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Oregon Revised Statutes Education and Culture § 339.370

Current as of January 01, 2023 | Updated by Findlaw Staff

As used in ORS 339.370 to 339.400:

(1) “Abuse” has the meaning given that term in ORS 419B.005.

(2) “Disciplinary records” means the records related to a personnel discipline action or materials or documents supporting that action.

(3) “Education provider” means:

(a) A school district, as defined in ORS 332.002.

(b) The Oregon School for the Deaf.

(c) An educational program under the Youth Corrections Education Program.

(d) A public charter school, as defined in ORS 338.005.

(e) An education service district, as defined in ORS 334.003.

(f) Any state-operated program that provides educational services to kindergarten through grade 12 students.

(g) A private school.

(4) “Investigation” means a detailed inquiry into the factual allegations of a report of suspected abuse or sexual conduct that:

(a) Is based on interviews with the complainant, witnesses and the school employee or student who is the subject of the report; and

(b) If the subject of the report is a school employee, meets any negotiated standards of an employment contract or agreement.

(5) “Law enforcement agency” has the meaning given that term in ORS 419B.005.

(6) “Private school” means a school that provides to kindergarten through grade 12 students instructional programs that are not limited solely to dancing, drama, music, religious or athletic instruction.

(7) “School board” means the governing board or governing body of an education provider.

(8) “School employee” means an employee of an education provider.

(9)(a) “Sexual conduct” means any verbal or physical conduct by a school employee that:

(A) Is sexual in nature;

(B) Is directed toward a kindergarten through grade 12 student;

(C) Has the effect of unreasonably interfering with a student's educational performance; and

(D) Creates an intimidating, hostile or offensive educational environment.

(b) “Sexual conduct” does not include abuse.

(10) “Substantiated report” means a report of abuse or sexual conduct that:

(a) An education provider has reasonable cause to believe is founded based on the available evidence after conducting an investigation; and

(b) Involves conduct that the education provider determines is sufficiently serious to be documented in the school employee's personnel file or the student's education record.

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Cite this article: FindLaw.com - Oregon Revised Statutes Education and Culture § 339.370 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-30-education-and-culture/or-rev-st-sect-339-370/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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