68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
Enrolled
House Bill 2487
Sponsored by Representatives COURTNEY, CARPENTER, BRIAN;
Representatives BAUM, GRISHAM, MEEK, SCHOON, SNODGRASS
CHAPTER ................
AN ACT
Relating to consequences for student misconduct; creating new
provisions; and amending ORS 336.635, 336.665, 339.115,
339.250, 339.260 and 809.410.
Be It Enacted by the People of the State of Oregon:
**************************** SECTION 1. ORS 339.115 is amended
to read:
339.115. (1) Except as provided in ORS 339.141 authorizing
tuition for courses not part of the regular school program, the
district school board shall admit free of charge to the schools
of the district all persons between the ages of 5 and 19 residing
therein. The person whose 19th birthday occurs during the school
year shall continue to be eligible for a free and appropriate
public education for the remainder of the school year. However, a
district school board may admit other nonresident persons,
determine who is not a resident of the district and may fix rates
of tuition for nonresidents. A district must admit an otherwise
eligible person who has not yet attained 21 years of age if the
person is:
(a) Receiving special education; or
(b) Shown to be in need of additional education in order to
receive a Certificate of Initial or Advanced Mastery.
(2) The person shall apply to the board of directors of the
school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the local board may appeal to the
State Board of Education. The decision of the state board is
final and not subject to appeal.
(3) Notwithstanding ORS 339.133 (1), a school district shall
not exclude from admission a child located in the district solely
because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a
parent, guardian or person in a parental relationship.
{ + (4) Notwithstanding subsection (1) of this section, a
school district:
(a) May deny admission to a resident student who is expelled
from another school district; and
(b) Shall deny admission to a student who is expelled from
another school district for an offense that constitutes a
violation of the federal Gun Free Schools Act of 1994 under 20
U.S.C. 2701. + }
{ - (4) - } { + (5) + } A child entering the first grade
during the fall term shall be considered to be six years of age
if the sixth birthday of the child occurs on or before September
1. A child entering kindergarten during the fall term shall be
considered to be five years of age if the fifth birthday of the
child occurs on or before September 1. However, nothing in this
section prevents a district school board from admitting free of
charge a child whose needs for cognitive, social and physical
development would best be met in the school program, as defined
by policies of the district school board, to enter school even
though the child has not attained the minimum age requirement but
is a resident of the district.
**************************** SECTION 2. ORS 339.250 is amended
to read:
339.250. (1) Public school { - pupils - } { + 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. 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 { - pupil - } { +
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) 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 { - the - } use { + or
display + } of profane or obscene language is sufficient cause
for discipline, suspension or expulsion from school.
(5) Expulsion of a { - pupil - } { + student + } shall not
extend beyond
{ - the current term or semester unless the semester ends
within such a short period of time that the expulsion would be
too short to be effective. However, the expulsion shall not
extend beyond the second term or semester. - } { + one calendar
year and suspension shall not extend beyond 10 school days.
(6) 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 brought a weapon to a school under the
jurisdiction of the district. The policy may allow a
superintendent to modify the expulsion requirement for a student
on a case-by-case basis. For purposes of this subsection, '
weapon' includes a:
(a) 'Firearm' as defined in 18 U.S.C. 921; or
(b) 'Dangerous 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 students expelled from each school; and
Enrolled House Bill 2487 Page 2
(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. + }
{ - (6) - } { + (9) + } A school district board shall
consider and propose to the { - pupil - } { + 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 { - pupil - } { + student + } that are appropriate
and accessible to the { - pupil - } { + student + } in the
following circumstances:
(a) When a { - pupil - } { + 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
{ - pupil - } { + student + };
(c) When it has been determined that a { - pupil's - } { +
student's + } attendance pattern is so erratic that the
{ - pupil - } { + student + } is not benefiting from the
educational program; or
(d) When a parent or legal guardian applies for a
{ - pupil's - } { + student's + } exemption from compulsory
attendance on a semiannual basis as provided in ORS 339.030 (5).
{ - (7) - } { + (10) + } Information on alternative
programs provided under subsection { - (6) - } { + (9) + } of
this section shall be in writing. The information need not be
given to the { - pupil - } { + 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.
{ - (8)(a) - } { + (11)(a) + } The authority to discipline
a { - pupil - } { + student + } does not authorize the
infliction of corporal punishment. Every resolution, bylaw,
rule, ordinance or other act of a district school board or of the
Department of Education that permits or authorizes the infliction
of corporal punishment upon a
{ - pupil - } { + 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 { - pupil - } { + 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 { - pupil - } { +
student + }.
**************************** SECTION 3. ORS 339.260 is amended
to read:
339.260. { - (1) No pupil shall willfully damage or injure
any school property or threaten or willfully injure any fellow
pupil or faculty member. - }
{ - (2) A pupil who violates subsection (1) of this section
may be disciplined, suspended or expelled. - }
{ - (3) - } { + (1) + } Any school district which is owed a
fee or the property of which has been lost or willfully damaged
or injured may withhold the grade reports, diploma or records of
the { - pupil - } { + student + } who owes the fee or is
Enrolled House Bill 2487 Page 3
responsible for the loss or damage until the { - pupil - }
{ + student + } or the parent or guardian of the
{ - pupil - } { + student + } has paid the amount owed.
{ - (4) - } { + (2) + } When the { - pupil - } { +
student + } or the parent or guardian of the { - pupil - }
{ + student + } is unable to pay the amount owed under
subsection { - (3) - } { + (1) + } of this section, the
school district may waive the amount owed.
{ - (5) - } { + (3) + } The parent or guardian of such
{ - pupil - } { + student + } shall be liable for damages as
otherwise provided by law.
{ - (6) - } { + (4) + } Notwithstanding subsections
{ - (3) and (4) - } { + (1) and (2) + } of this section, a
school district shall not withhold the education records of a
{ - pupil - } { + student + } in the circumstances described
in ORS 326.575 and applicable rules of the State Board of
Education or when such records are requested for use in the
appropriate placement of the { - pupil - } { + student + }.
{ - (7) - } { + (5) + } Before any grade reports, diplomas
or records are withheld under subsections { - (3) or (4) - }
{ + (1) or (2) + } of this section, a school district board of
directors shall adopt rules of procedure which { - insure - }
{ + ensure + } that the rights of the { - pupil - } { +
student + } to due process are protected.
{ - (8) - } { + (6) + } Nothing in subsection { - (3) - }
{ + (1) + } of this section is intended to prevent inspection of
student education records by a parent or legal guardian pursuant
to ORS 343.173, the rules of the State Board of Education and
applicable state and federal law.
**************************** SECTION 4. { + Each school
district board may establish student grading policies that permit
teachers to consider a student's attendance in determining the
student's grade or deciding whether the student should be granted
or denied credit. A student's attendance shall not be the sole
criterion for the reduction of a student's grade. Such policies
shall provide that prior to reduction of grade or denial of
credit:
(1) The teacher identifies how the student's attendance and
participation in class is related to the instructional goals of
the particular subject or course and gives notice to the student
and parents or guardian of the student.
(2) Procedures are in effect to ensure due process when the
grade is reduced or credit is denied for attendance rather than
academic reasons.
(3) The reasons for the nonattendance are considered and the
grade is not reduced or credit is not denied based on absences
due to:
(a) Religious reasons;
(b) A student's disability; or
(c) An excused absence as determined by the policy of the
school district. + }
**************************** SECTION 5. { + (1) A school
district board may establish a policy regarding when a school
superintendent or the board may file with the Department of
Transportation a written request to suspend the driving
privileges of a student or the right to apply for driving
privileges. Such policy shall include:
(a) A requirement that a superintendent or the school district
board may file with the Department of Transportation a written
request to suspend the driving privileges of a student or the
Enrolled House Bill 2487 Page 4
right to apply for driving privileges only if the student is at
least 15 years of age and:
(A) The student has been expelled for bringing a weapon to
school; or
(B) The student has been suspended or expelled at least twice
for assaulting or menacing a school employee or another student,
for willful damage or injury to school property or for use of
threats, intimidation, harassment or coercion against a school
employee or another student.
(b) A requirement that the school superintendent meet with the
parent or guardian of the student before submitting a written
request to the Department of Transportation.
(c) A requirement that the school superintendent or board may
request that the driving privileges of the student or the right
to apply for driving privileges be suspended for no more than one
year.
(d) Notwithstanding paragraph (c) of this subsection, a
requirement that, if a school superintendent or the school
district board files a second written request with the Department
of Transportation to suspend the driving privileges of a student
or the right to apply for driving privileges, those privileges
shall be suspended until the student is 21 years of age.
(e) A provision that a student may appeal the decision of a
school superintendent regarding driving privileges of a student
under the due process procedures of the school district for
suspensions and expulsions.
(2) If the driving privileges of a student are suspended, the
student may apply to the Department of Transportation for a
hardship driver permit under ORS 807.240. + }
**************************** SECTION 6.
**************************** { + + } ORS 809.410 is amended to
read:
809.410. This section, ORS 813.400 and 813.403 establish
grounds for the suspension and revocation of driving privileges
and commercial driver licenses by the Department of
Transportation, whether the suspension or revocation is mandatory
or permissive, the length of time the suspensions will be
effective and special provisions relating to certain suspensions
and revocations. Hearing and administrative review procedures for
this section, ORS 813.400 and 813.403 are established under ORS
809.440. The following apply as described:
(1) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle constitutes grounds for revocation of driving privileges.
The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period described in this
paragraph except that the department shall not reinstate any
driving privileges to the person until the person complies with
future responsibility filings. The period of revocation shall be
for a period of:
(A) Five years from the date of revocation except as provided
in subparagraph (B) of this paragraph.
(B) One year if the revocation is for an assault that is not
punishable as a felony.
(c) A person is entitled to administrative review of a
revocation under this subsection.
Enrolled House Bill 2487 Page 5
(d) The provisions of this subsection do not apply to a person
whose driving privileges are ordered revoked under ORS 809.235.
(2) Any degree of recklessly endangering another person,
menacing or criminal mischief resulting from the operation of a
motor vehicle constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(c) A suspension under this subsection shall be for a period
described under Schedule I of ORS 809.420, except that the
department shall not reinstate any driving privileges to the
person until the person has complied with future responsibility
filings.
(3) Perjury or the making of a false affidavit to the
department under any law of this state requiring the registration
of vehicles or regulating their operation on the highways
constitutes grounds for revocation of driving privileges. The
following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(4) Any felony conviction with proof of a material element
involving the operation of a motor vehicle constitutes grounds
for revocation of driving privileges. The following apply to this
subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(5) Failure to perform the duties of a driver to injured
persons under ORS 811.705 constitutes grounds for revocation of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall revoke the
driving privileges or right to apply for driving privileges.
(b) The revocation shall be for a period of one year from the
date of revocation except that the department shall not reinstate
any driving privileges to the person until the person complies
with future responsibility filings.
(c) A person is entitled to administrative review of a
revocation under this subsection.
(6) Reckless driving constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
Enrolled House Bill 2487 Page 6
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except that the department shall
not reinstate any driving privileges to the person until the
person complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(7) Failure to perform duties of a driver when property is
damaged under ORS 811.700 constitutes grounds for suspension of
driving privileges. The following apply to this subsection:
(a) Upon receipt of a record of conviction of an offense
described in this subsection, the department shall suspend the
driving privileges or right to apply for driving privileges.
(b) The suspension shall be for the periods of time described
under Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(8) Fleeing or attempting to elude a police officer under ORS
811.540 constitutes grounds for suspension of driving privileges.
The following apply to this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges.
(b) The suspension shall be for a period described under
Schedule I of ORS 809.420 except the department shall not
reinstate any driving privileges to the person until the person
complies with future responsibility filings.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(9) Failure to file accident reports required under ORS 811.725
or 811.730 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if the person fails to make
the required accident reports.
(b) The suspension shall continue until the person makes the
required reports and complies with future responsibility filings
or for five years from the date of suspension, whichever is
sooner.
(10) Failure to make future responsibility filing described in
this subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person who fails to
comply with future responsibility filings whenever required under
the vehicle code or to provide new proof for future
responsibility filings when requested by the department.
(b) The suspension shall continue until the person complies
with future responsibility filings.
(c) A person whose initial obligation to make future
responsibility filings is not based upon a conviction or other
action by a court is entitled to a contested case hearing prior
to a suspension under this subsection. A person whose obligation
to make future responsibility filings is based upon a conviction
or other action by a court is entitled to administrative review
of a suspension under this subsection. A person whose suspension
under this subsection is based on lapses in filing after the
initial filing has been made is entitled to administrative
review.
Enrolled House Bill 2487 Page 7
(11) Failure to settle judgments as described in this
subsection constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person has a judgment
of the type described under ORS 806.040 rendered against the
person and the person does not settle the judgment in the manner
described under ORS 809.470 within 60 days after its entry.
(b) A suspension under this subsection shall continue until the
person complies with future responsibility filings and does one
of the following:
(A) Settles the judgment in the manner described in ORS
809.470.
(B) Has an insurer which has been found by the department to be
obligated to pay the judgment provided that there has been no
final adjudication by a court that such insurer has no such
obligation.
(C) Gives evidence to the department that a period of seven
years has elapsed since the entry of the judgment.
(D) Receives from the court that rendered the judgment an order
permitting the payment thereof in installments.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(12) False certification of financial responsibility
requirements constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges if a person falsely
certifies the existence of a motor vehicle liability insurance
policy or the existence of some other means of satisfying
financial responsibility requirements or if a person, after
certifying the existence of a motor vehicle liability insurance
policy or other means of satisfying the requirements, allows the
policy to lapse or be canceled or otherwise fails to remain in
compliance with financial responsibility requirements.
(b) The department shall only suspend under this subsection if
proof of compliance with financial responsibility requirements as
of the date of the letter of verification from the department
under ORS 806.150 is not submitted within 30 days after the date
of the mailing of the department's demand therefor under ORS
806.160.
(c) The suspension shall continue until the person complies
with future responsibility filings.
(13) Failure to take examination upon request of the department
under ORS 807.340 constitutes grounds for suspension of driving
privileges. The following apply to this subsection:
(a) The department shall suspend the driving privileges or
right to apply for driving privileges of a person if the
department requests the person to submit to examination under ORS
807.340 and the person fails to appear within a reasonable length
of time after being notified to do so or fails to satisfactorily
complete the required examination.
(b) The suspension shall continue until the examination
required by the department is successfully completed.
(c) Upon suspension under this subsection, the department may
issue an identification card to the person for identification
purposes as described under ORS 807.400.
(14) Failure to obtain required medical clearance under ORS
807.070 or 807.090 upon request by the department constitutes
Enrolled House Bill 2487 Page 8
grounds for suspension of driving privileges. The following apply
to this subsection:
(a) The department shall suspend the driving privileges of the
person if the department requests the person to obtain medical
clearance described by this subsection and the person fails to do
so.
(b) The suspension under this subsection shall continue until
the required medical clearance is received by the department.
(15) Causing or contributing to an accident resulting in death
or injury to any other person or serious property damage through
incompetence, recklessness, criminal negligence or unlawful
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(16) Incompetence to drive a motor vehicle because of a mental
or physical condition rendering it unsafe for a person to drive a
motor vehicle upon the highways constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. A suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440 except that a person who has submitted
a certificate of eligibility under ORS 807.090 is entitled only
to administrative review of a suspension.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(17) Habitual incompetence, recklessness or criminal negligence
of a driver of a motor vehicle or committing a serious violation
of the motor vehicle laws of this state constitutes grounds for
suspension of driving privileges. The following apply to this
subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department has reason to believe that the person may endanger
people or property if not immediately suspended. Any suspension
under this paragraph shall be subject to a post-imposition
hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department and be subject to any
conditions the department determines necessary.
(18) A conviction under ORS 811.700 or 811.705 for failure to
perform the duties of a driver while operating a commercial motor
vehicle or any conviction of a crime punishable as a felony
involving the operation of a commercial motor vehicle constitutes
Enrolled House Bill 2487 Page 9
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for a period of time according to
the following:
(A) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was not driving a commercial motor
vehicle containing a hazardous material at the time the offense
was committed, the suspension shall be for a period of one year.
(B) If the person's commercial driver license has not
previously been suspended under this subsection, ORS 813.403 or
813.410 (2) and the person was driving a commercial motor vehicle
containing a hazardous material at the time the offense was
committed, the suspension shall be for a period of three years.
(C) If the person's commercial driver license has previously
been suspended under this subsection, ORS 813.403 or 813.410 (2),
the suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(19) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony involving the manufacturing,
distributing or dispensing of a controlled substance constitutes
grounds for commercial driver license suspension. The following
apply to this subsection:
(a) Upon receipt of a record of conviction for an offense
described in this subsection, the department shall suspend the
commercial driver license or right to apply for a commercial
driver license of the person convicted.
(b) The suspension shall be for the lifetime of the person.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(d) 'Controlled substance' has the meaning given that term in
ORS 475.005 (6).
(20) Incompetence to operate a motorcycle constitutes grounds
for revocation of a motorcycle indorsement. The following apply
to this subsection:
(a) Whenever the department has reason to believe an individual
with a motorcycle indorsement under ORS 807.170 comes within the
grounds described in this subsection, the department may revoke
the indorsement.
(b) Upon revocation under this subsection, the license shall be
surrendered to the department.
(c) Upon surrender of the indorsed license, the department may
issue a license without indorsement for the unexpired period of
the license.
(21) The department forthwith shall suspend the driving
privileges of any person for a period of time required by this
subsection if the person is involved in a motor vehicle accident
at any time when the department determines the person has been
operating a vehicle in violation of ORS 806.010. A suspension
under this subsection shall be for a period of one year except
that the department shall not reinstate any driving privileges to
the person until the person complies with future responsibility
filing requirements.
(22) Upon notification by the superintendent of a hospital
under ORS 807.700 that a person should not drive, the department
Enrolled House Bill 2487 Page 10
shall immediately suspend the driving privileges of the released
person. A suspension under this subsection is subject to
administrative review and shall continue until such time as the
person produces a judicial decree of competency or a certificate
from the superintendent of the hospital that the person is
competent or establishes eligibility under ORS 807.090.
(23) Upon notification by a court under ORS 153.625 that a
person charged with a traffic offense has been found guilty
except for insanity and committed to the jurisdiction of the
Psychiatric Security Review Board, the department shall
immediately suspend the driving privileges of the person. A
suspension under this subsection is subject to administrative
review and shall continue until such time as the person
establishes eligibility under ORS 807.090.
(24) The department shall suspend driving privileges when
provided under ORS 809.290. The suspension shall continue until
the earlier of the following:
(a) The person establishes to the satisfaction of the
department that the person has performed all acts necessary under
ORS 809.290 to make the person not subject to suspension.
(b) Five years from the date the suspension is imposed.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(25) Criminal trespass under ORS 164.245 that involves the
operation of a motor vehicle constitutes grounds for suspension
of driving privileges. The following apply to suspension on
grounds described in this subsection:
(a) Upon receipt of a conviction for an offense described in
this subsection, the department shall suspend the driving
privileges or right to apply for driving privileges of the person
convicted for a period of six months from the date of suspension.
(b) A person is entitled to administrative review of a
suspension under this subsection.
(26) Agreements entered under ORS 802.530 may establish grounds
and procedures for the suspension of driving privileges.
(27) Violation of restrictions placed on driving privileges
under ORS 807.120 or 809.310 constitutes grounds for suspension
of driving privileges. The following apply to this subsection:
(a) The department immediately may suspend the driving
privileges of any person without hearing and without receiving a
record of the conviction of such person of crime if the
department receives satisfactory evidence that the person has
violated restrictions placed on the person's driving privileges.
Any suspension under this paragraph shall be subject to a
post-imposition hearing under ORS 809.440.
(b) A suspension under this subsection shall continue for a
period determined by the department, but in no event for longer
than one year, and shall be subject to any conditions the
department determines necessary.
(28)(a) The department shall suspend driving privileges as
provided under ORS 809.405.
(b) The suspension shall continue until the person reaches 18
years of age or until the suspension is terminated as provided in
ORS 809.405.
(c) A person is entitled to administrative review of a
suspension under this subsection.
(29) Upon receipt of a record of a person's second conviction
of a serious traffic violation within a three-year period, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license if the
Enrolled House Bill 2487 Page 11
convictions arose out of separate incidents. A suspension under
this subsection shall be for a period of 60 days. A person is
entitled to administrative review of a suspension under this
subsection.
(30) Upon receipt of a record of a person's third or subsequent
conviction of a serious traffic violation within a three-year
period, the department shall suspend the person's commercial
driver license or right to apply for a commercial driver license
if the convictions arose out of separate incidents. A suspension
under this subsection shall be for a period of 120 days. A person
is entitled to administrative review of a suspension under this
subsection.
(31)(a) Upon receipt of a record of conviction of an offense
described in ORS 809.310, the department shall, or upon
determination by the department that the person has committed an
act that constitutes such an offense, the department may suspend
any driving privileges, any right to apply for privileges or any
identification card of the person convicted or determined to have
committed the act.
(b) A suspension under this section shall continue for a period
of one year.
(c) A person is entitled to administrative review of a
suspension under this subsection if the suspension is based upon
a conviction. If the suspension is based upon a determination by
the department, the person is entitled to a hearing as described
in ORS 809.440.
(32) Upon receipt of a first notice indicating that a person
has violated an out-of-service order issued under ORS 813.050 or
has knowingly violated any other out-of-service order or notice,
the department shall suspend the person's commercial driver
license or right to apply for a commercial driver license for a
period of 90 days. For purposes of this subsection, 'notice '
includes, but is not necessarily limited to, a record of
conviction and a record of a determination by a state or federal
agency with jurisdiction to make such determinations that the
person has violated an out-of-service order or notice. A person
is entitled to administrative review of a suspension under this
subsection.
(33) Upon receipt of a second or subsequent notice indicating
that a person has violated an out-of-service order issued under
ORS 813.050 or has knowingly violated any other out-of-service
order or notice, the department shall suspend the person's
commercial driver license or right to apply for a commercial
driver license for a period of not more than five years. The
department by rule may establish a suspension period of less than
five years if the department determines that it would be in the
public interest to do so and relevant laws or rules of the United
States authorize such a lesser suspension period. For purposes of
this subsection, 'notice' includes, but is not necessarily
limited to, a record of conviction and a record of a
determination by a state or federal agency with jurisdiction to
make such determinations that the person has violated an
out-of-service order or notice. A person is entitled to
administrative review of a suspension under this subsection.
{ + (34) Upon notification by a school superintendent or a
school district board under section 5 of this 1995 Act, the
department shall suspend the driving privileges of a person or
the right to apply for driving privileges. The suspension shall
be for the amount of time stated in the notice. A person is
Enrolled House Bill 2487 Page 12
entitled to administrative review of a suspension under this
subsection. + }
**************************** SECTION 7. ORS 336.635 is amended
to read:
336.635. (1) Pursuant to the proposal required in ORS 339.250
{ - (6)(a) to (c) - } { + (9)(a) to (c) + }, the parent or
guardian with the approval of the attending district may enroll
the { - pupil - } { + student + } in one of the proposed
appropriate and accessible public alternative programs or the
private alternative programs of instruction or instruction
combined with counseling registered with the Department of
Education. If the child is determined to be eligible for special
education under ORS 343.221 to 343.236 and 343.261 to 343.295,
the program must be approved by the Department of Education prior
to the placement of the { - pupil - } { + student + } in the
program. The { - pupil - } { + student + } enrolled pursuant
to this subsection shall be considered enrolled in the schools of
the district for purposes of the distribution of the State School
Fund.
(2) The alternate program in which the { - pupil - } { +
student + } enrolls shall notify the school district in which the
{ - pupil - } { + student + } or the { - pupil's - } { +
student's + } parents or legal guardian, if any, resided at the
time the { - pupil - } { + student + } enrolled of the
child's enrollment and may bill the school district for tuition.
The billing may be made annually or at the end of each term or
semester of the alternate program. For each full-time equivalent
{ - pupil - } { + student + } enrolled in the alternative
education program, as defined in ORS 336.615, the school district
shall pay the actual cost of the program or an amount at least
equivalent to 80 percent of the district's estimated current
year's average per { - pupil - } { + student + } net
operating expenditure, whichever is lesser, in accordance with
rules adopted by the State Board of Education. The alternate
program shall be accountable for the expenditures of all State
School Fund and other local school support moneys, providing the
school district with an annual statement of such expenditures.
(3) A private alternative program that is registered with the
Department of Education is not required to employ only licensed
teachers or administrators. Teachers and administrators in such
private programs shall not be considered employees of any
district for purposes of ORS 342.173.
(4) A school district is not required to provide a public
alternative program if there are public or private alternative
programs that are appropriate and accessible to the
{ - pupil - } { + student + } to which a { - pupil - } { +
student + } can be referred.
(5) Any Oregon teaching license is valid for teaching all
subjects and grade levels in an alternative education program
operated by a school district or education service district.
**************************** SECTION 8. ORS 336.665 is amended
to read:
336.665. (1) The Superintendent of Public Instruction shall
find a school district to be deficient within the meaning of ORS
327.103 if the district fails to cause the proposal of
alternative programs to be made under ORS 339.250 { - (6) or
(7) - } { + (9) or (10) + }.
(2) The failure to cause the proposal of alternative programs
shall not be grounds for a civil action against the school
district.
Enrolled House Bill 2487 Page 13
----------
Passed by House May 4, 1995
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 1995
...........................................................
President of Senate
Enrolled House Bill 2487 Page 14
Received by Governor:
......M.,............., 1995
Approved:
......M.,............., 1995
...........................................................
Governor
Filed by Office of Secretary of State:
......M.,............., 1995
...........................................................
Secretary of State
Enrolled House Bill 2487 Page 15