When conducting universal screening in schools, several laws and regulations should be considered to ensure compliance and protect the rights of students. Here are some relevant laws to consider:
Family Educational Rights and Privacy Act (FERPA): FERPA protects the privacy of student education records. Schools must obtain parental consent or provide notification before collecting, using, or sharing students' personally identifiable information (PII) through universal screening.
Individuals with Disabilities Education Act (IDEA): IDEA ensures that students with disabilities receive a free and appropriate public education. Universal screening must comply with IDEA's provisions, including evaluation and identification procedures for students with disabilities.
Section 504 of the Rehabilitation Act: Section 504 prohibits discrimination against students with disabilities in schools that receive federal funding. Universal screening must consider the needs of students with disabilities and provide reasonable accommodations or modifications as necessary.
Americans with Disabilities Act (ADA): The ADA prohibits discrimination against individuals with disabilities in public institutions, including schools. Universal screening should adhere to ADA guidelines and accommodate students with disabilities to ensure equal access to educational opportunities.
Civil Rights Act of 1964: The Civil Rights Act prohibits discrimination based on race, color, national origin, sex, or religion in public schools. Universal screening procedures must be implemented without bias or discrimination, ensuring equal treatment for all students.
State and local education laws: Different states and local jurisdictions may have specific laws and regulations regarding student privacy, evaluation, and educational rights. It is important to consult applicable state and local laws to ensure compliance with specific requirements.
Additionally, it is essential to establish clear guidelines and policies for universal screening within the school or district, including obtaining informed consent from parents, ensuring confidentiality of student information, and providing appropriate supports for students identified through the screening process. Consulting with legal counsel or education experts familiar with the laws in your jurisdiction can provide further guidance specific to your situation.
Oregon Education Laws
Here are some of the key education laws in the state of Oregon. We recommend consulting the Oregon Department of Education or legal counsel for the most up-to-date and accurate information.
Oregon Revised Statutes (ORS): The ORS contains various provisions related to education in Oregon, including laws governing public schools, compulsory attendance, curriculum requirements, special education, and student rights.
Please see the Oregon Revised Statutes (ORS) that applies to mental health screening in schools here: https://oregon.public.law/statutes/ors_336.216
Oregon Administrative Rules (OAR): The OAR is a compilation of administrative rules and regulations that provide specific guidance and details for implementing education laws in Oregon. It covers areas such as licensing of educators, school safety, student records, and program requirements.
Oregon Compulsory School Attendance Law: This law outlines the requirements for compulsory school attendance in Oregon, including the age range for mandatory schooling and exceptions or exemptions to attendance.
Individuals with Disabilities Education Act (IDEA): Oregon, like other states, follows the federal provisions of IDEA to ensure that students with disabilities receive appropriate special education and related services. It governs the evaluation, eligibility, and provision of services for students with disabilities.
Oregon Student Records Law: This law establishes the rights and responsibilities of schools, parents, and students regarding the confidentiality, maintenance, and access to student records.
Oregon Anti-Bullying Law: Oregon has laws and policies in place to address bullying and harassment in schools, promoting safe and inclusive learning environments.
Oregon Educational Equity: The state of Oregon is committed to educational equity and has laws and initiatives in place to address disparities and promote equal opportunities for all students, regardless of race, ethnicity, language, or socioeconomic status.
Remember, education laws can be subject to change and may vary based on specific school districts or local jurisdictions within Oregon. It's crucial to consult the official resources, such as the Oregon Department of Education and legal experts, to get the most accurate and up-to-date information.
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Carson’s Law (House Bill 2631), which sets forth new notification requirements for school districts upon receipt of a report of an act of harassment, intimidation, bullying or cyberbullying, recently passed during the 2021 legislative session with an implementation date of July 1, 2021. This message is to provide you with information to help you meet these new statutory requirements.
Under Carson’s Law, school districts must take specific actions related to notifying parents/guardians of an act of intimidation, harassment, bullying, or an act of cyberbullying. The notification requirements related to Carson’s Law are in addition to existing law that already requires school districts to formally adopt policies that:
Prohibit harassment, intimidation, bullying, and cyberbullying;
Require employees to report an act of harassment, intimidation, or bullying;
Allow students or volunteers to report harassment, intimidation, or bullying voluntarily and anonymously;
Create a uniform procedure for reporting harassment, intimidation, or bullying, and;
Create a process that the district will follow in investigating a report of harassment, intimidation, or bullying.
School districts must include notification requirements related to Carson’s Law in their policy prohibiting harassment, intimidation, or bullying, and prohibiting cyberbullying.
When Notification IS Required
Beginning July 1, 2021, the law requires the school official responsible for receiving and investigating reports of harassment, intimidation, or bullying, or act(s) of cyberbullying to:
Notify the parents or guardians of a student who was subjected to an act of harassment, intimidation, or bullying, or an act of cyberbullying.
Notify the parents or guardians of a student who may have committed an act of harassment, intimidation or bullying, or an act of cyberbullying.
Notification must occur with involvement and consideration of the needs and concerns of the student who was subjected to an act of harassment, intimidation or bullying, or an act of cyberbullying.
The school official must inform the student of the determination to notify the parents or guardians prior to providing notification.
The notification must occur promptly for acts that caused physical harm to the student; otherwise, notification must occur within a reasonable period of time.
When Notification IS NOT Required:
Notification is NOT required if:
The school official reasonably believes notification could endanger the student who was subjected to harassment, intimidation, or bullying, or an act of cyberbullying; or
If all three of the following occur:
The student who was subjected to harassment, intimidation, or bullying, or an act of cyberbullying requests that notification not be provided to the student’s parents or guardians;
The school official determines that notification is not in the best interest of the student who was subjected to an act of harassment, intimidation, or bullying, or an act of cyberbullying; and
The school official informs the student that federal law may require the student’s parents or guardians to have access to the student’s education record, including any requests made regarding notification.
School district procedures related to intimidation, harassment, and bullying, and cyberbullying must:
Identify by job title the school officials responsible for receiving and investigating reports of harassment, intimidation, or bullying;
Identify a procedure by which a person may request a school district to review the actions of a school in responding to a report of harassment, intimidation, or bullying;
Include a statement of the consequences and remedial action for a person found to have committed an act of harassment, intimidation, or bullying;
Prohibit retaliation against any person who reports or commits an act of harassment, intimidation, or bullying; and,
Identify corrective action for one who falsely accuses another of harassment, intimidation, or bullying.
ODE is available to partner with school districts as you work to implement Carson’s Law. Please contact Lisa Bateman, 503-947-5655 with any questions or for implementation support.