71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2900
Senate Bill 528
Sponsored by Senator CORCORAN (at the request of Jamon Kent)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires persons who teach children at home to submit
instruction plan. Limits school attendance exemptions for
children taught at home. Requires education service district to
provide children taught at home with identification.
A BILL FOR AN ACT
Relating to school attendance; creating new provisions; and
amending ORS 339.030, 339.035, 339.250 and 807.066.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.030 is amended to read:
339.030. (1) In the following cases, children { - shall - }
{ + 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 grades 1 through 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 grades 1 through 12 in
the public schools.
(c) 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 grades 1 through
12 in the public school.
(d) Children being educated in the children's home by a parent
or legal guardian.
(e) Children excluded from attendance as provided by law.
{ + (2) The exemptions from school attendance listed in
subsection (1)(c) and (d) of this section may not apply to
children whose parents or guardians have been found to be in
violation of ORS 339.020 or have received notice of nonattendance
from an attendance supervisor under ORS 339.080. + }
{ - (2) - } { + (3) + } The State Board of Education 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, lawfully employed part-time and
enrolled in school, or enrolled in a community college or other
state-registered alternative education program. Such 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.
SECTION 2. ORS 339.035 is amended to read:
339.035. (1) As used in this section, 'education service
district' means the education service district that contains the
school district of which the child is a resident.
(2) { + (a) + } When a child is taught or is withdrawn from a
public school to be taught by a parent, legal guardian or private
teacher, as provided in ORS 339.030, the parent, legal guardian
or private teacher must notify the education service district in
writing. In addition, when a child who is taught by a parent,
legal guardian or private teacher moves to a new education
service district, the parent, legal guardian or private teacher
shall notify the new education service district in writing. The
education service district shall acknowledge receipt of any
notification in writing.
{ + (b) The notification under paragraph (a) of this
subsection shall include a plan for home instruction. The plan
shall be notarized and include the following information:
(A) The name of the parent, legal guardian or private teacher
who will teach the child;
(B) The materials that will be used to teach the child; and
(C) The times and places where the child will be taught.
(c) The parent, legal guardian or private teacher shall submit
the plan described in paragraph (b) of this subsection at least
once each year.
(d) A parent, legal guardian or private teacher who teaches a
child under this section shall have a high school diploma or a
General Educational Development (GED) certificate. + }
(3) Children being taught as provided in subsection (2) of this
section shall be examined at grades 3, 5, 8 and 10 in accordance
with the following procedures:
(a) The State Board of Education shall adopt by rule a list of
approved comprehensive examinations that are readily available.
(b)(A) The parent or legal guardian shall select an examination
from the approved list and arrange to have the examination
administered to the child by a qualified neutral person, as
defined by rule by the State Board of Education.
(B) If the child was withdrawn from public school, the first
examination shall be administered to the child at least 18 months
after the date on which the child was withdrawn from public
school.
(C) If the child never attended public or private school, the
first examination shall be administered to the child prior to the
end of grade three.
(c) The person administering the examination shall:
(A) Score the examination; and
(B) Report the results of the examination to the parent or
legal guardian.
(d) Upon request of the superintendent of the education service
district, the parent or legal guardian shall submit the results
of the examination to the education service district.
(4)(a) If the composite test score of the child places the
child below the 15th percentile based on national norms, the
child shall be given an additional examination within one year of
when the first examination was administered.
(b) If the composite test score of the child on the second
examination shows a declining score, then the child shall be
given an additional examination within one year of when the
second examination was administered and the superintendent of the
education service district may:
(A) Allow the child to continue to be taught by a parent, legal
guardian or private teacher; or
(B) Place the education of the child under the supervision of a
person holding a teaching license who is selected by the parent
or legal guardian at the expense of the parent or legal guardian.
If the composite test score of the child continues to show a
declining score, the superintendent of the education service
district may:
(i) Allow the child to continue under the educational
supervision of a licensed teacher selected by the parent or legal
guardian and require that the child be given an additional
examination within one year of when the last examination was
administered;
(ii) Allow the child to be taught by a parent, legal guardian
or private teacher and require that the child be given an
additional examination within one year of when the last
examination was administered; or
(iii) Order the parent or legal guardian to send the child to
school for a period not to exceed 12 consecutive months as
determined by the superintendent.
(c) If the parent or legal guardian of the child does not
consent to placing the education of the child under the
supervision of a licensed teacher who is selected by the parent
or legal guardian, then the superintendent of the education
service district may order the child to return to school for a
period not to exceed 12 consecutive months as determined by the
superintendent.
(d) If the composite test score of the child on an examination
is equal to or greater than the percentile score on the prior
test, the child may be taught by a parent, legal guardian or
private teacher and for the next examination be examined pursuant
to paragraph (a) of this subsection or subsection (3) of this
section.
(5)(a) Notwithstanding the examination requirements of
subsections (3) and (4) of this section, the parent or legal
guardian of a child with disabilities who has an individualized
education plan and is receiving special education and related
services through the school district or who is being educated in
accordance with a privately developed plan shall be evaluated for
satisfactory educational progress according to the
recommendations of the plan.
(b) The parent or legal guardian of a child with disabilities
who was evaluated by service providers selected by the parent or
legal guardian based on a privately developed plan shall submit a
report of such evaluation to the education service district in
lieu of the examination results required by subsections (3) and
(4) of this section.
(c) A child with disabilities described in this subsection
shall not be subject to the examination requirements of
subsections (3) and (4) of this section unless the examination is
recommended in the plan in effect for the child.
{ + (6) The education service district shall provide a child
who is taught under this section with identification indicating
the child is exempt from attending public full-time school. + }
SECTION 3. { + The amendments to ORS 339.035 by section 2 of
this 2001 Act become operative on July 1, 2002. + }
SECTION 4. ORS 339.250 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. 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.
(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
approved by the State Board of Education under ORS 339.430.
(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 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;
(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) - } { + (3) + }.
(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 or of 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 5. ORS 807.066 is amended to read:
807.066. The Department of Transportation shall not issue
driving privileges to a person who is under 18 years of age
unless the person:
(1) Has graduated from high school and provides the department
with proof of graduation satisfactory to the department;
(2) Has received a General Educational Development (GED)
certificate from a community college and provides the department
with proof of the certificate satisfactory to the department;
(3) Provides the department with a form provided by the
department and signed by the principal, or the designee of the
principal, of the secondary school attended by the person that
declares that the person is enrolled in a secondary school of
this state or any other state;
(4) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a General
Educational Development (GED) certificate;
(5) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a high school
diploma;
(6) Provides the department with a form provided by the
department and signed by the authorized representative of the
education service district or school district having jurisdiction
over the area of the person's residence that declares that the
person is being taught by a private teacher { + , + }
{ - or - } parent { + or legal guardian + } in compliance with
ORS 339.035;
(7) Provides the department with documentation satisfactory to
the department that indicates that the person is exempted from
school attendance requirements due to circumstances beyond the
control of the person; or
(8) Provides the department with documentation satisfactory to
the department that the person is exempt under ORS 339.030
{ - (2) - } { + (3) + } from the requirement to attend
school.
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