Bill Text: OR SB139 | 2013 | Regular Session | Introduced

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Bill Title: Relating to education audits.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB139 Detail]

Download: Oregon-2013-SB139-Introduced.html

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     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 513

                         Senate Bill 139

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Secretary of State Kate
  Brown)

                             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.

  Allows Oregon Education Investment Board to authorize Secretary
of State to have access to education records of students in
public education system for auditing purposes under federal
Family Educational Rights and Privacy Act.

                        A BILL FOR AN ACT
Relating to education audits; creating new provisions; and
  amending ORS 336.187.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + For purposes of carrying out an audit or
evaluation of federal or state-supported education programs, or
to enforce or comply with federal legal requirements that relate
to those programs, as described in the federal Family Educational
Rights and Privacy Act (20 U.S.C. 1232g; 34 C.F.R. part 99), the
Oregon Education Investment Board may authorize the Secretary of
State to have access to education records of students in the
public education system. + }
  SECTION 2. ORS 336.187 is amended to read:
  336.187. (1) A public school or school district shall disclose
personally identifiable information or other information allowed
to be disclosed by the federal Family Educational Rights and
Privacy Act from an education record of a student to:
  (a) Law enforcement, child protective services and health care
professionals in connection with a health or safety emergency if
knowledge of the information is necessary to protect the health
and safety of the student or other individuals  { - ; and - }
 { + . + }
  (b) Courts and state and local juvenile justice agencies
including, but not limited to, law enforcement agencies, juvenile
departments and child protective service agencies. Disclosure
under this paragraph must relate to the court's or juvenile
justice agency's ability to serve the needs of a student prior to
the student's adjudication under ORS chapter 419C. A person to
whom personally identifiable information is disclosed under this
paragraph shall certify, in writing, that the person will not
disclose the information to a third party other than another
court or juvenile justice agency or a person or organization
providing direct services to the student on behalf of a juvenile
justice agency.
   { +  (c) The Secretary of State, if authorized by the Oregon
Education Investment Board under section 1 of this 2013 Act. + }
  (2) As used in this section, a 'health or safety emergency '
includes, but is not limited to, law enforcement efforts to
locate a child who may be a victim of kidnap, abduction or
custodial interference and law enforcement or child protective
services efforts to respond to a report of child abuse or neglect
pursuant to ORS 419B.005 to 419B.050.
  (3) A person who receives information under this section is not
liable civilly or criminally for failing to disclose the
information.
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