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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2508
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee
on Education for Representative Courtney Neron)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Directs ODE to create and use a method for electronic student data. (Flesch Readability
Score: 60.7).
Directs the Department of Education to develop and implement a standardized method to be
used by school districts, education service districts and the department to electronically create,
collect, use, maintain, disclose, transfer and access student data. Prescribes requirements of the
method.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to student data; creating new provisions; amending ORS 192.842, 326.565, 338.115, 343.173,
346.169 and 433.280; repealing ORS 326.580; and declaring an emergency.
Whereas the security of student data must be a priority for the State of Oregon; and
Whereas staff who work in state agencies, education service districts and school districts and
who access, analyze and report on student data are stewards of the trust that Oregon families and
students have placed in Oregon’s education system to maintain the security of that data; and
Whereas the student data reporting burden on Oregon’s school administrators and staff has
grown unbearable and could be significantly decreased with a standardized method to share student
data; and
Whereas a standardized method to share student data would help educators in this state to
identify academic disparities among student groups and to improve educational equity for under-
served students throughout the state; and
Whereas the neutral fact finder in the J.N. v. Oregon Department of Education lawsuit recom-
mended the development of a universal method for tracking individualized education programs; and
Whereas in order to best serve students’ learning needs, Oregon’s education workforce needs
timely access to information about highly mobile students and about students with disabilities who
move across school district lines; and
Whereas fragmented student data and incongruent methods for sharing student data can cause
delays in data transfers among the school districts and education service districts of this state and
make it difficult for policymakers and analysts to compile comprehensive information to assess the
needs of Oregon’s students; and
Whereas a standardized method to share student data would improve student safety and promote
the continuity of school health services for students; and
Whereas the potential for reimbursement to school districts and education service districts for
rendered Medicaid-eligible services increases with the use of electronic health records; and
Whereas Oregon’s education system can improve the delivery of educational services by unifying
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 643 HB2508
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the currently fragmented method for sharing student data; and
Whereas Oregon’s education system will require additional resources and funding to accomplish
the goal of providing a standardized method to share student data; and
Whereas the Legislative Assembly finds that the creation and required use of a standardized
method to share student data is in the best interest of student learning, is beneficial for state and
local funding decisions and is necessary for the delivery of quality education in this state; now,
therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) The Department of Education shall develop and implement a standardized
method to be used by school districts, education service districts and the department to
electronically create, collect, use, maintain, disclose, transfer and access student data from
multiple platforms.
(2) The method developed and implemented under this section must:
(a) Facilitate easy and fast electronic transfers of student records;
(b) Facilitate the interoperability of electronic health records that are education records
and facilitate the ability of school districts and education service districts to effectively
maximize Medicaid billing;
(c) Minimize existing and future reporting burdens for school districts and education
service districts by streamlining reporting requirements when possible;
(d) Minimize the likelihood that a new record will be created for a student when the
student transfers to, or is placed in, a different educational setting;
(e) Ensure that the department has the ability to access student data for research pur-
poses; and
(f) Establish student data standards to further the purposes described in subsection (1)
of this section.
(3) The method developed and implemented under this section must allow for the col-
lection of at least the following types of student data:
(a) Student name and state identification number;
(b) Student demographic information;
(c) Student statewide assessment data;
(d) Student course completion data;
(e) Student education records;
(f) Student individualized education programs, as defined in ORS 343.035, and student
plans, as developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
794, and any evaluations, reevaluations, examinations or assessments made to determine el-
igibility for or to provide an individualized education program or a student plan;
(g) Student daily attendance data, including data on the uses of removals of students
from the classroom setting, abbreviated school days and exclusionary discipline practices;
and
(h) Student medical alerts and other health data necessary for state reporting.
(4) The department shall provide to school districts and education service districts
training on the method developed and implemented under this section in the manner pre-
scribed by the State Board of Education by rule.
(5) The State Board of Education shall adopt any rules necessary for the administration
of this section.
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SECTION 2. For the purpose of developing the method for electronically creating, col-
lecting, using, maintaining, disclosing, transferring and accessing student data as required
under section 1 of this 2025 Act, the Department of Education:
(1) Must establish student data standards to further the purposes of the method.
(2) Must ensure that the method is developed, which may be accomplished by entering
into an intergovernmental agreement or a contract with a public or private entity for the
development of the method.
(3) Shall ensure that the method reduces or eliminates redundancies related to student
data and that the method is compatible with local methods related to student data that are
in place prior to the implementation of the method.
(4) Shall ensure, during the transition to the method, that:
(a) The integrity and security of student data is maintained; and
(b) School districts and education service districts are provided with technical support
to transition to the method.
(5) Shall establish a schedule to:
(a) Test and implement the method.
(b) Adequately train school district and education service district staff in the use of the
method.
(c) Ensure that school districts and education service districts are prepared to fully im-
plement the method at the later of:
(A) The date when the Department of Education first enters into a contract to provide
a standardized method to share student data; or
(B) The date of the expiration of a contract between a school district or an education
service district and a student information systems provider.
(6) Shall establish a technical advisory committee to assist in the development and im-
plementation of the method. The committee shall:
(a) Include the following members appointed by the Superintendent of Public Instruction
or the superintendent’s designee:
(A) A representative of a statewide organization that represents school administrators;
(B) A representative of a statewide organization that primarily represents licensed
teachers;
(C) A representative of a statewide organization that primarily represents classified ed-
ucators and educator staff;
(D) A representative of a statewide organization that represents school nurses;
(E) A representative of school health providers that are not school nurses;
(F) A special education educator who is a technical expert in individualized education
programsystems;
(G) A representative of a statewide organization of school business officials in this state;
(H) A representative of a statewide organization that represents education service dis-
tricts;
(I) A representative of a statewide organization that represents school boards;
(J) A representative of the Oregon Youth Authority;
(K) An expert on the statewide longitudinal data system;
(L) A representative of the office of Enterprise Information Services established in the
Oregon Department of Administrative Services;
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(M) Two members who are parents, students or representatives of the public; and
(N) Fifteen representatives of an organization that coordinates the contract and imple-
mentation process for student information systems in multiple school districts of this state.
(b) Have the following responsibilities:
(A) Study the Juvenile Justice Information System.
(B) Provide oversight and technical guidance to staff within the Department of Education
regarding the implementation of the method.
(C) Make recommendations for legislation to the Legislative Assembly, recommendations
for administrative rules to the State Board of Education and recommendations for policy
development to the Department of Education, school districts, education service districts and
any other entity identified by the committee as being required or encouraged to develop
policies in relation to a standardized method to share student data.
(D) Coordinate efforts with any state-level committees or organizations that address
Medicaid billing by school districts and education service districts.
(E) Oversee the implementation of the method and submit reports no later than October
1 of each even-numbered year on the implementation of the method to the State Board of
Education and, in the manner provided in ORS 192.245, to the committees or interim com-
mittees of the Legislative Assembly related to education.
(F) Consider alignment with grant applications and intersecting programs.
(G) Recommend attainable schedules for testing, training and implementation in educa-
tion service districts and in school districts of varying sizes across the state.
(H) Analyze and make recommendations regarding cybersecurity issues that may affect
student data.
(c) When fulfilling the responsibilities described in paragraph (b) of this subsection, con-
sult with:
(A) Early intervention and early childhood special education specialists and supervisors;
and
(B) School district and education service district staff who will use the method to share
student data.
SECTION 3. All appointments to the technical advisory committee established under
section 2 (6) of this 2025 Act must be completed by December 1, 2025.
SECTION 4.Section 2 of this 2025 Act is repealed on July 1, 2035.
SECTION 5. ORS 326.565 is amended to read:
326.565. (1) The State Board of Education shall adopt by rule standards for the [creation, use,
custody and disclosure, including access,] creation, collection, use, maintenance, disclosure,
transfer and access of student education records held by a school district or another public or
private educational entity that provides educational services to students in any grade from
kindergarten through grade 12. Consistent with the requirements of applicable state and federal law,
thestandards:
(a) Shall incorporate the method used to electronically create, collect, use, maintain,
disclose, transfer and access student data, as developed and implemented pursuant to section
1 of this 2025 Act.
[(a)](b) Shall include requirements under which a school district or other educational entity
will transfer student education records pursuant to ORS 326.575.
[(b)] (c) May be applied differently to persons 18 years of age or older.
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(2) The board shall distribute the rules that are adopted under subsection (1) of this section to
all school districts and education service districts and shall make the rules available on the
website of the Department of Education.
(3) School districts shall make the rules received under subsection (2) of this section available
to the public schools in the district and to the public.
SECTION 6. ORS 192.842 is amended to read:
192.842. (1) A county clerk or other elections official shall use the actual address of a program
participant for voter registration purposes. Except as provided in ORS 192.820 to 192.868, a county
clerk or other elections official may not disclose the actual address.
(2) A county clerk or other elections official shall use the substitute address of the program
participant for purposes of mailing a ballot to an elector under ORS 254.470.
(3) A school district shall use the actual address of a program participant for any purpose re-
lated to admission or assignment. The school district shall take such measures as necessary to pro-
tect the confidentiality of the actual address of the program participant. Student records created
under ORS 326.565 and [326.580] section 1 of this 2025 Act shall use the substitute address of the
program participant.
(4) A county clerk shall accept the substitute address of the program participant as the address
of the applicant for the purpose of issuing a marriage license under ORS 106.041 or registering a
Declaration of Domestic Partnership under ORS 106.325.
SECTION 7. ORS 338.115 is amended to read:
338.115. (1) Statutes and rules that apply only to school district boards, school districts or other
public schools do not apply to public charter schools. However, the following laws do apply to public
charterschools:
(a) Federal law;
(b) ORS 30.260 to 30.300 (tort claims);
(c) ORS 192.311 to 192.478 (public records law);
(d) ORS 192.610 to 192.705 (public meetings law);
(e) ORS chapters 279A, 279B and 279C (Public Contracting Code);
(f) ORS 297.405 to 297.555 and 297.990 (Municipal Audit Law);
(g) ORS 326.565[,] and 326.575 [and 326.580] and section 1 of this 2025 Act (student records);
(h) ORS 181A.195, 326.603, 326.607 and 342.223 (criminal records checks);
(i) ORS 329.045 (academic content standards and instruction);
(j) ORS 329.451 (high school diploma, modified diploma, extended diploma and certificate of at-
tendance);
(k) ORS 329.496 (physical education);
(L) The statewide assessment system developed by the Department of Education for mathemat-
ics, science and language arts under ORS 329.485 (2);
(m) ORS 336.840 (use of personal electronic devices);
(n) ORS 337.150 (textbooks);
(o) ORS 339.119 (consideration for educational services);
(p) ORS 339.141, 339.147 and 339.155 (tuition and fees);
(q) ORS 339.250 (9) (prohibition on infliction of corporal punishment);
(r) ORS 339.326 (notice concerning students subject to juvenile court petitions);
(s) ORS 339.370 to 339.400 (reporting of suspected abuse and suspected sexual conduct);
(t) ORS 342.856 (core teaching standards);
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(u) ORS chapter 657 (Employment Department Law);
(v) ORS 332.505 (2), 659.850, 659.855 and 659.860 (discrimination);
(w) Any statute or rule that establishes requirements for instructional time provided by a school
during each day or during a year;
(x) Statutes and rules that expressly apply to public charter schools;
(y) Statutes and rules that apply to a special government body, as defined in ORS 174.117, or a
public body, as defined in ORS 174.109;
(z) Health and safety statutes and rules;
(aa) Any statute or rule that is listed in the charter; and
(bb) This chapter.
(2) Notwithstanding subsection (1) of this section, a charter may specify that statutes and rules
that apply only to school district boards, school districts and other public schools may apply to a
public charter school.
(3) If a statute or rule applies to a public charter school, then the terms “school district” and
“public school” include public charter school as those terms are used in that statute or rule.
(4) A public charter school may not violate the Establishment Clause of the First Amendment
to the United States Constitution or Article I, section 5, of the Oregon Constitution, or be religion
based.
(5)(a) A public charter school shall maintain an active enrollment of at least 25 students.
(b) For a public charter school that provides educational services under a cooperative agree-
ment described in ORS 338.080, the public charter school is in compliance with the requirements of
this subsection if the public charter school provides educational services under the cooperative
agreement to at least 25 students, without regard to the school districts in which the students are
residents.
(6) A public charter school may sue or be sued as a separate legal entity.
(7) The sponsor, members of the governing board of the sponsor acting in their official capacities
and employees of a sponsor acting in their official capacities are immune from civil liability with
respect to all activities related to a public charter school within the scope of their duties or em-
ployment.
(8) A public charter school may enter into contracts and may lease facilities and services from
a school district, education service district, public university listed in ORS 352.002, other govern-
mental unit or any person or legal entity.
(9) A public charter school may not levy taxes or issue bonds under which the public incurs li-
ability.
(10) A public charter school may receive and accept gifts, grants and donations from any source
for expenditure to carry out the lawful functions of the school.
(11) The school district in which the public charter school is located shall offer high school di-
plomas, modified diplomas, extended diplomas and certificates of attendance to any public charter
school students who meet the district’s and state’s standards for a high school diploma, a modified
diploma, an extended diploma or a certificate of attendance.
(12) A high school diploma, a modified diploma or an extended diploma issued by a public
charter school grants to the holder the same rights and privileges as a high school diploma, a
modified diploma or an extended diploma issued by a nonchartered public school. A certificate of
attendance issued by a public charter school shall have the same restrictions as a certificate of at-
tendance issued by a nonchartered public school.
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(13) Prior to beginning operation, the public charter school shall show proof of insurance to the
sponsor as specified in the charter.
(14) A public charter school may receive services from an education service district in the same
manner as a nonchartered public school in the school district in which the public charter school is
located.
SECTION 8. ORS 343.173 is amended to read:
343.173. (1) Notwithstanding the limitation on access to records under ORS 192.311 to 192.478,
326.565, 326.575 and 336.187 and section 1 of this 2025 Act, the parent is entitled at any reasonable
time to examine all of the records of the school district pertaining to the identification, evaluation
and educational placement of the child and the provision of a free appropriate public education to
the child. Records must be provided without undue delay, which may not exceed 10 business days,
as defined in ORS 192.311, from the date of the request for the records. Records may be redacted
only to the extent necessary to protect personally identifiable information of other children unless
disclosure is authorized by law or court order.
(2) Any parent is entitled to obtain an independent evaluation at the expense of the school dis-
trict if the parent disagrees with an evaluation obtained by the district.
(3) If the school district disagrees with the parent’s request for an independent educational
evaluation, the district may initiate a hearing under ORS 343.165 to show that the district’s evalu-
ation is appropriate. If the final decision is that the district’s evaluation is appropriate, the parent
has the right to an independent educational evaluation, but not at the district’s expense.
(4) If the parent requests an independent educational evaluation of the child, the school district
shall provide information about where an independent educational evaluation may be obtained.
(5) If a hearing officer appointed under ORS 343.165 requests an independent educational eval-
uation as part of a hearing, the school district shall pay the cost of the evaluation.
(6) For purposes of this section, “independent educational evaluation” means an evaluation
conducted by a qualified examiner who is not employed by the school district responsible for the
child in question.
SECTION 9. ORS 346.169 is amended to read:
346.169. (1) Notwithstanding the provisions of ORS 346.165 and 346.167, whenever a person who
is blind or blind and deaf requests any public or private agency to exchange with another agency
the records of the agency concerning the person making the request, the agency shall furnish the
records to the designated agency.
(2) The request made under subsection (1) of this section may be made by a guardian of the
person who is blind or blind and deaf.
(3) As used in this section, “record” includes name and address of the person who is blind or
blind and deaf, medical and psychological records, and other information designated by the person
requesting the exchange of records.
(4) Where appropriate, a request for an exchange of records made under the provisions of this
section shall be subject to the confidentiality and access provisions of ORS 179.495, 326.565, 326.575,
336.187, 341.290, 344.600, 411.320, 419B.035 and 419B.045 and section 1 of this 2025 Act.
SECTION 10. ORS 433.280 is amended to read:
433.280. Nothing in ORS 179.505, 192.553 to 192.581, 326.565, 326.575 or 336.187or section 1 of
this 2025 Act prevents:
(1) Inspection by or release to administrators by local health departments of information relating
to the status of a person’s immunization against restrictable diseases without the consent of the
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person, if the person has been emancipated or has reached the age of majority, or the parent of a
child.
(2) Local health departments from releasing information concerning the status of a person’s im-
munization against restrictable diseases by telephone to the parent, administrators and public health
officials.
SECTION 11. ORS 326.580 is repealed.
SECTION 12. The amendments to ORS 192.842, 338.115, 343.173, 346.169 and 433.280 by
sections 6 to 10 of this 2025 Act and the repeal of ORS 326.580 by section 11 of this 2025 Act
become operative July 1, 2035.
SECTION 13.This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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