Oregon Oregon Department of Education, Early Learning Division

Rule Rule 414-061-0045
Disqualifying Conditions for Enrollment


(1)

A subject individual has a disqualifying condition and is ineligible for enrollment in the Central Background Registry if such individual:
(a) Refuses to consent to OCC’s criminal background check or required fingerprinting;
(b) Knowingly makes or has knowingly made a materially false statement in connection with their application for initial enrollment or renewal of their enrollment in the Central Background Registry, including but not limited to the required criminal background check, or the individual’s records or history related to child abuse and neglect, foster care, or adult protective services;
(c) Is registered, or is required to be registered, on any State, tribal, or US territory sex offender registry or repository or the National Sex Offender Registry; or
(d) Has been convicted of a felony or misdemeanor consisting of:
(A) Aggravated murder, murder, criminal homicide, aggravated vehicular homicide, or manslaughter in the first degree as defined by ORS 163.005 (Criminal homicide), ORS 163.095 (“Aggravated murder” defined), ORS 163.115 (Murder in the second degree), ORS 163.118 (Manslaughter in the first degree), or ORS 163.149 (Aggravated vehicular homicide);
(B) Child abuse or neglect, or other crimes against children as defined by ORS 163.207 (Female genital mutilation), ORS 163.405 (Sodomy in the first degree), ORS 163.408 (Unlawful sexual penetration in the second degree), ORS163.432, ORS 163.433 (Online sexual corruption of a child in the first degree), ORS 163.435 (Contributing to the sexual delinquency of a minor), ORS 163.525 (Incest), ORS 163.535 (Abandonment of a child), ORS 163.537 (Buying or selling a person under 18 years of age), ORS 163.545 (Child neglect in the second degree), ORS 163.547 (Child neglect in the first degree), ORS 163.555 (Criminal nonsupport), ORS 163.575 (Endangering the welfare of a minor), ORS 163.670 (Using child in display of sexually explicit conduct), ORS 163.684 (Encouraging child sexual abuse in the first degree), ORS 163.686 (Encouraging child sexual abuse in the second degree), ORS 163.687 (Encouraging child sexual abuse in the third degree), ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), or ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree);
(C) A crime involving rape, sexual assault, sexual abuse, sodomy, sexual misconduct or other sexual offenses as defined by; ORS 163.365 (Rape in the second degree), ORS 163.375 (Rape in the first degree), ORS 163.385 (Sodomy in the third degree), ORS 163.395 (Sodomy in the second degree), ORS 163.405 (Sodomy in the first degree), ORS 163.408 (Unlawful sexual penetration in the second degree), ORS 163.411 (Unlawful sexual penetration in the first degree), ORS 163.413 (Purchasing sex with a minor), ORS 163.415 (Sexual abuse in the third degree), ORS 163.425 (Sexual abuse in the second degree), ORS 163.427 (Sexual abuse in the first degree), 163.445 (Sexual misconduct), ORS 163.452 (Custodial sexual misconduct in the first degree), or ORS 163.454 (Custodial sexual misconduct in the second degree), or any crime listed in definition of sex crime in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).
(D) Kidnapping or trafficking in persons as defined by ORS 163.225 (Kidnapping in the second degree), ORS 163.235 (Kidnapping in the first degree) or ORS 163.266 (Trafficking in persons);
(E) Arson as defined in ORS 164.315 (Arson in the second degree) or ORS 164.325 (Arson in the first degree);
(F) Physical assault or battery as defined by ORS 163.165 (Assault in the third degree), ORS 163.175 (Assault in the second degree), ORS 163.185 (Assault in the first degree), ORS 163.187 (Strangulation); or
(G) A drug-related offense under ORS chapter 475, committed during the preceding five years, that results in the conviction of the subject individual of a Class A felony, Class B felony, Class C felony, or a Class A Misdemeanor.
(H) Sexual assault of an animal as defined in ORS 167.333 (Sexual assault of an animal)

(2)

These rules also apply to:
(a) A conviction of a crime in another jurisdiction which is the substantial equivalent of a crime listed Section 1(d);
(b) An adjudication of guilt by reason of insanity, of an act that is the substantial equivalent of a crime listed in section 1(d);
(c) An adjudication by a juvenile court that a youth has committed an act that is the substantial equivalent of a crime listed in Section 1(d);
(d) Any attempts, conspiracies or solicitations to commit any Felony or Misdemeanor crime listed in Section 1(d);
(e) A new crime, adopted by the legislature following the most recent amendment of these rules, which is the substantial equivalent of any crimes listed in Section 1(d);
(f) Any crime that is no longer codified in Oregon, but which is the substantial equivalent of any of the crimes listed in Section 1(d).
Source

Last accessed
Jun. 8, 2021