School Discipline

School Discipline In Oregon

Oregon public schools are required to develop and enforce various student discipline policies that follow Oregon and federal law. Oregon law ORS 339.250 outlines expectations for student behavior and requires school districts to adopt clear, age-appropriate discipline policies that are fair, effective, and focused on keeping students learning. Discipline must protect safety while helping students learn from their mistakes, stay in school, and succeed.

• Define behavior expectations and consequences in a student handbook or code of conduct.
• Ensure discipline is fair, developmentally appropriate, and not biased against any protected group.
• Consider a student’s age and behavior history before suspension or expulsion.
• Limit expulsion to serious safety threats or when legally required.
• Restrict out-of-school suspension and expulsion for students in grade 5 or below to extreme cases of harm or threat.
• Cap suspensions at 10 days and expulsions at one calendar year.
• Offer alternative learning options whenever possible.

Educators are responsible for implementing positive behavioral interventions, strategies, and supports, as well as positive academic and social learning opportunities to address student behavior when it impedes their learning or the learning of others. The Oregon Department of Education (ODE) is committed to supporting school districts, education service districts (ESDs), and programs through technical assistance, training and guidance to ensure safe and inclusive learning environments for all students. Below are resources that can help to improve school discipline practices:

ODE Resources

• Addressing Informal Removals of Students Experiencing Disability: A Guide for ESD, District and School Personnel and IEP Teams
• Counting Disciplinary Removals in Oregon
• Crisis Lines and Behavioral Mental Health
• Discipline Flow Chart: for special education students under IDEA
• Manifestation Determinations as a Tool for Support: A Guide for Teams, School Administrators, and Educators
• Oregon Law & School Discipline: A Quick Guide
• Re-Engaging with Success After an Exclusionary Discipline Event
• Resources for Schools to Use in Addressing Exclusionary Discipline, Including Informal Removals
• Understanding the Complexity of Student Behavior: An Empathetic Approach

Data Collection

Information on the Discipline Incidents Data Collection

Federal Guiding Principles for Discipline

The U.S. Department of Education issued guiding principles for discipline (March 2023) imploring schools to “treat students with dignity and respect” and to cease disproportionate use of exclusionary discipline. The document also lists federal resources to support these efforts. The five guiding principles are:

1. Foster a sense of belonging through a positive, safe, welcoming, and inclusive school environment;
2. Support the social, emotional, physical, and mental health needs of all students through evidence-based strategies;
3. Adequately support high-quality teaching and learning by increasing educator capacity;
4. Recruit and retain a diverse educator workforce; and
5. Ensure the fair administration of student discipline policies in ways that treat students with dignity and respect (including through systemwide policy and staff development and monitoring strategies).

The U.S. Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) have released federal guidance to help public schools support students with disabilities and prevent the use of discriminatory discipline practices. The resources clarify that schools can uphold student safety while complying with both Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). These laws require schools to ensure that students with disabilities receive appropriate supports and are not disciplined for behavior that is a manifestation of their disability.

• Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 and an accompanying Fact Sheet.
• Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act's (IDEA's) Discipline Provisions.
• Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders. And,
• A letter from Secretary Cardona to our nation's educators, school leaders, parents, and students about the importance of supporting the needs of students with disabilities.

Using Functional Behavioral Assessments to Create Supportive Learning Environments (Published: November 2024)
This U.S. Department of Education, Office of Special Education and Rehabilitative Services & Office of Elementary and Secondary Education resource outlines how to use Functional Behavioral Assessments (FBAs) as a foundation for effective behavior supports and inclusive practices.

Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders ( Published: July 2022)
This U.S. Department of Education, Office of Special Education Programs guide offers practical recommendations to help schools, families, and communities create positive and inclusive learning environments for students with disabilities.

Dear Colleague Letter on the Inclusion of Behavioral Supports in Individualized Education Programs

School Discipline Information and Resources

• Dignity in Schools Campaign: model code on education & dignity
• Institute of Education Sciences (IES) National Center for Education Research (NCER)
• National Center on Safe Supportive Learning Environments (NCSSLE)
• Oregon Educator Equity Lens: educator tool for considering how decisions and actions impact racial equity and social justice in decision making, as exclusionary discipline disproportionately affects students from certain backgrounds
• Parent Center Resources on Positive Behavior Supports, Functional Behavioral Assessment, and School Discipline
• Positive Behavioral Interventions and Supports
  
• Using Data to Promote Equity in School Discipline
  

Contact

Lisa Joy Bateman