House Bill 2631, Carson’s Law

To:          Oregon Superintendents and Principals, Special Education Directors
From:     Tenneal Wetherell, Assistant Superintendent, Office of Enhancing
               Student Opportunities
Date:      August 30, 2021
Re:         House Bill 2631, Carson’s Law

Dear Oregon School and District Leaders:

Thank you for your work fostering equity and excellence for every learner. 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:

1. 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;
2. 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
3. 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.

Thank you!