School Attendance

ORS 339.240
Rules of student conduct, discipline and rights

  • duties of state board and district school boards


(1)

The State Board of Education in accordance with ORS chapter 183 shall adopt rules setting minimum standards for pupil conduct and discipline and for rights and procedures pertaining thereto that are consistent with orderly operation of the educational processes and with fair hearing requirements. The rules shall be distributed by the Superintendent of Public Instruction to all school districts.

(2)

Every district school board shall adopt and attempt to give the widest possible distribution of copies of reasonable written rules regarding pupil conduct, discipline and rights and procedures pertaining thereto. Such rules must comply with minimum standards adopted by the State Board of Education under subsection (1) of this section.

(3)

Every district school board shall enforce consistently and fairly its written rules regarding pupil conduct, discipline and rights. This subsection does not apply to a pupil who is eligible for special education as a child with a disability under ORS 343.035 (Definitions for chapter). [1971 c.561 §§2,3; 1993 c.45 §123; 1999 c.726 §1; 2007 c.70 §97]

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

§§ 339.240 to 339.270

Law Review Citations

7 WLJ 419-434 (1971)


Source

Last accessed
Jun. 26, 2021