(1) As used in this section:

Terms Used In Oregon Statutes 336.214

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

(a) ‘Dental screening’ has the meaning given that term in ORS § 336.213.

(b) ‘Prekindergarten program’ means an entity that is a provider under the Oregon Prenatal to Kindergarten Program under ORS § 329.172 to 329.200.

(2) A school district or prekindergarten program that causes a dental screening to be conducted of all of the students in one or more classrooms or in one or more grades where the students are 14 years of age or younger must provide the students or the parents or guardians of the students an opportunity to request not to participate in the dental screening.

(3) At least two weeks before a school district or prekindergarten program causes to be conducted a dental screening of all of the students in one or more classrooms or in one or more grades where the students are 14 years of age or younger, the school district or prekindergarten program must provide written notice of the dental screening to each student for whom the dental screening will be conducted.

(4) The notice required by subsection (3) of this section must:

(a) Explain that either a student or a parent or guardian of a student has the right to request in writing that the student not participate in the dental screening;

(b) Explain that, on the day of the dental screening, a student or a parent or guardian of a student may request, orally or in writing, that the student not participate in the screening;

(c) Explain who will administer the dental screening and who will have access to the results of screening; and

(d) Meet any other requirements established by the State Board of Education by rule.

(5) This section does not authorize a school district or a prekindergarten program to cause a dental screening to be conducted on an individual student who is 14 years of age or younger without first receiving the written consent of a parent or guardian of the student if the dental screening is not conducted as part of a dental screening of all students in one or more classrooms or one or more grades. [2017 c.407 § 1; 2023 c.547 § 22]

 

[1971 c.512 § 3; 1975 c.557 § 11; 1979 c.274 § 3; 1993 c.45 § 89; repealed by 1993 c.806 § 1 (326.565, 326.575 and 336.187 enacted in lieu of 336.215)]