OAR 581-021-0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

(1) School districts shall adopt and implement local board policy related to fingerprint collection and processing which shall:
(a) Specify that subject individuals as defined by this rule are subject to fingerprinting and criminal records checks required by law;
(b) Specify which contractors will be considered to have unsupervised access to children and are subject to fingerprinting and criminal records checks required by law;
(c) Specify the format used to notify subject individuals that fingerprinting and criminal record checks are required by law and that any action resulting from those checks may be appealed as a contested case;
(d) Provide a clear statement that the district will terminate the employee, if it receives notification by the Superintendent of Public Instruction that the person has a conviction for any of the crimes prohibiting employment that are identified under section (8) of this rule;
(e) Provide a clear statement that the district may terminate the employee, if it receives notification by the Superintendent of Public Instruction that the person has knowingly made a false statement as to the conviction of any crime;
(f) Specify that subject individuals may begin to carry out terms of a contract or employment on a probationary basis pending the return of state and national criminal records checks;
(g) Identify that employment shall be offered prior to collecting fingerprint information and that fees may be collected from the subject individual. The subject individual may request that the amount of the fee be withheld from the amount otherwise due the individual, and the school district shall withhold the amount only upon the request of the subject individual; and
(h) Identify a procedure that ensures the integrity of fingerprint collection and will prevent any possible compromise of the process.
(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.
(3) Immediately following offer and acceptance of employment or contract, school districts shall send fingerprint information for each subject individual to the Oregon Department of Education for purposes of a criminal records check.
(4) 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. School districts exempted from the electronic process shall submit fingerprint information on forms provided by the Oregon Department of Education.
(5) The Oregon Department of Education shall request criminal records information from the Oregon State Police in the manner prescribed by law. A fee of $59 per criminal records check request will 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.
(6) Upon receipt of criminal records information, the Oregon Department of Education shall review the criminal records of a subject individual. The State Superintendent of Public Instruction shall:
(a) Issue a statement of criminal history status and related impact on employment or contract qualification; and
(b) Notify the school district if the subject individual has knowingly made a false statement as to conviction of a crime.
(7) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted shall be terminated from employment or contract status by the district.
(8) Subject individuals who have a conviction for any of the crimes listed in ORS 342.143 (Issuance of licenses and registrations), 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, shall be refused continued employment or have employment terminated upon notification from the Superintendent of Public Instruction.
(9) A school district may terminate the employment of any subject individual who knowingly makes a false statement as to the conviction of a crime upon notification of the false statement by the Superintendent of Public Instruction.
(10) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.
(11) Prior to making a determination that results in a notice and opportunity for hearing, the Superintendent of Public Instruction may cause an investigation to be undertaken. Subject individuals and districts shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Superintendent of Public Instruction determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual.
(12) Subject individuals may appeal a determination that prevents their employment or eligibility to contract with a school district as a contested case under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) to the Superintendent of Public Instruction.
(13) 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 Oregon Department of Education.
(14) The Oregon Department of Education shall maintain a record of all properly submitted fingerprint information. The record shall include at least the following:
(a) Fingerprint sequence number;
(b) District submitting the fingerprints;
(c) Date the Department form is received;
(d) Date fingerprint information is sent to Oregon State Police; and
(e) Date denial or final approval sent to district.

Source: Rule 581-021-0511 — Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0511.

581‑021‑0009
Exemptions 581‑021‑0013
Child Development Specialist Programs 581‑021‑0017
Dental Screening Certification 581‑021‑0019
Interdistrict Transfer Agreement 581‑021‑0020
District School Board Proceedings 581‑021‑0022
Student Evaluation 581‑021‑0023
Mercury Elimination Policy 581‑021‑0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher 581‑021‑0029
Home Schooling for Children with Disabilities 581‑021‑0030
Limitation on Administration and Utilization of Tests in Public Schools 581‑021‑0031
Vision Screening 581‑021‑0033
Interscholastic Activities Eligibility Requirement for Home School Students 581‑021‑0037
Administration of Medication 581‑021‑0038
Minimum Requirements for School District Sexual Harassment Policies 581‑021‑0041
Form and Protocol for Sports Physical Examinations 581‑021‑0043
Displaying Sovereign Tribal Government’s Flags in Public Schools 581‑021‑0045
Discrimination Prohibited 581‑021‑0046
Program Compliance Standards 581‑021‑0047
Prohibits Public Schools from using Native American Mascots 581‑021‑0050
Minimum Standards for Student Conduct and Discipline 581‑021‑0055
Standards of Conduct 581‑021‑0060
Discipline Procedures, Prohibition of Corporal Punishment 581‑021‑0061
Corporal Punishment 581‑021‑0065
Suspension 581‑021‑0070
Expulsion 581‑021‑0071
District Information for Parents and Students Regarding the Availability of Alternative Education Programs 581‑021‑0072
Registration of Private Alternative Programs/Schools 581‑021‑0073
Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure 581‑021‑0075
Distribution 581‑021‑0076
Exemption from Compulsory Attendance 581‑021‑0077
Compulsory Attendance Notices and Citation 581‑021‑0081
Student Absences 581‑021‑0100
School Traffic Patrols 581‑021‑0110
Tobacco Free Schools 581‑021‑0200
Standard Education for Oregon Students 581‑021‑0210
Evaluating Student Transcripts 581‑021‑0220
Definitions 581‑021‑0225
Records of Law Enforcement Units 581‑021‑0230
The Rights of Parents 581‑021‑0240
The Rights of Eligible Students 581‑021‑0250
An Educational Agency or Institution’s Policy Regarding Student Education Records 581‑021‑0255
Transfer of Student Education Records 581‑021‑0260
An Educational Agency or Institution’s Annual Notification 581‑021‑0265
Confidentiality of Student Education Records 581‑021‑0270
Rights of Inspection and Review of Education Records 581‑021‑0280
Fees for Copies of Education Records 581‑021‑0290
Limitations on the Right to Inspect and Review Records 581‑021‑0300
A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records 581‑021‑0310
Right to a Hearing to Challenge Content 581‑021‑0320
Minimum Requirements for the Conduct of a Hearing 581‑021‑0330
Prior Consent to Disclose Information 581‑021‑0340
Exceptions to Prior Consent 581‑021‑0350
Limitations on the Redisclosure of Information 581‑021‑0360
Conditions for the Disclosure of Information to Other Educational Agencies or Institutions 581‑021‑0370
Conditions for the Disclosure of Information for Federal or State Program Purposes 581‑021‑0371
Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena 581‑021‑0372
Conditions for the Disclosure of Information When Legal Action Initiated 581‑021‑0380
Conditions for the Disclosure of Information in Health and Safety Emergencies 581‑021‑0390
Conditions for the Disclosure of Directory Information 581‑021‑0391
Conditions for the Disclosure of Information to Juvenile Justice Agencies 581‑021‑0400
Recordkeeping Requirements 581‑021‑0410
Filing a Federal Complaint 581‑021‑0420
Civil Action 581‑021‑0430
The Distribution of Rules Relating to Student Records 581‑021‑0505
Radio Frequency Identification Device Policy for Student 581‑021‑0510
Fingerprinting: Definitions 581‑021‑0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses 581‑021‑0512
Non-employment criminal background checks for school districts 581‑021‑0550
Definitions: Restraint and Seclusion 581‑021‑0553
Use of Restraint and Seclusion in Public Education Programs 581‑021‑0556
Procedures Regarding Restraint and Seclusion 581‑021‑0563
Approval of Restraint and Seclusion Training Programs for School Staff 581‑021‑0566
Required Use of Approved Restraint and Seclusion Programs 581‑021‑0568
Standards for Seclusion Rooms 581‑021‑0569
Use of Seclusion Cells Prohibited 581‑021‑0570
Complaint Procedures 581‑021‑0576
Definitions 581‑021‑0578
School District Eligibility to Offer a Post Graduate Scholar Program 581‑021‑0579
Student Eligibility to Participate in a Post Graduate Scholar Program 581‑021‑0580
Definitions 581‑021‑0582
Establishment 581‑021‑0584
Oregon State Seal of Biliteracy
Last Updated

Jun. 8, 2021

Rule 581-021-0511’s source at or​.us