74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 75
A-Engrossed
Senate Bill 379
Ordered by the Senate April 12
Including Senate Amendments dated April 12
Sponsored by Senator WALKER (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.
Directs education providers to { - require - } { + provide
to + } school employees { - to complete - } training on child
abuse prevention and identification and to make training
available to parents, legal guardians and students.
Requires Department of Human Services { - or law enforcement
agency - } to notify person who reported child abuse about
outcome of investigation.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to children; creating new provisions; amending ORS
338.115, 339.370 and 419B.020; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.370 is amended to read:
339.370. As used in this section and ORS 339.372 and 339.375
{ + and section 2 of this 2007 Act + }:
(1) 'Abuse' has the meaning given that term in ORS 419B.005.
(2) 'Disciplinary records' means the records related to a
personnel discipline action or materials or documents supporting
that action.
(3) 'Education provider' means:
(a) A school district as defined in ORS 332.002.
(b) The Oregon State School for the Blind.
(c) The Oregon State School for the Deaf.
(d) An educational program under the Youth Corrections
Education Program.
(e) A public charter school as defined in ORS 338.005.
(f) An education service district as defined in ORS 334.003.
(g) Any state-operated program that provides educational
services to kindergarten through grade 12 students.
(h) A private school.
(4) 'Law enforcement agency' has the meaning given that term in
ORS 419B.005.
(5) 'Private school' means a school that provides educational
services as defined in ORS 345.505 to kindergarten through grade
12 students.
(6) 'School board' means the governing board or governing body
of an education provider.
(7) 'School employee' means an employee of an education
provider.
SECTION 2. { + (1) An education provider shall provide to
school employees training each school year on the prevention and
identification of child abuse and on the obligations of school
employees under ORS 419B.005 to 419B.050 and under policies
adopted by the school board to report child abuse.
(2) An education provider shall make the training provided
under subsection (1) of this section available each school year
to parents and legal guardians of children who attend a school
operated by the education provider. The training shall be
provided separately from the training provided to school
employees under subsection (1) of this section.
(3) An education provider shall make training that is designed
to prevent child abuse available each school year to children who
attend a school operated by the education provider. + }
SECTION 3. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply 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;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, 181.539, 326.603, 326.607 and 342.232
(criminal records checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850 and 659.855 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (1);
(m) ORS 329.045 (academic content standards and instruction);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(p) ORS 339.370, 339.372 and 339.375 { + and section 2 of this
2007 Act + } (reporting of child abuse { + and training on
prevention and identification of child abuse + }); and
(q) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter
may specify that statutes and rules that apply 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 section 5, Article I of the Oregon Constitution, or be
religion based.
(5) A public charter school shall maintain an active enrollment
of at least 25 students.
(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 employment.
(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, other
governmental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds
under which the public incurs liability.
(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 a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced Mastery
to any public charter school student who meets the district's and
state's standards for a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery. If the school district offers a Certificate of Initial
Mastery subject area endorsement to students who attend school in
the district, then the school district shall offer the
endorsement to any public charter school student who meets the
district's and state's standards for the endorsement.
(12) A high school diploma, certificate, Certificate of Initial
Mastery, Certificate of Initial Mastery subject area endorsement
or Certificate of Advanced Mastery issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, certificate, Certificate of Initial Mastery,
Certificate of Initial Mastery subject area endorsement or
Certificate of Advanced Mastery 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 4. ORS 419B.020 is amended to read:
419B.020. (1) Upon receipt of an oral report of child abuse,
the Department of Human Services or the law enforcement agency
shall immediately:
(a) Cause an investigation to be made to determine the nature
and cause of the abuse of the child; and
(b) Notify the Child Care Division if the alleged child abuse
occurred in a child care facility as defined in ORS 657A.250.
(2) If the law enforcement agency conducting the investigation
finds reasonable cause to believe that abuse has occurred, the
law enforcement agency shall notify by oral report followed by
written report the local office of the department. The department
shall provide protective social services of its own or of other
available social agencies if necessary to prevent further abuses
to the child or to safeguard the child's welfare.
(3) If a child is taken into protective custody by the
department, the department shall promptly make reasonable efforts
to ascertain the name and address of the child's parents or
guardian.
(4)(a) If a child is taken into protective custody by the
department or a law enforcement official, the department or law
enforcement official shall, if possible, make reasonable efforts
to advise the parents or guardian immediately, regardless of the
time of day, that the child has been taken into custody, the
reasons the child has been taken into custody and general
information about the child's placement, and the telephone number
of the local office of the department and any after-hours
telephone numbers.
(b) Notice may be given by any means reasonably certain of
notifying the parents or guardian, including but not limited to
written, telephonic or in-person oral notification. If the
initial notification is not in writing, the information required
by paragraph (a) of this subsection also shall be provided to the
parents or guardian in writing as soon as possible.
(c) The department also shall make a reasonable effort to
notify the noncustodial parent of the information required by
paragraph (a) of this subsection in a timely manner.
(d) If a child is taken into custody while under the care and
supervision of a person or organization other than the parent,
the department, if possible, shall immediately notify the person
or organization that the child has been taken into protective
custody.
(5) If a law enforcement officer or the department, when taking
a child into protective custody, has reasonable cause to believe
that the child has been affected by sexual abuse and rape of a
child as defined in ORS 419B.005 (1)(a)(C) and that physical
evidence of the abuse exists and is likely to disappear, the
court may authorize a physical examination for the purposes of
preserving evidence if the court finds that it is in the best
interest of the child to have such an examination. Nothing in
this section affects the authority of the department to consent
to physical examinations of the child at other times.
(6) A minor child of 12 years of age or older may refuse to
consent to the examination described in subsection (5) of this
section. The examination shall be conducted by or under the
supervision of a physician licensed under ORS chapter 677 or a
nurse practitioner licensed under ORS chapter 678 and, whenever
practicable, trained in conducting such examinations.
{ + (7) When the department completes an investigation under
this section, the department shall make diligent efforts to
notify the person who made the report of child abuse to the
department about the outcome of the investigation, if contact
information for the person was provided to the department. + }
SECTION 5. { + Section 2 of this 2007 Act and the amendments
to ORS 338.115, 339.370 and 419B.020 by sections 1, 3 and 4 of
this 2007 Act first apply to the 2007-2008 school year. + }
SECTION 6. { + 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. + }
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