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