Requires school districts and public charter schools to implement a schedule for high schools that does not start regular instructional hours before 8:30 a.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2359
Sponsored by Representative MCLAIN, Senator FREDERICK (at the request of Multnomah Youth Commission)
(Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Requires high schools to start no earlier than 8:30 a.m. (Flesch Readability Score: 61.3).
Requires school districts and public charter schools to implement a schedule for high schools
that does not start regular instructional hours before 8:30 a.m.
Directs the Department of Education to provide technical assistance and to award grants re-
lated to the implementation of the school starting time requirement.
A BILL FOR AN ACT
Relating to school starting times; creating new provisions; and amending ORS 332.075, 336.680,
338.025 and 338.115.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 332.075 is amended to read:
332.075. (1) Any district school board may:
(a) Fix the days of the year and the hours of the day when schools shall be in session[ .], except
that a school with any grade from 9 through 12 may not start regular instructional hours
at any time before 8:30 a.m. unless the school is a rural school, as defined by the State Board
of Education by rule.
(b) Adopt textbooks and other instructional materials as provided in ORS 337.120 and 337.141
and courses of study for the use of such schools as provided in ORS 336.035.
(c) Authorize the use of the schools for purposes of training students of an approved educator
preparation provider, as defined in ORS 342.120, and for such purposes may enter into contracts
with the approved educator preparation provider on such terms as may be agreed upon. Such con-
tracts as they relate to student teachers shall have the same effect and be subject to the same
regulations as a contract between a licensed teacher and a district school board.
(d) Develop and operate with other school districts or community college districts secondary
career and technical education programs for pupils of more than one district and fix by agreement
the duration of the district’s obligation to continue such activity, subject to the availability of funds
therefor.
(e) Authorize the school district to be a member of and pay fees, if any, to any voluntary or-
ganization that administers interscholastic activities or that facilitates the scheduling and pro-
gramming of interscholastic activities only if the organization:
(A) Implements equity focused policies that:
(i) Address the use of derogatory or inappropriate names, insults, verbal assaults, profanity or
ridicule that occurs at an interscholastic activity, including by spectators of the interscholastic ac-
tivity;
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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(ii) Prohibit discrimination as defined in ORS 659.850;
(iii) Permit a student to wear religious clothing in accordance with the student’s sincerely held
religious belief and consistent with any safety and health requirements; and
(iv) Balance the health, safety and reasonable accommodation needs of participants on an
activity-by-activity basis;
(B) Maintains a transparent complaint process that:
(i) Has a reporting system to allow participants of interscholastic activities or members of the
public to make complaints about student, coach or spectator behavior;
(ii) Responds to a complaint made under sub-subparagraph (i) of this subparagraph within 48
hours of the complaint being received; and
(iii) Strives to resolve a complaint received under sub-subparagraph (i) of this subparagraph
within 30 days of the complaint being received;
(C) Develops and implements a system of sanctions against schools, students, coaches and spec-
tators if a complaint made under subparagraph (B) of this paragraph is verified; and
(D) Performs an annual survey of students and their parents to understand and respond to po-
tential violations of equity focused policies adopted under subparagraph (A) of this paragraph or
violations of ORS 659.850.
(f) Accept money or property donated for the use or benefit of the school district and, consistent
with the laws of this state, use such money or property for the purpose for which it was donated.
(g) Enter into an approved written agreement with the governing body of a federally recognized
Native American tribe in Oregon to allow the use of a mascot that represents, is associated with
or is significant to the Native American tribe entering into the agreement. An agreement entered
into under this paragraph must:
(A) Describe the acceptable uses of the mascot;
(B) Comply with rules adopted by the State Board of Education that:
(i) Are adopted after consultation with the federally recognized tribes in Oregon pursuant to
ORS 182.164 (3); and
(ii) Prescribe the requirements for approval; and
(C) Be approved by the State Board of Education, which the board must provide if the agreement
meets the requirements of this paragraph and the rules adopted under this paragraph.
(2) All contracts of the school district must be approved by the district school board before an
order can be drawn for payment. If a contract is made without the authority of the district school
board, the individual making such contract shall be personally liable.
(3) Notwithstanding subsection (2) of this section, a district school board may, by resolution or
policy, authorize its superintendent or the superintendent’s designee to enter into and approve pay-
ment on contracts for products, materials, supplies, capital outlay, equipment and services that are
within appropriations made by the district school board pursuant to ORS 294.456. A district school
board may not authorize its superintendent or the superintendent’s designee under this subsection
to enter into and approve payment on contracts that are collective bargaining agreements or service
contracts that include the provision of labor performed by employees of the school district.
SECTION 2.
ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply only to school district boards, school districts or other
public schools do not apply to public charter schools. However, the following laws do apply to public
charter schools:
(a) Federal law;
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(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.311 to 192.478 (public records law);
(d) ORS 192.610 to 192.705 (public meetings law);
(e) ORS chapters 279A, 279B and 279C (Public Contracting Code);
(f) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(g) ORS 326.565, 326.575 and 326.580 (student records);
(h) ORS 181A.195, 326.603, 326.607 and 342.223 (criminal records checks);
(i) ORS 329.045 (academic content standards and instruction);
(j) ORS 329.451 (high school diploma, modified diploma, extended diploma and certificate of at-
tendance);
(k) ORS 329.496 (physical education);
(L) The statewide assessment system developed by the Department of Education for mathemat-
ics, science and language arts under ORS 329.485 (2);
(m) 332.075 (1)(a) (school starting times);
[(m)] (n) ORS 336.840 (use of personal electronic devices);
[(n)] (o) ORS 337.150 (textbooks);
[(o)] (p) ORS 339.119 (consideration for educational services);
[(p)] (q) ORS 339.141, 339.147 and 339.155 (tuition and fees);
[(q)] (r) ORS 339.250 (9) (prohibition on infliction of corporal punishment);
[(r)] (s) ORS 339.326 (notice concerning students subject to juvenile court petitions);
[(s)] (t) ORS 339.370 to 339.400 (reporting of suspected abuse and suspected sexual conduct);
[(t)] (u) ORS 342.856 (core teaching standards);
[(u)] (v) ORS chapter 657 (Employment Department Law);
[(v)] (w) ORS 332.505 (2), 659.850, 659.855 and 659.860 (discrimination);
[(w)] (x) Any statute or rule that establishes requirements for instructional time provided by a
school during each day or during a year;
[(x)] (y) Statutes and rules that expressly apply to public charter schools;
[(y)] (z) Statutes and rules that apply to a special government body, as defined in ORS 174.117,
or a public body, as defined in ORS 174.109;
[(z)] (aa) Health and safety statutes and rules;
[(aa)] (bb) Any statute or rule that is listed in the charter; and
[(bb)] (cc) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules
that apply only to school district boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school, then the terms “school district” and
“public school” include public charter school as those terms are used in that statute or rule.
(4) A public charter school may not violate the Establishment Clause of the First Amendment
to the United States Constitution or Article I, section 5, of the Oregon Constitution, or be religion
based.
(5)(a) A public charter school shall maintain an active enrollment of at least 25 students.
(b) For a public charter school that provides educational services under a cooperative agree-
ment described in ORS 338.080, the public charter school is in compliance with the requirements of
this subsection if the public charter school provides educational services under the cooperative
agreement to at least 25 students, without regard to the school districts in which the students are
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residents.
(6) A public charter school may sue or be sued as a separate legal entity.
(7) The sponsor, members of the governing board of the sponsor acting in their official capacities
and employees of a sponsor acting in their official capacities are immune from civil liability with
respect to all activities related to a public charter school within the scope of their duties or em-
ployment.
(8) A public charter school may enter into contracts and may lease facilities and services from
a school district, education service district, public university listed in ORS 352.002, other govern-
mental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds under which the public incurs li-
ability.
(10) A public charter school may receive and accept gifts, grants and donations from any source
for expenditure to carry out the lawful functions of the school.
(11) The school district in which the public charter school is located shall offer high school di-
plomas, modified diplomas, extended diplomas and certificates of attendance to any public charter
school students who meet the district’s and state’s standards for a high school diploma, a modified
diploma, an extended diploma or a certificate of attendance.
(12) A high school diploma, a modified diploma or an extended diploma issued by a public
charter school grants to the holder the same rights and privileges as a high school diploma, a
modified diploma or an extended diploma issued by a nonchartered public school. A certificate of
attendance issued by a public charter school shall have the same restrictions as a certificate of at-
tendance issued by a nonchartered public school.
(13) Prior to beginning operation, the public charter school shall show proof of insurance to the
sponsor as specified in the charter.
(14) A public charter school may receive services from an education service district in the same
manner as a nonchartered public school in the school district in which the public charter school is
located.
SECTION 3.
ORS 338.025 is amended to read:
338.025. (1) The State Board of Education may adopt any rules necessary for the implementation
of this chapter. The rules shall follow the intent of this chapter.
(2) Upon application by a public charter school, the State Board of Education may grant a
waiver of any provision of this chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families to the public education of their
choice, extends the equitable access to public support by all students or permits high quality pro-
grams of unusual cost. The State Board of Education may not waive any appeal provision in this
chapter or any provision under ORS 338.115 (1)(a) to [ (aa)] (bb), 338.120, 338.125 (5), 338.135 (2)(b)
or 339.122.
SECTION 4. ORS 336.680, as amended by section 45, chapter 95, Oregon Laws 2024, is amended
to read:
336.680. (1) As used in this section, “approved recovery school” means a school that is under
an agreement with the Department of Education to provide students enrolled in the school with a
holistic approach to:
(a) Educational services for grades 9 through 12; and
(b) Health care services related to recovery from substance use disorders.
(2) The department shall provide or cause to be provided appropriate education for students
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enrolled in an approved recovery school. For the purpose of paying the costs of providing education
to students enrolled in an approved recovery school, the Superintendent of Public Instruction shall
make the following:
(a) Payments from amounts available from the State School Fund under ORS 327.029.
(b) Payments from the Statewide Education Initiatives Account, as provided by rule adopted by
the State Board of Education in collaboration with the advisory committee convened under ORS
336.685. The rules adopted as provided by this paragraph may include a minimum amount, a maxi-
mum amount or both for approved recovery schools.
(3) The Superintendent of Public Instruction may contract with a school district, an education
service district or a public charter school to provide or cause to be provided appropriate education
to students enrolled in an approved recovery school. Unless otherwise specified, any educational
services provided under a contract entered into under this subsection shall be paid as described in
this section and not by any other state moneys distributed based on average daily membership that
are available to the school district, education service district or public charter school for the pur-
pose of providing educational services.
(4) The State Board of Education shall adopt by rule the standards for a recovery school to
become and operate as an approved recovery school. The standards must provide that:
(a) The recovery school must align, to the extent identified by the board, with standards for
accreditation established by a nonprofit accrediting organization composed of representatives of re-
covery schools and individuals who support the growth of recovery schools. The standards must in-
clude requirements that:
(A) The recovery school, in compliance with timelines established by the department, be ac-
credited by a nonprofit accrediting organization that establishes standards for recovery schools.
Nothing in this subparagraph requires the recovery school to be accredited at the time the super-
intendent first enters into a contract with the recovery school.
(B) Student enrollment in the recovery school is voluntary. No school district or state or local
agency may compel or otherwise require a student to enroll in a recovery school. Students enrolled
in an approved recovery school may not be counted in determining the number of pupils in average
daily membership for purposes of ORS 334.175 (5).
(C) All students who reside in this state and who meet the eligibility criteria established under
subsection (8) of this section may enroll in an approved recovery school if space is available. If
space is not available, the approved recovery school may prioritize for enrollment student groups
identified in ORS 327.180 (2)(b).
(D) The school district, education service district or public charter school with which the de-
partment has entered into a contract for a recovery school must agree to award high school diplo-
mas, modified diplomas, extended diplomas and alternative certificates as provided by ORS 329.451
and 339.877. An entity that awards high school diplomas as provided by this subparagraph:
(i) May not impose requirements for a high school diploma that are in addition to the require-
ments prescribed by ORS 329.451 (2)(a) or by rule of the State Board of Education; and
(ii) Must accept any credits previously earned by students in another school or educational
program in this state and apply those credits toward the requirements prescribed by ORS 329.451
(2)(a) or by rule of the State Board of Education.
(E) Except as provided by subparagraphs (F) and (G) of this paragraph, the recovery school must
satisfy the same laws that apply to public charter schools under ORS 338.115.
(F) All administrators and teachers at the recovery school must be licensed by the Teacher
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Standards and Practices Commission.
(G) An approved recovery school is not required to comply with the enrollment requirements
prescribed by ORS 338.115 [ (1)(bb)] (1)(cc) or (5).
(H) An approved recovery school must comply with the requirements of the uniform budget and
accounting system adopted by rule of the State Board of Education under ORS 327.511.
(b) Recovery schools will be approved, to the greatest extent practicable, in a manner that:
(A) Represents a geographic distribution across this state; and
(B) Takes into consideration the needs for services by the community in which the recovery
school would be located.
(5) Any school that provides the services of a recovery school may enter into a contract with
the superintendent to become an approved recovery school, including schools already providing the
services of a recovery school and schools that are proposing to provide the services of a recovery
school.
(6) An approved recovery school may enter into agreements with other entities, including
community-based organizations and federally recognized tribes of this state, for the purposes of
providing educational and health care services to students enrolled in the approved recovery school.
(7)(a) The department shall be responsible for:
(A) Identifying, locating and evaluating students enrolled in an approved recovery school who
may be in need of special education and related services; and
(B) Ensuring that eligible students receive special education and related services.
(b) For the purpose of this subsection, the department may enter into a contract with a school
district or an education service district.
(8) The department shall establish eligibility criteria for students to enroll in an approved re-
covery school, based on input from the advisory committee convened under ORS 336.685 and based
on research from a nonprofit organization composed of representatives of recovery schools and in-
dividuals who support the growth of recovery schools and other relevant organizations.
(9) For the purposes of administering this section:
(a) The State Board of Education shall adopt any necessary rules.
(b) The department shall collaborate with the Oregon Health Authority, the Youth Development
Division, the Alcohol and Drug Policy Commission, the Oregon Youth Authority, the Department
of Human Services and local public health and mental health authorities or providers and shall co-
ordinate, to the greatest extent practicable, funding of services provided in relation to approved
recovery schools.
(10) Each biennium, the Department of Education shall prepare a report on the progress, suc-
cesses and challenges of approved recovery schools and submit that report to:
(a) The interim committees of the Legislative Assembly related to education; and
(b) The advisory committee convened under ORS 336.685.
SECTION 5.
(1) The amendments to ORS 332.075, 336.680, 338.025 and 338.115 by sections
1 to 4 of this 2025 Act become operative on July 1, 2027.
(2) The amendments to ORS 332.075, 336.680, 338.025 and 338.115 by sections 1 to 4 of this
2025 Act first apply to the 2027-2028 school year.
SECTION 6. (1) To assist school districts and public charter schools with implementation
of the instructional starting times requirement prescribed by ORS 332.075, as amended by
section 1 of this 2025 Act, the Department of Education shall:
(a) Provide technical assistance as described in subsection (2) of this section; and
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(b) Award grants as described in subsection (3) of this section.
(2) The technical assistance provided under this section must include:
(a) Guidance with finding local, evidence-based, cost-efficient strategies for implementa-
tion of the instructional starting times requirement;
(b) Assistance with changing transportation schedules and systems to accommodate the
implementation of the instructional starting times requirement; and
(c) Information on the department’s website that addresses research on:
(A) The impact of sleep deprivation on adolescents and the benefits of developmentally
appropriate school start times; and
(B) The health, safety, academic and socioeconomic benefits of developmentally appro-
priate school start times.
(3)(a) The grants awarded under this section shall be awarded by the department based
on criteria established by the State Board of Education by rule. The criteria:
(A) Must allow a grant applicant to request moneys for one-time necessary and direct
costs incurred by the grant applicant due to the instructional starting times requirement.
Eligible costs include costs incurred for facility upgrades due to later instructional ending
times, costs incurred for communicating with persons affected by the instructional starting
time requirement and costs incurred for new school buses.
(B) May not allow a grant applicant to request moneys for ongoing costs incurred by the
grant applicant due to the instructional starting times requirement. Ineligible costs include
costs incurred for staff required to implement the instructional starting times requirement
or costs incurred for additional transportation staff needed for the instructional starting
times requirement.
(C) Must require the grant applicant to demonstrate that a no-cost alternative is not
available or is not feasible.
(b) The State Board of Education shall adopt by rule a method for prorating or prior-
itizing amounts awarded as grants under this subsection if sufficient funding is not available
for all amounts requested by all grant applicants.
(4) Each school district and public charter school shall:
(a) Directly inform parents, teachers, school administrators, athletic coaches and other
members of the community about the information described in subsection (2)(c) of this sec-
tion.
(b) Provide a link to the department’s website for the information described in subsection
(2)(c) of this section.
SECTION 7.
Section 6 of this 2025 Act is repealed on June 30, 2027.
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