestanding, self-contained unit
that is used to:
(A) Isolate a student from other students; or
(B) Physically prevent a student from leaving the unit or cause
the student to believe that the student is physically prevented
from leaving the unit.
(2) A public education program may not:
(a) Purchase, build or otherwise take possession of a seclusion
cell; or
(b) Use a seclusion cell.
{ + (3) Nothing in this section prevents a public education
program from using seclusion as allowed under sections 1 to 6,
chapter 665, Oregon Laws 2011. + }
SECTION 1b. { + Notwithstanding section 3, chapter 30, Oregon
Laws 2013 (Enrolled House Bill 2756) (amending section 7, chapter
665, Oregon Laws 2011), section 7, chapter 665, Oregon Laws 2011,
is repealed by section 1 of this 2013 Act. + }
Enrolled House Bill 2192 (HB 2192-B) Page 1
SECTION 2. Section 12, chapter 665, Oregon Laws 2011, is
amended to read:
{ + Sec. 12. + } (1) Sections 1 to 5 { - of this 2011
Act - } { + , chapter 665, Oregon Laws 2011, + } and the
amendments to ORS 161.205 and 339.250 by sections 8 and 10
{ - of this 2011 Act - } { + , chapter 665, Oregon Laws
2011, + } become operative on July 1, 2012.
(2) The amendments to ORS 161.205 and 339.250 by sections 9 and
11 { - of this 2011 Act - } { + , chapter 665, Oregon Laws
2011, and sections 3 and 4 of this 2013 Act + } become operative
on { - June 30, 2017 - } { + July 1, 2013 + }.
SECTION 3. ORS 339.250, as amended by section 9, chapter 665,
Oregon Laws 2011, is amended to read:
339.250. (1) Public school students shall comply with rules for
the government of such schools, pursue the prescribed course of
study, use the prescribed textbooks and submit to the teachers'
authority.
(2) Pursuant to the written policies of a district school
board, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force
upon a student when and to the extent the { - individual
reasonably believes it necessary to maintain order in the school
or classroom or at a school activity or event, whether or not it
is held on school property - } { + application of force is
consistent with section 3, chapter 665, Oregon Laws 2011 + }. The
district school board shall adopt written policies to implement
this subsection and shall inform such individuals of the
existence and content of these policies.
(3) The district school board may authorize the discipline,
suspension or expulsion of any refractory student and may suspend
or expel any student who assaults or menaces a school employee or
another student. The age of a student and the past pattern of
behavior of a student shall be considered prior to a suspension
or expulsion of a student. As used in this subsection 'menace '
means by word or conduct the student intentionally attempts to
place a school employee or another student in fear of imminent
serious physical injury.
(4)(a) Willful disobedience, willful damage or injury to school
property, use of threats, intimidation, harassment or coercion
against any fellow student or school employee, open defiance of a
teacher's authority or use or display of profane or obscene
language is sufficient cause for discipline, suspension or
expulsion from school.
(b) District school boards shall develop policies on managing
students who threaten violence or harm in public schools. The
policies adopted by a school district shall include staff
reporting methods and shall require an administrator to consider:
(A) Immediately removing from the classroom setting any student
who has threatened to injure another person or to severely damage
school property.
(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the
office of the school principal, vice principal, assistant
principal or counselor or a school psychologist licensed by the
Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
(C) Requiring the student to be evaluated by a licensed mental
health professional before allowing the student to return to the
classroom setting.
Enrolled House Bill 2192 (HB 2192-B) Page 2
(c) The administrator shall notify the parent or legal guardian
of the student's behavior and the school's response.
(d) District school boards may enter into contracts with
licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection.
(e) District school boards shall allocate any funds necessary
for school districts to implement the policies adopted under
paragraph (b) of this subsection.
(5) Expulsion of a student shall not extend beyond one calendar
year and suspension shall not extend beyond 10 school days.
(6)(a) Notwithstanding subsection (5) of this section, a school
district shall have a policy that requires the expulsion from
school for a period of not less than one year of any student who
is determined to have:
(A) Brought a weapon to a school, to school property under the
jurisdiction of the district or to an activity under the
jurisdiction of the school district;
(B) Possessed, concealed or used a weapon in a school or on
school property or at an activity under the jurisdiction of the
district; or
(C) Brought to or possessed, concealed or used a weapon at an
interscholastic activity administered by a voluntary
organization.
(b) The policy shall allow an exception for courses, programs
and activities approved by the school district that are conducted
on school property, including but not limited to hunter safety
courses, Reserve Officer Training Corps programs, weapons-related
sports or weapons-related vocational courses. In addition, the
State Board of Education may adopt by rule additional exceptions
to be included in school district policies.
(c) The policy shall allow a superintendent to modify the
expulsion requirement for a student on a case-by-case basis.
(d) The policy shall require a referral to the appropriate law
enforcement agency of any student who is expelled under this
subsection.
(e) For purposes of this subsection, 'weapon' includes a:
(A) 'Firearm' as defined in 18 U.S.C. 921;
(B) 'Dangerous weapon' as defined in ORS 161.015; or
(C) 'Deadly weapon' as defined in ORS 161.015.
(7) The Department of Education shall collect data on any
expulsions required pursuant to subsection (6) of this section
including:
(a) The name of each school;
(b) The number of students expelled from each school; and
(c) The types of weapons involved.
(8) Notwithstanding ORS 336.010, a school district may require
a student to attend school during nonschool hours as an
alternative to suspension.
(9) Unless a student is under expulsion for an offense that
constitutes a violation of a school district policy adopted
pursuant to subsection (6) of this section, a school district
board shall consider and propose to the student prior to
expulsion or leaving school, and document to the parent, legal
guardian or person in parental relationship, alternative programs
of instruction or instruction combined with counseling for the
student that are appropriate and accessible to the student in the
following circumstances:
(a) When a student is expelled pursuant to subsection (4) of
this section;
Enrolled House Bill 2192 (HB 2192-B) Page 3
(b) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with a
student;
(c) When it has been determined that a student's attendance
pattern is so erratic that the student is not benefiting from the
educational program; or
(d) When a parent or legal guardian applies for a student's
exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2).
(10) A school district board may consider and propose to a
student who is under expulsion or to a student prior to expulsion
for an offense that constitutes a violation of a school district
policy adopted pursuant to subsection (6) of this section, and
document to the parent, legal guardian or person in parental
relationship, alternative programs of instruction or instruction
combined with counseling for the student that are appropriate and
accessible to the student.
(11) Information on alternative programs provided under
subsections (9) and (10) of this section shall be in writing. The
information need not be given to the student and the parent,
guardian or person in parental relationship more often than once
every six months unless the information has changed because of
the availability of new programs.
(12)(a) The authority to discipline a student does not
authorize the infliction of corporal punishment. Every
resolution, bylaw, rule, ordinance or other act of a district
school board, a public charter school or the Department of
Education that permits or authorizes the infliction of corporal
punishment upon a student is void and unenforceable.
(b) As used in this subsection, 'corporal punishment' means the
willful infliction of, or willfully causing the infliction of,
physical pain on a student.
(c) As used in this subsection, 'corporal punishment' does not
mean:
(A) The use of physical force authorized by ORS 161.205 for the
reasons specified therein; or
(B) Physical pain or discomfort resulting from or caused by
participation in athletic competition or other such recreational
activity, voluntarily engaged in by a student.
SECTION 4. ORS 161.205, as amended by section 11, chapter 665,
Oregon Laws 2011, is amended to read:
161.205. The use of physical force upon another person that
would otherwise constitute an offense is justifiable and not
criminal under any of the following circumstances:
(1) { + (a) + } A parent, guardian or other person entrusted
with the care and supervision of a minor or an incompetent person
may use reasonable physical force upon such minor or incompetent
person when and to the extent the person reasonably believes it
necessary to maintain discipline or to promote the welfare of the
minor or incompetent person.
{ + (b) + } { - A teacher - } { + Personnel of a public
education program, as that term is defined in section 1, chapter
665, Oregon Laws 2011, + } may use reasonable physical force upon
a student when and to the extent the { - teacher reasonably
believes it necessary to maintain order in the school or
classroom or at a school activity or event, whether or not it is
held on school property - } { + application of force is
consistent with section 3, chapter 665, Oregon Laws 2011 + }.
(2) An authorized official of a jail, prison or correctional
facility may use physical force when and to the extent that the
Enrolled House Bill 2192 (HB 2192-B) Page 4
official reasonably believes it necessary to maintain order and
discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a
common carrier of passengers, or a person acting under the
direction of the person, may use physical force when and to the
extent that the person reasonably believes it necessary to
maintain order, but the person may use deadly physical force only
when the person reasonably believes it necessary to prevent death
or serious physical injury.
(4) A person acting under a reasonable belief that another
person is about to commit suicide or to inflict serious physical
self-injury may use physical force upon that person to the extent
that the person reasonably believes it necessary to thwart the
result.
(5) A person may use physical force upon another person in
self-defense or in defending a third person, in defending
property, in making an arrest or in preventing an escape, as
hereafter prescribed in chapter 743, Oregon Laws 1971.
SECTION 5. ORS 339.250, as amended by section 9, chapter 665,
Oregon Laws 2011, and section 3 of this 2013 Act, is amended to
read:
339.250. (1) Public school students shall comply with rules for
the government of such schools, pursue the prescribed course of
study, use the prescribed textbooks and submit to the teachers'
authority.
{ - (2) Pursuant to the written policies of a district school
board, an individual who is a teacher, administrator, school
employee or school volunteer may use reasonable physical force
upon a student when and to the extent the application of force is
consistent with section 3, chapter 665, Oregon Laws 2011. The
district school board shall adopt written policies to implement
this subsection and shall inform such individuals of the
existence and content of these policies. - }
{ - (3) The district school board may authorize the
discipline, suspension or expulsion of any refractory student and
may suspend or expel any student who assaults or menaces a school
employee or another student. The age of a student and the past
pattern of behavior of a student shall be considered prior to a
suspension or expulsion of a student. As used in this subsection
'menace ' means by word or conduct the student intentionally
attempts to place a school employee or another student in fear of
imminent serious physical injury. - }
{ - (4)(a) Willful disobedience, willful damage or injury to
school property, use of threats, intimidation, harassment or
coercion against any fellow student or school employee, open
defiance of a teacher's authority or use or display of profane or
obscene language is sufficient cause for discipline, suspension
or expulsion from school. - }
{ - (b) District school boards shall develop policies on
managing students who threaten violence or harm in public
schools. The policies adopted by a school district shall include
staff reporting methods and shall require an administrator to
consider: - }
{ - (A) Immediately removing from the classroom setting any
student who has threatened to injure another person or to
severely damage school property. - }
{ - (B) Placing the student in a setting where the behavior
will receive immediate attention, including, but not limited to,
the office of the school principal, vice principal, assistant
principal or counselor or a school psychologist licensed by the
Enrolled House Bill 2192 (HB 2192-B) Page 5
Teacher Standards and Practices Commission or the office of any
licensed mental health professional. - }
{ - (C) Requiring the student to be evaluated by a licensed
mental health professional before allowing the student to return
to the classroom setting. - }
{ - (c) The administrator shall notify the parent or legal
guardian of the student's behavior and the school's response. - }
{ - (d) District school boards may enter into contracts with
licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection. - }
{ - (e) District school boards shall allocate any funds
necessary for school districts to implement the policies adopted
under paragraph (b) of this subsection. - }
{ - (5) Expulsion of a student shall not extend beyond one
calendar year and suspension shall not extend beyond 10 school
days. - }
{ - (6)(a) Notwithstanding subsection (5) of this section, a
school district shall have a policy that requires the expulsion
from school for a period of not less than one year of any student
who is determined to have: - }
{ - (A) Brought a weapon to a school, to school property
under the jurisdiction of the district or to an activity under
the jurisdiction of the school district; - }
{ - (B) Possessed, concealed or used a weapon in a school or
on school property or at an activity under the jurisdiction of
the district; or - }
{ - (C) Brought to or possessed, concealed or used a weapon
at an interscholastic activity administered by a voluntary
organization. - }
{ - (b) The policy shall allow an exception for courses,
programs and activities approved by the school district that are
conducted on school property, including but not limited to hunter
safety courses, Reserve Officer Training Corps programs,
weapons-related sports or weapons-related vocational courses. In
addition, the State Board of Education may adopt by rule
additional exceptions to be included in school district
policies. - }
{ - (c) The policy shall allow a superintendent to modify the
expulsion requirement for a student on a case-by-case basis. - }
{ - (d) The policy shall require a referral to the
appropriate law enforcement agency of any student who is expelled
under this subsection. - }
{ - (e) For purposes of this subsection, 'weapon' includes
a: - }
{ - (A) 'Firearm' as defined in 18 U.S.C. 921; - }
{ - (B) 'Dangerous weapon' as defined in ORS 161.015; or - }
{ - (C) 'Deadly weapon' as defined in ORS 161.015. - }
{ - (7) The Department of Education shall collect data on any
expulsions required pursuant to subsection (6) of this section
including: - }
{ - (a) The name of each school; - }
{ - (b) The number of students expelled from each school;
and - }
{ - (c) The types of weapons involved. - }
{ - (8) Notwithstanding ORS 336.010, a school district may
require a student to attend school during nonschool hours as an
alternative to suspension. - }
{ - (9) Unless a student is under expulsion for an offense
that constitutes a violation of a school district policy adopted
Enrolled House Bill 2192 (HB 2192-B) Page 6
pursuant to subsection (6) of this section, a school district
board shall consider and propose to the student prior to
expulsion or leaving school, and document to the parent, legal
guardian or person in parental relationship, alternative programs
of instruction or instruction combined with counseling for the
student that are appropriate and accessible to the student in the
following circumstances: - }
{ - (a) When a student is expelled pursuant to subsection (4)
of this section; - }
{ - (b) Following a second or subsequent occurrence within
any three-year period of a severe disciplinary problem with a
student; - }
{ - (c) When it has been determined that a student's
attendance pattern is so erratic that the student is not
benefiting from the educational program; or - }
{ - (d) When a parent or legal guardian applies for a
student's exemption from compulsory attendance on a semiannual
basis as provided in ORS 339.030 (2). - }
{ - (10) A school district board may consider and propose to
a student who is under expulsion or to a student prior to
expulsion for an offense that constitutes a violation of a school
district policy adopted pursuant to subsection (6) of this
section, and document to the parent, legal guardian or person in
parental relationship, alternative programs of instruction or
instruction combined with counseling for the student that are
appropriate and accessible to the student. - }
{ - (11) Information on alternative programs provided under
subsections (9) and (10) of this section shall be in writing. The
information need not be given to the student and the parent,
guardian or person in parental relationship more often than once
every six months unless the information has changed because of
the availability of new programs. - }
{ + (2) Each district school board shall adopt written
policies for the discipline, suspension or expulsion of any
refractory student. The policies:
(a) May allow discipline, suspension or expulsion for conduct
that includes, but is not limited to:
(A) Willful disobedience;
(B) Open defiance of the authority of a school employee;
(C) Possession or distribution of tobacco, alcohol, drugs or
other controlled substances;
(D) Use or display of profane or obscene language;
(E) Willful damage or injury to school property;
(F) Use of threats, intimidation, harassment or coercion
against a student or a school employee;
(G) Assault of a school employee or another student; or
(H) Intentional attempts, by word or conduct, to place a school
employee or another student in fear of imminent serious physical
injury.
(b) Must limit the use of expulsion to the following
circumstances:
(A) For conduct that poses a threat to the health or safety of
students or school employees;
(B) When other strategies to change student conduct have been
ineffective; or
(C) When the expulsion is required by law.
(c) Must require consideration of the age of a student and the
past pattern of behavior of a student prior to imposing the
suspension or expulsion of a student.
(d) Must be limited so that:
Enrolled House Bill 2192 (HB 2192-B) Page 7
(A) The duration of an expulsion may not be more than one
calendar year.
(B) The duration of a suspension may not be more than 10 school
days.
(e) Notwithstanding ORS 336.010, may require a student to
attend school during nonschool hours as an alternative to
suspension if the total number of hours does not exceed the
equivalent of 10 school days.
(3) Pursuant to the policies adopted as provided by subsection
(2) of this section, each school district shall develop a student
handbook, code of conduct or other document that:
(a) Defines and helps create a learning environment that
students respect;
(b) Defines acceptable norms of behavior for students and the
types of behavior that are subject to discipline;
(c) Establishes procedures to address behavior or circumstances
that pose a threat to the safety of students or employees of the
school;
(d) Establishes a system of consequences that are designed to
correct student misconduct and promote behavior within acceptable
norms; and
(e) Makes the system of consequences known to the school
community through the dissemination of information to students,
parents, legal guardians and school district employees.
(4) Each district school board shall adopt written policies on
managing students who threaten violence or harm in public
schools. The policies adopted by a district school board under
this section shall include all of the following:
(a) Staff reporting methods.
(b) Provisions that allow an administrator to consider and
implement any of the following options:
(A) Immediately removing from the classroom setting any student
who has threatened to injure another person or to severely damage
school property.
(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the
office of the school principal, vice principal, assistant
principal, counselor or a school psychologist licensed by the
Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
(C) Requiring that a school obtain an evaluation of a student
by a licensed mental health professional before allowing the
student to return to the classroom setting. A student who is
removed from the classroom setting for an evaluation may not be
removed for more than 10 school days unless the administrator is
able to show good cause that an evaluation could not be completed
in that time period. The policy must describe the circumstances
under which the district school board may enter into contracts
with licensed mental health professionals to perform any
evaluations required under this subparagraph.
(c) The requirement that an administrator provide to the parent
or legal guardian of the student notification that describes the
student's behavior and the school's response.
(d) A provision for the allocation of any funds necessary for
the school district to implement the policies described in this
subsection.
(5) In establishing and enforcing discipline, suspension and
expulsion policies, a district school board shall ensure that the
policy is designed to:
(a) Protect students and school employees from harm;
Enrolled House Bill 2192 (HB 2192-B) Page 8
(b) Provide opportunities for students to learn from their
mistakes;
(c) Foster positive learning communities;
(d) Keep students in school and attending class;
(e) Impose disciplinary sanctions without bias against students
from a protected class, as defined in ORS 339.351;
(f) Implement a graduated set of age-appropriate responses to
misconduct that are fair, nondiscriminatory and proportionate in
relation to each student's individual conduct;
(g) Employ a range of strategies for prevention, intervention
and discipline that take into account a student's developmental
capacities and that are proportionate to the degree and severity
of the student's misbehavior;
(h) Propose, prior to a student's expulsion or leaving school,
alternative programs of instruction or instruction combined with
counseling for the student that are appropriate and accessible to
the student in the following circumstances:
(A) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with the
student;
(B) When it has been determined that the student's attendance
pattern is so erratic that the student is not benefiting from the
educational program; or
(C) When a parent or legal guardian applies for the student's
exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2);
(i) To the extent practicable, use approaches that are shown
through research to be effective in reducing student misbehavior
and promoting safe and productive social behavior; and
(j) Ensure that school conduct and discipline codes comply with
all state and federal laws concerning the education of students
with disabilities.
(6) Except for policies adopted under subsection (7) of this
section, any policies adopted under this section must provide for
the dissemination of information about alternative programs of
instruction or instruction combined with counseling, as described
in subsection (5)(h) of this section, in writing to the student
and the parent, legal guardian or person in parental relationship
with the student at least once every six months, unless the
information has changed because of the availability of new
programs.
(7) Each district school board shall adopt a written policy
involving firearms, as defined in 18 U.S.C. 921. The policy
shall:
(a) Require expulsion from school for a period of not less than
one year of any student who is determined to have:
(A) Brought a firearm to a school, to school property under the
jurisdiction of the school district or to an activity under the
jurisdiction of the school district;
(B) Possessed, concealed or used a firearm in a school, on
school property under the jurisdiction of the school district or
at an activity under the jurisdiction of the school district; or
(C) Brought to or possessed, concealed or used a firearm at an
interscholastic activity administered by a voluntary
organization.
(b) Allow exceptions:
(A) For courses, programs and activities approved by the school
district that are conducted on school property, including, but
not limited to, hunter safety courses, Reserve Officer Training
Enrolled House Bill 2192 (HB 2192-B) Page 9
Corps programs, firearm-related sports or firearm-related
vocational courses; and
(B) Identified by and adopted by the State Board of Education
by rule.
(c) Allow a superintendent of a school district to:
(A) Modify the expulsion requirement for a student on a
case-by-case basis.
(B) Propose alternative programs of instruction or instruction
combined with counseling for a student that are appropriate and
accessible to the student. If alternative programs are
appropriate for a student, the superintendent shall ensure that
information about programs of instruction or instruction combined
with counseling is provided in writing to the student and the
parent, legal guardian or person in parental relationship with
the student at least once every six months, or at any time the
information changes because of the availability of new programs.
(d) Require a referral to the appropriate law enforcement
agency of any student who is expelled under this subsection.
(e) Require an annual reporting to the Department of Education
of the name of each school that had an expulsion under this
subsection and the number of students expelled from each school.
(8) Each district school board shall adopt and disseminate
written policies for the use of physical force upon a student.
The policies must allow an individual who is a teacher,
administrator, school employee or school volunteer to use
reasonable physical force upon a student when and to the extent
the application of force is consistent with section 3, chapter
665, Oregon Laws 2011. + }
{ - (12)(a) - } { + (9)(a) + } The authority to discipline
a student does not authorize the infliction of corporal
punishment. Every resolution, bylaw, rule, ordinance or other act
of a district school board, a public charter school or the
Department of Education that permits or authorizes the infliction
of corporal punishment upon a student is void and unenforceable.
(b) As used in this subsection { - , - } { + :
(A) + } 'Corporal punishment' means the willful infliction of,
or willfully causing the infliction of, physical pain on a
student.
{ - (c) - } { + (B) + } { - As used in this
subsection, - } 'Corporal punishment' does not { - mean - }
{ + include + }:
{ - (A) - } { + (i) + } The use of physical force
authorized by ORS 161.205 for the reasons specified therein; or
{ - (B) - } { + (ii) + } Physical pain or discomfort
resulting from or caused by participation in athletic competition
or other such recreational activity, voluntarily engaged in by a
student.
SECTION 6. { + (1) The amendments to ORS 339.250 by section 5
of this 2013 Act become operative July 1, 2014.
(2) The amendments to ORS 339.250 by section 5 of this 2013 Act
first apply to the 2014-2015 school year. + }
SECTION 7. ORS 336.665 is amended to read:
336.665. (1) The Superintendent of Public Instruction shall
find a school district to be deficient within the meaning of ORS
327.103 if the district fails to cause the proposal of
alternative programs to be made under ORS 339.250 { - (9) or
(10) - } { + (5)(h) or (7)(c)(B) + }.
(2) The failure to cause the proposal of alternative programs
shall not be grounds for a civil action against the school
district.
Enrolled House Bill 2192 (HB 2192-B) Page 10
SECTION 8. ORS 338.115, as amended by section 9, chapter 92,
Oregon Laws 2012, is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(k) ORS 337.150 (textbooks);
(L) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(m) ORS 339.250 { - (12) - } { + (9) + } (prohibition on
infliction of corporal punishment);
(n) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(o) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
abuse and sexual conduct and training on prevention and
identification of abuse and sexual conduct);
(p) ORS chapter 657 (Employment Department Law);
(q) ORS 659.850, 659.855 and 659.860 (discrimination);
(r) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(s) Health and safety statutes and rules;
(t) Any statute or rule that is listed in the charter;
(u) ORS 339.119 (consideration for educational services); and
(v) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5)(a) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
Enrolled House Bill 2192 (HB 2192-B) Page 11
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, public university listed in ORS 352.002, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 9. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, section 3, chapter 53,
Oregon Laws 2010, section 3, chapter 94, Oregon Laws 2011,
section 118, chapter 637, Oregon Laws 2011, section 5, chapter
682, Oregon Laws 2011, and section 10, chapter 92, Oregon Laws
2012, is amended to read:
338.115. (1) Statutes and rules that apply to school district
boards, school districts or other public schools do not apply to
public charter schools. However, the following laws do apply to
public charter schools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) ORS 329.496 (physical education);
Enrolled House Bill 2192 (HB 2192-B) Page 12
(k) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(L) ORS 337.150 (textbooks);
(m) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(n) ORS 339.250 { - (12) - } { + (9) + } (prohibition on
infliction of corporal punishment);
(o) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(p) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
abuse and sexual conduct and training on prevention and
identification of abuse and sexual conduct);
(q) ORS chapter 657 (Employment Department Law);
(r) ORS 659.850, 659.855 and 659.860 (discrimination);
(s) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(t) Health and safety statutes and rules;
(u) Any statute or rule that is listed in the charter;
(v) ORS 339.119 (consideration for educational services); and
(w) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply to school district
boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school,
then the terms 'school district' and 'public school' include
public charter school as those terms are used in that statute or
rule.
(4) A public charter school may not violate the Establishment
Clause of the First Amendment to the United States Constitution
or section 5, Article I of the Oregon Constitution, or be
religion based.
(5)(a) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(6) A public charter school may sue or be sued as a separate
legal entity.
(7) The sponsor, members of the governing board of the sponsor
acting in their official capacities and employees of a sponsor
acting in their official capacities are immune from civil
liability with respect to all activities related to a public
charter school within the scope of their duties or employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, public university listed in ORS 352.002, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(10) A public charter school may receive and accept gifts,
grants and donations from any source for expenditure to carry out
the lawful functions of the school.
(11) The school district in which the public charter school is
located shall offer a high school diploma, a modified diploma, an
Enrolled House Bill 2192 (HB 2192-B) Page 13
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an alternative certificate issued by a nonchartered public
school.
(13) Prior to beginning operation, the public charter school
shall show proof of insurance to the sponsor as specified in the
charter.
(14) A public charter school may receive services from an
education service district in the same manner as a nonchartered
public school in the school district in which the public charter
school is located.
SECTION 10. ORS 339.115 is amended to read:
339.115. (1) Except as provided in ORS 339.141, authorizing
tuition for courses not part of the regular school program, the
district school board shall admit free of charge to the schools
of the district all persons between the ages of 5 and 19 who
reside within the school district. A person whose 19th birthday
occurs during the school year shall continue to be eligible for a
free and appropriate public education for the remainder of the
school year. A district school board may admit nonresident
persons, determine who is not a resident of the district and fix
rates of tuition for nonresidents.
(2)(a) A district must admit an otherwise eligible person who
has not yet attained 21 years of age prior to the beginning of
the current school year if the person is:
(A) Receiving special education and has not yet received a high
school diploma as described in ORS 329.451 (2); or
(B) Receiving special education and has received a modified
diploma, an extended diploma or an alternative certificate as
described in ORS 329.451.
(b) A district may admit an otherwise eligible person who is
not receiving special education and who has not yet attained 21
years of age prior to the beginning of the current school year if
the person is shown to be in need of additional education in
order to receive a high school diploma.
(3) The obligation to make a free appropriate public education
available to individuals with disabilities 18 through 21 years of
age who are incarcerated in an adult correctional facility
applies only to those individuals who, in their last educational
placement prior to their incarceration in the adult correctional
facility:
(a) Were identified as being a child with a disability as
defined in ORS 343.035; or
(b) Had an individualized education program as described in ORS
343.151.
(4) For purposes of subsection (3) of this section, 'adult
correctional facility' means:
(a) A local correctional facility as defined in ORS 169.005;
(b) A regional correctional facility as defined in ORS 169.620;
or
(c) A Department of Corrections institution as defined in ORS
421.005.
(5) An otherwise eligible person under subsection (2) of this
section whose 21st birthday occurs during the school year shall
Enrolled House Bill 2192 (HB 2192-B) Page 14
continue to be eligible for a free appropriate public education
for the remainder of the school year.
(6) The person may apply to the board of directors of the
school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the local board may appeal to the
State Board of Education. The decision of the state board is
final and not subject to appeal.
(7) Notwithstanding ORS 339.133 (1)(a), a school district shall
not exclude from admission a child located in the district solely
because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a
parent, guardian or person in a parental relationship.
(8) Notwithstanding subsection (1) of this section, a school
district:
(a) May for the remaining period of an expulsion deny admission
to the regular school to a resident student who is expelled from
another school district; and
(b) Shall for at least one calendar year from the date of the
expulsion and if the expulsion is for more than one calendar
year, may for the remaining period of time deny admission to the
regular school program to a student who is under expulsion from
another school district for an offense that constitutes a
violation of a school district policy adopted pursuant to ORS
339.250 { - (6) - } { + (7) + }.
(9) A child entering the first grade during the fall term shall
be considered to be six years of age if the sixth birthday of the
child occurs on or before September 1. A child entering
kindergarten during the fall term shall be considered to be five
years of age if the fifth birthday of the child occurs on or
before September 1. However, nothing in this section prevents a
district school board from admitting free of charge a child whose
needs for cognitive, social and physical development would best
be met in the school program, as defined by policies of the
district school board, to enter school even though the child has
not attained the minimum age requirement but is a resident of the
district.
SECTION 11. ORS 339.252 is amended to read:
339.252. (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 { - (9) and (10) - }
{ + (5)(h) or (7)(c)(B) + }, a school district shall provide a
free appropriate public education in an alternative setting to a
Enrolled House Bill 2192 (HB 2192-B) Page 15
child with a disability even if the basis for expulsion was a
weapon violation pursuant to ORS 339.250 { - (6) - } { +
(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.
SECTION 12. { + The amendments to ORS 336.665, 338.115,
339.115 and 339.252 by sections 7 to 11 of this 2013 Act become
operative July 1, 2014. + }
SECTION 13. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
----------
Enrolled House Bill 2192 (HB 2192-B) Page 16
Passed by House April 23, 2013
Repassed by House May 23, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 21, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2192 (HB 2192-B) Page 17
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2192 (HB 2192-B) Page 18
