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A 13-year-old in Medford is sent home after a shoving match in the hallway. His mother wants to know how long the school can keep him out and whether anyone has to listen to his side. Oregon law answers both questions, and it adds protections that federal law does not.
Attendance and the limits on discipline
In Oregon, children between 6 and 18 who have not finished 12th grade must attend school regularly. Because school is required, taking a student out of it has limits.
Under ORS 339.250, every district must write a discipline policy, and that policy must follow state rules. A suspension (being kept out of school for a short time) can last no more than 10 school days. An expulsion (removal for a longer time) can last no more than one calendar year. Before either one, the school must consider the student's age and past behavior. Expulsion is allowed only for conduct that threatens health or safety, when other strategies have failed, or when another law requires it, and it can never be used for truancy (skipping school).
There is one big exception to the one-year cap. A student who brings a firearm to school must be expelled for at least one year, though the superintendent can change that case by case.
Your side of the story, and the youngest students
The federal floor comes from Goss v. Lopez (1975). The Supreme Court said that before a suspension of 10 days or less, a student must get notice of the charges and, if the student denies them, an explanation of the evidence and a chance to tell their side. Ask for that conversation. You are allowed to. Your district's student handbook, which Oregon requires every district to publish, describes the local steps for longer removals and appeals.
Oregon adds a rule for students in fifth grade or lower. They can be given an out-of-school suspension or expelled only for deliberate conduct that seriously hurts someone, for a direct threat to safety, or when the law requires it. After such a suspension, the district must take steps to return the child to class.
Oregon also bans corporal punishment (a staff member deliberately causing a student physical pain) in public schools.
Bullying reports and hair discrimination
Every Oregon district must have a policy against harassment, intimidation, bullying, and cyberbullying. It covers school grounds, school events, school buses, and official bus stops. Any school employee who sees bullying or hears reliable information about it must report it to the official named in the policy. Students can report anonymously. The district must investigate promptly and, in most cases, notify the parents of both students involved. Nobody may retaliate against a student who reports or witnesses bullying. If you think the school handled it badly, the policy must let you ask the district to review the school's response.
Oregon's CROWN Act, House Bill 2935, signed in 2021, bans discrimination in public schools based on natural hair, hair texture, and protective hairstyles such as braids, locs, and twists.
Where to take a complaint
Start with your school and district. Ask for the student handbook and the bullying policy in writing, and put your complaint in writing too. Keep copies and dates.
If that does not work, the Oregon Department of Education (ODE) handles several kinds of complaints, including discrimination, restraint and seclusion, and violations of state education standards known as Division 22. Its front desk is at 503-947-5600. For hair discrimination or other civil rights questions, ODE's civil rights team answers at ODE.CivilRightsSupport@ode.oregon.gov or 971-673-2777.
À retenir
- In Oregon, a suspension can last no more than 10 school days and an expulsion no more than one calendar year, except for firearms.
- Goss v. Lopez (1975) gives you the right to hear the charges and tell your side before a short suspension.
- Students in fifth grade or lower can be suspended out of school only for serious harm, a direct safety threat, or when the law requires it.
- Put complaints in writing to the district first, then contact ODE at 503-947-5600 if the problem is not fixed.
Sources
- Oregon Legislature: ORS Chapter 339, School attendance, admission, discipline, safety (s'ouvre dans un nouvel onglet)
- Oregon Department of Education: Complaints (s'ouvre dans un nouvel onglet)
- Oregon Department of Education: Hair discrimination and the CROWN Act (s'ouvre dans un nouvel onglet)
- Legal Information Institute: Goss v. Lopez, 419 U.S. 565 (1975) (s'ouvre dans un nouvel onglet)
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