Oregon § 40.245 Rule 504-3. School employee-student privilege

Oregon Statutes

§ 40.245 — Rule 504-3. School employee-student privilege

Oregon § 40.245

Vol.1

Title 4Evidence and Witnesses

Ch. 40Evidence Code

This text of Oregon § 40.245 (Rule 504-3. School employee-student privilege) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 40.245 (2026).

Text

(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 coun

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(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 student’s 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.