Oregon Statutes 343.331 – Exemptions from applicability of abbreviated school day program requirements
ORS § 343.322, 343.324, 343.326 and 343.328 do not apply to any of the following:
Terms Used In Oregon Statutes 343.331
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:
(a) Communication development;
(b) Social or emotional development;
(c) Physical development, including vision and hearing;
(d) Adaptive development; and
(e) Cognitive development. See Oregon Statutes 343.035
- Order: has the meaning given that term in ORS Chapter 183. See Oregon Statutes 343.035
- Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
- School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
(1) Any abbreviated school days that are a component of discipline imposed in compliance with ORS § 339.250, 339.252 or 343.155 (5) or that are the result of a placement made as provided by ORS § 343.177.
(2) A student’s exclusion from schools due to the student’s immunization status or due to the student’s exposure to a restrictable disease, as provided by ORS § 433.235 to 433.284.
(3) The exclusion of a student from schools or the closure or restriction of access to schools due to actions taken under a public health emergency authorized under ORS § 433.441 to 433.452.
(4) A student who has fulfilled all state requirements for graduation with a high school diploma, as described in ORS § 329.451 (2), when the parent or foster parent has agreed to the abbreviated school day program.
(5) A student enrolled in a program described in ORS § 336.585, 336.590, 339.129, 343.261, 343.961 (1)(c)(A)(i) or 346.010, if the student has meaningful access to the same number of hours of instruction and educational services as the majority of other students enrolled in the same program as the student.
(6) A student whose parent or foster parent has notified an education service district that the student is being taught by a parent, legal guardian or private teacher under ORS § 339.035.
(7) A student who is excluded from, or limited access to, school due to a court order.
(8) A high school student who is voluntarily enrolled in an alternative education program in compliance with ORS § 336.635, the Expanded Options Program under ORS § 340.005 to 340.090 or an accelerated college credit program as defined in ORS § 340.300, when:
(a) The majority of the students of the program are not students with disabilities;
(b) The student is not restricted to attending fewer hours of instruction and educational services than the number of hours of instruction and educational services attended by the majority of students without disabilities who are in the same grade and who attend the same program; and
(c) For an alternative education program in which the student is enrolled under ORS § 336.635, the school district informs the parent or foster parent, in writing and in a language and format accessible to the parent or foster parent, that upon written request of the parent or foster parent, the student will be immediately restored to a school that allows the student to access the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district. [2023 c.290 § 6]
See note under 343.321.