77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular 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 793
House Bill 2584
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for Disability Rights Oregon)
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.
Removes sunset on legislation relating to restraint and
seclusion of students in public education programs.
A BILL FOR AN ACT
Relating to safety in public education programs; amending ORS
161.205 and 339.250 and section 12, chapter 665, Oregon Laws
2011; and repealing section 7, chapter 665, Oregon Laws 2011.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 7, chapter 665, Oregon Laws 2011, is
repealed. + }
SECTION 2. Section 12, chapter 665, Oregon Laws 2011, is
amended to read:
{ + Sec. 12. + } (1) Sections 1 to 5 { - of this 2011
Act - } { + , chapter 665, Oregon Laws 2011, + } and the
amendments to ORS 161.205 and 339.250 by sections 8 and 10
{ - of this 2011 Act - } { + , chapter 665, Oregon Laws
2011, + } become operative on July 1, 2012.
(2) The amendments to ORS 161.205 and 339.250 by sections 9 and
11 { - of this 2011 Act - } { + , chapter 665, Oregon Laws
2011, + } become operative on { - June 30, 2017 - } { + the
effective date of this 2013 Act + }.
SECTION 3. ORS 161.205, as amended by section 11, chapter 665,
Oregon Laws 2011, is amended to read:
161.205. The use of physical force upon another person that
would otherwise constitute an offense is justifiable and not
criminal under any of the following circumstances:
(1) { + (a) + } A parent, guardian or other person entrusted
with the care and supervision of a minor or an incompetent person
may use reasonable physical force upon such minor or incompetent
person when and to the extent the person reasonably believes it
necessary to maintain discipline or to promote the welfare of the
minor or incompetent person.
{ + (b) + } { - A teacher - } { + Personnel of a public
education program, as that term is defined in section 1, chapter
665, Oregon Laws 2011, + } may use reasonable physical force upon
a student when and to the extent the { - teacher 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 - } { + application of force is
consistent with section 3, chapter 665, Oregon Laws 2011 + }.
(2) An authorized official of a jail, prison or correctional
facility may use physical force when and to the extent that the
official reasonably believes it necessary to maintain order and
discipline or as is authorized by law.
(3) A person responsible for the maintenance of order in a
common carrier of passengers, or a person acting under the
direction of the person, may use physical force when and to the
extent that the person reasonably believes it necessary to
maintain order, but the person may use deadly physical force only
when the person reasonably believes it necessary to prevent death
or serious physical injury.
(4) A person acting under a reasonable belief that another
person is about to commit suicide or to inflict serious physical
self-injury may use physical force upon that person to the extent
that the person reasonably believes it necessary to thwart the
result.
(5) A person may use physical force upon another person in
self-defense or in defending a third person, in defending
property, in making an arrest or in preventing an escape, as
hereafter prescribed in chapter 743, Oregon Laws 1971.
SECTION 4. ORS 339.250, as amended by section 9, chapter 665,
Oregon Laws 2011, 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 - } { + application of force is
consistent with section 3, chapter 665, Oregon Laws 2011 + }. 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)(a) 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.
(b) District school boards shall develop policies on managing
students who threaten violence or harm in public schools. The
policies adopted by a school district shall include staff
reporting methods and shall require an administrator to consider:
(A) Immediately removing from the classroom setting any student
who has threatened to injure another person or to severely damage
school property.
(B) Placing the student in a setting where the behavior will
receive immediate attention, including, but not limited to, the
office of the school principal, vice principal, assistant
principal or counselor or a school psychologist licensed by the
Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
(C) Requiring the student to be evaluated by a licensed mental
health professional before allowing the student to return to the
classroom setting.
(c) The administrator shall notify the parent or legal guardian
of the student's behavior and the school's response.
(d) District school boards may enter into contracts with
licensed mental health professionals to perform the evaluations
required under paragraph (b) of this subsection.
(e) District school boards shall allocate any funds necessary
for school districts to implement the policies adopted under
paragraph (b) of this subsection.
(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 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.
(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 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) 'Firearm' as defined in 18 U.S.C. 921;
(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 of 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 (2).
(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.
(11) Information on alternative programs provided under
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.
(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, a public charter school or 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.
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