Or. Admin. R. 581-045-0586

Current through Register Vol. 63, No. 6, June 1, 2024

Section 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.

Or. Admin. R. 581-045-0586

EB 16-1997, f. & cert. ef. 12-29-97; ODE 29-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 13-2003(Temp), f. & cert. ef. 7-1-03 thru 12-15-03; Reverted to ODE 29-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 9-2006, f. & cert. ef. 2-21-06; Renumbered from 581-022-1732, ODE 25-2008, f. & cert. ef. 9-26-08; ODE 27-2009, f. & cert. ef. 12-10-09; ODE 7-2012, f. 2-1-12, cert. ef. 2-3-12; ODE 28-2012(Temp), f. 9-13-12, cert. ef. 9-17-12 thru 3-15-13; ODE 4-2013, f. & cert. ef. 1-17-13; ODE 11-2014, f. & cert. ef. 2-19-14; ODE 7-2015, f. & cert. ef. 4/15/2015; ODE 22-2019, amend filed 06/25/2019, effective 6/25/2019;ODE 40-2021, temporary amend filed 12/29/2021, effective 12/29/2021through 6/26/2022; ODE 24-2022, amend filed 05/02/2022, effective 5/2/2022; ODE 18-2023, amend filed 07/28/2023, effective 7/28/2023

Statutory/Other Authority: ORS 326.051 & ORS 326.603

Statutes/Other Implemented: ORS 326.603