Oregon - Limits on Referrals to Law Enforcement: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law authorizes districts to refer students to local law enforcement or does not address law enforcement reporting other than for federally-mandated reporting for selected offense types.

Oregon Revised Statutes 339.250 Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies.

(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.
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