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 2078
 
                           B-Engrossed
 
                         Senate Bill 512
                   Ordered by the House May 22
 Including Senate Amendments dated April 3 and House Amendments
                          dated May 22
 
Sponsored by COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT (at
  the request of Oregon Law Commission)
 
 
                             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 notice to school administrator when youth is within
jurisdiction of juvenile court { + , is + }   { - or - }  charged
with or convicted of certain offenses { +  or is excused from
commission of offense by reason of insanity + }. Requires notice
to school when petition is set aside or dismissed or youth is
adjudged not to be within jurisdiction of juvenile court, and
removal and destruction of information in youth's education
records.   { - Provides that juvenile department shall provide
notice when juvenile department has agreed to do so. - }
Specifies information to be included in notice.  Modifies certain
definitions.
  Provides that placement procedures for appropriate counseling
or education of person who is subject of notice or transfer
student who is receiving special education and related services
must comply with federal law relating to disabilities education.
  Becomes operative July 1, 2009.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to disclosure of information about students involved in
  justice system; creating new provisions; amending 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; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 2, chapter 50, Oregon Laws 2008, is amended
to read:
   { +  Sec. 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. - }
   { +  (1) As used in this section:
  (a) 'Principal' means a person having general administrative
control and supervision of a school.
  (b) 'School administrator' means:
  (A) The superintendent of the school district in which a youth
attends school, or the designee of the superintendent, if the
youth attends a public school that is not a public charter
school;
  (B) The principal of a public charter school, if the youth
attends a public charter school;
  (C) The principal of a private school that provides education
to one or more instructional levels from kindergarten through
grade 12 or equivalent instructional levels, if the youth attends
a private school;
  (D) The superintendent of the school district in which the
youth resides, or the designee of the superintendent, if the
school that the youth attends is not known by the person giving
notice;
  (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.
  (c) 'School district' has the meaning given that term in ORS
332.002.
  (2) Notice shall be given to a school administrator when:
  (a) A youth makes a first appearance before the juvenile court
on a petition described in subsection (7) of this section
alleging that the youth is within the jurisdiction of the
juvenile court under ORS 419C.005.
  (b) A youth admits to being within the jurisdiction of the
juvenile court as provided in ORS 419C.005 on a petition
described in subsection (7) of this section or is adjudicated by
a juvenile court to be within its jurisdiction on a petition
described in subsection (7) of this section.
  (c) A youth is found responsible except for insanity under ORS
419C.411.
  (d) Notice had been given as provided by paragraph (a) or (b)
of this subsection and the juvenile court:
  (A) Sets aside or dismisses the petition as provided in ORS
419C.261; or
  (B) Determines that the youth is not within the jurisdiction of
the juvenile court after a hearing on the merits of the petition.
  (3) A notice required by subsection (2) of this section shall
be given by:
  (a) The district attorney;
  (b) In the case of a petition filed under ORS 419C.250, the
person who filed the petition;
  (c) In the case of a person prosecuting a case who is not the
district attorney, the person who is prosecuting the case; or
 
 
  (d) In the case of a juvenile department that has agreed to be
responsible for providing the notices required under this
section, the juvenile department. + }
    { - (2) - }   { + (4) + }   { - The - }   { + A + } notice
required under subsection   { - (1) - }   { + (2) + } of this
section may be communicated by mail or other   { - method - }
 { + means + } of delivery, including but not limited to
electronic transmission.   { - The - }   { + A + } 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) The name and contact information of the attorney for
the youth, if known;
  (f) The name and contact information of the individual to
contact for further information about the notice; + }
    { - (e) - }   { + (g) + }   { - If notice is required under
subsection (1)(b) of this section, that - }   { + If applicable,
the + } portion of the juvenile court order providing for the
legal disposition of the youth  { - . - }  { + ; + }
   { +  (h) Any conditions of release or terms of probation; and
  (i) Any other conditions required by the court.
  (5) In addition to the information required by subsection (4)
of this section:
  (a) A notice required by subsection (2)(a) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a student who attends your school may come
under the jurisdiction of the juvenile court as the result of a
petition filed with the juvenile court. The student has not yet
been determined to be within the jurisdiction of the juvenile
court nor to have committed any violations of law. The allegation
pending before the juvenile court must not be discussed with the
student. '
  (b) A notice required by subsection (2)(b) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a student who attends your school has come
under the jurisdiction of the juvenile court as the result of a
petition filed with the juvenile court. There may be pending
juvenile court hearings or proceedings, and a disposition order
may not yet have been entered by the court. The allegation
pending before the juvenile court must not be discussed with the
student. '
  (c) A notice required by subsection (2)(c) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a disposition order has been entered in a
case involving a student who attends your school about whom a
previous notice was sent. The disposition order finds the student
to be responsible except for insanity under ORS 419C.411 for the
act alleged in the petition filed with the juvenile court. The
case should not be discussed with the student. '
  (d) A notice required by subsection (2)(d) of this section
shall contain substantially the following statement: 'This notice
is to inform you that a petition involving a student who attends
your school about whom a previous notice was sent has been set
aside or dismissed or the juvenile court has determined the
student is not within its jurisdiction. The notice and any
documents or information related to the notice in the student's
education records should be removed and destroyed upon receipt of
this notice. The case should not be discussed with the
student.' + }
 
 
    { - (3) - }   { + (6) + }   { - The - }   { + A + } notice
required under subsection   { - (1) - }   { + (2) + } 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 youth admits to being within the jurisdiction of
the juvenile court;
  (c) The youth is adjudicated by a juvenile court to be within
the jurisdiction of the court; + }
    { - (b) - }   { + (d) + } The petition is dismissed or set
aside;   { - or - }
    { - (c) - }   { + (e) + } 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  { - . - }  { + ;
or
  (f) The juvenile court enters a disposition order finding the
youth responsible except for insanity under ORS 419C.411. + }
    { - (4) - }   { + (7) + } This section applies to petitions
filed alleging that the youth engaged in { + :
  (a) + } Conduct that, if committed by an adult, would
constitute a crime   { - involving - }  { +  that + }:
    { - (a) - }   { + (A) + }   { - Harm or threatened harm - }
 { + Involves serious physical injury or threatened serious
physical injury + } to another person, including criminal
homicide, felony assault or any attempt to cause serious physical
injury to another person;
    { - (b) - }   { + (B) Involves the + } sexual assault of an
animal or animal abuse in any degree;
    { - (c) - }  { +  (C) Is + } a  { + felony + } sex offense
listed in ORS 181.594 (4), except for rape in the third degree
under ORS 163.355 { +  or incest under ORS 163.525 + };
    { - (d) - }  { +  (D) Involves + } a weapon, as defined in
ORS 166.360, or the threatened use of a weapon;
    { - (e) - }  { +  (E) Involves the + } 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) 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
  (b) Conduct that is of such a nature that the court determines
notice is necessary to safeguard the safety and security of the
school, students and staff. 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. + }
    { - (f) An offense for which manufacture or delivery of
alcohol or a controlled substance is an element of the crime. - }
 
    { - (5) - }   { + (8) + } 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 2. Section 3, chapter 50, Oregon Laws 2008, is amended
to read:
   { +  Sec. 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. - }
   { +  (a) 'School administrator' has the meaning given that
term in section 2, chapter 50, Oregon Laws 2008.
  (b) 'School personnel' means a person who is employed by or
under contract with a school district, public charter school or
private school to provide services to students, including but not
limited to:
  (A) Teachers and school staff.
  (B) Transportation providers.
  (C) Food service workers.
  (D) Daytime building maintenance workers.
  (E) Health center workers or nurses.
  (F) Library personnel.
  (G) Translators. + }
    { - (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 { + , chapter 50, Oregon Laws 2008, + }   { - of this 2008
Act, - }  a school administrator shall notify   { - school
employees and school subcontractors - }   { + school
personnel + } who the school administrator determines need the
information in order to:
  (a) Safeguard the safety and security of the school, students
and   { - staff - }  { +  school personnel + };
  (b) Arrange appropriate counseling   { - and - }   { + or + }
education for the
  { - youth - }  { +  person who is the subject of the
notice + }; or
  (c) If the notice   { - includes any portion of the court order
disposing of the petition - }  { +  states that the court has set
aside or dismissed the petition, or that the court has determined
it does not have jurisdiction over the person who is the subject
of the notice + }, inform   { - school employees and school
subcontractors - }   { + school personnel + } previously notified
of the petition under this subsection that the court has set
aside or dismissed the petition or determined that the
 { - youth - }   { + person who is the subject of the notice + }
is not within the jurisdiction of the juvenile court { +  and
direct the appropriate school personnel to remove and destroy the
notice and any documents or information related to the notice
from the person's educational records + }.
  (3)   { - If a youth - }   { + When a student + } transfers to
 { - an Oregon - }   { + a + } school  { + in this state + } from
a school outside the state, the school administrator of the
 { - Oregon school shall contact the youth's former school
and - }   { + school in this state shall, when requesting the
transfer student's education records as provided under ORS
326.575, + } request any information that the   { - youth's - }
 { + transfer student's + } former school may have relating to
the   { - youth's - }  { + transfer student's + } history of
engaging in activity that is likely to place at risk the safety
of   { - school employees, school subcontractors - }   { + school
personnel + } or   { - other - }  students or that requires
arrangement of appropriate counseling or education for the
 { - youth - }  { +  transfer student + }. Upon receipt of
information that the
  { - youth - }   { + transfer student + } has a history of
engaging in activity that is likely to place at risk the safety
of   { - school employees, school subcontractors - }   { + school
personnel + } or   { - other - }  students, the school
administrator shall notify   { - school employees and school
subcontractors who - }   { + school personnel who the school
administrator determines + } need the information in order to:
  (a) Safeguard the safety and security of the school { + , + }
students and   { - staff - }  { +  school personnel + }; or
  (b) Arrange appropriate counseling   { - and - }   { + or + }
education for the
  { - youth - }  { +  transfer student + }.
   { +  (4) When a school administrator receives notice under
section 2, chapter 50, Oregon Laws 2008, and determines that the
youth is not enrolled in the school administrator's school but 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.
  (e) The principal of the private school if the youth attends a
private school.
  (f) The appropriate school administrator if the youth attends a
school in another school district. + }
    { - (4) - }   { + (5) + } A school district,  { + public
charter school or + } private school   { - or charter school - }
may adopt policies and procedures for providing notification to
 { - school employees and school subcontractors - }   { + school
personnel + } under this section.
    { - (5)(a) - }   { + (6)(a) + } Except as provided in this
section, information contained in a notice required under section
2 { + , chapter 50, Oregon Laws 2008, + }   { - 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 { + , chapter 50, Oregon Laws 2008, + }
 { - 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 - }  { +  received + } with
anyone other than:
  (A) The   { - youth - }  { +  person who is the subject of the
notice or the transfer student + };
  (B) The   { - youth's - }  parent or guardian { +  of the
person who is the subject of the notice or the transfer
student + };
    { - (C) The principal or school superintendent; - }
   { +  (C) A school administrator; + }
  (D)   { - School employees or school subcontractors - }
 { + School personnel + } notified under subsection (2) or (3) of
this section;
  (E) Law enforcement personnel;   { - and - }
 
  (F) The   { - youth's - }  probation officer or juvenile
counselor { +  of the person who is the subject of the notice or
the transfer student; and
  (G) The attorney for the person who is the subject of the
notice or the transfer student + }.
  (c)   { - A school employee or school subcontractor is not - }
 { + School personnel are not + } subject to discipline for
disclosing the existence of a notice under section 2 { + ,
chapter 50, Oregon Laws 2008, + }   { - 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) - }   { + (7)(a) + } Information obtained under
this section or under section 2 { + , chapter 50, Oregon Laws
2008, + }   { - of this 2008 Act - } may not be used for
admissions or disciplinary decisions concerning the
 { - youth - }   { + person who is the subject of a notice or the
transfer student + } unless the violation occurred  { - : - }
 { + in the school or classroom or at a school activity or event,
whether or not the violation took place on school property. + }
    { - (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 { + ,
chapter 50, Oregon Laws 2008, + }   { - of this 2008 Act - }  may
be used for making an educational placement for the
 { - youth - }  { +  person who is the subject of a notice or the
transfer student + }, if necessary for arranging appropriate
counseling   { - and - }   { + or + } education for the
  { - youth - }  { +  person or transfer student. Placement
procedures and decisions under this section regarding a person or
transfer student who is receiving special education and related
services must comply with the Individuals with Disabilities
Education Act, 20 U.S.C. 1400 et seq + }.
  (c) The receipt of a notice under section 2 { + , chapter 50,
Oregon Laws 2008, + }   { - of this 2008 Act - }  does not
deprive the school of the authority to institute or continue a
disciplinary action against the   { - youth - }   { + person who
is the subject of the notice or the transfer student  + }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) - }   { + (8) + } 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 3. ORS 339.317, as amended by section 4, chapter 50,
Oregon Laws 2008, is amended to read:
  339.317. (1)(a) No later than 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  { - , - }  { +  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
give notice of the charge
  { - to the superintendent of the school district in which the
person resides or the superintendent's designee. - }   { + 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. + }
 
  (b) The district attorney { + , + }   { - or - }  city attorney
 { + or juvenile department + } shall include in the notice
 { + the following:
  (A) + } The crime with which the person is charged { + ; + }
 { - . - }
   { +  (B) The name and date of birth of the person;
  (C) The names and addresses of the person's parents or
guardians;
  (D) The name and contact information of the attorney for the
person, if known;
  (E) The name and contact information of the individual to
contact for further information about the notice;
  (F) Any conditions of release or terms of probation; and
  (G) Any other conditions required by the court. + }
  (2) A person who sends records under this section is not
civilly or criminally liable for failing to disclose the
information under this section.
  SECTION 4. ORS 339.319, as amended by section 5, chapter 50,
Oregon Laws 2008, 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  { + 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 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. - }
 { + 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. + }
  (b) The agency supervising the person  { + or the juvenile
department + } 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;
  (C) The crime of conviction;
  (D) The sentence imposed;   { - and - }
   { +  (E) The name and contact information of the attorney for
the person, if known;
  (F) The name and contact information of the individual to
contact for further information about the notice; + }
    { - (E) - }  { +  (G) + }   { - If the person is released on
any type of release, whether school attendance is a condition of
the release - }  { +  Any conditions of release or terms of
probation including, but not limited to, whether school
attendance is a condition of the release; and
  (H) Any other conditions required by the court + }.
  (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 civilly or criminally liable
for failing to disclose the information under this section.
  SECTION 5. ORS 339.321, as amended by section 6, chapter 50,
Oregon Laws 2008, is amended to read:
  339.321. (1) No later than 15 days 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, - }   { + 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 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. - }
   { +  (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. + }
  (2) The department { + , + }   { - or - }  supervisory
authority  { + or the juvenile department + } shall include in
the notification:
  (a)   { - The person's name, date of birth and date of release
or discharge - }  { +  The name and date of birth of the
person + };  { +
  (b) The date of release or discharge; + }
    { - (b) - }   { + (c) + } The person's address;
    { - (c) - }  { +  (d) + } The names and addresses of the
person's parents or guardians;
    { - (d) - }  { +  (e) + }   { - The type of supervision under
which the person is released; and - }   { + The name and contact
information of the attorney for the person, if known; + }
    { - (e) Whether school attendance is a condition of
release. - }
   { +  (f) The name and contact information of the individual to
contact for further information about the notice;
  (g) Any conditions of release or terms of probation including,
but not limited to, the type of supervision under which the
person is released and whether school attendance is a condition
of release; and
  (h) Any other conditions required by the court. + }
  (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 civilly or criminally
liable for failing to disclose the information under this
section.
   { +  (4) As used in this section, 'school administrator' has
the meaning given that term in section 2, chapter 50, Oregon Laws
2008. + }
  SECTION 6. ORS 339.323, as amended by section 7, chapter 50,
Oregon Laws 2008, is amended to read:
  339.323. (1) When a   { - superintendent of a school district
or the superintendent's designee - }   { + school administrator
as defined in section 2, chapter 50, Oregon Laws 2008, + }
receives notice under ORS 339.317, 339.319, 339.321 { + ,
419A.015, 420.048  + }or 420A.122, the
  { - superintendent of the school district or the
superintendent's designee - }   { + school administrator + } may
disclose the information only to   { - those school employees and
school subcontractors - }  { +  school personnel + }, as defined
in section 3, chapter 50, Oregon Laws 2008, who the
 { - district - }   { + 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.
  (2) A   { - superintendent of a school district or the
superintendent's designee - }   { + school administrator + } or
anyone employed by or acting on behalf of a   { - superintendent
or superintendent's designee - }   { + school administrator + }
who receives notice under ORS 339.317, 339.319, 339.321 or
420A.122 is not civilly or criminally liable for failing to
disclose the information.
  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  { + 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.
  (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 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 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;
  (d) The name and contact information of the person giving
notice under subsection (1) of this section or the person's
designated representative to contact for further information
about the notice; + }
    { - (a) - }  { +  (e) + }   { - 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; and + }
    { - (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. - }
   { +  (f) Any terms of probation. + }
  (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. + }
  SECTION 9. ORS 420A.122 is amended to read:
  420A.122. (1) Prior to a youth offender's release or discharge
from a youth correction facility, the Oregon Youth Authority
shall notify the following of the release or discharge:
  (a) Law enforcement agencies in the community in which the
youth offender is going to reside;
    { - (b) The school district in which the youth offender is
going to reside; and - }
   { +  (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 + }
  (c) If requested by the victim, as defined in ORS 419A.004, the
victim.
  (2) The youth authority shall include in the notification:
  (a) The youth offender's name and date of   { - release or
discharge - }  { +  birth + };
   { +  (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;
  (d) The name and contact information of the individual to
contact for further information about the notification;
  (e) The youth offender's date of release or discharge; + }
    { - (b) - }  { +  (f) + } The type of placement to which the
youth offender is released;
    { - (c) Whether school attendance is a condition of release;
and - }
    { - (d) If the youth offender is a sex offender, as defined
in ORS 181.594, all other conditions of release. - }
   { +  (g) The specific offense that brought the youth offender
within the jurisdiction of the juvenile court;
  (h) Any terms of parole including, but not limited to, whether
school attendance is a condition of release; and
  (i) Any other conditions required by the court. + }
  (3) The youth authority, a law enforcement agency or anyone
employed by or acting on behalf of the youth authority or law
enforcement agency with responsibility for sending records under
this section is not liable civilly or criminally for failing to
disclose the information under this section.
  (4) No later than seven days after a youth offender's release
or discharge from a youth correction facility, the Department of
Education or its contractor shall provide the youth offender's
education records to the  { + school administrator of the school
or of the + } school district in which the youth offender
enrolls.
   { +  (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. + }
  SECTION 11.  { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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