OAR 581-021-0512
Non-employment criminal background checks for school districts


(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 of $59 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.
(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 (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; 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) Volunteers may appeal a fitness determination resulting from a fingerprint-based criminal records check under section (3) of this rule 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.
(6) 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.

Source: Rule 581-021-0512 — Non-employment criminal background checks for school districts, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0512.

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 581-021-0512’s source at or​.us