Current through Register Vol. 63, No. 9, September 1, 2024
(1) Private schools that have volunteers that
have direct unsupervised contact with students may have a policy requiring
those volunteers to undergo a criminal records check.
(2) State criminal records check based on
name and DOB:
(a) A private school 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
private school may submit a request to the Oregon Department of Education for a
fingerprint-based criminal records check for volunteers identified in local
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. Private schools exempted from the electronic process shall submit
fingerprints 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 invoiced to the private school;
(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 private school 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 private
school 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
