Or. Admin. Code § 581-021-0511 - Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses
(1) School
districts shall adopt and implement local board policy related to fingerprint
collection and processing which shall:
(a)
Specify that subject individuals as defined by this rule are subject to
fingerprinting and criminal records checks required by law;
(b) Specify which contractors will be
considered to have unsupervised access to children and are subject to
fingerprinting and criminal records checks required by law;
(c) Specify the format used to notify subject
individuals that fingerprinting and criminal record checks are required by law
and that any action resulting from those checks may be appealed as a contested
case;
(d) Provide a clear statement
that the district will terminate the employee, if it receives notification by
the Superintendent of Public Instruction that the person has a conviction for
any of the crimes prohibiting employment that are identified under section (8)
of this rule;
(e) Provide a clear
statement that the district may terminate the employee, if it receives
notification by the Superintendent of Public Instruction that the person has
knowingly made a false statement as to the conviction of any crime;
(f) Specify that subject individuals may
begin to carry out terms of a contract or employment on a probationary basis
pending the return of state and national criminal records checks;
(g) Identify that employment shall be offered
prior to collecting fingerprint information and that fees may be collected from
the subject individual. The subject individual may request that the amount of
the fee be withheld from the amount otherwise due the individual, and the
school district shall withhold the amount only upon the request of the subject
individual; and
(h) Identify a
procedure that ensures the integrity of fingerprint collection and will prevent
any possible compromise of the process.
(2) Fingerprints may be collected by one of
the following:
(a) Employing school district
staff;
(b) Contracted agent of
employing school district;
(c)
Local or state law enforcement agency; or
(d) Statewide vendor identified by the Oregon
Department of Administrative Services.
(3) Immediately following offer and
acceptance of employment or contract, school districts shall send fingerprint
information for each subject individual to the Oregon Department of Education
for purposes of a criminal records check.
(4) Criminal records check requests shall be
submitted electronically through the statewide vendor identified by DAS.
Exemptions from this requirement may be granted by the Oregon Department of
Education on an individual basis. Reasons for exemption include, but are not
limited to, geographic location and ability of vendor to meet needs. School
districts exempted from the electronic process shall submit fingerprint
information on forms provided by the Oregon Department of Education.
(5) The Oregon Department of Education shall
request criminal records information from the Oregon State Police in the manner
prescribed by law. A fee per criminal records check request shall be
established by the department, reviewed annually, and commensurate to cost
changes to Oregon State Police or Federal Bureau of Investigation fee schedules
and other costs associated with acquiring and furnishing criminal offender
information. The fee shall be:
(a) Deducted
from the SSF payment for school districts that receive SSF payments;
or
(b) Invoiced to school districts
that do not receive SSF payments.
(6) Upon receipt of criminal records
information, the Oregon Department of Education shall review the criminal
records of a subject individual. The State Superintendent of Public Instruction
shall:
(a) Issue to the subject individual a
statement of criminal history status and information regarding their right to
an appeal if they do not meet the requirements for employees or contractors or
knowingly made a false statement as to a conviction of a crime; and
(b) Issue to the school district a statement
of criminal history status and related impact on employment or contract
qualification and, if applicable, the Oregon Department of Education's
determination that the subject individual knowingly made a false statement as
to conviction of a crime.
(7) Subject individuals who refuse to consent
to the criminal records check or refuse to be fingerprinted shall be terminated
from employment or contract status by the district.
(8) Subject individuals who have a conviction
for any of the crimes listed in ORS
342.143, or the substantial
equivalent of any of those crimes if the conviction occurred in another
jurisdiction or in Oregon under a different statutory name or number, shall be
refused continued employment or have employment terminated upon notification
from the Superintendent of Public Instruction.
(9) A school district may terminate the
employment of any subject individual who knowingly makes a false statement as
to the conviction of a crime upon notification of the false statement by the
Superintendent of Public Instruction.
(10) Evaluations of crimes shall be based on
Oregon laws in effect at the time of conviction, regardless of the jurisdiction
in which the conviction occurred.
(11) Prior to making a determination that
results in a notice and opportunity for hearing, the Superintendent of Public
Instruction may cause an investigation to be undertaken. Subject individuals
and districts shall cooperate with the investigation and may be required to
furnish oral or written statements by affidavit or under oath. If the
Superintendent of Public Instruction determines through investigation that a
violation of this rule has not occurred, a written decision explaining the
basis for the decision will be provided to the subject individual.
(12) Subject individuals may appeal a
determination that prevents their employment or eligibility to contract with a
school district as a contested case under ORS
183.413 to
183.470 to the Superintendent of
Public Instruction.
(13) The Oregon
Department of Education shall not provide copies of criminal records to anyone
except as provided by law. The subject individual may inspect his or her
personal criminal records under the supervision of properly certified LEDS
personnel at the Oregon Department of Education.
(14) The Oregon Department of Education shall
maintain a record of all properly submitted fingerprint information. The record
shall include at least the following:
(a)
Fingerprint sequence number;
(b)
District submitting the fingerprints;
(c) Date the Department form is
received;
(d) Date fingerprint
information is sent to Oregon State Police; and
(e) Date denial or final approval sent to
district.
Notes
Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.603
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