73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
Senate Bill 755
Sponsored by Senator WALKER; Senator DEVLIN, Representatives
FLORES, MINNIS
CHAPTER ................
AN ACT
Relating to education employees; creating new provisions;
amending ORS 338.025 and 338.115; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in this section and sections 2 and 3 of
this 2005 Act:
(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 State School for the Blind.
(c) The Oregon State School for the Deaf.
(d) An educational program under the Youth Corrections
Education Program.
(e) A public charter school as defined in ORS 338.005.
(f) An education service district as defined in ORS 334.003.
(g) Any state-operated program that provides educational
services to kindergarten through grade 12 students.
(h) A private school.
(4) 'Law enforcement agency' has the meaning given that term in
ORS 419B.005.
(5) 'Private school' means a school that provides educational
services as defined in ORS 345.505 to kindergarten through grade
12 students.
(6) 'School board' means the governing board or governing body
of an education provider.
(7) 'School employee' means an employee of an education
provider. + }
SECTION 2. { + Each school board shall adopt policies on the
reporting of child abuse. The policies shall:
(1) Specify that child abuse by school employees is not
tolerated;
(2) Specify that all school employees are subject to the
policies;
(3) Require that all school employees 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 report suspected child abuse to the
employees' supervisors or other persons designated by the school
board;
Enrolled Senate Bill 755 (SB 755-B) Page 1
(4) Designate a person to receive reports of suspected child
abuse by school employees 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 child abuse by school
employees 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 child abuse 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 child abuse by a school employee; and
(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. + }
SECTION 3. { + (1) Any school employee having reasonable cause
to believe that any child with whom the employee comes in contact
has suffered abuse by another school employee, or that another
school employee 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
(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.
(2) A supervisor or other person designated by the school board
who receives a report under subsection (1) of this section, shall
follow the procedures required by the policy adopted by the
school board under section 2 of this 2005 Act.
(3) Except as provided in subsection (4) of this section, when
an education provider receives a report of suspected child abuse
by one of its employees, and the education provider's designee
determines that there is reasonable cause to support the report,
the education provider shall place the school employee on paid
administrative leave until either:
(a) The Department of Human Services or a law enforcement
agency determines that the report is unfounded 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 founded and the education
provider takes the appropriate disciplinary action against the
school employee.
(4) 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, an education provider
may reinstate a school employee placed on paid administrative
leave under subsection (3) of this section or may take the
appropriate disciplinary action against the employee.
(5) 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.
(6) The disciplinary records of a school employee convicted of
a crime listed in ORS 342.143 are not exempt from disclosure
under ORS 192.501 or 192.502. When a school employee is convicted
of a crime listed in ORS 342.143, the education provider that is
Enrolled Senate Bill 755 (SB 755-B) Page 2
the employer of the employee shall disclose the disciplinary
records of the employee to any person upon request.
(7) Prior to disclosure of a disciplinary record under
subsection (6) 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 who is not the subject of the disciplinary
record. + }
SECTION 4. 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 { - shall - }
{ + do + } not apply to public charter schools. However, the
following laws
{ - shall - } apply to public charter schools:
(a) Federal law;
(b) ORS 192.410 to 192.505 (public records law);
(c) ORS 192.610 to 192.690 (public meetings law);
(d) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.539, 326.603, 326.607 and 342.232 (criminal records
checks);
(f) ORS 337.150 (textbooks);
(g) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(h) ORS 659.850 and 659.855 (discrimination);
(i) ORS 30.260 to 30.300 (tort claims);
(j) Health and safety statutes and rules;
(k) Any statute or rule that is listed in the charter;
(L) The statewide assessment system developed by the Department
of Education for mathematics, science and English under ORS
329.485 (1);
(m) ORS 329.045 (academic content standards and instruction);
(n) Any statute or rule that establishes requirements for
instructional time provided by a school during each day or during
a year;
(o) ORS 339.250 (12) (prohibition on infliction of corporal
punishment);
{ + (p) Sections 1, 2 and 3 of this 2005 Act (reporting of
child abuse); + } and
{ - (p) - } { + (q) + } 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' shall
include public charter school as those terms are used in that
statute or rule.
(4) A public charter school { - shall - } { + 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 public charter school shall maintain an active enrollment
of at least 25 students.
(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 capacity and employees of a sponsor
acting in their official capacity are immune from civil liability
with respect to all activities related to a public charter school
within the scope of their duties or employment.
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(8) A public charter school may enter into contracts and may
lease facilities and services from a school district, education
service district, state institution of higher education, 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, certificate,
Certificate of Initial Mastery or Certificate of Advanced Mastery
to any public charter school student who meets the district's and
state's standards for a high school diploma, certificate,
Certificate of Initial Mastery or Certificate of Advanced
Mastery. If the school district offers a Certificate of Initial
Mastery subject area endorsement to students who attend school in
the district, then the school district shall offer the
endorsement to any public charter school student who meets the
district's and state's standards for the endorsement.
(12) A high school diploma, certificate, Certificate of Initial
Mastery, Certificate of Initial Mastery subject area endorsement
or Certificate of Advanced Mastery issued by a public charter
school shall grant to the holder the same rights and privileges
as a high school diploma, certificate, Certificate of Initial
Mastery, Certificate of Initial Mastery subject area endorsement
or Certificate of Advanced Mastery 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 5. ORS 338.025 is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to { - (o) - } { + (p) + }.
SECTION 6. { + Sections 1 to 3 of this 2005 Act and the
amendments to ORS 338.115 and 338.025 by sections 4 and 5 of this
2005 Act apply to contracts entered into on or after the
effective date of this 2005 Act. + }
SECTION 7. { + This 2005 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2005 Act takes effect on its
passage. + }
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Enrolled Senate Bill 755 (SB 755-B) Page 4
Passed by Senate April 5, 2005
Repassed by Senate June 15, 2005
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 13, 2005
...........................................................
Speaker of House
Enrolled Senate Bill 755 (SB 755-B) Page 5
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled Senate Bill 755 (SB 755-B) Page 6