Chapter 339

339.030

See also annotations under ORS 339.310 in permanent edition.

NOTES OF DECISIONS

Plaintiff’s right to attend parochial schools, guaranteed by this section, was not impinged by rule of Oregon School Activities Association which limited participation in athletics by student who had transferred between parochial and public high schools. Cooper v. OSAA, 52 Or App 425, 629 P2d 386 (1981), Sup Ct review denied

ATTY. GEN. OPINIONS: Standards for educational programs at state and regional institutions; private school tuition for handicapped children, (1974) Vol 36, p 942; education for children in child-care agency, (1975) Vol 37, p 611

339.115

NOTES OF DECISIONS

Rule of Oregon School Activities Association which limits participation in athletics by students transferring between parochial and public high schools does not violate this section as rule bears reasonable relationship to goal of fostering interscholastic athletic competition. Cooper v. OSAA, 52 Or App 425, 629 P2d 386 (1981), Sup Ct review denied

ATTY. GEN. OPINIONS: Education for children in child-care agency, (1975) Vol 37, p 611

339.125

NOTES OF DECISIONS

If the Board makes a contract with another district for its high school students’ attendance, the Board may decide to which district it will pay tuition for its resident students. Porter v. Riverdale Sch. Dist. 51, 21 Or App 773, 536 P2d 1265 (1975)

339.240 to 339.270

LAW REVIEW CITATIONS: 7 WLJ 419-434 (1971)

339.240

NOTES OF DECISIONS

Defendants did not establish that promulgation and enforcement of hair length rule was within the authority of the school board under this section. Neuhaus v. Federico, 12 Or App 314, 505 P2d 939 (1973), Sup Ct review denied

A school board’s authority to enact rules governing student conduct is limited to enacting rules that have some reasonable connection with the educational process. Neuhaus v. Federico, 12 Or App 314, 505 P2d 939 (1973), Sup Ct review denied

Where case is decided on grounds that challenged disciplinary action violates this section, party may seek relief on same grounds. Ferguson v. Phoenix-Talent School District No. 4, 172 Or App 389, 19 P3d 943 (2001), Sup Ct review denied

School board’s duty to adopt and distribute rules indicates that board is final policy maker for school district. G.C. v. North Clackamas School District, 654 F. Supp. 2d 1226 (D. Or. 2009)

ATTY. GEN. OPINIONS: District prohibition of school newspaper publishing of editorial positions on ballot measures and candidates for public office, (1978) Vol 38, p 2129

339.250

NOTES OF DECISIONS

This section does not modify the common law rule that a teacher is immune from liability for physical punishment, reasonable in degree, administered to a pupil. Simms v. Sch. Dist. 1, Multnomah County, 13 Or App 119, 508 P2d 236 (1973), Sup Ct review denied

Rules of student conduct adopted by district school board need not list every possible disciplinary action that may follow infraction. Ferguson v. Phoenix-Talent School District No. 4, 172 Or App 389, 19 P3d 943 (2001), Sup Ct review denied

“Refractory” means resisting control or authority. Ferguson v. Phoenix-Talent School District No. 4, 172 Or App 389, 19 P3d 943 (2001), Sup Ct review denied

School board’s authority to discipline students indicates that board is final policy maker for school district. G.C. v. North Clackamas School District, 654 F. Supp. 2d 1226 (D. Or. 2009)

LAW REVIEW CITATIONS: 38 WLR 657 (2002)

339.351 to 339.364

LAW REVIEW CITATIONS: 38 WLR 657 (2002)

339.351

LAW REVIEW CITATIONS: 38 WLR 657 (2002)

339.356

LAW REVIEW CITATIONS: 38 WLR 657 (2002)

339.372

NOTES OF DECISIONS

School board’s duty to adopt policies on reporting child abuse and sexual misconduct indicates that board is final policy maker for school district. G.C. v. North Clackamas School District, 654 F. Supp. 2d 1226 (D. Or. 2009)

339.430

NOTES OF DECISIONS

Voluntary organizations administering interscholastic activities are public entities for purposes of Americans with Disabilities Act. Bingham v. Oregon School Activities Association, 37 F. Supp. 2d 1189 (D. Or. 1999)

“Criteria” for placement of school into interscholastic activity district refers to pertinent considerations rather than to particular measurements used to apply considerations. Lane County School District 4J v. Oregon School Activities Association, 212 Or App 373, 157 P3d 1241 (2007), Sup Ct review denied

339.655

(formerly 336.460)

NOTES OF DECISIONS

When statute is discretionary by its terms, public entity is immune from liability if entity does not take action pursuant to statute. Fielding v. Heiderich, 113 Or App 280, 832 P2d 1244 (1992)

339.870

(formerly 336.650)

ATTY. GEN. OPINIONS: Administration of medication to students by public school employee, (1982) Vol 42, p 307