75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 512
 
LC 2078/SB 512-7
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 512
 
        By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
 
                             April 3
 
  On page 1 of the printed bill, line 2, after the semicolon
insert 'creating new provisions;'.
  On page 2, line 7, delete 'or'.
  In line 10, delete the period and insert ';
  ' (E) The director of the Oregon School for the Blind;
  ' (F) The director of the Oregon School for the Deaf; or
  ' (G) The Superintendent of Public Instruction if the youth is
in an educational program under the Youth Corrections Education
Program.'.
  In line 11, delete '326.603' and insert '332.002'.
  On page 3, line 33, restore the bracketed material and delete '
(b)' and insert '(B) Involves the'.
  In line 34, delete '(B)' and insert '(C)'.
  In line 36, delete '(C)' and insert '(D)' and delete the second
'or'.
  In line 37, delete '(D)' and insert '(E)'.
  After line 38, insert:
  ' (F) Involves an offense in which an element of the crime is:
  ' (i) Manufacture of a controlled substance;
  ' (ii) Delivery of a controlled substance in conjunction with
conduct described in subparagraph (A) of this paragraph; or
  ' (iii) Delivery of a controlled substance to a person under 18
years of age; or'.
  In line 40, after the period insert 'The person or entity
responsible for giving notice under subsection (3) of this
section shall request that the court make the determination under
this paragraph when the person or entity believes notice is
necessary to safeguard the safety and security of the school,
students and staff and the conduct involves an offense under ORS
163.160.'.
  On page 5, after line 15, insert:
  ' (4) When a school administrator receives notice under section
2, chapter 50, Oregon Laws 2008, and determines that the youth is
enrolled in a school or program referred to in this subsection,
the school administrator shall, within 48 hours of receiving
notice, send a copy of the notice to:
  ' (a) The director of the Oregon School for the Deaf if the
youth attends the Oregon School for the Deaf.
  ' (b) The director of the Oregon School for the Blind if the
youth attends the Oregon School for the Blind.
  ' (c) The Superintendent of Public Instruction if the youth is
in an educational program under the Youth Corrections Education
Program.
  ' (d) The principal of the public charter school if the youth
attends a public charter school.'.
  In line 16, delete '(4)' and insert '(5)'.
  In line 19, delete '(5)(a)' and insert '(6)(a)'.
  Delete line 29 and insert:
  ' (C) A school administrator;'.
  In line 42, delete '(6)(a)' and insert '(7)(a)'.
  In line 45, delete the colon and insert 'in the school or
classroom or at a school activity or event, whether or not the
violation took place on school property.'.
  On page 6, delete lines 1 and 2.
  In line 8, delete the first 'with disabilities' and insert '
who is receiving special education and related services'.
  In line 15, delete '(7)' and insert '(8)'.
  In line 24, delete 'to the superintendent of the' and delete
lines 25 and 26 and insert 'to the school administrator of the
school attended by the person or to the school administrator of
the school district in which the person resides. For purposes of
this section, 'school administrator' has the meaning given that
term in section 2, chapter 50, Oregon Laws 2008.'.
  In line 43, delete 'to the superintendent of the school
district' and delete line 44 and insert 'to the school
administrator of the school attended by the person or to the
school administrator of the school district in which the person
resides. For purposes of this section, 'school administrator' has
the meaning given that term in section 2, chapter 50, Oregon Laws
2008.'.
  On page 7, delete line 23 and insert:
  ' (b) The school administrator of the school the person will
attend or the school administrator of the school district in
which the person will reside.'.
  After line 39, insert:
  ' (4) As used in this section, 'school administrator' has the
meaning given that term in section 2, chapter 50, Oregon Laws
2008.'.
  In line 42, after the first 'a' delete the rest of the line.
  In line 43, delete 'perintendent's designee' and insert '
school administrator as defined in section 2, chapter 50, Oregon
Laws 2008,'.
  In line 44, delete 'superintendent of the school district or
the superintendent's designee' and insert 'school administrator'.
  On page 8, line 1, delete 'district' and insert 'school
administrator'.
  In line 5, delete 'superintendent of a school district or the
superintendent's designee' and insert 'school administrator'.
  In line 6, delete 'superintendent or superintendent's designee'
and insert 'school administrator'.
  Delete lines 9 through 45 and insert:
  '  { +  SECTION 7. + } ORS 419A.015, as amended by section 8,
chapter 50, Oregon Laws 2008, is amended to read:
  ' 419A.015. (1)(a) Once each month, a county juvenile
department shall provide to   { - each school district - }  { +
school administrators of schools or of school districts  + }in
the county a list of all youth offenders enrolled in a school in
the   { - school district - }  { +  county + } 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  { + or school + } district to a different school
 { + or school + } district, the juvenile counselor assigned to
the case shall notify the   { - superintendent of the school
district - }  { +  school administrator of the school or 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 - }  { +  school
administrator + }, 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 shall
notify the   { - superintendent of the school district or the
superintendent's designee - }  { +  school administrator + } of
the specific offense bringing the youth offender within the
jurisdiction of the juvenile court and whether the act involved a
firearm or delivery of a controlled substance.
  ' (4) When a   { - superintendent of a school district or the
superintendent's designee - }  { +  school administrator + }
receives  { + any + } notice under this section, the school
 { - district - }  { +  administrator + } may disclose the
information only to   { - those school employees or school
subcontractors - }  { +  school personnel + }, as defined in
section 3, chapter 50, Oregon Laws 2008, who the
 { - superintendent or the superintendent's designee - }  { +
school administrator + } 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 school administrator, + } or
anyone employed or acting on behalf of a juvenile
department { + , + }   { - or - }  school district { +  or school
administrator, + } who sends or receives records under this
section is not civilly or criminally liable for failing to
disclose the information under this section.
  '  { +  (6) As used in this section, 'school administrator' has
the meaning given that term in section 2, chapter 50, Oregon Laws
2008. + }
  '  { +  SECTION 8. + } ORS 420.048 is amended to read:
  ' 420.048. (1)(a) When a youth offender who is in the legal
custody of the Oregon Youth Authority transfers from one
 { + school or + } school district to a different  { + school
or + } school district, the person responsible for supervising
the youth offender { +  or, in the case of a juvenile department
that has agreed to be responsible for providing the notice
required under this section, the juvenile department + } shall
notify the   { - superintendent - }  { +  school
administrator + } of the  { + school or of the + } school
district to which the youth offender has transferred of the youth
offender's status as a youth offender. The person shall make the
notification no later than 72 hours after the person knows of the
transfer.
  ' (b) When a school   { - district - }  { +  administrator + }
receives notification under this section, the school
 { - district - }  { + administrator + } may request the Oregon
Youth Authority to provide additional information about the youth
offender. The youth authority 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).
  ' (2)   { - In addition to the general notification required by
subsection (1)(a) of this section, the youth authority: - }  { +
The youth authority or juvenile department shall include in the
notice the following:
  ' (a) The name and date of birth of the youth offender;
  ' (b) The names and addresses of the youth offender's parents
or guardians;
  ' (c) The name and contact information of the attorney for the
youth offender, if known; + }
 
  '  { - (a) - }  { +  (d) + }   { - Shall notify the school
district of the specific offense if the act bringing the youth
offender within the jurisdiction of the juvenile court involved a
firearm or delivery of a controlled substance. - }  { +  The
specific offense that brought the youth offender within the
jurisdiction of the juvenile court and whether it involved a
firearm or the delivery of a controlled substance, a violation of
ORS 163.355 to 163.445 or 163.465 or any other offense if the
youth authority or juvenile court believes the youth offender
represents a risk to other students or school staff; + }
  '  { - (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 youth
authority believes the youth offender represents a risk to other
students or school staff. - }
  '  { +  (e) Any conditions of release or terms of probation;
and
  ' (f) Any other conditions required by the court. + }
  ' (3) Except as otherwise provided in ORS 192.490, the youth
authority, a school district { +  or a school administrator, + }
or anyone employed or acting on behalf of the youth
authority { + , + }   { - or - }  school district  { + or school
administrator,  + }who sends or receives records under this
section is not liable civilly or criminally for failing to
disclose the information under this section.
  '  { +  (4) As used in this section:
  ' (a) 'School administrator' has the meaning given that term in
section 2, chapter 50, Oregon Laws 2008.
  ' (b) 'School district' has the meaning given that term in ORS
332.002. + } ' .
  On page 9, delete lines 1 through 30.
  Delete line 37 and insert:
  ' (b) The school administrator of the school the youth offender
will attend or, if the school the youth offender will attend is
unknown, the school administrator of the school district in which
the youth offender will reside; and'.
  On page 10, line 13, after the first 'the' insert 'school
administrator of the school or of the'.
  After line 13, insert:
  ' (5) As used in this section, 'school administrator' has the
meaning given that term in section 2, chapter 50, Oregon Laws
2008.
  '  { +  SECTION 10. + }  { + (1) The amendments to ORS 339.317,
339.319, 339.321, 339.323, 419A.015, 420.048 and 420A.122 and
sections 2 and 3, chapter 50, Oregon Laws 2008, by sections 1 to
9 of this 2009 Act become operative on July 1, 2009.
  ' (2) School districts, as defined in ORS 332.002, and school
administrators, as defined in section 2, chapter 50, Oregon Laws
2008, may take any action before the operative date specified in
subsection (1) of this section that is necessary to enable the
school districts and school administrators to develop procedures
and guidelines pursuant to the amendments to ORS 339.317,
339.319, 339.321, 339.323, 419A.015, 420.048 and 420A.122 and
sections 2 and 3, chapter 50, Oregon Laws 2008, by sections 1 to
9 of this 2009 Act on or after the operative date specified in
subsection (1) of this section. + } ' .
  In line 14, delete '10' and insert '11'.
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