Section 339.391 - Investigations by Department of Education of persons who are not commission licensees; timeline; findings; rules(1)(a) When the Department of Education receives a report of suspected sexual conduct that may have been committed by a school employee, contractor, agent or volunteer that is not a commission licensee, the department shall immediately initiate an investigation.(b) An investigation and final determination related to the report received under paragraph (a) of this subsection must be completed and notification of the final determination must be made to the education provider within 90 calendar days following the date on which the report was filed with the department.(c) Notwithstanding paragraph (b) of this subsection, the prescribed timeline for an investigation and final determination may be extended if the department determines that, for good cause, a longer period of time is necessary.(2) The department shall appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct an investigation. An investigator appointed under this subsection is empowered to: (a) Issue subpoenas to require the attendance of witnesses or the production of documents;(b) Subpoena witnesses; and(c) Swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).(3)(a) Following the completion of an investigation, the Department of Education shall notify:(B) The student, the student's parents or legal guardians, or both the student and the student's parents or legal guardians;(C) The education provider;(D) The person who provided the report of suspected sexual conduct, if known by the department; and(E) For a substantiated report only, any regulatory board that:(i) Is not the Teacher Standards and Practices Commission; and(ii) The department knows licensed, registered, certified or otherwise authorized the school employee, contractor, agent or volunteer to practice a profession or to provide professional services.(b) The notification required under paragraph (a) of this subsection shall include the following information as allowed by state and federal law: (A) The statutory authority of the department to conduct the investigation;(B) The procedural background for the investigation;(C) The legal standards and arguments used for the investigation;(D) The department's findings of fact from the investigation;(E) The department's final determination based on the investigation; and(F) The right to an appeal, as provided by subsection (5) of this section.(4)(a) Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, the documents and materials used in the investigation undertaken under this section, and the report related to the investigation, are confidential and not subject to public inspection.(b) Documents, materials and reports that are confidential under paragraph (a) of this subsection may be disclosed to an entity listed in paragraph (c) of this subsection, or in the manner described in subsection (3) of this section, only as provided by this section and by rules adopted by the State Board of Education. The person or entity that receives documents, materials or reports must maintain their confidentiality unless disclosure is allowed or required under this section or other state or federal law.(c) To the extent allowed by state and federal law, the department shall make available any documents, materials and reports that are confidential under paragraph (a) of this subsection to: (A) A law enforcement agency or the Department of Human Services if necessary to conduct an investigation under ORS 419B.005 to 419B.050;(B) The Teacher Standards and Practices Commission if necessary for the commission to conduct an investigation under ORS 339.390 or 342.176; and(C) An education provider if necessary for the education provider to take any disciplinary action or changes in the employment relationship or duties of the school employee, contractor, agent or volunteer.(d) The Department of Education shall retain documents and materials related to any report received under this section for a period of 75 years.(5) A person who is the subject of an investigation under this section may appeal a final determination that the report related to the investigation is a substantiated report as a contested case under ORS chapter 183.(6) The State Board of Education shall adopt any rules necessary for the administration of this section.Amended by 2023 Ch. 131,§ 1, eff. 1/1/2024.Amended by 2023 Ch. 570, § 10, eff. 7/31/2023.Amended by 2021 Ch. 151, § 9, eff. 1/1/2022.Amended by 2021 Ch. 386, § 2, eff. 6/23/2021.