Oregon Code § 40.245·Enacted ·Last updated March 01, 2026
Statute Text
Rule
504-3. School employee-student privilege.
(1) A certificated staff member of an elementary or
secondary school may not be examined in any civil action or proceeding as to
any conversation between the certificated staff member and a student that
relates to the personal affairs of the student or family of the student, and
that if disclosed would tend to damage or incriminate the student or family.
Any violation of the privilege provided by this subsection may result in the
suspension of certification of the professional staff member as provided in ORS
342.175, 342.177 and 342.180.
(2) A licensed
school counselor regularly employed and designated in that capacity by a public
school may not, without the consent of the student, be examined as to any
communication made by the student to the counselor in the official capacity of
the counselor in any civil action or proceeding or a criminal action or
proceeding in which the student is a party concerning the past use, abuse or
sale of drugs, controlled substances or alcoholic liquor. Any violation of the
privilege provided by this subsection may result in the suspension of the
license of the professional school counselor as provided in ORS 342.175,
342.177 and 342.180. However, in the event that the students condition
presents a clear and imminent danger to the student or to others, the counselor
shall report this fact to an appropriate responsible authority or take other
emergency measures that the situation demands. [1981 c.892 §33c; 2021 c.97 §6]
Plain English Explanation
This Oregon statute addresses Rule
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 40.245
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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