Chapter 963 Oregon Laws 1999

Session Law

AN ACT

HB 3158

Relating to juveniles; creating new provisions; and amending ORS 339.080 and 419A.015.

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

SECTION 1. 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 or probation officer 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 or probation officer 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 or probation officer shall make the notification no later than 72 hours after the juvenile counselor or probation officer knows of the transfer.

(2) Upon request by the school district, 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 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.

(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 school district receives notice under this section, the school district may disclose the information only to those school employees the district determines need the information in order to safeguard the safety and security of the school, students and staff.]

[(5)] (4) 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 for failing to disclose the information under this section.

SECTION 1a. If Senate Bill 449 becomes law, section 1 of this 1999 Act (amending ORS 419A.015) is repealed and ORS 419A.015, as amended by section 9, chapter 620, Oregon Laws 1999 (Enrolled Senate Bill 449), is amended to read:

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

(4) When a school district receives notice under this section, the school district may disclose the information only to those school employees 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.

(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 for failing to disclose the information under this section.

SECTION 2. Section 3 of this 1999 Act is added to and made a part of ORS 420.005 to 420.045.

SECTION 3. (1)(a) When a youth offender who is in the legal custody of the Oregon Youth Authority transfers from one school district to a different school district, the person responsible for supervising the youth offender shall notify the superintendent 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 receives notification under this section, the school district 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:

(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.

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

SECTION 4. ORS 339.080 is amended to read:

339.080. (1) Except as provided in ORS 339.030, in case any parent or other person in parental relation fails to send any child under the control of the parent or other person to the public school, the attendance supervisor, within 24 hours after notification from the proper authority of the failure, shall give formal written notice in person or by registered or certified mail to the parent or other person. The notice shall state that the child must appear at the public school on the next school day following the receipt of the notice. The notice shall inform the parent or other person that regular attendance at school must be maintained during the remainder of the school year.

(2) At the same time notice is given to the parent or other person, the attendance supervisor shall notify the superintendent or principal, as suitable, of the fact of the notice. The superintendent or principal shall notify the attendance supervisor of any failure on the part of the parent or other person to comply with the notice.

(3) If the child who is the subject of a notice under subsection (1) of this section is a youth offender on parole or probation, at the same time notice is given to the parent or other person, the attendance supervisor shall notify the child's parole or probation officer of the child's absence.

Approved by the Governor August 17, 1999

Filed in the office of Secretary of State August 18, 1999

Effective date October 23, 1999

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