2017 ORS 332.331¹
Healthy and Safe Schools Plan

(1) A school district, education service district or public charter school shall develop and adopt a plan, to be known as the Healthy and Safe Schools Plan, for the district or school. The plan must address environmental conditions at the facilities owned or leased by the district or school where students or staff are present on a regular basis. The Department of Education, in consultation with the Oregon Health Authority, the Department of Environmental Quality and other interested stakeholders, shall develop and adopt a model plan to provide guidance to the districts and schools in developing and adopting plans under this section.

(2) A school district, education service district or public charter school shall provide a copy of a plan developed and adopted under this section to the Department of Education. The district or school shall annually review the plan. If the information contained in a plan has changed since the preceding annual review due to the acquisition or remodeling of a facility, the termination of regular use of the facility by students and staff or a modification in the method, location, scope, frequency or other aspects of addressing environmental conditions, the district or school shall revise the plan as necessary to address the change in information and provide a copy of the revised plan to the department.

(3) A plan developed and adopted under this section must, at a minimum, include the following:

(a) The identification of, and contact information for, a position within the administration of the school district, education service district or public charter school having responsibility for maintaining and overseeing performance of the plan.

(b) A list of all facilities of the school district, education service district or public charter school that are subject to the plan.

(c) Provisions regarding testing for, and reducing exposure to, elevated levels of lead in water used for drinking or food preparation as required under guidelines adopted by the authority.

(d) Provisions consistent with the United States Environmental Protection Agency Renovation, Repair and Painting Rule set forth in 40 C.F.R. section 745 regarding testing for, and reducing exposure to, lead-based paint.

(e) Provisions consistent with federal law regarding testing for, and reducing exposure to, asbestos.

(f) Provisions consistent with ORS 332.345 (Tests of schools for elevated levels of radon) regarding testing for, and reducing exposure to, elevated levels of radon.

(g) Provisions for carrying out integrated pest management as provided under ORS 634.700 (Definitions for ORS 634.700 to 634.750) to 634.750 (Pesticide application records).

(h) Provisions for installing carbon monoxide detection devices in proximity to fuel burning appliances that emit carbon monoxide, if installation is required under the state building code.

(4) A plan described in subsection (3) of this section must provide for any laboratory analysis on test samples to be carried out by a laboratory having a type and level of accreditation recognized as appropriate by the authority.

(5) The authority, in consultation with the department, school districts, education service districts, public charter schools and other interested stakeholders, may provide districts and schools with recommendations regarding evidence-based practices for the reduction of environmental conditions not addressed in subsection (3) of this section that may present health concerns if present in district or school facilities. The recommendations may include, but need not be limited to, recommendations regarding:

(a) Methods for limiting or reducing exposure to high levels of diesel engine exhaust; and

(b) Identification of mold, including but not limited to advice regarding how to recognize the presence of mold.

(6) The authority shall develop information sheets for use by school districts, education service districts and public charter schools to inform staff, students, parents of minor students and other interested stakeholders about substances that may present health concerns if present in district or school facilities.

(7) The department, in consultation with the authority, representatives of school districts, education service districts and public charter schools and other interested stakeholders, shall make opportunities for professional development available to district and school staff regarding plan requirements under this section and the provision of information as required under ORS 332.334 (Tests of schools under plan). [2017 c.700 §1]

Note: 332.331 (Healthy and Safe Schools Plan) to 332.337 (Healthy School Facilities Fund) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 332 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 332—Local Administration of Education, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors332.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.