Current through Register Vol. 63, No. 12, December 1, 2024
(1) School
districts that have volunteers that have direct unsupervised contact with
students shall have a policy requiring those volunteers to undergo a criminal
records check.
(2) State criminal
records check based on name and DOB:
(a) A
school district may submit a request to the Oregon Department of Education for
an in-state criminal records check in LEDS based on name and DOB on any
volunteer.
(b) State criminal
records check requests made under this section shall:
(A) Use forms provided by the Oregon
Department of Education;
(B)
Include an authorization from the volunteer for the Oregon Department of
Education to perform a criminal records check; and
(C) Include payment of the processing fee of
$5 per person to be checked.
(3) State and national criminal records check
based on fingerprints:
(a) A school district
may submit a request to the Oregon Department of Education for a
fingerprint-based criminal records check for volunteers identified in local
board policy as requiring a fingerprint-based criminal records check.
(b) Requests for fingerprint-based criminal
records checks 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;
(c) A fee 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.
(d) A fingerprint-based criminal records
check conducted in accordance with this section will be a state and national
check through the Oregon State Police and the FBI.
(4) The Oregon Department of Education shall
review the criminal records when a request is made under section (2) or (3) of
this rule, make a fitness determination, and notify the school district of that
determination.
(a) A volunteer does not meet
the fitness standards of this rule if the individual has:
(A) 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;
or
(B) Knowingly made a false
statement.
(b) The
Oregon Department of Education shall not provide copies of criminal records to
anyone except as provided by law.
(5) Notwithstanding the fitness determination
made by the Oregon Department of Education pursuant to this rule, a school
district may allow a volunteer that has undergone a criminal records check to
have direct, unsupervised contact with school children.
Statutory/Other Authority: ORS
326.051
Statutes/Other Implemented: ORS
326.607
