68th OREGON LEGISLATIVE ASSEMBLY--1996 Special 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 173-1
Senate Bill 1159
Sponsored by SPECIAL SESSION COMMITTEE ON CRIME AND CORRECTIONS
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 school districts to expel students who bring weapons
to or possess, conceal or use weapons at educational related
activities. Allows exceptions. Allows school district to deny
admission to regular school and alternative programs to student
who is expelled from another district.
A BILL FOR AN ACT
Relating to weapons at educational related activities; amending
ORS 336.635, 336.665, 339.115 and 339.250; and repealing ORS
166.372.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 residing therein. The 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. However, a district school board may admit other
nonresident persons, determine who is not a resident of the
district and may fix rates of tuition for nonresidents.
(2) 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; or
(b) Shown to be in need of additional education in order to
receive a diploma.
(3) An otherwise eligible person under subsection (2) of this
section whose 21st birthday occurs during the school year shall
continue to be eligible for a free appropriate public education
for the remainder of the school year.
(4) 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.
(5) Notwithstanding ORS 339.133 (1), 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.
(6) 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
{ - expelled - } { + under expulsion + } from another school
district for an offense that constitutes a violation of { - the
federal Gun Free Schools Act of 1994 under 20 U.S.C. Ý2701 - }
{ + a school district policy adopted pursuant to ORS 339.250
(6) + }.
(7) 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 2. 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) 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.
(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 { - to - }
{ + 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 { - may - } { + 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) - } { + (A) + } 'Firearm' as defined in 18 U.S.C.
921; { - or - }
{ - (b) - } { + (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 (5).
{ + (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. + }
{ - (10) - } { + (11) + } Information on alternative
programs provided under { - subsection - } { +
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.
{ - (11) - } { + (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 3. ORS 336.635 is amended to read:
336.635. (1) Pursuant to the proposal { - required in - }
{ + under + } ORS 339.250 (9)(a) to (c) { + or (10) + }, the
parent or guardian with the approval of the attending district
may enroll the student in one of the proposed appropriate and
accessible public alternative programs or the private alternative
programs of instruction or instruction combined with counseling
registered with the Department of Education. If the child is
determined to be eligible for special education under ORS 343.221
to 343.236 and 343.261 to 343.295, the program must be approved
by the Department of Education prior to the placement of the
student in the program. The student enrolled pursuant to this
subsection shall be considered enrolled in the schools of the
district for purposes of the distribution of the State School
Fund.
(2) The alternate program in which the student enrolls shall
notify the school district in which the student or the student's
parents or legal guardian, if any, resided at the time the
student enrolled of the child's enrollment and may bill the
school district for tuition. The billing may be made annually or
at the end of each term or semester of the alternate program. For
each full-time equivalent student enrolled in the alternative
education program, as defined in ORS 336.615, the school district
shall pay the actual cost of the program or an amount at least
equivalent to 80 percent of the district's estimated current
year's average per student net operating expenditure, whichever
is lesser, in accordance with rules adopted by the State Board of
Education. The alternate program shall be accountable for the
expenditures of all State School Fund and other local school
support moneys, providing the school district with an annual
statement of such expenditures.
(3) A private alternative program that is registered with the
Department of Education is not required to employ only licensed
teachers or administrators. Teachers and administrators in such
private programs shall not be considered employees of any
district for purposes of ORS 342.173.
(4) A school district is not required to provide a public
alternative program if there are public or private alternative
programs that are appropriate and accessible to the student to
which a student can be referred.
(5) Any Oregon teaching license is valid for teaching all
subjects and grade levels in an alternative education program
operated by a school district or education service district.
SECTION 4. 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) - } { + (11) + }.
(2) The failure to cause the proposal of alternative programs
shall not be grounds for a civil action against the school
district.
SECTION 5. { + ORS 166.372 is repealed. + }
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