JHFDA - Suspension of Driving Privileges

Code: JHFDA
Adopted: 8/13/97

 

The superintendent may make a request to the Department of Transportation for the suspension of a student's driving privilege or the right to apply for driving privileges. Before a request is made, the following requirements will be met:

  1. The superintendent will notify the student and parent or guardian of the district's intent to submit a request to the Department of Transportation to suspend the student's driving privileges;

  2. The superintendent will schedule a meeting with the student and parent or guardian with at least seven calendar days notice. In accordance with law, all such meetings will be held before submitting a request to the Department of Transportation; 

  3. The request to the Department of Transportation will be in writing; 

  4. The student involved is at least 15 years of age; 

  5. The student has been expelled out of school for bringing a weapon to school; or 

  6. The student has been suspended out of school or expelled at least twice for any of the following reasons:

    1. Assaulting or menacing a school employee or another student;

    2. Willful damage or injury to district property;

    3. Use of threats, intimidation, harassment or coercion against a school employee or another student.

  7. The request to suspend a student=s driving privilege or the right to apply for a driving privilege shall not be for more than one year unless the superintendent is filing a second written request. A second request may state suspension of privileges until the student reaches 21 years of age; 

  8. The student has a right to appeal the superintendent=s decision through the district's expulsion due process procedure.

If driving privileges are suspended the student may apply to the Department of  transportation for a hardship permit.

Withdrawal

The superintendent may, under ORS 339.257, notify ODOT of the withdrawal from school of a student who is at least 15 years of age and under 18 years of age.

Upon receipt of the district's notice that a student has withdrawn from school, ODOT shall notify the student that driving privileges will be suspended on the 30th day following the date of notice unless the student presents documentation that complies with ORS 807.066. For purposes of this policy, a student shall be considered to have withdrawn from school if the student has:

  1. More than 10 consecutive school days of unexcused absences; or
  2. Fifteen school days total of unexcused absences during a single semester.

Appeals

The student has a right to appeal the superintendent=s decision through district procedures.


Legal Reference(s)

ORS 192.660
ORS 332.061
ORS 336.615 - 336.655
ORS 339.240 - 339.260
ORS 807.065
ORS 807.066
ORS 807.240
ORS 809.410
OAR 581-021-0065
OAR 581-021-0070