Oregon Statutes 339.326 – Actions after receipt of notice under ORS 419A.305; transfers from outside state; enrollment in other school or program; confidentiality of information; use of information; immunity
(1) As used in this section:
Terms Used In Oregon Statutes 339.326
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(a) ‘School administrator’ has the meaning given that term in ORS § 419A.305.
(b) ‘School personnel’ means a person who is employed by or under contract with a school district, public charter school or private school to provide services to students, including but not limited to:
(A) Teachers and school staff.
(B) Transportation providers.
(C) Food service workers.
(D) Daytime building maintenance workers.
(E) Health center workers or nurses.
(F) Library personnel.
(G) Translators.
(2) Within 48 hours after receiving notice under ORS § 419A.305, a school administrator shall notify school personnel who the school administrator determines need the information in order to:
(a) Safeguard the safety and security of the school, students and school personnel;
(b) Arrange appropriate counseling or education for the person who is the subject of the notice; or
(c) If the notice states that the court has set aside or dismissed the petition, or that the court has determined it does not have jurisdiction over the person who is the subject of the notice, inform school personnel previously notified of the petition under this subsection that the court has set aside or dismissed the petition or determined that the person who is the subject of the notice is not within the jurisdiction of the juvenile court and direct the appropriate school personnel to remove and destroy the notice and any documents or information related to the notice from the person’s educational records.
(3) When a student transfers to a school in this state from a school outside the state, the school administrator of the school in this state shall, when requesting the transfer student’s education records as provided under ORS § 326.575, request any information that the transfer student’s former school may have relating to the transfer student’s history of engaging in activity that is likely to place at risk the safety of school personnel or students or that requires arrangement of appropriate counseling or education for the transfer student. Upon receipt of information that the transfer student has a history of engaging in activity that is likely to place at risk the safety of school personnel or students, the school administrator shall notify school personnel who the school administrator determines need the information in order to:
(a) Safeguard the safety and security of the school, students and school personnel; or
(b) Arrange appropriate counseling or education for the transfer student.
(4) When a school administrator receives notice under ORS § 419A.305 and determines that the youth is not enrolled in the school administrator’s school but is enrolled in a school or program referred to in this subsection, the school administrator shall, within 48 hours of receiving notice, send a copy of the notice to:
(a) The director of the Oregon School for the Deaf if the youth attends the Oregon School for the Deaf.
(b) The Superintendent of Public Instruction if the youth is in an educational program under the Youth Corrections Education Program or in an approved recovery school.
(c) The principal of the public charter school if the youth attends a public charter school.
(d) The principal of the private school if the youth attends a private school.
(e) The appropriate school administrator if the youth attends a school in another school district.
(5) A school district, public charter school or private school may adopt policies and procedures for providing notification to school personnel under this section.
(6)(a) Except as provided in this section, information contained in a notice required under ORS § 419A.305 or obtained from an out-of-state school under subsection (3) of this section is confidential.
(b) Persons receiving information contained in a notice required under ORS § 419A.305 or obtained from an out-of-state school under subsection (3) of this section may not disclose any information received to anyone other than:
(A) The person who is the subject of the notice or the transfer student;
(B) The parent or guardian of the person who is the subject of the notice or the transfer student;
(C) A school administrator;
(D) School personnel notified under subsection (2) or (3) of this section;
(E) Law enforcement personnel;
(F) The probation officer or juvenile counselor of the person who is the subject of the notice or the transfer student; and
(G) The attorney for the person who is the subject of the notice or the transfer student.
(c) School personnel are not subject to discipline for disclosing the existence of a notice under ORS § 419A.305 or for disclosing the contents of the notice, unless the disclosure was made in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another.
(7)(a) Information obtained under this section or under ORS § 419A.305 may not be used for admissions or disciplinary decisions concerning the person who is the subject of a notice or the transfer student unless the violation occurred in the school or classroom or at a school activity or event, whether or not the violation took place on school property.
(b) Notwithstanding paragraph (a) of this subsection, information obtained under this section or under ORS § 419A.305 may be used for making an educational placement for the person who is the subject of a notice or the transfer student, if necessary for arranging appropriate counseling or education for the person or transfer student. Placement procedures and decisions under this section regarding a person or transfer student who is receiving special education and related services must comply with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.
(c) The receipt of a notice under ORS § 419A.305 does not deprive the school of the authority to institute or continue a disciplinary action against the person who is the subject of the notice or the transfer student based on the same conduct alleged in the notice if the disciplinary proceedings are based on information obtained by the school or school district that is not derived from the notice.
(8) A person is not civilly or criminally liable for giving or failing to give the notice required under this section. Nothing in this section creates a new cause of action or enlarges an existing cause of action for compensation or damages. [2008 c.50 § 3; 2009 c.447 § 2; 2011 c.9 § 35; 2023 c.513 § 15]