Current through Register Vol. 63, No. 3, March 1, 2024
(1) Each district
school board shall adopt written policies that limit the use of expulsion to
the following circumstances:
(a) For conduct
that poses a threat to the health or safety of students of school employees;
(b) When other strategies to
change student conduct have been ineffective, except that expulsion may not be
used to address truancy; or
(c)
When the expulsion is required by law
(d) In addition to any limitations imposed by
paragraphs (a) to (c) of this subsection, board policies must limit the use of
expulsion for students in fifth grade or lower to the following circumstances:
(i) For nonaccidential conduct causing
serious physical harm to a student or school employee;
(ii) When a school administrator determines,
based upon the administrator's observation or upon a report from a school
employee, that the student's conduct poses a direct threat to the health or
safety of students or school employees;
(2) A school district board may expel, or
delegate authority to a hearings officer to expel, a student provided the
student is not expelled without a hearing unless the student's parent(s) or
guardian, or the student, if 18 years of age, waives the right to a hearing.
Waiver may take place by the parent or the student, if 18 years of age,
notifying the school district in writing of waiver of the right to a hearing.
Waiver may also take place by the parent, or the student, if age 18 or over,
failing to appear after notice, at the place and time set for the hearing:
(a) If the school board acts to expel, the
hearing may be conducted by a hearings officer designated by the board. In
cases where the hearings officer is conducting the expulsion hearing for the
board, the hearings officer shall provide to the board the findings as to the
facts, the recommended decision and whether or not the student is guilty of the
conduct alleged. This material shall be made available at the same time to the
parent or guardian, and to the student, if age 18 or over;
(b) If the authority to expel a student is
delegated to a hearings officer, the parent, or student, if age 18 or over,
shall have the right upon appeal to a board review of the decision. If the
decision is appealed to the board for review, the board shall be provided
findings as to the facts and the decision of the hearings officer. This
material shall be made available at the same time to the parent or guardian,
and to the student, if age 18 or over. When appealed, the board will affirm,
modify, or rescind the decision of the hearings officer.
(3) Student expulsion hearings shall be
conducted pursuant to ORS
332.061.
(4) Expulsion hearing policies or rules shall
contain provisions for the following:
(a)
Notice to the student and to the parent or guardian shall be given by personal
service or certified mail of the charge or charges and the specific facts that
support the charge or charges. The notice shall include the statement of intent
to consider the charges as reason for expulsion. Where notice is given by
personal service, the person serving the notice shall file a return of service.
Where notice is given by certified mail to a parent of a suspended student the
notice shall be placed in the mail at least five days before the date of the
hearing;
(b) Where the student or
the student's parent cannot understand the spoken English language, an
interpreter shall be provided by the district;
(c) The student may be represented by counsel
or other persons;
(d) The student
shall be permitted to introduce evidence by testimony, writings, or other
exhibits;
(e) The student shall be
permitted to be present and hear the evidence presented by the district;
(f) Strict rules of evidence shall
not apply to the proceedings. However, this provision shall not limit the
hearings officer's control of the hearing;
(g) The hearings officer or the student may
make a record of the hearing.
Stat. Auth.: ORS 339
Stats. Implemented: ORS
339.240,
339.250 &
339.260
