(1) A school district may not prohibit or discourage a school employee or school volunteer from:

Terms Used In Oregon Statutes 343.186

  • Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS § 339. See Oregon Statutes 343.035
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

    (A) Speech-language and audiology services;

    (B) Interpreting services;

    (C) Psychological services;

    (D) Physical and occupational therapy;

    (E) Recreation, including therapeutic recreation;

    (F) Social work services;

    (G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

    (H) Early identification and assessment of disabilities in children;

    (I) Counseling services, including rehabilitation counseling;

    (J) Orientation and mobility services;

    (K) Medical services for diagnostic or evaluation purposes;

    (L) Parent counseling and training; and

    (M) Assistive technology. See Oregon Statutes 343.035

  • School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special education: includes instruction that:

    (a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

    (b) May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability. See Oregon Statutes 343.035

(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. [2023 c.189 § 5]

 

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

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]

 

[1979 c.423 § 14 (enacted in lieu of 343.077); 1989 c.491 § 38; 1991 c.795 § 8; renumbered 339.623 in 1991]

 

[Repealed by 1965 c.100 § 456]

 

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