75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1525
A-Engrossed
House Bill 2062
Ordered by the House March 13
Including House Amendments dated March 13
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Education)
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.
{ - Requires applicant for position with school district to
submit list of current and past employers and to provide written
authorization and release of information and documentation from
those employers. Requires school district to conduct background
check on applicants. - }
{ - Prohibits school district board, school district or
school from entering into agreement or contract that suppresses
information about employee's sexual misconduct or abuse or that
affects duty to investigate suspected child abuse, report
suspected child abuse or discipline employee. - }
{ - Allows parent or legal guardian of student abused by
school employee to bring action against education provider if
school employee previously committed abuse and education provider
did not investigate or report abuse. - }
{ - Requires public schools to submit reports to school
district board regarding certain employee activity. - }
{ - Declares emergency, effective on passage. - }
{ + Requires school boards to adopt policies on reporting
sexual conduct by school employee directed toward student.
Requires school employee who has reasonable cause to believe that
student has been subjected to sexual conduct to report
information to supervisor or other person designated by school
board.
Requires applicant for position with education provider to
provide list of current and former employers, authorization for
those employers to disclose certain information and statement as
to whether applicant has been or is subject of report or
investigation related to child abuse or sexual conduct. Requires
school district to conduct criminal records check on applicant
for certain positions.
Prohibits education provider from entering into agreement or
contract that suppresses information related to child abuse or
sexual conduct, affects provider's duty to report suspected child
abuse or sexual conduct or impairs provider's ability to
discipline employee for child abuse or sexual conduct.
Takes effect on July 1, 2010. + }
A BILL FOR AN ACT
Relating to misconduct by school employees; creating new
provisions; amending ORS 339.370, 339.372, 339.375 and 339.377;
and prescribing an effective date.
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, 339.375
and 339.377 - } { + sections 7 to 11 of this 2009 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 School for the Blind.
(c) The Oregon 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) 'Investigation' means a detailed inquiry into the
factual allegations of a report of suspected child abuse or
sexual conduct that:
(a) Is based on interviews with the complainant, witnesses and
the school employee who is the subject of the report; and
(b) Meets any negotiated standards of an employment contract or
agreement. + }
{ - (4) - } { + (5) + } 'Law enforcement agency' has the
meaning given that term in ORS 419B.005.
{ - (5) - } { + (6) + } 'Private school' means a school
that provides educational services { + , + } as defined in ORS
345.505 { + , + } to kindergarten through grade 12 students.
{ - (6) - } { + (7) + } 'School board' means the governing
board or governing body of an education provider.
{ - (7) - } { + (8) + } 'School employee' means an employee
of an education provider.
{ + (9)(a) 'Sexual conduct' means any verbal or physical
conduct by a school employee that:
(A) Is sexual in nature;
(B) Is directed toward a kindergarten through grade 12 student;
(C) Has the effect of unreasonably interfering with a student's
educational performance; and
(D) Creates an intimidating, hostile or offensive educational
environment.
(b) 'Sexual conduct' does not include abuse.
(10) 'Substantiated report' means a report of child abuse or
sexual conduct that:
(a) An education provider has reasonable cause to believe is
founded based on the available evidence after conducting an
investigation; and
(b) Involves conduct that the education provider determines is
sufficiently serious to be documented in the school employee's
personnel file. + }
SECTION 2. ORS 339.372 is amended to read:
339.372. Each school board shall adopt policies on the
reporting of child abuse { + and sexual conduct by school
employees + }. The policies shall:
(1) Specify that child abuse { + and sexual conduct + } by
school employees { - is - } { + are + } not tolerated;
(2) Specify that all school employees are subject to the
policies;
(3) Require { - that - } all school employees { + who have
reasonable cause to believe that another school employee has
engaged in child abuse or sexual conduct to:
(a) + } Report suspected child abuse to a law enforcement
agency, the Department of Human Services or a designee of the
department as required by ORS 419B.010 and 419B.015 { + ; + } and
{ + (b) + }Report suspected child abuse { + or sexual
conduct + } to the employees' supervisors or other persons
designated by the school board;
(4) Designate a person to receive reports of suspected child
abuse { + or sexual conduct + } by school employees and specify
the procedures to be followed by that person upon receipt of a
report;
(5) Require the posting in each school building of the name and
contact information for the person designated for the school
building to receive reports of suspected child abuse { + or
sexual conduct + } by school employees and the procedures the
person will follow upon receipt of a report;
(6) Specify that the initiation of a report in good faith about
suspected child abuse { + or sexual conduct + } may not
adversely affect any terms or conditions of employment or the
work environment of the complainant;
(7) Specify that the school board or any school employee will
not discipline a student for the initiation of a report in good
faith about suspected child abuse { + or sexual conduct + } by a
school employee; { - and - }
(8) Require notification by the education provider to the
person who initiated the report about actions taken by the
education provider based on the report { - . - } { + ; and
(9) Require the education provider to furnish to a school
employee at the time of hire the following:
(a) A description of conduct that may constitute child abuse or
sexual conduct; and
(b) A description of the information and records that will be
disclosed as provided by ORS 339.375 (7) or section 8 of this
2009 Act if a report of suspected child abuse or sexual conduct
is substantiated. + }
SECTION 3. { + Notwithstanding ORS 339.372 (9), the
information required to be furnished to school employees under
ORS 339.372 (9) must be provided to all school employees in this
state within 30 days of the effective date of this 2009 Act. + }
SECTION 4. ORS 339.375 is amended to read:
339.375. (1) { + (a) + } { - Any - } { + A + } school
employee having reasonable cause to believe that { - any - }
{ + a + } 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) + } A supervisor or other person
designated by the school board; and
{ - (b) - } { + (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.
{ + (b) A school employee having reasonable cause to believe
that a student with whom the employee comes in contact has been
subjected to sexual conduct by another school employee, or that
another school employee with whom the employee comes in contact
has engaged in sexual conduct, shall immediately report the
information to a supervisor or other person designated by the
school board. + }
(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) { + (a) + } Except as provided in subsection (4) of this
section, when an education provider receives a report of
suspected child abuse { + or sexual conduct + } by one of its
employees, and the education provider's designee determines that
there is reasonable cause to support the report, the education
provider { + :
(A) In the case of suspected child abuse, + } shall place the
school employee on paid administrative leave { + ; or
(B) In the case of suspected sexual conduct, may place the
school employee on paid administrative leave or in a position
that does not involve direct, unsupervised contact with children.
(b) A school employee who is placed on paid administrative
leave under paragraph (a)(A) of this subsection shall remain on
administrative leave + }until { - either - } :
{ - (a) - } { + (A) + } The Department of Human Services or
a law enforcement agency determines that the report { - is
unfounded - } { + cannot be substantiated + } or that the
report will not be pursued; or
{ - (b) - } { + (B) + } The Department of Human Services or
a law enforcement agency determines that the report is
{ - founded - } { + substantiated + } 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 { + for suspected child abuse as
provided + } under subsection (3) of this section or may take the
appropriate disciplinary action against the employee { - . - }
{ + 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.
(5) If, following an investigation, an education provider
determines that the report of suspected child abuse or sexual
conduct is a substantiated report, the education provider shall:
(a) Inform the school employee that the education provider has
determined that the report has been substantiated.
(b) Provide the school employee with information about the
appropriate appeal process for the determination made by the
education provider. The appeal process may be the process
provided by a collective bargaining agreement or a process
administered by a neutral third party and paid for by the school
district.
(c) Following notice of a school employee's decision not to
appeal the determination or following the determination of an
appeal that sustained the substantiated report, create a record
of the substantiated report and place the record in the personnel
file of the school employee. Records created pursuant to this
paragraph are confidential and are not public records as defined
in ORS 192.410. An education provider may use the record as a
basis for providing the information required to be disclosed
under section 8 of this 2009 Act.
(d) Inform the school employee that information about
substantiated reports may be disclosed to a potential employer as
provided by subsection (7) of this section and section 8 of this
2009 Act. + }
{ - (5) - } { + (6) + } 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) - } { + (7)(a) + } 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.
{ + (b) + } 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.
{ + (c) + } 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) - } { + (8) + } Prior to disclosure of a
disciplinary record under subsection { - (6) - } { + (7) + }
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 5. ORS 339.377 is amended to read:
339.377. (1) An education provider shall provide to school
employees training each school year on the prevention and
identification of child abuse { + and sexual conduct + } 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 { + and sexual conduct + }.
(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 { + and sexual conduct + } available each
school year to children who attend a school operated by the
education provider.
SECTION 6. { + ORS 339.370, 339.372, 339.375 and 339.377 are
added to and made a part of sections 7 to 11 of this 2009
Act. + }
SECTION 7. { + Except as provided in section 9 of this 2009
Act, before an education provider may hire an applicant for a
position with the education provider, the education provider
shall:
(1) Require the applicant to provide:
(a) A list of the applicant's current and former employers who
are education providers.
(b) A written authorization that authorizes the applicant's
current and former employers that are education providers to
disclose the information requested under subsection (2) of this
section.
(c) A written statement of whether the applicant:
(A) Has been the subject of a substantiated report of child
abuse or sexual conduct; or
(B) Is the subject of an ongoing investigation related to a
report of suspected child abuse or sexual conduct.
(2) Conduct a review of the employment history of the applicant
by contacting the three most recent employers of the applicant
who are education providers and requesting:
(a) The following information:
(A) The dates of employment of the applicant by the education
provider;
(B) Whether the applicant was the subject of any substantiated
reports of child abuse or sexual conduct related to the
applicant's employment with the education provider;
(C) The dates of any substantiated reports;
(D) The definitions of child abuse and sexual conduct used by
the education provider when the education provider determined
that any reports were substantiated; and
(E) The standards used by the education provider to determine
whether any reports were substantiated.
(b) Any disciplinary records required to be released as
provided by ORS 339.375 (7).
(3) For an applicant who is licensed, registered or certified
with the Teacher Standards and Practices Commission, access
online information provided by the commission to verify:
(a) That the applicant is licensed, registered or certified by
the commission; and
(b) Whether the commission has provided any information
relating to conduct by the applicant that may constitute child
abuse or sexual conduct.
(4) Conduct a nationwide criminal records check if required by
ORS 326.603. + }
SECTION 8. { + (1) Not later than 20 days after receiving a
request under section 7 of this 2009 Act, an education provider
that has or has had an employment relationship with the applicant
shall disclose the information requested and any disciplinary
records that must be disclosed as provided by ORS 339.375 (7).
(2) An education provider may disclose the information on a
standardized form and is not required to provide any additional
information related to a substantiated report of child abuse or
sexual conduct other than the information that is required by
section 7 (2) of this 2009 Act.
(3) Information received under this section is confidential and
is not a public record as defined in ORS 192.410. An education
provider may use the information only for the purpose of
evaluating an applicant's eligibility to be hired. + }
SECTION 9. { + (1) An education provider may not hire an
applicant who does not comply with the requirements of section 7
(1) of this 2009 Act. A refusal to hire an applicant under this
subsection removes the applicant from any education provider
policies, any collective bargaining provisions regarding
dismissal procedures and appeals and any provisions of ORS
342.805 to 342.937.
(2) An education provider may hire an applicant on a
conditional basis pending the education provider's review of
information and records received under section 8 of this 2009
Act.
(3) An education provider may not deny an applicant employment
solely because:
(a) A current or former employer of an applicant fails or
refuses to comply with the requirements of section 8 of this 2009
Act; or
(b) The applicant has or had an out-of-state employer and the
laws or rules of that state prevent the release of information or
records requested under section 8 of this 2009 Act. + }
SECTION 10. { + (1) An education provider may not enter into a
collective bargaining agreement, an employment contract, an
agreement for resignation or termination, a severance agreement
or any other contract or agreement that:
(a) Has the effect of suppressing information relating to an
ongoing investigation related to a report of suspected child
abuse or sexual conduct or relating to a substantiated report of
child abuse or sexual conduct by a current or former employee;
(b) Affects the duties of the education provider to report
suspected child abuse or sexual conduct or to discipline a
current or former employee for a substantiated report of child
abuse or sexual conduct;
(c) Impairs the ability of the education provider to discipline
an employee for a substantiated report of child abuse or sexual
conduct; or
(d) Requires the education provider to expunge substantiated
information about child abuse or sexual conduct from any
documents maintained by an education provider.
(2) Any provision of an employment contract or agreement that
is contrary to this section is void and unenforceable.
(3) Nothing in this section prevents an education provider from
entering into a collective bargaining agreement that includes:
(a) Standards for investigation of a report of child abuse or
sexual conduct; or
(b) An appeal process from the determination by an education
provider that a report of child abuse or sexual conduct has been
substantiated as provided in ORS 339.375 (5). + }
SECTION 11. { + Nothing in sections 7 to 11 of this 2009 Act
creates a new public or private cause of action or precludes an
existing cause of action. + }
SECTION 12. { + Section 10 of this 2009 Act applies to
agreements or contracts specified in section 10 of this 2009 Act
that are entered into or renewed on or after the effective date
of this 2009 Act. + }
SECTION 13. { + This 2009 Act takes effect on July 1,
2010. + }
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