Student Rights and Responsibilities in Oregon

1. Student Rights and Responsibilities in Oregon Information in this Presentation provided by Multnomah Bar Association, Young Lawyers Section, 11th edition of Youth Faces the Law: A Juvenile Rights Handbook, Published May 2011, Website: http://www.mbabar.org/assets/documents/resources/juvrights.pdf, visited March 25, 2012. Image by: Physicians for Social Responsibility, website: http://www.psr.org/chapters/oregon/, visited March 25, 2012.

2. SchoolsThe Legislative Assembly shall provide by law for the establishment of a uniform, and general system of Common schools. Article VIII, Section 3 of the Oregon Constitution. • Schools cannot violate student rights under the United States Constitution and the Oregon Constitution. • Schools have the right to make and enforce rules dealing with student behavior. • School districts must prepare written rules of student conduct. • Individual schools can have additional rules, but cannot supersede rules of School district. • School districts must create procedures prior to expelling a student from school. • School districts must provide a copy of their rules to parents and students. Information in this Presentation provided by Multnomah Bar Association, Young Lawyers Section, 11th edition of Youth Faces the Law: A Juvenile Rights Handbook, Published May 2011, Website: http://www.mbabar.org/assets/documents/resources/juvrights.pdf, visited March 25, 2012. Image by: Bethlehem Township School District, website: http://www.btschools.org/btsd/site/default.asp, visited March 25, 2012.

3. Students • Violation of school rule could affect right to participate in public education system in the following manner: • Suspension – no longer than 10 days • Expulsion – removal from school longer than 10 days • Acts that can call for suspension or expulsion of student under Oregon law: • Willful disobedience • Open defiance of a teacher’s authority • Use of profane or obscene language • Willful damage to school property • Injuring or threatening to injure a fellow student or intimidating or harassing a school employee • Bringing weapons to school • School districts may request suspension of student’s driver’s license or permit if suspended or expelled Information in this Presentation provided by Multnomah Bar Association, Young Lawyers Section, 11th edition of Youth Faces the Law: A Juvenile Rights Handbook, Published May 2011, Website: http://www.mbabar.org/assets/documents/resources/juvrights.pdf, visited March 25, 2012. Image by: Rhode Island Kids Count, website: http://www.rikidscount.org/matriarch/MultiPiecePage.asp_Q_PageID_E_623_A_PageName_E_Whated, visited March 25, 2012.

4. Safety • School districts are required by Oregon law to provide safest school environment possible. ORS 339.312. • School districts must establish a policy prohibiting harassment, intimidation, bullying, and cyberbullying. ORS 339.356. • A safe and civil environment is necessary for students to learn and achieve high academic standards.ORS 339.353. • Harassment, intimidation or bullying and cyberbullying disrupts a student’s ability to learn and a school’s ability to educate its students in a safe environment. ORS 339.353. • School administrators, faculty, staff and volunteers must demonstrate appropriate behavior, treating others with civility and respect, refusing to tolerate harassment, intimidation or bullying and refusing to tolerate cyberbullying. ORS 339.353.

5. Harassment, Intimidation, and BullyingDefinition under Oregon law • “Harassment, intimidation or bullying” means any act that: • (a) Substantially interferes with a student’s educational benefits, • opportunities or performance; • (b) Takes place on or immediately adjacent to school grounds, at • any school-sponsored activity, on school-provided transportation or • at any official school bus stop; • (c) Has the effect of: • (A) Physically harming a student or damaging a student’s • property; • (B) Knowingly placing a student in reasonable fear of physical • harm to the student or damage to the student’s property; or • (C) Creating a hostile educational environment, including • interfering with the psychological well-being of a student; • and • (d) May be based on, but not be limited to, the protected class status of a person. • ORS 339.351.

6. Cyberbullying “Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully. ORS 339.351(1). Image by: TEENCYBERBULLYING, website: http://844037546818358573.weebly.com/index.html, visited March 25, 2012.

7. Changes to Oregon Law for 2012-2013 School YearHarassment, Intimidation, Bullying, and Cyberbullying • School districts shall adopt a policy prohibiting harassment, intimidation, or bullying and prohibiting cyberbullying after consultation with parents, guardians, school employees, volunteers, students, administrators and community representatives. • School employees must report these acts. • School districts must incorporate into existing training programs for students and school employees information related to the prevention of, and the appropriate response to these acts. • Allow student or volunteer to report voluntarily and anonymously. ORS 339.356 (effective July 1, 2012).

8. Thank you Please visit the Multnomah Bar Association website for information provided today in this presentation. Information from this presentation found in MBA Young Lawyers Section, May 2011 report entitled, "Youth Faces the Law: A Juvenile Rights Handbook,” 11th Edition at: www.mbabar.org. Other Resources: • Oregon Department of Education – Policy section, • School district specific websites, • American Civil Liberties Union of Oregon, Just for Youth section, and • Oregon Revised Statutes.