Chapter 618 Oregon Laws 2001

AN ACT

HB 3429

Relating to school safety; creating new provisions; amending ORS 329.704; appropriating money; and declaring an emergency.

Whereas every student should have access to a safe, secure and orderly school that is conducive to learning; and

Whereas all schools and school districts must have plans, policies and procedures for assisting students who are at risk of academic failure or of engaging in disruptive and disorderly behavior; and

Whereas state and local resources are needed to enlarge the capacities for research, effective programming and program evaluation that lead to success in addressing safety and discipline within the schools; now, therefore,

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) There is created the Center for School Safety within the Department of Higher Education. The mission of the center shall be to:

(a) Serve as the central point for data analysis;

(b) Conduct research;

(c) Disseminate information about successful school safety programs, research results and new programs; and

(d) Provide technical assistance for improving the safety of schools in collaboration with the Department of Education and others.

(2) To fulfill its mission, the Center for School Safety shall:

(a) Establish a clearinghouse for information and materials concerning school violence prevention and intervention services. As used in this paragraph, “intervention services” means any preventive, developmental, corrective or supportive service or treatment provided to a student who is at risk of school failure, is at risk of participation in violent behavior or juvenile crime or has been expelled from the school district. “Intervention services” may include, but is not limited to:

(A) Screening to identify students at risk for emotional disabilities or antisocial behavior;

(B) Direct instruction in academic, social, problem-solving and conflict resolution skills;

(C) Alternative education programs;

(D) Psychological services;

(E) Identification and assessment of abilities;

(F) Counseling services;

(G) Medical services;

(H) Day treatment;

(I) Family services; and

(J) Work and community service programs.

(b) Provide program development and implementation expertise and technical support to schools, law enforcement agencies and communities. The expertise and support may include coordinating training for administrators, teachers, students, parents and other community representatives.

(c) Analyze the data collected in compliance with section 5 of this 2001 Act.

(d) Research and evaluate school safety programs so schools and communities are better able to address their specific needs.

(e) Promote interagency efforts to address discipline and safety issues within communities throughout the state.

(f) Prepare and disseminate information regarding the best practices in creating safe and effective schools.

(g) Advise the State Board of Education on rules and policies.

(h) Provide an annual report on the status of school safety in Oregon by July 1 of each year to:

(A) The Governor;

(B) The Attorney General;

(C) The State Board of Education; and

(D) All relevant legislative committees.

(3) The University of Oregon Institute on Violence and Destructive Behavior shall provide staff support to the Center for School Safety board of directors and shall manage the center.

(4) The Center for School Safety board of directors may seek and accept public and private funds for the center.

SECTION 2. (1) The Center for School Safety shall be governed by a board of directors. The board of directors shall consist of:

(a) The Superintendent of Public Instruction or a designee of the superintendent;

(b) The Director of the Oregon Youth Authority or a designee of the director;

(c) The Attorney General or a designee of the Attorney General;

(d) The Superintendent of State Police or a designee of the superintendent;

(e) The Assistant Director for Mental Health and Developmental Disability Services or a designee of the assistant director;

(f) The Director of the Dispute Resolution Commission or a designee of the director;

(g) Nine members appointed by the Governor, as follows:

(A) One member representing the Oregon School Boards Association;

(B) One member representing the Confederation of Oregon School Administrators;

(C) One member representing the Oregon Education Association;

(D) One member representing the Oregon School Employees Association;

(E) One member representing the Oregon State Sheriffs’ Association;

(F) One member representing the Oregon Association Chiefs of Police;

(G) One member representing the Oregon District Attorneys Association;

(H) One member representing the National Resource Center for Safe Schools on the Northwest Regional Educational Laboratory; and

(I) One member representing the Oregon School Safety Officers Association; and

(h) Other members that the board may appoint.

(2) When making appointments to the board of directors, the Governor shall solicit recommendations from professional organizations that represent school employees, school district boards, school administrators and other education providers.

(3) The term of office of each board member appointed by the Governor is two years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a board member, the Governor shall appoint a successor. A board member is eligible for reappointment but shall not serve for more than two consecutive terms. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the board of directors is entitled to compensation and expenses as provided in ORS 292.495.

(5) The board of directors shall meet a minimum of four times per year.

(6) The board of directors shall annually elect a chairperson and vice chairperson from the membership. The board of directors may form committees as needed.

SECTION 3. Notwithstanding the term of office specified by section 2 of this 2001 Act, of the members first appointed to the Center for School Safety board of directors by the Governor:

(1) Four shall serve for terms ending one year from the date of appointment.

(2) Four shall serve for terms ending two years from the date of appointment.

SECTION 4. Prior to November 1, 2002, the Department of Education shall develop recommendations for the Center for School Safety board of directors related to the feasibility of establishing and maintaining a statewide data collection system for school safety data including but not limited to:

(1) Incidents of violence and assault against school employees and students on school property or at school functions;

(2) Incidents of possession of guns or other deadly weapons on school property or at school functions;

(3) Incidents of possession or use of alcohol and inappropriate use of prescription drugs or controlled substances on school property or at school functions;

(4) The number of juveniles taken into custody on school property or at school functions, the offenses and whether civil damages were pursued by the injured party; and

(5) The number of expulsions.

SECTION 5. (1) Prior to November 1, 2003, the Center for School Safety board of directors shall develop a plan identifying processes and timelines for an assessment of public school safety and student discipline and related procedures, including but not limited to:

(a) Reports of school incidents relating to disruptive and disorderly behavior;

(b) A school’s rules regarding student behavior and discipline, the clarity of those rules and whether there is appropriate notice to students and parents;

(c) A school’s hierarchy of responses to student discipline problems and actual disciplinary outcomes;

(d) Training needs of instructional staff in the areas of classroom management, student learning styles and other specialized subjects to enhance capacity of the staff to engage students and minimize disruptive and disorderly behavior;

(e) The array of school services to students at risk of academic failure, dropping out or truancy;

(f) The engagement of parents at the earliest stages of problem behavior;

(g) Training needs of students in anger reduction, conflict resolution, peer mediation and other skills;

(h) Training needs of parents;

(i) Existing policies of the 21st Century Schools Council relating to student behavior and discipline and student information;

(j) A school’s physical environment;

(k) A school’s student supervision plan;

(L) Existing components of the district or school improvement plan that focus on school safety and at-risk students and the effectiveness of the components; and

(m) Other data deemed relevant by the 21st Century Schools Council or school administration.

(2) The plan developed under subsection (1) of this section shall engage local community agencies, including law enforcement agencies and the courts.

(3) As a result of district-wide assessment of data, resources, policies, procedures and needs pursuant to the plan developed under subsection (1) of this section, each school district board shall adopt a plan prior to the 2004-2005 school year for immediate and long-term strategies to address school safety and student discipline. The development of the plan shall involve representatives from schools in the district as well as representatives from the community. The process of planning shall be determined locally depending to a large extent on the size and characteristics of the district. A school district board may develop the plan through a safe school alliance formed under ORS 339.312.

(4) The district plan adopted under subsection (3) of this section shall include the rules adopted by the district pursuant to ORS 339.240 and a description of instructional placement options for students displaying menacing or violent behavior.

SECTION 6. The Department of Education, in collaboration with the Center for School Safety, shall:

(1) Develop recommendations and statewide guidelines designed to improve the learning environment and student achievement and to reduce the dropout rate in the state’s public schools.

(2) Identify successful strategies that are used in Oregon and other states to improve the learning environment and student achievement and to reduce the dropout rate.

(3) Provide technical assistance to those school districts requesting assistance in reducing the dropout rate.

SECTION 7. ORS 329.704 is amended to read:

329.704. (1) Nothing in this section shall interfere with the duties, responsibilities and rights of duly elected school district boards. There shall be established at each school a 21st Century Schools Council. The duties of a 21st Century Schools Council shall include but not be limited to:

(a) The development of plans to improve the professional growth of the school’s staff;

(b) The improvement of the school’s instructional program;

(c) The development and coordination of plans for the implementation of programs under this chapter at the school; [and]

(d) The administration of grants-in-aid for the professional development of teachers and classified district employees; and

(e) Advising the school district board in the development of a plan for school safety and student discipline under section 5 of this 2001 Act.

(2) A 21st Century Schools Council shall be composed of teachers, parents, classified employees and principals or the principal’s designee, as follows:

(a) Not more than half of the members shall be teachers;

(b) Not more than half of the members shall be parents of students attending that school;

(d) One member shall be the principal of the building or the principal’s designee.

(3) In addition, other members may be as the school district shall designate, including but not limited to local school committee members, business leaders, students and members of the community at large.

(4) Members of a 21st Century Schools Council shall be selected as follows:

(a) Teachers shall be licensed teachers elected by licensed teachers at the school site;

(b) Classified employees shall be elected by classified employees at the school site;

(d) Other representatives shall be selected by the council.

(5) If a school district board determines that a school site is unable to fulfill the requirements of this section or if the needs of a school site require a different composition, the school district board shall establish the 21st Century Schools Council in a manner that best meets the educational needs of the district.

(6) All 21st Century Schools Council meetings shall be subject to the open meetings law pursuant to ORS 192.610 to 192.690.

(7) A school district may establish a district site committee to assist in the administration of grants or in the district-wide coordination of programs.

SECTION 8. (1) The Department of Higher Education may seek and accept contributions of funds and assistance from the United States, its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with sections 1 to 6 of this 2001 Act. All such funds are to aid in financing the functions of the Center for School Safety and shall be deposited in the Center for School Safety Account and shall be disbursed for the purpose for which contributed.

(2) The Center for School Safety Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all federal funds or other moneys received by the department for the center shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the department and shall be used by the department for the purposes of carrying out sections 1 to 6 of this 2001 Act.

SECTION 9. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on July 1, 2001.

Approved by the Governor June 26, 2001

Filed in the office of Secretary of State June 26, 2001

Effective date July 1, 2001

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