Or. Admin. Code § 581-045-0586 - Fingerprinting of Subject Individuals Employed by Private Schools in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses
(1) A private
school may request that the Oregon Department of Education conduct a criminal
records check of a subject individual by submitting fingerprint information for
that individual to the Department.
(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) 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. Private
schools exempted from the electronic process shall submit fingerprints on forms
provided by the Oregon Department of Education.
(4) The Department 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 invoiced to the private school.
(5)
(a)
Upon receipt of criminal records information, the Oregon Department of
Education shall review the criminal records of a subject individual. The
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 knowingly made a false statement as to a conviction of a
crime; and
(B) Issue to the private
school a statement of criminal history status 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.
(b) A private school may choose to employ or
contract with a person who has knowingly made a false statement as to
conviction of a crime.
(6) The Superintendent of Public Instruction
shall notify the private school if the subject individual has 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. A private
school may choose to employ or contract with a person who has a conviction for
a crime listed in ORS
342.143 or the substantial
equivalent.
(7) 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 Department.
(8)
The Oregon Department of Education shall maintain a record of all properly
submitted fingerprint information. The record shall include at least the
following:
(a) Card Fingerprint sequence
number;
(b) Name of private school
submitting the fingerprints;
(c)
Date the Department form is received;
(d) Date fingerprint information is sent to
Oregon State Police;
(e) Date
private school was notified of criminal history results.
Notes
Statutory/Other Authority: ORS 326.051 & ORS 326.603
Statutes/Other Implemented: ORS 326.603
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