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]

Source: Section 339.240 — Rules of student conduct, discipline and rights; duties of state board and district school boards, https://www.­oregonlegislature.­gov/bills_laws/ors/ors339.­html.

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)

Attorney General Opinions

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

339.005
Definition for ORS 339.040 and 339.125 339.010
School attendance required 339.020
Duty to send children to school 339.030
Exemptions from compulsory school attendance 339.035
Teaching by private teacher, parent or guardian 339.040
Attendance supervisors 339.055
Duties of attendance supervisors 339.065
Estimates of attendance 339.071
Attendance notification policy 339.080
Nonattendance notice to parents, school officials and parole or probation officer 339.090
Determination of compliance 339.095
Required procedures related to violations of certain school attendance requirements 339.115
Admission of students 339.119
Prohibition of payment as incentive to receive educational services 339.122
Disclosures in promotional materials 339.125
Contract for admission of nonresident pupils 339.127
Factors prohibited from consideration when giving consent to nonresident student 339.128
Factors prohibited from consideration when admitting tuition-paying nonresident student 339.129
Education for children in local or regional correctional facilities required 339.133
Determination of residency of student for school purposes 339.134
Residency of child voluntarily placed outside child’s home and living in substitute care program 339.137
Residency of student at youth care center 339.139
Residency of military children 339.141
Tuition prohibited for regular school program 339.147
When tuition authorized 339.155
Prohibitions of certain fees as condition of admission 339.240
Rules of student conduct, discipline and rights 339.250
Duty of student to comply with rules 339.252
Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons 339.256
Prohibition on restriction of access to specialized learning areas or certain common areas 339.270
Assessment of costs of school property damage against responsible student or parents or guardian 339.280
Student grading policies 339.285
Definitions for ORS 339.285 to 339.303 339.288
Prohibitions on use of certain restraints 339.291
Use of restraint or seclusion 339.294
Procedures following incident 339.297
Annual report 339.300
Training programs 339.303
Rules for complaints, investigations and seclusion rooms 339.308
Seclusion cell prohibition 339.309
Required reports of employee injuries 339.312
Safe school alliance 339.315
Report required if person has unlawful firearm or destructive device 339.317
Notice to school district of person charged with crime 339.319
Notice to school district of person convicted of crime 339.321
Notice to school district and law enforcement agencies of release or discharge of person 339.323
Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person 339.326
Actions after receipt of notice under ORS 419A.305 339.327
Notification required if person possesses threatening list or when threats of violence or harm made 339.329
Statewide tip line to report information concerning threats or potential threats to student safety 339.331
Mission 339.333
Board of directors 339.336
Funding 339.339
Collaboration between center and Department of Education 339.341
Statewide School Safety and Prevention System 339.343
Comprehensive district plans on student suicide prevention 339.345
Requirement to have automated external defibrillator 339.347
Policies to address bias incidents and displays of symbols of hate 339.351
Definitions for ORS 339.351 to 339.364 339.353
Findings 339.356
District policy required 339.359
Training programs 339.362
Retaliation against victims and witnesses prohibited 339.364
Victim may seek redress under other laws 339.366
Required policies on teen dating violence and domestic violence 339.368
Posters regarding domestic violence 339.370
Definitions for ORS 339.370 to 339.400 339.372
Policies of school boards on reporting of suspected abuse and suspected sexual conduct 339.374
Required background checks by education providers 339.378
Disclosure of information and records by education provider 339.384
Prohibitions and allowances related to hiring of applicant to be school employee 339.388
Report of abuse or sexual conduct 339.389
Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse 339.390
Investigations by Teacher Standards and Practices Commission of persons who are commission licensees 339.391
Investigations by Department of Education of persons who are not commission licensees 339.392
Prohibitions against certain agreements and contracts 339.396
Effect on causes of action 339.400
Training 339.420
Child excused to receive religious instruction 339.450
Prohibited grounds for denying participation in interscholastic athletics 339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school 339.505
Definitions for ORS 339.505 to 339.520 339.510
Student accounting system 339.515
Uniform reporting system 339.520
Information required on certain students who withdraw from school 339.650
“Traffic patrol” defined for ORS 339.650 to 339.665 339.655
Traffic patrols authorized 339.660
Rules on traffic patrols 339.665
Intergovernmental cooperation and assistance in connection with traffic patrols 339.866
Self-administration of medication by students 339.867
“Medication” defined for ORS 339.869 and 339.870 339.869
Administration of medication to students 339.870
Liability of school personnel administering medication 339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication 339.873
Recommendations on medication to affect or alter thought processes, mood or behavior prohibited 339.874
Use of sun-protective clothing and sunscreen 339.875
Procurement, display and salute of flags 339.877
Issuance of diploma for work completed at certain state institutions 339.880
Unauthorized soliciting of pupils prohibited 339.883
Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities 339.885
Secret societies in public schools prohibited 339.890
Radio frequency identification device policy for students 339.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 339.240’s source at oregon​.gov