339.254¹

Suspension of student driving privileges

• policy content

(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 provision authorizing the superintendent or the school district board to 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 only if the student is at least 15 years of age and:

(A) The student has been expelled for bringing a weapon to school;

(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; or

(C) The student has been suspended or expelled at least twice for possessing, using or delivering any controlled substance or for being under the influence of any controlled substance at a school or on school property or at a school sponsored activity, function or event.

(b) A provision requiring the school superintendent to meet with the parent or guardian of the student before submitting a written request to the Department of Transportation.

(c) A provision authorizing the school superintendent or board to 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 provision stating 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, the request is that those privileges 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 (Hardship permit). [1995 c.656 §5; 2003 c.695 §1; 2005 c.209 §30]

Annotations Related

§§ 339.240 (Rules of student conduct, discipline and rights) to 339.270 (Assessment of costs of school property damage against responsible student or parents or guardian)

Law Review Cita­tions

7 WLJ 419-434 (1971)

 

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1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, http://­www.­leg.­state.­or.­us/­ors/­339.­html (2011) (last ac­cessed Mar. 25, 2012).

2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2011, Chapter 339, http://­www.­leg.­state.­or.­us/­ors/­annos/­339ano.­htm (2011) (last ac­cessed Mar. 25, 2012).

3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.

§§ 339.240 (Rules of student conduct, discipline and rights) to 339.270 (Assessment of costs of school property damage against responsible student or parents or guardian)

Law Review Cita­tions

7 WLJ 419-434 (1971)

Source: http://www.oregonlaws.org/ors/339.254