One of the things that defines OSBA’s advocacy work is the depth of the resources and expertise we can call on.
Laws require the right language to operate as intended. I am an attorney myself and am used to dealing with the required precision, but it helps to consult other legal minds. We have the equivalent of a fair-sized legal firm that specializes in education to call on right in our offices.
When the safety of our children is at stake, it becomes even more important.
This session, I’ve been working with Rep. Kevin Mannix, R-Keiser, and Therese Holmstrom, OSBA senior assistant legal counsel, on House Bill 3563 to define “boundary invasions,” or “grooming” as it is commonly known.
Currently, there is a definition of sexual conduct in statute. If an employee suspects another employee of sexual conduct, the employee is required by statute to report that conduct to a school administrator. However, there is no definition of “grooming” in statute.
Because there is no definition or reporting requirement, unless conduct rises to the level of suspected sexual conduct — which requires at the very least behavior that unreasonably interferes with a student’s educational performance or that creates an intimidating or hostile educational environment — there is often confusion over whether inappropriate, non-sexual interactions between school employees and students should be reported. That leads to similar confusion over whether an administrator should place the employee on leave for the suspected behavior.
The Teacher Standards and Practices Commission in its administrative rules for competent and ethical performance mandates that Oregon educators maintain an appropriate student-educator relationship. The bill would put the detailed TSPC definition into statute.
Boundary invasions are often a precursor to sexual conduct, and we believe closing this gap will allow this behavior to be caught early before it rises to the level of sexual conduct.
HB 3563 had a public hearing Monday, March 31. Rep. Mannix’s office and I testified in support, and Therese joined us to help answer legislators’ questions.
This bill is part of a larger conversation. The current sexual conduct reporting statute was enacted in 2019, and after speaking with legislators, the Oregon Department of Education and TSPC, it’s time to relook at the statute to amend and add new definitions to give TSPC and ODE more tools to investigate concerning behavior in our schools and keep our students safe.
The bill will not move forward this session, but it will hopefully turn into a work group with education advocates, legislators who worked on the initial bill in 2019, TSPC and ODE.
Getting the right language for a law is often a long process. This is another advantage of OSBA’s advocacy. We offer the continuity to ensure such important issues don’t fall in the cracks between sessions.
We know you care deeply about the safety and well-being of your students, so we aim to continue the work on giving our schools the best tools to protect children.
– Adrienne Anderson
OSBA Government Relations Counsel
