{"data":{"id":"us-or/ors-339.252","jurisdiction":"us-or","citation":"ORS 339.252","heading":"Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures.","body":"(1) As used in this section, “child with a disability” has the meaning given that term in ORS 343.035.\n      (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.\n      (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:\n      (a) The removal is for more than 10 consecutive school days; or\n      (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.\n      (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.\n      (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).\n      (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.","path":["09 - Education and Culture","30. Education and Culture","Chapter 339 — School Attendance; Admission; Discipline; Safety"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors339.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:13Z","sha256":"58b3197c5e49e78f1696ef86de54852139f35bdf042971a9f5663e79a363fb43","source_id":"us-or","stale":false,"prev":"us-or/ors-339.250","next":"us-or/ors-339.253"},"notice":"GroundRules: Original legal text. Not legal advice."}