Chapter 233
AN ACT
SB 380
Relating to school employees; amending ORS 339.375; and declaring an
emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 339.375 is amended to read:
339.375. (1) Any school
employee having reasonable cause to believe that any child with whom the
employee comes in contact has suffered abuse by another school employee, or
that another school employee with whom the employee comes in contact has abused
a child, shall immediately report the information to:
(a) A supervisor or
other person designated by the school board; and
(b) A law enforcement
agency, the Department of Human Services or a designee of the department as
required by ORS 419B.010 and 419B.015.
(2) A supervisor or
other person designated by the school board who receives a report under
subsection (1) of this section, shall follow the procedures required by the
policy adopted by the school board under ORS 339.372.
(3) Except as provided
in subsection (4) of this section, when an education provider receives a report
of suspected child abuse by one of its employees, and the education provider’s
designee determines that there is reasonable cause to support the report, the
education provider shall place the school employee on paid administrative leave
until either:
(a) The Department of
Human Services or a law enforcement agency determines that the report is unfounded or that the report will not be pursued;
or
(b) The Department of
Human Services or a law enforcement agency determines that the report is
founded and the education provider takes the appropriate disciplinary action
against the school employee.
(4) If the Department of
Human Services or a law enforcement agency is unable to determine, based on a
report of suspected child abuse, whether child abuse occurred, an education
provider may reinstate a school employee placed on paid administrative leave
under subsection (3) of this section or may take the appropriate disciplinary
action against the employee.
(5) Upon request from a
law enforcement agency, the Department of Human Services or the Teacher
Standards and Practices Commission, a school district shall provide the records
of investigations of suspected child abuse by a school employee or former
school employee.
(6) The disciplinary
records of a school employee or former school employee convicted of a
crime listed in ORS 342.143 are not exempt from disclosure under ORS 192.501 or
192.502. [When] If a school
employee is convicted of a crime listed in ORS 342.143, the education provider
that is the employer of the employee shall disclose the disciplinary records of
the employee to any person upon request. If a former school employee is
convicted of a crime listed in ORS 342.143, the education provider that was the
employer of the former employee when the crime was committed shall disclose the
disciplinary records of the former employee to any person upon request.
(7) Prior to disclosure
of a disciplinary record under subsection (6) of this section, an education
provider shall remove any personally identifiable information from the record
that would disclose the identity of a child, a crime victim or a school
employee or former school employee who is not the subject of the
disciplinary record.
SECTION 2. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date May 30, 2007
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