ORS 339.378
Disclosure of information and records by education provider

  • confidentiality
  • limitations on assisting another in obtaining new job
  • discipline

(1)

Intentionally left blank —Ed.

(a)

Not later than 20 days after receiving a request under ORS 339.374 (Required background checks by education providers) (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 (Required background checks by education providers) (1)(b).

(c)

Information received under this section is confidential and is not a public record as defined in ORS 192.311 (Definitions for ORS 192.311 to 192.478). An education provider may use the information only for the purpose of evaluating an applicant’s eligibility to be hired.

(2)

Intentionally left blank —Ed.

(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)

Intentionally left blank —Ed.

(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 (Grounds for discipline). [2009 c.93 §8; 2012 c.92 §6; 2013 c.553 §4; 2019 c.618 §5; 2021 c.151 §6]

Source: Section 339.378 — Disclosure of information and records by education provider; confidentiality; limitations on assisting another in obtaining new job; discipline, https://www.­oregonlegislature.­gov/bills_laws/ors/ors339.­html.

339.005
Definition for ORS 339.040 and 339.125
339.010
School attendance required
339.020
Duty to send children to school
339.030
Exemptions from compulsory school attendance
339.035
Teaching by private teacher, parent or guardian
339.040
Attendance supervisors
339.055
Duties of attendance supervisors
339.065
Estimates of attendance
339.071
Attendance notification policy
339.080
Nonattendance notice to parents, school officials and parole or probation officer
339.090
Determination of compliance
339.095
Required procedures related to violations of certain school attendance requirements
339.115
Admission of students
339.119
Prohibition of payment as incentive to receive educational services
339.122
Disclosures in promotional materials
339.125
Contract for admission of nonresident pupils
339.127
Factors prohibited from consideration when giving consent to nonresident student
339.128
Factors prohibited from consideration when admitting tuition-paying nonresident student
339.129
Education for children in local or regional correctional facilities required
339.133
Determination of residency of student for school purposes
339.134
Residency of child voluntarily placed outside child’s home and living in substitute care program
339.137
Residency of student at youth care center
339.139
Residency of military children
339.141
Tuition prohibited for regular school program
339.147
When tuition authorized
339.155
Prohibitions of certain fees as condition of admission
339.240
Rules of student conduct, discipline and rights
339.250
Duty of student to comply with rules
339.252
Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons
339.256
Prohibition on restriction of access to specialized learning areas or certain common areas
339.270
Assessment of costs of school property damage against responsible student or parents or guardian
339.280
Student grading policies
339.285
Definitions for ORS 339.285 to 339.303
339.288
Prohibitions on use of certain restraints
339.291
Use of restraint or seclusion
339.294
Procedures following incident
339.297
Annual report
339.300
Training programs
339.303
Rules for complaints, investigations and seclusion rooms
339.308
Seclusion cell prohibition
339.309
Required reports of employee injuries
339.312
Safe school alliance
339.315
Report required if person has unlawful firearm or destructive device
339.317
Notice to school district of person charged with crime
339.319
Notice to school district of person convicted of crime
339.321
Notice to school district and law enforcement agencies of release or discharge of person
339.323
Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person
339.326
Actions after receipt of notice under ORS 419A.305
339.327
Notification required if person possesses threatening list or when threats of violence or harm made
339.329
Statewide tip line to report information concerning threats or potential threats to student safety
339.331
Mission
339.333
Board of directors
339.336
Funding
339.339
Collaboration between center and Department of Education
339.341
Statewide School Safety and Prevention System
339.343
Comprehensive district plans on student suicide prevention
339.345
Requirement to have automated external defibrillator
339.347
Policies to address bias incidents and displays of symbols of hate
339.351
Definitions for ORS 339.351 to 339.364
339.353
Findings
339.356
District policy required
339.359
Training programs
339.362
Retaliation against victims and witnesses prohibited
339.364
Victim may seek redress under other laws
339.366
Required policies on teen dating violence and domestic violence
339.368
Posters regarding domestic violence
339.370
Definitions for ORS 339.370 to 339.400
339.372
Policies of school boards on reporting of suspected abuse and suspected sexual conduct
339.374
Required background checks by education providers
339.378
Disclosure of information and records by education provider
339.384
Prohibitions and allowances related to hiring of applicant to be school employee
339.388
Report of abuse or sexual conduct
339.389
Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse
339.390
Investigations by Teacher Standards and Practices Commission of persons who are commission licensees
339.391
Investigations by Department of Education of persons who are not commission licensees
339.392
Prohibitions against certain agreements and contracts
339.396
Effect on causes of action
339.400
Training
339.420
Child excused to receive religious instruction
339.450
Prohibited grounds for denying participation in interscholastic athletics
339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school
339.505
Definitions for ORS 339.505 to 339.520
339.510
Student accounting system
339.515
Uniform reporting system
339.520
Information required on certain students who withdraw from school
339.650
“Traffic patrol” defined for ORS 339.650 to 339.665
339.655
Traffic patrols authorized
339.660
Rules on traffic patrols
339.665
Intergovernmental cooperation and assistance in connection with traffic patrols
339.866
Self-administration of medication by students
339.867
“Medication” defined for ORS 339.869 and 339.870
339.869
Administration of medication to students
339.870
Liability of school personnel administering medication
339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication
339.873
Recommendations on medication to affect or alter thought processes, mood or behavior prohibited
339.874
Use of sun-protective clothing and sunscreen
339.875
Procurement, display and salute of flags
339.877
Issuance of diploma for work completed at certain state institutions
339.880
Unauthorized soliciting of pupils prohibited
339.883
Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities
339.885
Secret societies in public schools prohibited
339.890
Radio frequency identification device policy for students
339.990
Penalties
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