justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 339 — School Attendance;

ORS 339.343. Comprehensive district plans on student suicide prevention; rules. (1) This section shall be known and may be cited as Adis Act. (2) In accordance with rules adopted by the State Board of Education in consultation with the Oregon Health Authority, each school district shall adopt a policy requiring a comprehensive district plan on student suicide prevention for students in kindergarten through grade 12. (3) A plan required under this section must include: (a) Procedures relating to suicide prevention, intervention and activities that reduce risk and promote healing after a suicide; (b) Identification of the school officials responsible for responding to reports of suicidal risk; (c) A procedure by which a person may request a school district to review the actions of a school in responding to suicidal risk; (d) Methods to address the needs of high-risk groups, including: (A) Youth bereaved by suicide; (B) Youth with disabilities, mental illness or substance use disorders; (C) Youth experiencing homelessness or out-of-home settings, such as foster care; and (D) Lesbian, gay, bisexual, transgender, queer and other minority gender identities and sexual orientations; (e) A description of, and materials for, any training to be provided to school employees as part of the plan, which must include: (A) When and how to refer youth and their families to appropriate mental health services; and (B) Programs that can be completed through self-review of suitable suicide prevention materials; and (f) Any other requirement prescribed by the State Board of Education by rule, based on consultations with state and national suicide prevention organizations, suicide experts and school-based mental health providers, and based on reviews of national models. (4) A school district may consult with state or national suicide prevention organizations, the Department of Education, school-based mental health professionals, parents, guardians, school employees, students, administrators and school board associations when developing the plan required under this section. (5) The plan required under this section: (a) Must be written to ensure that a school employee acts only within the authorization and scope of the employees credentials or licenses. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so. (b) Must be: (A) Made available annually to the community of the school district, including students of the school district, parents and guardians of students of the school district, and employees and volunteers of the school district. (B) Readily available at the school district office and on the school district website, if applicable. (6) A school district that does not comply with the requirements of this section is considered to be nonstandard under ORS 327.103. [2019 c.172 1] (Automated External Defibrillator)
ORS Chapter 339 — School Attendance;

ORS 339.345. Requirement to have automated external defibrillator. Each school campus in a school district, private school campus and public charter school campus shall have on the premises at least one automated external defibrillator. [2010 c.62 1] (Prohibitions on Discrimination)
ORS Chapter 339 — School Attendance;

ORS 339.350. [1965 c.100 295; repealed by 1973 c.728 6] (Harassment, Intimidation and Bullying)
ORS Chapter 339 — School Attendance;

ORS 339.353. Findings. (1) The Legislative Assembly finds that: (a) A safe and civil environment is necessary for students to learn and achieve high academic standards. (b) Harassment, intimidation or bullying and cyberbullying, like other disruptive or violent behavior, are conduct that disrupts a students ability to learn and a schools ability to educate its students in a safe environment. (c) Students learn by example. (2) The Legislative Assembly commends school administrators, faculty, staff and volunteers for demonstrating appropriate behavior, treating others with civility and respect, refusing to tolerate harassment, intimidation or bullying and refusing to tolerate cyberbullying.
ORS Chapter 339 — School Attendance;

ORS 339.356. District policy required. (1) Each school district shall adopt a policy prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. School districts shall develop the policy after consultation with parents, guardians, school employees, volunteers, students, administrators and community representatives. (2) School districts must include in the policy: (a) A statement prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. (b) Definitions of harassment, intimidation or bullying and of cyberbullying that are consistent with ORS 339.351. (c) Definitions of protected class that are consistent with ORS 174.100 and
ORS Chapter 339 — School Attendance;

ORS 339.359. Training programs; prevention task forces, programs and other initiatives. (1) School districts must incorporate into existing training programs for students and school employees information related to: (a) The prevention of, and the appropriate response to, acts of harassment, intimidation and bullying and acts of cyberbullying; and (b) The policy adopted under ORS 339.356. (2) School districts are encouraged to form task forces and to implement programs and other initiatives that are aimed at the prevention of, and the appropriate response to, acts of harassment, intimidation or bullying and acts of cyberbullying and that involve school employees, students, administrators, volunteers, parents, guardians, law enforcement and community representatives.
ORS Chapter 339 — School Attendance;

ORS 339.362. Retaliation against victims and witnesses prohibited; school employee immunity. (1) A school employee, student or volunteer may not engage in reprisal or retaliation against a victim of, witness to or person with reliable information about an act of harassment, intimidation or bullying or an act of cyberbullying. (2)(a) A school employee who witnesses or has reliable information that a student has been subjected to an act of harassment, intimidation or bullying or an act of cyberbullying must report the act to the appropriate school official designated by the school districts policy. (b) A student or volunteer who witnesses or has reliable information that a student has been subjected to an act of harassment, intimidation or bullying or an act of cyberbullying is encouraged to report the act to the appropriate school official designated by the school districts policy. (3) A school employee who promptly reports an act of harassment, intimidation or bullying or an act of cyberbullying to the appropriate school official in compliance with the procedures set forth in the school districts policy is immune from a cause of action for damages arising from any failure to remedy the reported act.
ORS Chapter 339 — School Attendance;

ORS 339.364. Victim may seek redress under other laws. ORS 339.351 to 339.364 may not be interpreted to prevent a victim of harassment, intimidation or bullying or a victim of cyberbullying from seeking redress under any other available law, whether civil or criminal. ORS 339.351 to 339.364 do not create any statutory cause of action. [2001 c.617 7; 2007 c.647 6] (Teen Dating Violence and Domestic Violence)
ORS Chapter 339 — School Attendance;

ORS 339.366. Required policies on teen dating violence and domestic violence. (1) As used in this section: (a) Dating or dating relationship means an ongoing social relationship of a romantic or intimate nature between two persons. Dating or dating relationship does not include a casual relationship or ordinary fraternization between two persons in a business or social context. (b) Domestic violence means abuse as defined in ORS 107.705 between family and household members, as those terms are defined in ORS 107.705. (c) Teen dating violence means: (A) A pattern of behavior in which a person uses or threatens to use physical, mental or emotional abuse to control another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age; or (B) Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one or both persons are 13 to 19 years of age. (2) Each school district board or private school shall adopt a policy that contains the following: (a) States that teen dating violence is unacceptable and is prohibited and that each student has the right to a safe learning environment. (b) Incorporates age-appropriate education about teen dating violence and domestic violence into new or existing training programs for students in grades 7 through 12 and school employees as recommended by the school officials identified under paragraph (d) of this subsection. (c) Establishes procedures for the manner in which employees of a school are to respond to incidents of teen dating violence that take place at the school, on school grounds, at school-sponsored activities or in vehicles used for school-provided transportation. (d) Identifies by job title the school officials who are responsible for receiving reports related to teen dating violence. For public schools, the school officials identified under this paragraph shall be the same school officials identified in the policy adopted by a school district under ORS 339.356. (e) Notifies students and parents of the teen dating violence and domestic violence policies adopted by the board or school. (3) Except for private schools, the policy adopted under subsection (2) of this section must be included in and consistent with the policy adopted by a school district under ORS 339.356.
ORS Chapter 339 — School Attendance;

ORS 339.368. Posters regarding domestic violence; rules. (1) The Department of Education shall provide school districts and, upon request, private schools with posters containing information in both English and Spanish regarding domestic violence and at least one toll-free hotline telephone number that a student may call to obtain information and help regarding domestic violence. (2) A private school may choose to not request posters under subsection (1) of this section. If a private school chooses to not request posters under subsection (1) of this section, the private school must create or use posters that: (a) Are written in plain language that is easy to understand; (b) Include at least one toll-free hotline telephone number that a student may call to obtain information and help regarding domestic violence; and (c) Use print that is of a color, size and font that allows the poster to be easily read. (3) Each school district board and private school shall adopt policies that require posting of the posters in clearly visible locations on school campuses. The policies adopted by the school district board must be in accordance with rules adopted by the State Board of Education. (4) The State Board of Education shall adopt rules to implement the provisions of this section in relation to school districts. [2015 c.400 5; 2021 c.479 3] (Abuse and Sexual Conduct)
ORS Chapter 339 — School Attendance;

ORS 339.374. Required background checks by education providers. (1) Except as provided in ORS 339.384, before an education provider may hire an applicant for a position with the education provider as a school employee, the education provider shall: (a) Require the applicant to provide: (A) A list of the applicants current and former employers who are education providers. (B) A written authorization that authorizes education providers identified in subparagraph (A) of this paragraph to disclose the information requested under paragraph (b) of this subsection. (C) A written statement of whether the applicant: (i) Has been the subject of a substantiated report of abuse or sexual conduct; or (ii) Is the subject of an ongoing investigation related to a report of suspected abuse or suspected sexual conduct. (b) Conduct a review of the employment history of the applicant with education providers by contacting the three most recent education providers identified in paragraph (a)(A) of this subsection and requesting from each education provider: (A) The dates of employment of the applicant by the education provider. (B) Whether the education provider conducted an investigation and determined that the applicant was the subject of any substantiated reports of abuse or sexual conduct related to the applicants employment with the education provider and, if so, the following additional information: (i) The dates of any substantiated reports; (ii) The definitions of abuse and sexual conduct used by the education provider when the education provider determined that any reports were substantiated; and (iii) The standards used by the education provider to determine whether any reports were substantiated. (c) For an applicant who is a commission licensee, request the commission to verify: (A) That the applicant is a commission licensee; and (B) Whether the commission has an ongoing investigation or has a substantiated report relating to conduct by the applicant that may constitute sexual conduct. (d) For an applicant who is not a commission licensee, request the Department of Education to verify whether the department has an ongoing investigation or has a substantiated report relating to conduct by the applicant that may constitute sexual conduct. (e) Conduct a nationwide criminal records check if required by ORS 326.603. (2) Before an education provider may accept the services of a contractor, agent or volunteer, the education provider shall: (a) For a person who is a commission licensee, request the commission to verify whether the commission has an ongoing investigation or has a substantiated report relating to conduct by the person that may constitute sexual conduct. (b) For a person who is not a commission licensee, request the Department of Education to verify whether the department has an ongoing investigation or has a substantiated report relating to conduct by the person that may constitute sexual conduct. (c) Conduct any background checks required under ORS 326.603, 326.604 or 326.607.
ORS Chapter 339 — School Attendance;

ORS 339.378. Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline. (1)(a) Not later than 20 days after receiving a request under ORS 339.374 (1)(b), an education provider that has or has had an employment relationship with the applicant shall disclose the information requested. (b) 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 (1)(b). (c) Information received under this section is confidential and is not a public record as defined in ORS 192.311. An education provider may use the information only for the purpose of evaluating an applicants eligibility to be hired. (2)(a) Except as provided by paragraphs (b) and (c) of this subsection, an individual who is a school employee, a contractor or an agent may not assist another school employee, contractor or agent in obtaining any new job if the individual knows, or has reasonable cause to believe, that the school employee, contractor or agent engaged in abuse or sexual conduct. (b) Nothing in paragraph (a) of this subsection prevents an education provider from: (A) Disclosing the information described in subsection (1) of this section; or (B) Providing the routine transmission of administrative and personnel files. (c) The prohibition prescribed by paragraph (a) of this subsection does not apply if the school employee, contractor or agent knows, or has reasonable cause to believe: (A) That the suspected abuse or suspected sexual conduct was reported to a law enforcement agency, the Department of Human Services, the Teacher Standards and Practices Commission or the Department of Education; and (B) Any of the following are true: (i) The report could be neither substantiated nor found to be unsubstantiated following an investigation; (ii) The report was found to be unsubstantiated; (iii) The report was found to be a substantiated report; or (iv) The investigation into the report remains ongoing after four years. (3)(a) The commission may take disciplinary action against a school employee who is a commission licensee for failure to disclose information as required by subsection (1)(a) of this section. In determining whether to take disciplinary action, the commission may take into consideration any evidence presented by the school employee that a longer period of time was necessary for good cause. (b) Any violation of the provisions of subsection (2) of this section shall be considered gross neglect of duty under ORS 342.175.
ORS Chapter 339 — School Attendance;

ORS 339.384. Prohibitions and allowances related to hiring of applicant to be school employee. (1) An education provider may not hire an applicant to be a school employee if the applicant does not comply with the requirements of ORS 339.374 (1)(a). A refusal by the education provider to hire an applicant under this subsection removes the applicant from any education provider policies, any collective bargaining provisions regarding dismissal procedures and appeals and any provisions of ORS 342.805 to 342.937. (2) An education provider may hire an applicant to be a school employee on a conditional basis pending the education providers review of information received under ORS 339.378 (1). (3) An education provider may not deny an applicant employment solely because: (a) An education provider identified by the applicant under ORS 339.374 (1)(a)(A) fails or refuses to comply with the requirements of ORS 339.378 (1); or (b) One or more education providers identified by the applicant under ORS 339.374 (1)(a)(A) are located in another state and the laws or rules of that state prevent the release of information requested under ORS 339.378 (1).
ORS Chapter 339 — School Attendance;

ORS 339.388. Report of abuse or sexual conduct; investigation; appeal process; disclosure of records. (1)(a) A school employee shall immediately submit a report as provided by paragraph (b) of this subsection if the school employee has reasonable cause to believe that: (A) A student has been subjected to abuse by another school employee or by a contractor, an agent, a volunteer or a student; (B) A student has been subjected to sexual conduct by another school employee or by a contractor, an agent or a volunteer; or (C) Another school employee or a contractor, an agent or a volunteer has engaged in sexual conduct. (b) The report required under paragraph (a) of this subsection shall be made to: (A) The licensed administrator designated in the policies adopted under ORS
ORS Chapter 339 — School Attendance;

ORS 339.389. Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse; rules. (1) When the Department of Education receives from the Department of Human Services notification of a report of abuse or receives a report on the outcomes of an investigation of abuse, as provided by ORS 419B.019 or 419B.020, and the notification or report involves a child and a person who is a school employee, contractor, agent or volunteer, the Department of Education may notify, as soon as practicable, any education provider that the Department of Education determines must be notified to ensure the safety of children. (2) When providing notice to an education provider under subsection (1) of this section, the Department of Education: (a) Shall include any information the department determines is necessary to ensure the safety of children, including the name of the school and the name of the person who allegedly committed the suspected abuse. (b) May not disclose the name and address of, or any other identifying information about, the person who made the report of suspected abuse. (3) The Department of Education may provide information related to the notification or report received as described in subsection (1) of this section to the Teacher Standards and Practices Commission if the department determines that: (a) The commission must be notified to ensure the safety of children; and (b) The notification or report involves a person who is licensed by the commission. (4)(a) Notwithstanding ORS 192.311 to 192.478, any information received as provided by this section is not a public record and is not subject to public inspection. (b) Any person or entity who receives information under this section may not release the information, unless as otherwise provided by law. (5) The State Board of Education may adopt rules for the purposes of implementing this section.
ORS Chapter 339 — School Attendance;

ORS 339.392. Prohibitions against certain agreements and contracts. (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 similar contract or agreement that: (a) Has the effect of impairing or terminating an ongoing investigation, or suppressing information relating to an ongoing investigation, related to a report of suspected abuse or suspected sexual conduct; (b) Has the effect of suppressing information relating to a substantiated report of abuse or sexual conduct by a current or former school employee, contractor, agent or volunteer; (c) Affects the duties of the education provider to report suspected abuse or suspected sexual conduct or to discipline a current or former school employee, contractor, agent or volunteer for a substantiated report of abuse or sexual conduct; (d) Impairs the ability of the education provider to discipline a school employee, a contractor, an agent or a volunteer for a substantiated report of abuse or sexual conduct; or (e) Requires the education provider to expunge substantiated information about 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 suspected abuse or suspected sexual conduct; or (b) An appeal process from the determination made by or the action taken by an education provider related to a report of abuse or sexual conduct.
ORS Chapter 339 — School Attendance;

ORS 339.396. Effect on causes of action. Nothing in ORS 339.370 to 339.400 creates a new public or private cause of action or precludes an existing cause of action.