Concussion protocol, school meals, sexual conduct: 5 Oregon education bills still in play

Compensation for student athletes, diploma requirements, defining "sexual conduct," brain injury protocol and eligibility for free and reduced-price meals are all subjects being discussed by Oregon's Senate and House committees.

Only 35 days long, the 2020 legislative short session is moving quickly, meaning bills progress, or die, quickly.

While a large focus of the session has been on a controversial greenhouse gas emissions cap-and-trade bill, other bills are being discussed that could have an impact on communities across the state.

Some education bills appear to be dead after moving to committees where they have received no action since. 

Among these are Senate Bill 1572, which would establish a task force on high school diploma requirements, and House Bill 4137, which would authorize all public universities in Oregon to offer doctoral degrees.

Other education bills, however, remain in play. Here's a look at five of them:

Compensation for student athletes

If passed, SB 1501 would permit intercollegiate athletes to earn compensation for coaching, the use of their name, image or likeness, and to retain professional representation or an agent. 

The bill would also prohibit universities, athletic associations, conferences or organizations from infringing on these rights, and from penalizing a student athlete who exercises those rights, according to bill documents.

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California Gov. Gavin Newsom signed California SB 206 last year, allowing student athletes at California's universities to receive compensation for the use of their names, images or likenesses.

Shortly after, the National Collegiate Athletic Association's Board of Governors directed its divisions to consider updates to related policies, officials said. More than 20 states are considering legislation, with varying provisions, that would allow student athletes to earn compensation.

Oregon's bill would take effect January 1, 2023.

The bill's chief sponsors are Senate President Peter Courtney, D-Salem, and Sen. Shemia Fagan, D-Portland. 

The bill passed the Senate on Feb. 17 with a 24-5 vote, one excused. It's scheduled for a public hearing and work session with the House ed committee on Feb. 24. 

School meal eligibility

If passed, SB 1520 would expand the state's definition of "eligible student," modifying school reimbursement rates for schools to provide free or reduced-price meals under the National School Lunch Program or School Breakfast Program.

The bill would make state funding available at an earlier date for summer programs, specifically at schools considered to be high poverty.

More than 300,000 Oregon children are adversely affected by hunger every day, according to officials with the nonprofit Partners for Hunger Free Oregon. Efforts were also taken in the 2019 legislative session to address this need.

This year's legislation came at the request of the Senate Interim Committee on Education. It was unanimously passed by the Senate on Feb. 11, with the exception of two excused members. 

It has a public hearing and work session scheduled at the House ed committee's meeting on Feb. 24. 

Defining 'sexual conduct'

If passed, SB 1522 would modify the state's definition of "sexual conduct" related to abuse of, and sexual conduct toward, students.

Among other things, the bill also discusses students' counseling needs and physical education requirements.

The bill would allow school districts and employees accused of sexual conduct to receive Teacher Standards and Practices Commission investigative reports, and allow districts to use those reports to make discipline and employment determinations.

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The bill modifies confidentiality requirements related to documents, materials and reports, and affects licensed school employees, contractors, agents and volunteers, according to bill documents.

The bill would require board members of educational service districts to be mandatory reporters of abuse of children. This comes just after public school board members became mandatory reporters, effective last month.

Additional elements of the bill include:

• For school years prior to 2021-2022 school year only, school districts are not required to comply with requirement that students in grades six through eight participate in physical education for entire school year; 
• And public education provider may hold executive sessions in certain instances involving allegations of sexual violence, sexual conduct or sexual harassment by public officer, employee, staff member or individual agent of public education provider.

In 2019, SB 155 enacted several new provisions relating to investigations of abuse and sexual conduct by school staff, officials said. The goal of the new bill is to make technical changes for a "smoother implementation."

The bill was passed unanimously by the Senate on Feb. 18. It was referred to House Speaker Tina Kotek's desk on Feb. 20. 

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School concussion protocol

If passed, HB 4140 would require the Oregon Department of Education to develop a form for public education programs to use when a student has been diagnosed with a concussion or other brain injury.

The form — which must be completed by August 1, 2021 — would need to describe academic, nonmedical accommodations the institution may provide the student.

The bill also requires the state ed department make the form available for educators, program employees, students, parents and guardians alike. Oregon's State Board of Education would be allowed to adopt rules necessary for implementation.

The bill aims to fill a gap in an existing law.

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SB 348 passed the Oregon Legislature in 2009. It requires coaches be annually trained to recognize the signs and symptoms of a concussion, along with seeking proper medical treatment.

It also requires students to not participate in athletic events if they exhibit the signs and symptoms consistent with a concussion or been diagnosed with one, according to bill documents.

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The training does not, however, apply to academic accommodations or teaching staff working with students post-concussion, officials wrote. The new bill aims to fix that.

HB 4140 was passed by the Oregon House on Feb. 12 in a 54-3 vote, with one representative excused and two excused for business of the house.

It reached the Senate floor on Feb. 20, passing unanimously with one senator excused.

Oral health curriculum

If passed, HB 4127 would direct Oregon school districts to provide age-appropriate instruction on oral health as part of their health education curriculum.

The bill also would:

• Direct the Oregon Health Authority to establish and maintain a Community Dental Health Coordinator Pilot Program to support school-based oral health programs;
• Establish a Community Dental Health Coordinator Pilot Program Fund;
• Require the authority to seek funding for the pilot program;
• And require the authority to accept claims for reimbursement of costs related to care coordination surrounding school-based oral health services.

The bill would go into effect on January 1, 2022, so long as the fund's balance is at least $200,000 by that time. The program and fund would sunset on June 30, 2025.

Just over half of the children enrolled in the Oregon Health Plan received preventive oral health services — such as sealants, fluoride treatments and cleanings — in 2018, according to data released last month.

Officials said black children had the lowest rate of access to preventive services and the highest rate of emergency department visits for avoidable dental problems. 

However, according to the Oregon Oral Health Coalition, oral disease is almost 100% preventable if students have access to oral health education.

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The bill was sent out of the House ed committee earlier this month with a "do pass with amendments" recommendations. It was then sent to the Joint Ways and Means Committee and assigned to the Subcommittee on Human Services. 

There is a work session scheduled Feb. 24. 

For more information or to look up other bills, go to www.oregonlegislature.gov.

Contact education reporter Natalie Pate at npate@StatesmanJournal.com, 503-399-6745 or follow Natalie on Twitter @Nataliempate or Facebook at www.Facebook.com/nataliepatejournalist.