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OREGON

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Bill of Rights (art. 1).

SEC. 5. No money to be appropriated for religion.-No money shall be drawn from the treasury for the benefit of any religious, or theological institution, nor shall any money be appropriated for the payment of any religious services in either house of the legislative assembly.

Corporations and Internal Improvements (art. 11).

SEC. 6. State not to be stockholder in company; *** -The State shall not subscribe to, or be interested in the stock of any company, association, or corporation.

SEC. 7. Credit of State not to be loaned-limitation upon power of contracting debts.-The legislative assembly shall not lend the credit of the State nor in any manner create any debt of the State nor in any manner create any debt or liabilities which shall singly or in the aggregate with previous debts or liabilities exceed the sum of $50,000, except in case of war or to repel invasion or suppress insurrection or to build and maintain permanent roads; 營

SEC. 8. State not to assume debt of counties, towns or other corporations.-The State shall never assume the debts of any county, town, or other corporation whatever, unless such debts shall have been created to repel invasion, suppress insurrection, or defend the State in war.

SEC. 9. Limitations on powers of county or city to assist corporations.— No county, city, town or other municipal corporation, by vote of its citizens, or otherwise, shall become a stockholder in any joint company, corporation or association, whatever, or raise money for, or loan its credit to, or in aid of, any such company, corporation or association. * * *

Miscellaneous

Corporations and Internal Improvements (art. 11).

SEC. 2. Formation of corporations; * * *— *** Corporations may be formed under general laws, but shall not be created by the legislative assembly by special laws. * * *

STATUTORY PROVISIONS

Education and Cultural Facilities (title 30).

Approval/Supervision/Support

Special Educational Programs (ch. 343).

SEC. 343.960. Education of children at certain private schools and homes.-(1) The State Board of Education shall be responsible for approving

the educational program for children living in or under the care of the Children's Farm Home, the Louise Home, the Salvation Army White Shield Home, Christie School, Edgefield Lodge, Parry Center, St. Mary's School, Villa Gerard, Villa St. Rose, Waverly Children's Home and The Boys and Girls Aid Society of Oregon. The Children's Services Division of the Department of Human Resources shall be responsible for payment of the cost of such education from the funds appropriated for the purpose.

(2) Such education may be provided in the regular schools of a school district or, with the cooperation of the agency involved, the instruction may be given by the school district in facilities provided by such agency.

(3) The children covered by this section shall be enumerated in the school census of the district providing the instruction but credit for days' attendance of such children shall not accrue to such school district for the purpose of distributing state school funds.

Compulsory Education

Conduct of Schools Generally (ch. 336).

SEC. 336.010. School month; holidays; teachers' holiday pay; Saturday instruction.-(1) The common school month consists of 20 days.

(2) No pupil shall be required to attend school on any Saturday or on any legal school holiday.

(3) Days on which an election is held throughout the state shall be school holidays only for such schools in which the sole schoolroom is used for election purposes.

(4) The 12th, 14th and 22nd days of February and the 12th day of October shall not be school holidays, but a portion of the days shall be set apart and observed in the public schools by appropriate activities.

(5) No teacher shall be required to teach on any Saturday, except as provided in the terms of the teacher's employment, or on any legal school holiday. When a holiday occurs on what would otherwise be a school day, teachers shall be allowed full pay for the holiday.

(6) No subject required for graduation shall be taught on Saturday only. [Amended by 1961, ch. 226, sec. 1; 1965, ch. 100, sec. 221.]

School Attendance; Admission; Discipline (ch. 339).

SEC. 339.010. School attendance required; age limits.-Except as provided in ORS 339.030, all children between the ages of 7 and 18 years who have not completed the 12th grade are required to attend regularly a public full-time school of the school district in which the child resides. [Amended by 1965, ch. 100, sec. 274.]

SEC. 339.020. Duty to send children to school.-Except as provided in ORS 339.030, every person having control of any child between the ages of 7 and 18 years who has not completed the 12th grade is required to send such child to and maintain such child in regular attendance at a public full-time

school during the entire school term. [Amended by 1965, ch. 100, sec. 275; 1969, ch. 160, sec. 1.]

SEC. 339.030. Exemptions from compulsory school attendance.-In the following cases, children shall not be required to attend public full-time schools. ***

(2) 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. * * *

Special Education

Special Educational Programs (General) (ch. 343).

SEC. 343.045. Establishing criteria for programs.-The Superintendent of Public Instruction may establish criteria to guide the development and operation of special programs authorized by this chapter and may apply these criteria in certifying such programs for reimbursement specifically provided by law for such programs.

SEC. 343.055. Superintendent of Public Instruction to administer special programs.-The Superintendent of Public Instruction shall administer all programs established under this chapter. Subject to the approval of the State Board of Education, he may establish rules relative to qualifications of teachers, supervisors, work experience coordinators, courses of study methods of instruction, admission, diagnosis, eligibility of pupils, size of special facilities, rooms and equipment, supervision, territory to be served, and such other rules as he considers necessary to administer this chapter. He may also use funds appropriated for any program in this chapter for preservice and inservice education of teachers in that program.

SEC. 343.065. Superintendent of Public Instruction to employ personnel to supervise special programs.-The Superintendent of Public Instruction shall employ personnel qualified by training and experience to supervise the types of services required by the special programs authorized by this chapter. Personnel so employed shall assist the school districts, county and regional facilities, and hospitals in the organization and development of special programs authorized by this chapter, shall have general supervision of such programs, and shall assist school districts in obtaining required services, equipment and materials, particularly where the number of children is too small to justify district purchase of equipment and materials.

SEC. 343.075. Placement of children in programs.-After consultation with parents, staff and administrative personnel of public or private agencies and organizations including but not limited to the Children's Services Division, the Mental Health Division and other agencies which serve the needs of handicapped children, administrative officers of school districts shall have control over placement of children under their jurisdiction who are found eligible to participate in special programs authorized by this chapter. When a child has been certified as eligible for special education or placement in a special instructional facility, the parent or guardian must enroll the child in the program for which he is eligible. [1965, ch. 100, sec. 393; 1973, ch. 728, sec. 5.]

SEC. 343.085. Tuition.-Except as provided in ORS 343.730 relating to driver instruction, no tuition shall be charged to any resident student participating in any special program authorized by this chapter. [1965, ch. 100, sec. 394.]

Curriculum

Conduct of Schools Generally (ch. 336).

SEC. 336.057. Courses in United States Constitution.~(1) In all public and private schools courses of instruction in the Constitution of the United States shall be given. The courses shall begin not later than the opening of the eighth grade and shall continue in grades 9 through 12.

(2) Such courses shall also be required in all state institutions of higher education and in all state and local institutions which provide education for patients or inmates to an extent to be determined by the Superintendent of Public Instruction.

SEC. 336.074. Teaching in English required; exceptions.—Instruction in all subjects in public, private and parochial schools shall be conducted primarily in English, except:

(1) Instruction in foreign languages.

(2) Instruction may be conducted in more than one language in order that pupils whose native language is other than English can develop bilingual skills to make an early and effective transition to English and benefit from increased educational opportunities. [1971, ch. 326, sec. 2.]

SEC. 336.079. Special English courses for certain children.-Specific courses to teach speaking, reading and writing of the English language shall be provided at each grade level, starting at the first grade, to those children who are unable to profit from classes taught in English. Such courses shall be taught to such a level in school as may be required until children are able to profit from classes conducted in English. [1971, ch. 326, sec. 3.]

Compiler's Note: See also HEALTH AND SAFETY, Ch. 336, sec. 336.072.

Special Educational Programs (ch. 343).

SEC. 343.720. School course in automobile driver instruction; instructor's qualifications.—(1) Any private or public school or facility may offer a course in automobile driver instruction. The course of instruction shall be devoted to the study and practice of the rules of the road, the safe and proper operation of motor vehicles, accident prevention and other matters which promote safe and lawful driving habits and reduce the need for intensive highway policing. The course shall include classroom instruction and instruction in dual control automobiles. No pupil shall participate in behind-the-wheel instruction unless he is enrolled in or has completed a course in classroom instruction. (2) A person employed to teach a course in automobile driver instruction must meet qualifications established by the Superintendent of Public Instruction. However, a person employed to give behind-the-wheel driver instructions is not required to hold a teaching certificate under subsections (1), (2) and (3) of ORS 342.135. [1957, ch. 206, sec. 2; 1959, ch. 421, sec. 2; 1965, ch. 100, sec. 428; 1969, ch. 407, sec. 1; 1969, ch. 623, sec. 1; 1973, ch. 724, sec. 3.] SEC. 343.730. State reimbursement.-(1) Each public school or facility offering a course in automobile driver instruction shall keep accurate records of the cost thereof in the manner required by the Superintendent of Public Instruction. Each public school or facility shall be reimbursed on the basis of the number of pupils completing the course, including any private school pupils completing the course in the public school, to the extent of the lesser of the following schedules:

(a) 90 percent of the cost of conducting the course, or if tuition is charged, 90 percent of the cost after deducting tuition; or

(b) $50 per pupil completing the course, including any private school pupil completing the course in a public school.

(2) If funds available to the Motor Vehicles Division for the Student Driver Training Fund are not adequate to pay all approved claims in full, public schools and facilities shall receive a pro rata reimbursement based upon the ratio that the total amount of funds available bears to the total amount of funds required for maximum allowable reimbursement.

SEC. 343.740. Student Driver Training Fund.-(1) There is created the Student Driver Training Fund. All payments required under ORS 343.710 to 343.740 and subsection (7) of ORS 482.250 and all expenses incurred in the administration of those sections shall be made to and borne by the fund. (2) The Superintendent of Public Instruction shall annually distribute the funds available in the Student Driver Training Fund in the manner provided in ORS 343.730.

(3) The Motor Vehicles Division shall make periodic studies to determine the effectiveness of automobile driver instruction programs conducted under

authority of ORS 343.705 to 343.750. [1957, ch. 206, sec. 4, 6; 1963, ch. 97, sec. 8; 1973, ch. 724, sec. 5]

SEC. 343.750. Contract with private driver training school.—Any school district may contract with a lawfully licensed private driver training school for the instruction of students enrolled in a driver training course in the school in the behind-the-wheel portion of such course. [1967, ch. 296, sec. 11

Pupil Transportation

Local Administration of Education (ch. 332).

SEC. 332.415. Transportation of students attending private or parochial schools.-Whenever any district school board lawfully provides for transportation for pupils attending public schools, all children attending any private or parochial school under the compulsory school attendance laws shall, where the private or parochial school is along or near the route designated by said board, be entitled equally to the same rights, benefits and privileges as to transportation so provided for.

Records and Reports

Conduct of Schools Generally (ch. 336).

SEC. 336.185. Definitions for ORS 336.185 to 336.215.-For purposes of ORS 44.040 and 336.185 to 336.215, the following definitions will apply: (1) "Student records" include all records relating to students maintained by any elementary or secondary school.

(2) "Student behavioral records" are student records which include psychological tests, personality evaluations, records of conversations and any written transcript of incidents relating specifically to student behavior.

(3) "Student progress records" are student records which include transcripts of grades and courses taken, records of attendance, tests relating specifically to achievement or measurement of ability, and records of health.

(4) "Superintendent" means the highest ranking administrative officer in a school district or an educational institution, or in his absence, the person designated to fulfill his functions.

(5) "Board" means the board of directors of a school district or other educational institution. [1971, ch. 512, sec. 1.]

SEC. 336.195. Student records confidential; rules for inspection or release.--(1) All student records maintained by a school or educational institution shall be confidential, and except as hereinafter provided shall be open for inspection only in accordance with such rules and regulations as the board shall adopt.

(2) The board shall establish rules and regulations to provide that all student records maintained by any elementary or secondary school in their district shall be available for inspection by any parent or legal guardian requesting to see such records; however, student behavioral records shall be released only in the presence of an individual qualified to explain or interpret the records. (3) Release of student behavioral records for use in any proceedings, civil or criminal, in any court of this state shall be made only by the superintendent or his designated representative, or with the consent of the student or juvenile so confiding or to whom such records relate, if the student is 18 years of age or over, or if the person is a minor, with the consent of his parent or legal guardian. Release shall be made only in the presence of an individual qualified to explain or interpret the records.

(4) Student progress records shall be available to all teaching staff, to parents or legal guardians, and upon request, to other agencies having a demonstrated interest in the student. [1971, ch. 512, sec. 2; 1973, ch. 827, sec. 30.]

SEC. 336.215. Transfer of student records to other schools.-Any school or educational institution may transfer without penalty to any other school or educational institution all student records relating to a particular individual provided that they have received notice of the student enrolling in said institution. [1971, ch. 512, sec. 3.]

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SEC. 342.135. Basic, standard and other teaching certificates.—(1) A teaching certificate provided for in this section shall qualify its holder to accept any instructional assignment from preprimary through grade 12 for which he has completed the professional requirements established by the rules of the Teacher Standards and Practices Commission.

(2) A basic teaching certificate shall be issued on application to an otherwise qualified person who has completed an approved teacher education program and meets such other requirements as the Teacher Standards and Practices Commission may consider necessary to maintain and improve quality of instruction in the public schools of the state. * **

(3) (a) A standard teaching certificate shall be issued on application to an otherwise qualified person who has completed an approved teacher education program, has taught on a basic teaching certificate for a minimum period of time to be determined by the Teacher Standards and Practices Commission, and is recommended for certification by the approved teacher education institution or the school district, whichever offered the program. *** (4) The Teacher Standards and Practices Commission may establish such other types of teaching certificates as it considers necessary for operation of the public schools of the state and may prescribe the qualifications for such certificates. However, no certificate established under the authority of this subsection shall be required for a regular classroom teaching position in the public schools. [1961, ch. 439, sec. 4; 1965, ch. 100, sec. 354; 1965, ch. 550, sec. 3; 1973, ch. 270, sec. 5.]

SEC. 342.620. Oath of allegiance of other teachers.-With the exception of exchange professors or teachers whose term of service is temporary and who do not become permanent residents of the United States, every teacher employed in a private or parochial school or in any academy, college, university or other institution of learning shall, before entering upon the discharge of his duties, take the same oath or affirmation of allegiance as that prescribed for public school teachers in ORS 342.615. The oath or affirmation shall be taken and subscribed to before some officer authorized by the state to administer oaths. A copy of the oath or affirmation shall be filed with the officer or board in charge of such school or other institution of learning.

SEC. 342.625. Duty of school authorities concerning oath of allegiance.— No person in charge of any public, private or parochial school, or any academy, college, university or other institution of learning shall allow or permit any teacher to enter upon the discharge of his duties, or to give instruction therein unless such teacher has taken and subscribed to the oath or affirmation of allegiance required by ORS 342.615 or 342.620.

SEC. 342.655. Action against teacher violating ORS 342.650.-Any teacher violating the provisions of ORS 342.650 shall be suspended from employment by the district school board. The board shall report its action to the Superintendent of Public Instruction who shall revoke the teacher's teaching certificate. [Amended by 1965, ch. 100, sec. 388.]

Health and Safety

Conduct of Schools Generally (ch. 336).

SEC. 336.072. Fire drills; unlocked exits; instruction in fire dangers; course of instruction.-(1) In every public, private or parochial school or educational institution having an average daily attendance of 50 or more, pupils shall be instructed and drilled so that they may, in sudden emergency, be able to leave the school building in the shortest possible time and without confusion or panic. Drills or rapid dismissals shall be held at least once each school month. All exit doors shall be maintained so that they can be opened from the inside without a key during school hours.

(2) At least 30 minutes in each school month shall be used to instruct children in grades one through eight on fire dangers and drills.

(3) For the purpose of instruction on fire dangers and drills, the Superintendent of Public Instruction shall prepare a written course of instruction which shall be printed and distributed at state expense in quantities sufficient to provide a copy for each teacher who provides the instruction required by this section.

SEC. 336.450. "Traffic patrol" defined.-As used in ORS 336.450 to 336.480, "traffic patrol" means one or more individuals appointed by a public, private or parochial school to protect pupils in their crossing of streets or highways on their way to or from the school by directing the pupils or by cautioning vehicle operators. [1961, ch. 575, sec. 1; 1965, ch. 100, sec. 243.]

SEC. 336.460. Traffic patrols authorized; medical benefits; rules.—(1) A district school board may do all things necessary, including the expenditure of district funds, to organize, supervise, control or operate traffic patrols. A district school board may make rules relating to traffic patrols which are consistent with rules under subsection (1) of ORS 336.470.

(2) The establishment, maintenance and operation of a traffic patrol does not constitute negligence on the part of any school district or school authority. (3) A district school board may provide medical or hospital care for an individual who is injured or disabled while acting as a member of a traffic patrol. [1961, ch. 575, sec. 3; 1965, ch. 100, sec. 244.]

SEC. 336.470. Regulation of traffic patrols for public, private and parochial schools; qualifications.-(1) To promote safety the Department of Education after consultation with the Motor Vehicles Division, the Highway Division and the Department of State Police, shall make rules relating to traffic patrols.

(2) A member of a traffic patrol:

(a) Shall be at least 18 years of age unless his parent or guardian has consented in writing to such membership and ceases to be a member if such consent is revoked.

(b) May display a badge marked "traffic patrol" while serving as a member. (c) May display a directional sign or signal in cautioning vehicle operators where pupils cross a street or highway. [1961, ch. 575, sec. 2; 1965, ch. 100, sec. 245; 1971, ch. 189, sec. 1.]

SEC. 336.480. Intergovernmental cooperation and assistance in connection with traffic patrols.-(1) The Department of Education and the Highway Division shall cooperate with any public, private or parochial school in the organization, supervision, control and operation of its traffic patrol.

(2) The Department of State Police, the sheriff of each county or the police of each city may assist any public, private or parochial school in the organization, supervision, control or operation of its traffic patrol. [1961, ch. 575, sec. 4; 1965, ch. 100, sec. 246; 1971, ch. 189, sec. 2.]

Disease Control and Sanitation Generally (ch. 433).

SEC. 433.255. Persons with or exposed to communicable disease excluded from school.-No pupil, teacher or school employee shall be permitted to attend any private, parochial or public school when afflicted with any communicable disease, nor shall they be permitted to attend such school from any house in which exists any communicable disease, except in strict

conformity with the rules of the division. [Amended by 1973, ch. 259, sec. 18.1

SEC. 433.260. Exclusion of diseased or exposed person; return to school.-Whenever any school principal or teacher in any private, parochial or public school has reason to suspect that any pupil or school employee is afflicted with or has been exposed to any communicable disease required by the rules of the division to be excluded from school, such principal or teacher shall send such person home and report the occurrence to the local health officer by the most direct means available. Any person so excluded shall not be permitted to again attend school until he presents a certificate from a physician licensed by the Board of Medical Examiners for the State of Oregon stating that he is not afflicted with nor a carrier of any communicable disease. [Amended by 1973, ch. 259, sec. 19.]

SEC. 433.267. Immunization of school children; exceptions.-Frior to and as a condition of his initial enrollment in any public, private or parochial school of this state, every child between five and 14 years of age shall submit to the school administrator one of the following statements: (1) A statement signed by a physician or a representative of the local health department that he has received an initial immunization and prescribed reinforcing immuniza tion against the communicable diseases pursuant to rules of the Health Division as provided in ORS 433.273; or

(2) A statement signed by a physician that the physical condition of the child is such that the immunization would seriously endanger his health; or (3) A statement signed by his parents or guardian that he has not been immunized as described in subsection (1) of this section because he is being reared as an adherent to a religion the teachings of which are opposed to such immunization; or

(4) A statement signed by his parent or guardian that he will arrange to have necessary immunization initiated by a physician or local health department within 30 days. [1973, c. 566, sec. 2.]

SEC. 433.269. Free immunization by local health departments.-Local health departments shall make available immunizations to be administered under the direction of the local health officer in areas convenient to the student free of charge to those children who are unable to acquire them from other physicians. [1973, ch. 566, sec. 3.]

SEC. 433.273. Rules of division.-The Health Division shall adopt rules pertaining to the communicable diseases for which immunization is required and the approved means of immunization and indicated reinforcing immunization under ORS 433.267, including recommended optimum ages for administration of such immunizations. [1973, ch. 566, sec. 4.]

SEC. 433.275. Refusal to enroll pupil not complying with ORS 433.267.-The school administrator of any school at which a pupil applies for enrollment without meeting the requirements of ORS 433.267 shall refuse to enroll the pupil until the requirements are met. [1973, ch. 566, sec. 5.]

Federal Aid

State Administration of Education (ch. 326). SEC. 326.051. Board Functions.- *** (2) The State Board of Education may:

(a) Consistent with the laws of this state, accept money or property not otherwise provided for under paragraph (b) of this subsection, which is donated for the use or benefit of the public kindergartens and public elementary and secondary schools and public community colleges and use such money or property for the purpose for which it was donated. Until it is used, the board shall deposit any money received under this paragraph in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275. (b) Apply for federal funds and accept and enter into any contracts or agreements in behalf of the state for the receipt of such funds from the Federal Government or its agencies for educational purposes, including but

not limited to any funds available for the school lunch program, for vocational educational purposes, for adult education and any grants available to the state or its political subdivisions for general federal aid for public kindergartens and public elementary and secondary schools and public community colleges and their auxilliary services, improvement of teacher preparation, teacher salaries, construction of school buildings, administration of the Department of Education and any other educational activities under the jurisdiction of the State Board of Education.

(c) Administer the state program provided for in Public Law 90-302 (82 Stat. 117). [1965, ch. 100, sec. 6; amended by 1965, ch. 519, sec. 14; 1967, ch. 67, sec. 24; 1969, ch. 284, sec. 1; 1971, ch. 513, sec. 9; 1973, ch. 707, sec. 1.]

Vocational Education and Rehabilitation (ch. 344).

SEC. 344.100. Acceptance of provisions of federal vocational education Act.-The State of Oregon hereby accepts all provisions and benefits of an Act of Congress entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure."

Miscellaneous

School Attendance; Admission; Discipline (ch. 339).

SEC. 339.410. School hours of pupils under eight years of age.-Pupils under eight years of age may be dismissed after school attendance of four

hours duration. When dismissal is not practicable, pupils under eight years of age shall be allowed recesses of such length and frequency that the actual period of time spent in the schoolroom does not exceed three and one-half hours daily. [1965, c. 100, sec. 297.]

SEC. 339.420. Attendance at religious instruction.-Upon application of his parent or guardian, or, if the child has attained the age of majority, upon application of the child, a child attending the public school may be excused from school for periods not exceeding 120 minutes in any week to attend weekday schools giving instruction in religion. [1965, ch. 100, sec. 298; 1973, ch. 827, sec. 32.]

Special Educational Programs (ch. 343).

SEC. 343.552. Definition of “qualified teacher.”—As used in ORS 343.552 to 343.558, unless the context requires otherwise: (1) "District school board" and "school district" include the Corrections Division, Mental Health Division and the State Board of Education.

(2) "Qualified teacher" means a teacher who meets the requirements established by the State Board of Education. [1959, ch. 218, sec. 1; 1965, ch. 100, sec. 423; 1965, ch. 237, sec. 1; 1969, ch. 109, sec. 1.]

SEC. 343.554. Scholarships for teachers; district contribution; terms.— (1) Scholarships may be awarded to provide assistance to qualified teachers desiring to obtain certification to teach mentally retarded children or to obtain special training to teach emotionally handicapped children. ***

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