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Ex. DUT-OR-008 Standing duty Primary source read

Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203

Relating to claims arising during the COVID-19 emergency period; creating new provisions; amending ORS 659A.200 and 659A.203; and declaring an emergency

Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020 · Oregon (State)

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The record

Jurisdiction
Oregon
Level
State
Authority
Or. Const. art. IV, secs. 1, 28 (emergency clause); Or. Laws 2020 (3d Spec. Sess.), ch. 4
Issued
2020-12-23 Dec. 23, 2020
Effective
2020-12-23 (emergency clause, sec. 7: 'takes effect on its passage') (read as 2020-12-23)
End
applies to claims arising while the Governor's COVID-19 emergency declaration of Mar. 8, 2020 'and any extension of the declaration, is in effect' (sec. 6(1)); the emergency remained in force through Sept. 30, 2021 and beyond (Ex. OR-043, OR-055)
In force
Dec. 23, 2020 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitation types
Schools and child careOperating conditionOther
Addressees
  • specified businesses: public and private K-12 schools, charter schools, education service districts and community college districts (the education industry's employers) and persons on school property
Character
liability shield condition
Collection
Standing duties: Oregon DUT-OR

Operative words

SECTION 2. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school: (a) In the course of operating an education program; and (b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.

Penalty

None as such: the statute conditions immunity; a school not 'operating in compliance with COVID-19 emergency rules' answers in ordinary negligence, and Safe Employment Act and workers' compensation claims are preserved regardless (sec. 2(4)(a)-(b)).

What it required

Granted every 'school' (a common school district, union high school district, education service district, public charter school, 'a private school providing instruction to any grade from kindergarten through grade 12 or a community college district,' sec. 1(3)) immunity from COVID-19 infection claims only 'When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission,' defining 'COVID-19 emergency rule' as 'an executive order, order of the Superintendent of Public Instruction, declaration, directive or other state or federal authorization, policy, statement, guidance, rule or regulation that creates a standard' for education services (sec. 1(1)), withholding it for 'reckless, wanton or intentional misconduct' (sec. 2(3)) and preserving claims under ORS chapter 654 (the Safe Employment Act) and chapter 656 (sec. 2(4)); the Legislature thereby declared compliance with the orders and the guidance the standard of care for the education sector's employers.

Retrieval note

The enrolled bill from the Oregon Legislative Information System (4 pages). Passage and signing dates and the chapter number ('Chapter 4, (2020 Laws): Effective date December 23, 2020') from the Legislature's OData measure-history service (api.oregonlegislature.gov), read Sept. 29, 2026; the enrolled text carries the passage dates of Dec. 21, 2020. Sections 4-5 also made it an unlawful employment practice for a private 'school services employer' to retaliate against employees for protected disclosures during the emergency. This is Oregon's only enacted COVID-19 liability shield; it reaches employers in the education industry only.