74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 380
 
Sponsored by Senator WALKER (Presession filed.)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to school employees; amending ORS 339.375; and declaring
  an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  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 + }.
 
 
Enrolled Senate Bill 380 (SB 380-INTRO)                    Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by Senate March 13, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 10, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 380 (SB 380-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 380 (SB 380-INTRO)                    Page 3