Bill Text: OR SB821 | 2013 | Regular Session | Enrolled
Bill Title: Relating to private school procedures related to employee conduct; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-07-03 - Effective date, July 1, 2013. [SB821 Detail]
Download: Oregon-2013-SB821-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 821
Sponsored by COMMITTEE ON EDUCATION AND WORKFORCE DEVELOPMENT
CHAPTER ................
AN ACT
Relating to private school procedures related to employee
conduct; amending ORS 339.372, 339.374, 339.378 and 339.388;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.388, as amended by section 4, chapter 92,
Oregon Laws 2012, 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) 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 the person designated in the policy adopted under
ORS 339.372.
(2) A 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 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 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:
Enrolled Senate Bill 821 (SB 821-A) Page 1
(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 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 abuse,
whether abuse occurred.
(5) If, following an investigation, an education provider
determines that a report of suspected 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)(a) Notwithstanding the requirements of subsections
(3), (4) and (5) of this section, an education provider that is a
private school:
(A) May discipline or terminate a school employee according to:
(i) The provisions of subsections (3) and (4) of this section;
or
(ii) The standards and policies of the private school if the
standards and policies provide the same or greater safeguards for
the protection of children compared to the safeguards described
in subsections (3) and (4) of this section.
(B) May follow the procedures described in subsection (5) of
this section or may follow any appeals process established by the
private school related to suspected child abuse or sexual
conduct.
(b) A private school that chooses to discipline or terminate a
school employee according to the standards and policies of the
school must provide the information required to be disclosed
under ORS 339.378. + }
{ - (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
Enrolled Senate Bill 821 (SB 821-A) Page 2
records of investigations of suspected 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 2. ORS 339.372, as amended by section 3, chapter 92,
Oregon Laws 2012, is amended to read:
339.372. Each school board shall adopt policies on the
reporting of abuse and sexual conduct by school employees and the
reporting of abuse by students. The policies shall:
(1) Specify that 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 abuse or
sexual conduct or that a student has engaged in abuse to:
(a) Report suspected 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 abuse or sexual conduct to the person
designated as provided by subsection (4) of this section;
(4) Designate a person, and an alternate in the event the
designated person is the suspected abuser, to receive reports of
suspected 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 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 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) Specify that the initiation of a report in good faith about
suspected abuse or sexual conduct may not adversely affect any
terms or conditions of employment or the work environment of the
complainant;
(7) 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 abuse or sexual conduct by a school
employee or suspected abuse by a student;
(8) 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
Enrolled Senate Bill 821 (SB 821-A) Page 3
(9) 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 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 abuse or sexual conduct is
substantiated.
SECTION 3. ORS 339.374, as amended by section 5, chapter 92,
Oregon Laws 2012, 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 abuse or
sexual conduct; or
(B) Is the subject of an ongoing investigation related to a
report of suspected 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 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 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 abuse or
sexual conduct.
(4) Conduct a nationwide criminal records check if required by
ORS 326.603.
SECTION 4. ORS 339.378, as amended by section 6, chapter 92,
Oregon Laws 2012, 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) + }.
Enrolled Senate Bill 821 (SB 821-A) Page 4
(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 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 5. { + 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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Passed by Senate April 11, 2013
Repassed by Senate June 18, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 13, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 821 (SB 821-A) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 821 (SB 821-A) Page 6
