Oregon § 339.252 Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures

Oregon Statutes

§ 339.252 — Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures

Oregon § 339.252

Vol.9

Title 30Education and Culture

Ch. 339School Attendance; Admission; Discipline; Safety

This text of Oregon § 339.252 (Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 339.252 (2026).

Text

(1)As used in this section, “child with a disability” has the meaning given that term in ORS 343.035.

(2)A child with a disability continues to be entitled to a free appropriate public education if the child has been removed for disciplinary reasons from the child’s current educational placement for more than 10 school days in a school year.

(3)A disciplinary removal is considered a change in educational placement and the school district shall follow special education due process procedures under ORS 343.155 (5) if:

(a)The removal is for more than 10 consecutive school days; or

(b)The child is removed for more than 10 cumulative school days in a school year, and those removals constitute a pattern based on the length and total time of removals and the proximity of the removals to one

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(1) As used in this section, “child with a disability” has the meaning given that term in ORS 343.035.
(2) A child with a disability continues to be entitled to a free appropriate public education if the child has been removed for disciplinary reasons from the child’s current educational placement for more than 10 school days in a school year.
(3) A disciplinary removal is considered a change in educational placement and the school district shall follow special education due process procedures under ORS 343.155 (5) if:
(a) The removal is for more than 10 consecutive school days; or
(b) The child is removed for more than 10 cumulative school days in a school year, and those removals constitute a pattern based on the length and total time of removals and the proximity of the removals to one another.
(4) A child with a disability shall not be removed for disciplinary reasons under subsection (3) of this section for misconduct that is a manifestation of the child’s disability, except as provided under ORS 343.177.
(5) Notwithstanding ORS 339.250 (5)(h) or (7)(c)(B), a school district shall provide a free appropriate public education in an alternative setting to a child with a disability even if the basis for expulsion was a weapon violation pursuant to ORS 339.250 (7).
(6) School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct.