ORS 339.378¹
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 (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)(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 licensed school employee 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]

1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information