Bill Text: OR HB4016 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to harm to a child.

Spectrum: Unknown

Status: (Passed) 2012-04-11 - Chapter 92, (2012 Laws): Effective date January 1, 2013. [HB4016 Detail]

Download: Oregon-2012-HB4016-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 291

                         House Bill 4016

Introduced and printed pursuant to House Rule 12.00. 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 as
introduced.

  Adds employee or volunteer of organization providing
child-related services or activities, employee of higher
education institution, coach, assistant coach or trainer of child
athlete and individual who provides guidance, instruction or
training in youth development activity to list of public and
private officials required to report child abuse.
  Requires school boards to adopt policies and take certain
actions related to abuse of students by students.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to harm to a child; creating new provisions; amending
  ORS 338.115, 339.370, 339.372, 339.374, 339.378, 339.388,
  339.392, 339.400 and 419B.005; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419B.005 is amended to read:
  419B.005. As used in ORS 419B.005 to 419B.050, unless the
context requires otherwise:
  (1)(a) 'Abuse' means:
  (A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
  (B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
  (C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
described in ORS chapter 163.
  (D) Sexual abuse, as described in ORS chapter 163.
  (E) Sexual exploitation, including but not limited to:
  (i) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which allows,
employs, authorizes, permits, induces or encourages a child to
engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which,
in whole or in part, depicts sexual conduct or contact, as
defined in ORS 167.002 or described in ORS 163.665 and 163.670,
sexual abuse involving a child or rape of a child, but not
including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or which is designed to serve
educational or other legitimate purposes; and
  (ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution or to patronize a prostitute, as defined
in ORS chapter 167.
  (F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
  (G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
  (I) Permitting a person under 18 years of age to enter or
remain in or upon premises where methamphetamines are being
manufactured.
  (J) Unlawful exposure to a controlled substance, as defined in
ORS 475.005, that subjects a child to a substantial risk of harm
to the child's health or safety.
  (b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
  (2) 'Child' means an unmarried person who is under 18 years of
age.
   { +  (3) 'Higher education institution' means:
  (a) A community college as defined in ORS 341.005;
  (b) A public university listed in ORS 352.002;
  (c) The Oregon Health and Science University; and
  (d) A private institution of higher education located in
Oregon. + }
    { - (3) - }  { +  (4) + } 'Law enforcement agency' means:
  (a) A city or municipal police department.
  (b) A county sheriff's office.
  (c) The Oregon State Police.
  (d) A police department established by a university under ORS
352.383.
  (e) A county juvenile department.
    { - (4) - }  { +  (5) + } 'Public or private official' means:
  (a) Physician, osteopathic physician, physician assistant,
naturopathic physician, podiatric physician and surgeon,
including any intern or resident.
  (b) Dentist.
  (c) School employee { + , including an employee of a higher
education institution who has contact with or temporary care,
control or supervision of a child + }.
  (d) Licensed practical nurse, registered nurse, nurse
practitioner, nurse's aide, home health aide or employee of an
in-home health service.
  (e) Employee of the Department of Human Services, Oregon Health
Authority, State Commission on Children and Families, Child Care
Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health
program, a community developmental disabilities program, a county
juvenile department, a licensed child-caring agency or an alcohol
and drug treatment program.
  (f) Peace officer.
  (g) Psychologist.
  (h) Member of the clergy.
  (i) Regulated social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of foster care, or an employee thereof.
  (m) Attorney.
  (n) Licensed professional counselor.
  (o) Licensed marriage and family therapist.
  (p) Firefighter or emergency medical services provider.
  (q) A court appointed special advocate, as defined in ORS
419A.004.
  (r) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
  (s) Member of the Legislative Assembly.
  (t) Physical, speech or occupational therapist.
  (u) Audiologist.
  (v) Speech-language pathologist.
  (w) Employee of the Teacher Standards and Practices Commission
directly involved in investigations or discipline by the
commission.
  (x) Pharmacist.
  (y) An operator of a preschool recorded program under ORS
657A.255.
  (z) An operator of a school-age recorded program under ORS
657A.257.
  (aa) Employee of a private agency or organization facilitating
the provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056.
   { +  (bb) Employee or volunteer of a public or private
organization providing child-related services or activities that
allow the employee or volunteer temporary care, control or
supervision of a child, including but not limited to youth groups
or centers, scout groups or camps, summer or day camps, survival
camps or groups, centers or camps that are operated under the
guidance, supervision or auspices of religious, public or private
educational systems or community service organizations.
  (cc) A coach, assistant coach or trainer of an amateur,
semiprofessional or professional athlete, whether an employee or
volunteer, where the athlete is a child.
  (dd) An individual who provides guidance, instruction or
training to a child in a youth development activity that is
intended for enrichment, including but not limited to teaching
skills or proficiency in physical, social or educational
activities such as tutoring, music or dance lessons or
recreational activities, where the individual has temporary care,
control or supervision of the child. + }
  SECTION 2. ORS 339.370 is amended to read:
  339.370. As used in ORS 339.370 to 339.400:
  (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 Deaf.
  (c) An educational program under the Youth Corrections
Education Program.
  (d) A public charter school, as defined in ORS 338.005.
  (e) An education service district, as defined in ORS 334.003.
  (f) Any state-operated program that provides educational
services to kindergarten through grade 12 students.
  (g) 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  { + or student + } who is the subject of the
report; and
  (b)  { + If the subject of the report is a school employee,
 + }meets any negotiated standards of an employment contract or
agreement.
  (5) 'Law enforcement agency' has the meaning given that term in
ORS 419B.005.
  (6) 'Private school' means a school that provides to
kindergarten through grade 12 students instructional programs
that are not limited solely to dancing, drama, music, religious
or athletic instruction.
  (7) 'School board' means the governing board or governing body
of an education provider.
  (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 { +  or the student's education record + }.
  SECTION 3. 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  { +  and the reporting of abuse by students + }. The
policies shall:
  (1) Specify that   { - child - }  abuse and sexual conduct by
school employees  { + and abuse by students + } are not
tolerated;
  (2) Specify that all school employees  { + and students + } are
subject to the policies;
  (3) Require all school employees who have reasonable cause to
believe that another school employee has engaged in
 { - child - }  abuse or sexual conduct  { + or that a student
has engaged in abuse + } 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 - }  { +  person designated as provided by
subsection (4) of this section + };
  (4) Designate a person to receive reports of suspected
  { - child - }  abuse or sexual conduct by school employees
 { + or suspected abuse by students + } and specify the
procedures to be followed by that person upon receipt of a
report;
   { +  (5) Require notification related to the initiation of an
investigation involving suspected abuse or sexual conduct to the
parents or legal guardians of:
  (a) The child who may have been subjected to abuse or sexual
conduct, if the child is 11 years of age or younger; and
  (b) The child who is the subject of an investigation involving
suspected abuse, if the person who is the subject of the
investigation is a student 11 years of age or younger;
  (6) Allow an education provider to determine, based on the
discretion of the education provider, whether to provide
notification related to the initiation of an investigation
involving suspected abuse or sexual conduct to the parents or
legal guardians of:
  (a) The child who may have been subjected to abuse or sexual
conduct, if the child is 12 years of age or older; and
  (b) The child who is the subject of an investigation involving
suspected abuse, if the person who is the subject of the
investigation is a student 12 years of age or older; + }
    { - (5) - }   { + (7) + } 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  { + or suspected abuse by students + } and the
procedures the person will follow upon receipt of a report;
    { - (6) - }   { + (8) + } 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) - }   { + (9) + } 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 { +
or suspected abuse by a student + };
    { - (8) - }   { + (10) + } 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 - }
   { +  (11) Require notification to the parents or legal
guardians who received notification as provided by subsections
(5) and (6) of this section of the actions taken by the education
provider based on the investigation; and + }
    { - (9) - }   { + (12) + } 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 339.378 or 339.388   { - (7) - }
 { + (8) + } if a report of suspected   { - child - }  abuse or
sexual conduct is substantiated.
  SECTION 4. ORS 339.388 is amended to read:
  339.388. (1)(a) A school employee having reasonable cause to
believe that a child with whom the employee comes in contact has
suffered abuse by another school employee { +  or by a
student + }, or that another school employee  { + or a
student + } with whom the employee comes in contact has abused a
child, shall immediately report the information to:
    { - (A) A supervisor or other person designated by the school
board; and - }
   { +  (A) The person designated in the policy adopted under ORS
339.372; and + }
  (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 - }  { +  the person designated in the policy
adopted under ORS 339.372 + }.
  (2) A   { - supervisor or other person designated by the school
board - }   { + person + } 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:
  (A) The Department of Human Services or a law enforcement
agency determines that the report cannot be substantiated or that
the report will not be pursued; or
  (B) The Department of Human Services or a law enforcement
agency determines that the report is substantiated and the
education provider takes the appropriate disciplinary action
against the school employee.
  (4) 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 - }   { + a + } report of suspected
 { - child - }  abuse or sexual conduct  { + by a school
employee + } 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 ORS 339.378.
  (d) Inform the school employee that information about
substantiated reports may be disclosed to a potential employer as
provided by subsection   { - (7) - }   { + (8) + } of this
section and ORS 339.378.
   { +  (6) If, following an investigation, an education provider
determines that a report of suspected abuse by a student is a
substantiated report, the education provider shall:
  (a) Make the notifications required by ORS 339.372 (11).
  (b) Create a record of the substantiated report and place the
record in the student's education record. + }
    { - (6) - }   { + (7) + } 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.
    { - (7)(a) - }   { + (8)(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.
    { - (8) - }   { + (9) + } Prior to disclosure of a
disciplinary record under subsection   { - (7) - }   { + (8) + }
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 339.374 is amended to read:
  339.374. Except as provided in ORS 339.384, 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 339.388   { - (7) - }  { +  (8) + }.
  (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 6. ORS 339.378 is amended to read:
  339.378. (1) Not later than 20 days after receiving a request
under ORS 339.374, 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 339.388   { - (7) - }  { +  (8) + }.

  (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 ORS 339.374 (2).
  (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 7. ORS 339.392 is amended to read:
  339.392. (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 339.388 (5).
  SECTION 8. ORS 339.400 is amended to read:
  339.400. (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 9. ORS 338.115 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 (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
  { - child - }  abuse  { + and sexual conduct + } and training
on prevention and identification of   { - child - }  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 10. 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, and section 5,
chapter 682, Oregon Laws 2011, 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 (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
  { - child - }  abuse  { + and sexual conduct + } and training
on prevention and identification of   { - child - }  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 11.  { + The amendments to ORS 338.115, 339.370,
339.372, 339.374, 339.378, 339.388, 339.392 and 339.400 by
sections 2 to 10 of this 2012 Act become operative on July 1,
2012. + }
  SECTION 12.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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