Bill Text: OR HB2863 | 2013 | Regular Session | Introduced
Bill Title: Relating to student education records; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2863 Detail]
Download: Oregon-2013-HB2863-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2600
House Bill 2863
Sponsored by 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 as
introduced.
Directs State Board of Education to appoint Chief Privacy
Officer to be responsible for ensuring that student information
contained in student education records is adequately protected.
Directs education entity to provide certain information to
students, parents, legal guardians and teachers related to
personal data collected by education entity.
Allows student, parent or legal guardian to refuse to provide
personal data or to agree to provide personal data but request
that data not be shared.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to student education records; creating new provisions;
amending ORS 326.565, 326.580 and 338.115; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Board of Education shall appoint
a Chief Privacy Officer who shall serve at the pleasure of the
board.
(2) The Chief Privacy Officer is responsible for ensuring that
information contained in student education records is adequately
protected by:
(a) Recommending to the board standards for:
(A) The creation, use, custody and disclosure of student
education records that are consistent with the requirements of
state and federal law; and
(B) The content and format of electronic student records that
are consistent with the requirements of state and federal law.
(b) Issuing an assessment of any data system, program or
contract involving personally identifiable information from
student education records that:
(A) Is about a student or a parent or guardian of a student;
and
(B) Is not required to be collected under federal law, not
required for recordkeeping purposes or not required for the
administration of a school, a school district or an education
service district, as determined under rules adopted by the board.
(c) Making assessments issued under paragraph (b) of this
subsection available on the website of the Department of
Education.
(d) Imposing sanctions against any school, school district or
education service district for any disclosure of personally
identifiable information from a student's records that is
prohibited by the rules of the board.
(e) Administering the Oregon electronic student record program
described in ORS 326.580.
(f) Any other duties related to student education records
assigned by the board.
(3) When developing standards as provided by subsection (2)(a)
of this section, the Chief Privacy Officer shall ensure that the
disclosure of personally identifiable information is minimized to
the greatest extent practicable as allowed under state and
federal law. + }
SECTION 2. ORS 326.565 is amended to read:
326.565. { + (1) + } The State Board of Education { + , in
consultation with the Chief Privacy Officer, + } shall adopt by
rule standards for the creation, use, custody and disclosure,
including access, of student education records that are
consistent with the requirements of applicable state and federal
law.
{ + (2) + } The { - state - } board shall distribute the
rules that are adopted to all school districts. The school
districts shall make those rules available to the public schools
in the district and to the public.
{ + (3) + } The { - state - } board may differentiate the
standards applicable to persons 18 years of age or older or
enrolled in post-secondary institutions.
{ + (4) + } The standards shall include requirements under
which public and private schools and education service districts
transfer student education records pursuant to ORS 326.575.
SECTION 3. ORS 326.580 is amended to read:
326.580. (1) As used in this section, 'educational institution'
means:
(a) An 'educational institution' as defined in ORS 326.575.
(b) A state agency.
(c) A local correctional facility.
(2) The State Board of Education { - may - } { + , in
consultation with the Chief Privacy Officer, shall + } adopt by
rule standards for the content and format of an Oregon electronic
student record. An Oregon electronic student record may be used
to transfer student record information from one educational
institution to another.
(3) The board may define the Oregon electronic student record
to constitute a full and complete copy of the official student
permanent record, student education record and certificate of
immunization status that are required by state and federal law.
(4) The standards established by the board shall include
procedures and criteria for participation in the Oregon
electronic student record program by educational institutions. An
educational institution may apply to the Department of Education
for a certificate of participation in the Oregon electronic
student record program.
(5) An educational institution that is approved for
participation in the Oregon electronic student record program by
the Department of Education:
(a) Shall not be required to forward by mail or other means
physical items such as original documents or photocopies to a
receiving educational institution that also is approved for
participation in the program. This paragraph does not apply to
special education records that are specifically required by
federal law to be physically transferred.
(b) May elect to designate the Oregon electronic student record
as the official student record.
(c) Shall retain the official student record in compliance with
state and federal law.
SECTION 4. { + (1) As used in this section:
(a) 'Education entity' means a school district, the schools of
a school district or an education service district.
(b) 'Personal data' means:
(A) Personally identifiable information about a student or a
parent or guardian of a student; and
(B) Any other information not required to be collected under
state or federal law, not required for recordkeeping purposes or
not required for the administration of the education entity, as
determined under rules adopted by the State Board of Education.
(2)(a) An education entity shall provide information to
students and the parents or legal guardians of students about the
purposes for which personal data collected by the education
entity will be used. The information must be provided:
(A) Within one week of the beginning of the school year or one
week of the student enrolling in a school served by the education
entity; and
(B) At any other time when the education entity collects
personal data.
(b) An education entity shall provide information to the
teachers employed by the education entity about the purposes for
which personal data collected by the education entity will be
used. The information must be provided:
(A) Within one week of the beginning of the school year; and
(B) At any other time when the education entity collects
personal data and the education entity determines that teachers
should receive information about the personal data collected.
(3) Information provided by the education entity under
subsection (2) of this section must include a description of the
personal data collected, an identification of who will use the
personal data and an explanation of why the personal data will be
used.
(4) A student, parent or legal guardian may:
(a) Refuse to provide personal data only if the personal data
meets the requirements described in subsection (1)(b)(B) of this
section; or
(b) Agree to provide personal data but request in writing that
the personal data not be shared with any other public or private
entity. + }
SECTION 5. { + Section 4 of this 2013 Act first applies to the
2013-2014 school year. + }
SECTION 6. ORS 338.115, as amended by section 9, chapter 92,
Oregon Laws 2012, 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 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 { + and section 4 of this
2013 Act + }(student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(k) ORS 337.150 (textbooks);
(L) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(m) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(n) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(o) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
abuse and sexual conduct and training on prevention and
identification of abuse and sexual conduct);
(p) ORS chapter 657 (Employment Department Law);
(q) ORS 659.850, 659.855 and 659.860 (discrimination);
(r) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(s) Health and safety statutes and rules;
(t) Any statute or rule that is listed in the charter;
(u) ORS 339.119 (consideration for educational services); and
(v) 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) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(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, public university listed in ORS 352.002, 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, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an 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 7. ORS 338.115, as amended by section 7, chapter 839,
Oregon Laws 2007, section 12, chapter 50, Oregon Laws 2008,
section 4, chapter 618, Oregon Laws 2009, section 3, chapter 53,
Oregon Laws 2010, section 3, chapter 94, Oregon Laws 2011,
section 118, chapter 637, Oregon Laws 2011, section 5, chapter
682, Oregon Laws 2011, and section 10, chapter 92, Oregon Laws
2012, 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 30.260 to 30.300 (tort claims);
(c) ORS 192.410 to 192.505 (public records law);
(d) ORS 192.610 to 192.690 (public meetings law);
(e) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(f) ORS 326.565, 326.575 and 326.580 { + and section 4 of this
2013 Act + } (student records);
(g) ORS 181.534, 326.603, 326.607, 342.223 and 342.232
(criminal records checks);
(h) ORS 329.045 (academic content standards and instruction);
(i) ORS 329.451 (high school diploma, modified diploma,
extended diploma and alternative certificate);
(j) ORS 329.496 (physical education);
(k) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (2);
(L) ORS 337.150 (textbooks);
(m) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(n) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
(o) ORS 339.326 (notice concerning students subject to juvenile
court petitions);
(p) ORS 339.370, 339.372, 339.388 and 339.400 (reporting of
abuse and sexual conduct and training on prevention and
identification of abuse and sexual conduct);
(q) ORS chapter 657 (Employment Department Law);
(r) ORS 659.850, 659.855 and 659.860 (discrimination);
(s) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(t) Health and safety statutes and rules;
(u) Any statute or rule that is listed in the charter;
(v) ORS 339.119 (consideration for educational services); and
(w) 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) A public charter school shall maintain an active
enrollment of at least 25 students.
(b) For a public charter school that provides educational
services under a cooperative agreement described in ORS 338.080,
the public charter school is in compliance with the requirements
of this subsection if the public charter school provides
educational services under the cooperative agreement to at least
25 students, without regard to the school districts in which the
students are residents.
(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, public university listed in ORS 352.002, 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, a modified diploma, an
extended diploma or an alternative certificate to any public
charter school student who meets the district's and state's
standards for a high school diploma, a modified diploma, an
extended diploma or an alternative certificate.
(12) A high school diploma, a modified diploma, an extended
diploma or an alternative certificate issued by a public charter
school grants to the holder the same rights and privileges as a
high school diploma, a modified diploma, an extended diploma or
an 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 8. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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