Chapter 50 Oregon Laws 2008

Chapter 50 Oregon Laws 2008 Special Session

AN ACT

SB 1092

Relating to disclosure of information about students involved in justice system; creating new provisions; and amending ORS 338.025, 338.115, 339.317, 339.319, 339.321, 339.323, 419A.015, 419A.255 and 419A.300.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2008 Act is added to and made a part of ORS chapter 419A.

SECTION 2. (1)(a) When a youth makes a first appearance before the juvenile court on a petition described in subsection (4) of this section alleging that the youth is within the jurisdiction of the juvenile court under ORS 419C.005, the district attorney or other person filing the petition under ORS 419C.250 shall notify:

(A) The superintendent of the school district in which the youth resides or the superintendent’s designee; or

(B) If the person filing the petition has information that the youth is enrolled in a private school or charter school, the principal of the school in which the youth is enrolled.

(b) If the juvenile court sets aside or dismisses a petition as provided in ORS 419C.261 for which notice was given under subsection (1)(a) of this section, or if the juvenile court determines that the youth is not within the jurisdiction of the juvenile court, the district attorney or other person prosecuting the case shall notify:

(A) The superintendent of the school district in which the youth resides or the superintendent’s designee; or

(B) If the person prosecuting the case has information that the youth is enrolled in a private school or charter school, the principal of the school in which the youth is enrolled.

(2) The notice required under subsection (1) of this section may be communicated by mail or other method of delivery, including but not limited to electronic transmission. The notice must include:

(a) The name and date of birth of the youth;

(b) The names and addresses of the youth’s parents or guardians;

(c) The alleged basis for the juvenile court’s jurisdiction over the youth;

(d) The act alleged in the petition that, if committed by an adult, would constitute a crime; and

(e) If notice is required under subsection (1)(b) of this section, that portion of the juvenile court order providing for the legal disposition of the youth.

(3) The notice required under subsection (1) of this section must be given within 15 days after:

(a) The youth makes a first appearance before the juvenile court on a petition;

(b) The petition is dismissed or set aside; or

(c) The juvenile court determines that the youth is not within the jurisdiction of the juvenile court after a hearing on the merits of the petition.

(4) This section applies to petitions filed alleging that the youth engaged in conduct that, if committed by an adult, would constitute a crime involving:

(a) Harm or threatened harm to another person, including criminal homicide, felony assault or any attempt to cause serious physical injury to another person;

(b) Sexual assault of an animal or animal abuse in any degree;

(c) A sex offense listed in ORS 181.594 (4), except for rape in the third degree under ORS 163.355;

(d) A weapon, as defined in ORS 166.360, or the threatened use of a weapon;

(e) Possession or manufacture of a destructive device, as defined in ORS 166.382, or possession of a hoax destructive device, as defined in ORS 166.385; or

(f) An offense for which manufacture or delivery of alcohol or a controlled substance is an element of the crime.

(5) Except as otherwise provided in ORS 192.490, a person who sends or receives notice under this section is not civilly or criminally liable for failing to disclose the information under this section.

SECTION 3. (1) As used in this section:

(a) “Principal” means a person having general administrative control and supervision of a school.

(b) “School” means a public or private institution of learning providing education to one or more instructional levels from kindergarten through grade 12 or equivalent instructional levels.

(c) “School administrator” means the superintendent of the school district, the superintendent’s designee or the principal of a private school or charter school.

(d) “School subcontractor” includes but is not limited to:

(A) Companies contracting with a school to provide services to students throughout the school day; and

(B) Employees of contracting companies that provide the contracted services, including but not limited to:

(i) Transportation providers.

(ii) Food service workers.

(iii) Daytime building maintenance workers.

(iv) Health center workers or nurses.

(v) Library personnel.

(vi) Translators.

(e) “Youth” has the meaning given that term in ORS 419A.004.

(2) Within 48 hours after receiving notice under section 2 of this 2008 Act, a school administrator shall notify school employees and school subcontractors who the school administrator determines need the information in order to:

(a) Safeguard the safety and security of the school, students and staff;

(b) Arrange appropriate counseling and education for the youth; or

(c) If the notice includes any portion of the court order disposing of the petition, inform school employees and school subcontractors previously notified of the petition under this subsection that the court has set aside or dismissed the petition or determined that the youth is not within the jurisdiction of the juvenile court.

(3) If a youth transfers to an Oregon school from a school outside the state, the school administrator of the Oregon school shall contact the youth’s former school and request any information that the youth’s former school may have relating to the youth’s history of engaging in activity that is likely to place at risk the safety of school employees, school subcontractors or other students or that requires arrangement of appropriate counseling or education for the youth. Upon receipt of information that the youth has a history of engaging in activity that is likely to place at risk the safety of school employees, school subcontractors or other students, the school administrator shall notify school employees and school subcontractors who need the information in order to:

(a) Safeguard the safety and security of the school, students and staff; or

(b) Arrange appropriate counseling and education for the youth.

(4) A school district, private school or charter school may adopt policies and procedures for providing notification to school employees and school subcontractors under this section.

(5)(a) Except as provided in this section, information contained in a notice required under section 2 of this 2008 Act or obtained from an out-of-state school under subsection (3) of this section is confidential.

(b) Persons receiving information contained in a notice required under section 2 of this 2008 Act or obtained from an out-of-state school under subsection (3) of this section may not disclose any information relating to a petition or discuss the information contained in a notice with anyone other than:

(A) The youth;

(B) The youth’s parent or guardian;

(C) The principal or school superintendent;

(D) School employees or school subcontractors notified under subsection (2) or (3) of this section;

(E) Law enforcement personnel; and

(F) The youth’s probation officer or juvenile counselor.

(c) A school employee or school subcontractor is not subject to discipline for disclosing the existence of a notice under section 2 of this 2008 Act or for disclosing the contents of the notice, unless the disclosure was made in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.

(6)(a) Information obtained under this section or under section 2 of this 2008 Act may not be used for admissions or disciplinary decisions concerning the youth unless the violation occurred:

(A) During a school function; or

(B) On school property.

(b) Notwithstanding paragraph (a) of this subsection, information obtained under this section or under section 2 of this 2008 Act may be used for making an educational placement for the youth, if necessary for arranging appropriate counseling and education for the youth.

(c) The receipt of a notice under section 2 of this 2008 Act does not deprive the school of the authority to institute or continue a disciplinary action against the youth based on the same conduct alleged in the notice if the disciplinary proceedings are based on information obtained by the school or school district that is not derived from the notice.

(7) A person is not civilly or criminally liable for giving or failing to give the notice required under this section. Nothing in this section creates a new cause of action or enlarges an existing cause of action for compensation or damages.

SECTION 4. ORS 339.317 is amended to read:

339.317. (1)(a) No later than [15] five days after a person under 18 years of age is charged with a crime under ORS 137.707 or is waived under ORS 419C.349, 419C.352 or 419C.364, the district attorney or city attorney, if the person is waived to municipal court, shall [notify the school district in which the person resides of that fact] give notice of the charge to the superintendent of the school district in which the person resides or the superintendent’s designee.

(b) The district attorney or city attorney shall include in the notice the crime with which the person is charged.

(2) [A district attorney, city attorney or anyone employed by or acting on behalf of a district attorney or city attorney] A person who sends records under this section is not [liable] civilly or criminally liable for failing to disclose the information under this section.

SECTION 5. ORS 339.319 is amended to read:

339.319. (1)(a) When a person under 18 years of age is convicted of a crime under ORS 137.707 or following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370 (1)(b), the agency supervising the person shall [notify the school district in which the person resides of that fact] give notice of the conviction within five days following sentencing to the superintendent of the school district in which the person resides or the superintendent’s designee.

(b) The agency supervising the person shall include in the notice:

(A) The name and date of birth of the person;

(B) The names and addresses of the person’s parents or guardians;

[(a)] (C) The crime of conviction;

[(b)] (D) The sentence imposed; and

[(c)] (E) If the person is released on any type of release, whether school attendance is a condition of the release.

(2) An agency supervising a person or anyone employed by or acting on behalf of an agency supervising a person who sends records under this section is not [liable] civilly or criminally liable for failing to disclose the information under this section.

SECTION 6. ORS 339.321 is amended to read:

339.321. (1) No later than 15 days [prior to] before the release or discharge of a person committed to the legal custody of the Department of Corrections or the supervisory authority of a county under ORS 137.707 or following waiver under ORS 419C.349, 419C.352, 419C.364 or 419C.370, the department or supervisory authority, as appropriate, shall notify the following of the release or discharge if the person is under 21 years of age at the time of the release:

(a) Law enforcement agencies in the community in which the person is going to reside; and

(b) The school district in which the person is going to reside.

(2) The department or supervisory authority shall include in the notification:

(a) The person’s name, date of birth and date of release or discharge;

(b) The person’s address;

(c) The names and addresses of the person’s parents or guardians;

[(b)] (d) The type of supervision under which the person is released; and

[(c)] (e) Whether school attendance is a condition of release.

(3) The department, supervisory authority or anyone employed by or acting on behalf of the department or supervisory authority who sends records under this section is not [liable] civilly or criminally liable for failing to disclose the information under this section.

SECTION 7. ORS 339.323 is amended to read:

339.323. (1) When a superintendent of a school district or the superintendent’s designee receives notice under ORS 339.317, 339.319, 339.321 or 420A.122, the superintendent of the school district or the superintendent’s designee may disclose the information only to those school employees and school subcontractors, as defined in section 3 of this 2008 Act, who the district determines need the information in order to safeguard the safety and security of the school, students and staff. A person to whom personally identifiable information is disclosed under this subsection may not disclose the information to another person except to carry out the provisions of this subsection.

(2) A superintendent of a school district or the superintendent’s designee or anyone employed by or acting on behalf of a [school district] superintendent or superintendent’s designee who receives notice under ORS 339.317, 339.319, 339.321 or 420A.122 is not [liable] civilly or criminally liable for failing to disclose the information.

SECTION 8. ORS 419A.015 is amended to read:

419A.015. (1)(a) Once each month, a county juvenile department shall provide to each school district in the county a list of all youth offenders enrolled in a school in the school district who are on probation by order of the juvenile court in the county. The department shall include in the list the name and business telephone number of the juvenile counselor assigned to each case.

(b) When a youth offender who is on probation transfers from one school district to a different school district, the juvenile counselor assigned to the case shall notify the superintendent of the school district to which the youth offender has transferred of the youth offender’s probation status. The juvenile counselor shall make the notification no later than 72 hours after the juvenile counselor knows of the transfer.

(2) Upon request by the superintendent of the school district or the superintendent’s designee, the juvenile department shall provide additional information, including the offense that brought the youth offender within the jurisdiction of the juvenile court and such other information that is subject to disclosure under ORS 419A.255 (5).

(3) In addition to the general notification required by subsection (1) of this section, the juvenile department[:]

[(a)] shall notify the superintendent of the school district or the superintendent’s designee of the specific offense [if the act] bringing the youth offender within the jurisdiction of the juvenile court and whether the act involved a firearm or delivery of a controlled substance.

[(b) May notify the school district of the specific offense if the act bringing the youth offender within the jurisdiction of the juvenile court involved a violation of ORS 163.355 to 163.445 or 163.465 or any other offense if the juvenile department believes the youth offender represents a risk to other students or school staff.]

(4) When a superintendent of a school district or the superintendent’s designee receives notice under this section, the school district may disclose the information only to those school employees or school subcontractors, as defined in section 3 of this 2008 Act, who the [district] superintendent or the superintendent’s designee determines need the information in order to safeguard the safety and security of the school, students and staff. A person to whom personally identifiable information is disclosed under this subsection may not disclose the information to another person except to carry out the provisions of this subsection.

(5) Except as otherwise provided in ORS 192.490, a juvenile department, school district or anyone employed or acting on behalf of a juvenile department or school district who sends or receives records under this section is not [liable] civilly or criminally liable for failing to disclose the information under this section.

SECTION 9. ORS 419A.255 is amended to read:

419A.255. (1) The clerk of the court shall keep a record of each case, including therein the summons and other process, the petition and all other papers in the nature of pleadings, motions, orders of the court and other papers filed with the court, but excluding reports and other material relating to the child, ward, youth or youth offender’s history and prognosis. The record of the case shall be withheld from public inspection but is open to inspection by the child, ward, youth, youth offender, parent, guardian, court appointed special advocate, surrogate or a person allowed to intervene in a proceeding involving the child, ward, youth or youth offender, and their attorneys. The attorneys are entitled to copies of the record of the case.

(2) Reports and other material relating to the child, ward, youth or youth offender’s history and prognosis are privileged and, except at the request of the child, ward, youth or youth offender, may not be disclosed directly or indirectly to anyone other than the judge of the juvenile court, those acting under the judge’s direction, service providers in the case and the attorneys of record for the child, ward, youth or youth offender or the child, ward, youth or youth offender’s parent, guardian, court appointed special advocate, surrogate or person allowed to intervene in a proceeding involving the child, ward, youth or youth offender. Reports and other material relating to a youth offender’s history and prognosis in cases under ORS 419C.005 may be disclosed to the superintendent of the school district in which the youth offender resides or the superintendent’s designee. The service providers in the case, school superintendents, superintendents’ designees and attorneys are entitled to examine and obtain copies of any reports or other material relating to the child, ward, youth or youth offender’s history and prognosis. Any service provider in the case, school superintendent, superintendent’s designee or attorney who examines or obtains copies of such reports or materials is responsible for preserving their confidentiality. A service provider, [or] school superintendent or superintendent’s designee who obtains copies of such reports or materials shall return the copies to the court upon the conclusion of the service provider’s, [or] superintendent’s or superintendent’s designee’s involvement in the case.

(3) Except as otherwise provided in subsection (7) of this section, no information appearing in the record of the case or in reports or other material relating to the child, ward, youth or youth offender’s history or prognosis may be disclosed to any person not described in subsection (2) of this section without the consent of the court, except for purposes of evaluating the child, ward, youth or youth offender’s eligibility for special education as provided in ORS chapter 343, and no such information may be used in evidence in any proceeding to establish criminal or civil liability against the child, ward, youth or youth offender, whether such proceeding occurs after the child, ward, youth or youth offender has reached 18 years of age or otherwise, except for the following purposes:

(a) In connection with a presentence investigation after guilt has been admitted or established in a criminal court.

(b) In connection with a proceeding in another juvenile court concerning the child, ward, youth or youth offender or an appeal from the juvenile court.

(4) If the court finds that the child, ward, youth, youth offender or parent is without financial means to purchase all or a necessary part of the transcript of the evidence or proceedings, the court shall order upon motion the transcript or part thereof to be furnished. The transcript or part thereof furnished under this subsection shall be paid for in the same manner as furnished transcripts are paid for in criminal cases.

(5) Notwithstanding any other provision of law, the following are not confidential and not exempt from disclosure:

(a) The name and date of birth of the youth or youth offender;

(b) The basis for the juvenile court’s jurisdiction over the youth or youth offender;

(d) The act alleged in the petition that if committed by an adult would constitute a crime if jurisdiction is based on ORS 419C.005;

(e) That portion of the juvenile court order providing for the legal disposition of the youth or youth offender when jurisdiction is based on ORS 419C.005;

(f) The names and addresses of the youth or youth offender’s parents or guardians; and

(g) The register described in ORS 7.020 when jurisdiction is based on ORS 419C.005.

(6) Notwithstanding any other provision of law, when a youth has been taken into custody under ORS 419C.080, the following information shall be disclosed unless, and only for so long as, there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim:

(a) The youth’s name and age and whether the youth is employed or in school;

(b) The youth offense for which the youth was taken into custody;

(c) The name and age of the adult complaining party and the adult victim, unless the disclosure of such information is otherwise prohibited or restricted;

(d) The identity of the investigating and arresting agency; and

(e) The time and place that the youth was taken into custody and whether there was resistance, pursuit or a weapon used in taking the youth into custody.

(7)(a) Information contained in reports and other materials relating to a child, ward, youth or youth offender’s history and prognosis that, in the professional judgment of the juvenile counselor, caseworker, school superintendent or superintendent’s designee, teacher or detention worker to whom the information for the reports or other materials has been provided, indicates a clear and immediate danger to another person or to society shall be disclosed to the appropriate authority and the person or entity who is in danger from the child, ward, youth or youth offender.

(b) An agency or a person who discloses information under paragraph (a) of this subsection has immunity from any liability, civil or criminal, that might otherwise be incurred or imposed for making the disclosure.

(c) Nothing in this subsection affects the provisions of ORS 146.750, 146.760, 419B.035, 419B.040 and 419B.045. The disclosure of information under this section does not make the information admissible in any court or administrative proceeding if it is not otherwise admissible.

(8) A county juvenile department is the agency responsible for disclosing youth and youth offender records if the records are subject to disclosure.

(9) A petition filed under ORS 419B.851 alleging that a child who is a foreign national is within the jurisdiction of the court, or a motion requesting an implementation plan other than return of a ward to the ward’s parent, is subject to disclosure to the consulate for the child or ward’s country as provided under ORS 419B.851 (3).

(10) Nothing in this section prohibits a guardian appointed under ORS 419B.365 or 419B.366 from disclosing or providing copies of letters of guardianship when so required to fulfill the duties of a guardian.

(11) The court shall cooperate in the sharing of information with a court in another state to facilitate an interstate placement of a child or ward.

SECTION 10. ORS 419A.300 is amended to read:

419A.300. (1)(a) Once each month, the Department of Human Services shall provide to each school district a list of all young persons enrolled in a school in the school district who are on conditional release. The department shall include in the list the name and business telephone number of the caseworker assigned to each case.

(b) When a young person who is on conditional release transfers from one school district to a different school district, the caseworker assigned to the case shall notify the superintendent of the school district to which the young person has transferred of the young person’s status. The caseworker shall make the notification no later than 72 hours after the caseworker knows of the transfer.

(2) Upon request by the superintendent of the school district in which a young person is enrolled or the superintendent’s designee, the department shall provide additional information, including the offense that brought the young person within the jurisdiction of the juvenile court and such other information that is subject to disclosure under ORS 419A.255 (5).

(3) In addition to the general notification required by subsection (1) of this section, the department[:] shall notify the superintendent or the superintendent’s designee of the specific offense and whether the act involved a firearm or delivery of a controlled substance.

[(a) Shall notify the school district of the specific offense if the act that brought the young person within the jurisdiction of the juvenile court involved a firearm or delivery of a controlled substance.]

[(b) May notify the school district of the specific offense if the act that brought the young person within the jurisdiction of the juvenile court involved a violation of ORS 163.355 to 163.445 or 163.465 or any other offense if the department believes the young person represents a risk to other students or school staff.]

(4) ORS 419A.015 (4) and (5) apply to persons sending or receiving records under this section.

SECTION 11. 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);

(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);

(e) ORS 181.534, 326.603, 326.607, 342.223 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, 659.855 and 659.860 (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 (2);

(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, 339.375 and 339.377 (reporting of child abuse and training on prevention and identification of child abuse);

(q) ORS 329.451 (diploma, modified diploma and alternative certificate);

(r) ORS chapter 657 (Employment Department Law);

(s) Section 3 of this 2008 Act; and

[(s)] (t) 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, modified diploma or alternative certificate to any public charter school student who meets the district’s and state’s standards for a high school diploma, modified diploma or alternative certificate.

(12) A high school diploma, modified diploma or alternative certificate issued by a public charter school grants to the holder the same rights and privileges as a high school diploma, modified diploma or alternative certificate 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 12. ORS 338.115, as amended by section 7, chapter 839, Oregon Laws 2007, is amended to read:

(a) Federal law;

(b) ORS 192.410 to 192.505 (public records law);

(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);

(e) ORS 181.534, 326.603, 326.607, 342.223 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, 659.855 and 659.860 (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 (2);

(m) ORS 329.045 (academic content standards and instruction);

(n) ORS 329.496 (physical education);

(o) Any statute or rule that establishes requirements for instructional time provided by a school during each day or during a year;

(p) ORS 339.250 (12) (prohibition on infliction of corporal punishment);

(q) ORS 339.370, 339.372, 339.375 and 339.377 (reporting of child abuse and training on prevention and identification of child abuse);

(r) ORS 329.451 (diploma, modified diploma and alternative certificate);

(s) ORS chapter 657 (Employment Department Law);

(t) Section 3 of this 2008 Act; and

[(t)] (u) This chapter.

(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.

(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.

(13) Prior to beginning operation, the public charter school shall show proof of insurance to the sponsor as specified in the charter.

SECTION 13. 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 programs 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 [(r)] (s).

SECTION 14. ORS 338.025, as amended by section 8, chapter 839, Oregon Laws 2007, 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.

SECTION 15. The amendments to ORS 338.025 and 338.115 by sections 12 and 14 of this 2008 Act become operative July 1, 2017, and first apply to the 2017-2018 school year.

SECTION 16. (1) The Oregon Law Commission shall study policies requiring notice to schools of persons under 18 years of age living within the school district who are youths as defined in ORS 419A.004.

(2) The commission shall file a report with the appropriate interim legislative committees no later than October 1, 2008, that contains the recommendations of the commission resulting from the study conducted under subsection (1) of this section.

(3) If the commission determines that additional time is necessary to complete the study or file the report required by this section, the commission shall report to the appropriate interim legislative committees the date on which the commission estimates that the report will be filed. If the commission reports that additional time is necessary to file the report under this section, the report must be filed no later than February 2, 2009.

SECTION 17. Section 16 of this 2008 Act is repealed on January 2, 2010.

Approved by the Governor March 11, 2008

Filed in the office of Secretary of State March 11, 2008

Effective date January 1, 2009

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