77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

HA to HB 2192

LC 2121/HB 2192-1

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2192

                    By COMMITTEE ON EDUCATION

                            April 17

  On page 4 of the printed bill, delete lines 24 through 45 and
delete pages 5 through 8.
  On page 9, delete lines 1 through 15 and insert:
  '  { +  SECTION 5. + } ORS 339.250, as amended by section 9,
chapter 665, Oregon Laws 2011, and section 3 of this 2013 Act, 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 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. - }
  '  { +  (2) Each district school board shall adopt written
policies for the discipline, suspension or expulsion of any
refractory student. The policies:
  ' (a) May allow discipline, suspension or expulsion for conduct
that includes, but is not limited to:
  ' (A) Willful disobedience;
  ' (B) Open defiance of the authority of a school employee;
  ' (C) Possession or distribution of tobacco, alcohol, drugs or
other controlled substances;
  ' (D) Use or display of profane or obscene language;
  ' (E) Willful damage or injury to school property;
  ' (F) Use of threats, intimidation, harassment or coercion
against a student or a school employee;
  ' (G) Assault of a school employee or another student; or
  ' (H) Intentional attempts, by word or conduct, to place a
school employee or another student in fear of imminent serious
physical injury.
  ' (b) Must limit the use of expulsion to the following
circumstances:
  ' (A) For conduct that poses a threat to the health or safety
of students or school employees;
  ' (B) When other strategies to change student conduct have been
ineffective; or
  ' (C) When the expulsion is required by law.
  ' (c) Must require consideration of the age of a student and
the past pattern of behavior of a student prior to imposing the
suspension or expulsion of a student.
  ' (d) Must be limited so that:
  ' (A) The duration of an expulsion may not be more than one
calendar year.
  ' (B) The duration of a suspension may not be more than 10
school days.
  ' (e) Notwithstanding ORS 336.010, may require a student to
attend school during nonschool hours as an alternative to
suspension if the total number of hours does not exceed the
equivalent of 10 school days.
  ' (3) Pursuant to the policies adopted as provided by
subsection (2) of this section, each school district shall
develop a student handbook, code of conduct or other document
that:
  ' (a) Defines and helps create a learning environment that
students respect;

  ' (b) Defines acceptable norms of behavior for students and the
types of behavior that are subject to discipline;
  ' (c) Establishes procedures to address behavior or
circumstances that pose a threat to the safety of students or
employees of the school;
  ' (d) Establishes a system of consequences that are designed to
correct student misconduct and promote behavior within acceptable
norms; and
  ' (e) Makes the system of consequences known to the school
community through the dissemination of information to students,
parents, legal guardians and school district employees.
  ' (4) Each district school board shall adopt written policies
on managing students who threaten violence or harm in public
schools. The policies adopted by a district school board under
this section shall include all of the following:
  ' (a) Staff reporting methods.
  ' (b) Provisions that allow an administrator to consider and
implement any of the following options:
  ' (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, counselor or a school psychologist licensed by the
Teacher Standards and Practices Commission or the office of any
licensed mental health professional.
  ' (C) Requiring that a school obtain an evaluation of a student
by a licensed mental health professional before allowing the
student to return to the classroom setting. A student who is
removed from the classroom setting for an evaluation may not be
removed for more than 10 school days unless the administrator is
able to show good cause that an evaluation could not be completed
in that time period. The policy must describe the circumstances
under which the district school board may enter into contracts
with licensed mental health professionals to perform any
evaluations required under this subparagraph.
  ' (c) The requirement that an administrator provide to the
parent or legal guardian of the student notification that
describes the student's behavior and the school's response.
  ' (d) A provision for the allocation of any funds necessary for
the school district to implement the policies described in this
subsection.
  ' (5) In establishing and enforcing discipline, suspension and
expulsion policies, a district school board shall ensure that the
policy is designed to:
  ' (a) Protect students and school employees from harm;
  ' (b) Provide opportunities for students to learn from their
mistakes;
  ' (c) Foster positive learning communities;
  ' (d) Keep students in school and attending class;
  ' (e) Impose disciplinary sanctions without bias against
students from a protected class, as defined in ORS 339.351;
  ' (f) Implement a graduated set of age-appropriate responses to
misconduct that are fair, nondiscriminatory and proportionate in
relation to each student's individual conduct;
  ' (g) Employ a range of strategies for prevention, intervention
and discipline that take into account a student's developmental
capacities and that are proportionate to the degree and severity
of the student's misbehavior;
  ' (h) Propose, prior to a student's expulsion or leaving
school, 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) Following a second or subsequent occurrence within any
three-year period of a severe disciplinary problem with the
student;
  ' (B) When it has been determined that the student's attendance
pattern is so erratic that the student is not benefiting from the
educational program; or
  ' (C) When a parent or legal guardian applies for the student's
exemption from compulsory attendance on a semiannual basis as
provided in ORS 339.030 (2);
  ' (i) To the extent practicable, use approaches that are shown
through research to be effective in reducing student misbehavior
and promoting safe and productive social behavior; and
  ' (j) Ensure that school conduct and discipline codes comply
with all state and federal laws concerning the education of
students with disabilities.
  ' (6) Except for policies adopted under subsection (7) of this
section, any policies adopted under this section must provide for
the dissemination of information about alternative programs of
instruction or instruction combined with counseling, as described
in subsection (5)(h) of this section, in writing to the student
and the parent, legal guardian or person in parental relationship
with the student at least once every six months, unless the
information has changed because of the availability of new
programs.
  ' (7) Each district school board shall adopt a written policy
involving firearms, as defined in 18 U.S.C. 921. The policy
shall:
  ' (a) Require expulsion from school for a period of not less
than one year of any student who is determined to have:
  ' (A) Brought a firearm to a school, to school property under
the jurisdiction of the school district or to an activity under
the jurisdiction of the school district;
  ' (B) Possessed, concealed or used a firearm in a school, on
school property under the jurisdiction of the school district or
at an activity under the jurisdiction of the school district; or
  ' (C) Brought to or possessed, concealed or used a firearm at
an interscholastic activity administered by a voluntary
organization.
  ' (b) Allow exceptions:
  ' (A) 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, firearm-related sports or
firearm-related vocational courses; and
  ' (B) Identified by and adopted by the State Board of Education
by rule.
  ' (c) Allow a superintendent of a school district to:
  ' (A) Modify the expulsion requirement for a student on a
case-by-case basis.
  ' (B) Propose alternative programs of instruction or
instruction combined with counseling for a student that are
appropriate and accessible to the student. If alternative
programs are appropriate for a student, the superintendent shall
ensure that information about programs of instruction or
instruction combined with counseling is provided in writing to
the student and the parent, legal guardian or person in parental
relationship with the student at least once every six months, or
at any time the information changes because of the availability
of new programs.
  ' (d) Require a referral to the appropriate law enforcement
agency of any student who is expelled under this subsection.
  ' (e) Require an annual reporting to the Department of
Education of the name of each school that had an expulsion under
this subsection and the number of students expelled from each
school.

  ' (8) Each district school board shall adopt and disseminate
written policies for the use of physical force upon a student.
The policies must allow an individual who is a teacher,
administrator, school employee or school volunteer to use
reasonable physical force upon a student when and to the extent
the application of force is consistent with section 3, chapter
665, Oregon Laws 2011. + }
  '  { - (12)(a) - }   { + (9)(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  { - , - }  { + :
  ' (A) + } 'Corporal punishment' means the willful infliction
of, or willfully causing the infliction of, physical pain on a
student.
  '  { - (c) - }   { + (B) + }   { - As used in this
subsection, - }  'Corporal punishment' does not   { - mean - }
 { +  include + }:
  '  { - (A) - }   { + (i) + } The use of physical force
authorized by ORS 161.205 for the reasons specified therein; or
  '  { - (B) - }   { + (ii) + } Physical pain or discomfort
resulting from or caused by participation in athletic competition
or other such recreational activity, voluntarily engaged in by a
student.'.
  In line 23, delete '(4)(a)(H) or (5)(c)(B)' and insert ' (5)(h)
or (7)(c)(B)'.
  In line 45, delete '(7)' and insert '(9)'.
  On page 11, line 29, delete '(7)' and insert '(9)'.
  On page 13, line 34, delete '(5)' and insert '(7)'.
  On page 14, line 13, delete '(4)(a)(H) or (5)(c)(B)' and insert
'(5)(h) or (7)(c)(B)'.
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