OAR 581-045-0587
Non-employment criminal records checks for private schools

(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 of $59 will 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 (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 private school may allow a volunteer that has undergone a criminal records check to have direct, unsupervised contact with school children.

Source: Rule 581-045-0587 — Non-employment criminal records checks for private schools, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-045-0587.

Last Updated

Jun. 8, 2021

Rule 581-045-0587’s source at or​.us