ORS § 343.186

Current through 2024 Regular Session legislation effective June 6, 2024
Section 343.186 - Employee and volunteer reports and sharing of information; prohibition on certain nondisclosure agreements; prohibition on actions related to sharing of certain information
(1) A school district may not prohibit or discourage a school employee or school volunteer from:
(a) Participating in good faith in interviews with individuals designated by the Department of Education, law enforcement, a court or any other entity involved in the investigation of a complaint under ORS 343.165;
(b) Making a good faith report of a violation of state or federal law involving special education and related services;
(c) Sharing information in good faith with the student or the student's parent about the services provided or not provided to the student under this chapter;
(d) Reporting in good faith concerns about inappropriate restraint, seclusion or corporal punishment of a student to the student's parent, the school, law enforcement, a court or other authorities;
(e) Making a report of suspected abuse or neglect, including abuse or neglect that happens at a school, to law enforcement or the Department of Human Services; or
(f) Reporting a suspected violation of the rights of a child with a disability or the rights of any other disabled person within the school district to the state protection and advocacy system.
(2) A school district may not require a student, parent, school employee or school volunteer to sign a nondisclosure agreement related to:
(a) Any violations of law or policy by the school district or by the a school employee or school volunteer involving special education and related services;
(b) The resolution of a complaint, including a complaint concerning the services provided for the student;
(c) Injuries sustained by a student, including injuries sustained due to the inappropriate use of seclusion or restraint; or
(d) The death of a student.
(3) A school district may not otherwise cause a parent or student to believe the school district will reduce or revoke services from a student or impose a financial penalty on a parent or student due to the parent or student's good faith public or private disclosure of information about any settlement or resolution to a dispute or complaint or about the experience of the parent or student with the school district.

ORS 343.186

Added by 2023 Ch. 189, § 5

Section 6, chapter 189, Oregon Laws 2023, provides:

Sec. 6. Section 5 of this 2023 Act [343.186] applies to nondisclosure agreements entered into before, on or after the effective date of this 2023 Act [September 24, 2023]. Any parts of nondisclosure agreements inconsistent with the provisions of section 5 of this 2023 Act are void and unenforceable. [2023 c. 189, § 6]