Chapter 407 Oregon Laws 2001

 

AN ACT

 

HB 2102

 

Relating to Oregon Military Department; creating new provisions; and amending ORS 181.539, 326.603, 342.223 and 342.232.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. Section 2 of this 2001 Act is added to and made a part of ORS 396.305 to 396.360.

 

          SECTION 2. The Oregon Military Department may request from the Department of State Police criminal offender information on subject individuals, as defined in ORS 181.539 (5)(f).

 

          SECTION 3. ORS 181.539 is amended to read:

          181.539. (1) Upon the request of the Teacher Standards and Practices Commission, [or] the Department of Education or the Oregon Military Department, the Department of State Police shall furnish to the authorized staff of the Teacher Standards and Practices Commission, [or] the Department of Education or the Oregon Military Department, whichever is appropriate, such information on a subject individual as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized criminal offender information.

          (2)(a) Subsequent to furnishing the information required under subsection (1) of this section, the Department of State Police shall conduct nationwide criminal records checks of the subject individual through the Federal Bureau of Investigation by use of the subject individual’s fingerprints and shall report the results to the staff of the [Teacher Standards and Practices Commission or the Department of Education] requesting agency, who must be specifically authorized to receive the information.

          (b) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the department shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

          (c) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall return the fingerprint cards to the [Teacher Standards and Practices Commission or the Department of Education] requesting agency. Upon receiving fingerprint cards under this paragraph, the [Teacher Standards and Practices Commission or the Department of Education] requesting agency shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

          (3) For purposes of requesting and receiving the information and data described in subsections (1) and (2) of this section, the Teacher Standards and Practices Commission, [and] the Department of Education and the Oregon Military Department are designated agencies for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730.

          [(4) As used in this section, “subject individual” means:]

          [(a) An individual who is applying for initial issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission for the purpose of a criminal records check.]

          [(b) An individual who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.]

          [(c) An individual who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.]

          [(d) A school district or private school contractor, whether part-time or full-time, or an employee thereof, whether part-time or full-time, who has direct, unsupervised contact with students as determined by the district or private school.]

          [(e) An individual newly hired, whether part-time or full-time, by a school district or private school in a capacity not described in paragraphs (a) to (c) of this subsection who has direct, unsupervised contact with children as determined by the district or private school.]

          [(f) An individual employee, whether part-time or full-time, of a school district or private school in a capacity not described in paragraphs (a) to (c) of this subsection who has direct, unsupervised contact with children as determined by the district or private school.]

          [(g) An individual who is registering with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist.]

          [(h) An individual who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.]

          [(i) An individual who is an employee of a public charter school.]

          [(j) An individual who is applying for initial issuance of a registration as a public charter school teacher under ORS 342.125.]

          [(5) “Subject individual” does not include an individual described in subsection (4)(d), (e), (f), (h) or (i) of this section if the individual or the individual’s employer was checked in one school district or private school and is currently seeking to work in another district or private school unless the individual lived outside this state during the period between the two periods of time of working in the district or private school.]

          [(6)] (4) Nothing in this section shall be considered to require a subject individual as described in subsection [(4)(d), (e) or (i)] (5)(d)(D), (E) or (I) of this section to submit to fingerprinting until the individual has been offered employment or a contract by a school district or private school. Contractor employees shall not be required to submit to fingerprinting until the contractor has been offered a contract.

          [(7)] (5) As used in this section:

          (a) “Private school” means a school that provides educational services as defined in ORS 345.505 and is registered as a private school under ORS 345.505 to 345.575.

          (b) “Requesting agency” means whichever agency requested the criminal offender information under subsection (1) of this section.

          [(b)] (c) “School district” means:

          (A) A school district as defined in ORS 330.003.

          (B) The Oregon State School for the Blind.

          (C) The Oregon State School for the Deaf.

          (D) An educational program under the Youth Corrections Education Program.

          (E) A public charter school as defined in ORS 338.005.

          (F) An education service district.

          (d) “Subject individual,” for purposes of requests made by the Teacher Standards and Practices Commission or the Department of Education, means:

          (A) An individual who is applying for initial issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator or personnel specialist if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission.

          (B) An individual who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for at least three years.

          (C) An individual who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.

          (D) A school district or private school contractor, whether part-time or full-time, or an employee thereof, whether part-time or full-time, who has direct, unsupervised contact with students as determined by the district or private school.

          (E) An individual newly hired, whether part-time or full-time, by a school district or private school in a capacity not described in subparagraphs (A) to (C) of this paragraph who has direct, unsupervised contact with children as determined by the district or private school.

          (F) An individual employee, whether part-time or full-time, of a school district or private school in a capacity not described in subparagraphs (A) to (C) of this paragraph who has direct, unsupervised contact with children as determined by the district or private school.

          (G) An individual who is registering with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the individual has not submitted to a criminal records check within the previous year with the Teacher Standards and Practices Commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist.

          (H) An individual who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day.

          (I) An individual who is an employee of a public charter school.

          (J) An individual who is applying for initial issuance of a registration as a public charter school teacher under ORS 342.125.

          (e) “Subject individual” does not include an individual described in paragraph (d)(D), (E), (F), (H) or (I) of this subsection if the individual or the individual’s employer was checked in one school district or private school and is currently seeking to work in another district or private school unless the individual lived outside this state during the interval between the two periods of time of working in the district or private school.

          (f) “Subject individual,” for purposes of requests made by the Oregon Military Department, means an individual who is applying for or is employed in a position in a job category for which a statewide and nationwide criminal records check is a job qualifier and in which personnel:

          (A) Are assigned to the at-risk youth alternative education program;

          (B) Are issued firearms and munitions;

          (C) Have fiscal and purchasing responsibilities as their primary responsibilities; or

          (D) Have regular access to restricted areas within a military installation.

 

          SECTION 4. ORS 326.603 is amended to read:

          326.603. (1)(a) A school district shall send to the Department of Education for purposes of a criminal records check any information, including fingerprints, for each subject individual described in ORS 181.539 [(4)(d), (e), (f), (h) or (i)] (5)(d)(D), (E), (F), (H) or (I).

          (b) A private school may send to the Department of Education for purposes of a criminal records check any information, including fingerprints, for each subject individual described in ORS 181.539 [(4)(d), (e), (f) or (h)] (5)(d)(D), (E), (F) or (H).

          (2) The Department of Education shall request criminal offender information from the Department of State Police in the manner required by ORS 181.539 and shall charge the district or private school a fee of $42 for the cost of acquiring and furnishing the information described in ORS 181.525 and 181.539. The school district or private school may recover its costs or a portion thereof from the subject individual described in ORS 181.539 [(4)(d), (e), (f), (h) or (i)] (5)(d)(D), (E), (F), (H) or (I). If the subject individual described in ORS 181.539 [(4)(e), (f) or (i)] (5)(d)(E), (F) or (I) requests, the district shall and a private school may withhold the amount from amounts otherwise due the individual, including a periodic payroll deduction rather than a lump sum payment.

          (3)(a) If the Superintendent of Public Instruction informs the school district that the subject individual has been convicted of a crime listed in ORS 342.143 or has made a false statement as to the conviction of a crime, the superintendent shall notify the school district of the fact and the district shall not employ or contract with the individual. Notification by the superintendent that the school district shall not employ or contract with the subject individual shall remove the individual from any school district policies, collective bargaining provisions regarding dismissal procedures and appeals and the provisions of ORS 342.805 to 342.937.

          (b) The Superintendent of Public Instruction shall notify the private school if the subject individual has been convicted of a crime listed in ORS 342.143 or has made a false statement as to the conviction of a crime. Based on the notice, the private school may choose not to employ or contract with the individual.

          (c) The criminal records are confidential and shall not be released to the district or private school but are subject to inspection by the subject individual. The subject individual, other than a subject individual in a private school, may appeal the determination as a contested case under ORS 183.413 to 183.470 and the superintendent shall notify the subject individual of the right to appeal the determination.

          (4) If an individual described in subsection (1) of this section refuses to consent to the criminal records check or refuses to be fingerprinted or if the subject individual falsely swears to the nonconviction of a crime, the district shall terminate the employment or contract status of the individual. Termination under this subsection shall remove the individual from any school district policies, collective bargaining provisions regarding dismissal procedures and appeals and the provisions of ORS 342.805 to 342.937.

          (5) The State Board of Education by rule shall specify the information to be required by subsection (1) of this section.

          (6)(a) A school district shall not hire or continue to employ or contract with or allow the contractor to continue to assign an individual to the school project if the individual described in subsection (1) of this section has been convicted of a crime according to the provisions of ORS 342.143.

          (b) School district employment and contract forms shall contain a notice that employment or contracting is subject to fingerprinting and a criminal records check as required by ORS 181.525, 181.537, 181.539, 326.603, 342.223, 342.227 and 342.232.

          (7) As used in this section and ORS 326.607:

          (a) “Private school” means a school that provides educational services as defined in ORS 345.505 and is registered as a private school under ORS 345.505 to 345.575.

          (b) “School district” means:

          (A) A school district as defined in ORS 330.003.

          (B) The Oregon State School for the Blind.

          (C) The Oregon State School for the Deaf.

          (D) An educational program under the Youth Corrections Education Program.

          (E) A public charter school as defined in ORS 338.005.

          (F) An education service district.

 

          SECTION 5. ORS 342.223 is amended to read:

          342.223. (1) The Teacher Standards and Practices Commission may charge a subject individual, as defined in ORS 181.539 [(4)(a) to (c), (g) and (j)] (5)(d)(A) to (C), (G) and (J), a fee not to exceed $42 for the cost of acquiring and furnishing the information described in ORS 181.525 and 181.539.

          (2) A refusal to consent to the criminal records check described in ORS 181.525 and 181.539 or a refusal to be fingerprinted upon request of the commission or the making of any false statement as to the conviction of a crime shall be grounds for refusal to issue, renew or reinstate a license, certificate or registration and is in addition to the grounds stated in ORS 342.143. The criminal record is confidential and shall be available only to the subject individual.

          (3) The subject individual may appeal the refusal to issue an initial license, certificate or registration under this section as a contested case under ORS 183.413 to 183.470, but the refusal to renew or reinstate a license or registration is subject to ORS 342.175 to 342.180, and the commission shall notify the subject individual of the right to appeal.

 

          SECTION 6. ORS 342.232 is amended to read:

          342.232. (1) A school district, education service district, private school or public charter school may authorize an individual described under ORS 181.539 [(4)(d), (h) or (i)] (5)(d)(D), (H) or (I) to begin carrying out the terms of a contract pending the return of the criminal records check by the Federal Bureau of Investigation.

          (2) A school district, education service district, private school or public charter school may hire on a probationary basis an individual described under ORS 181.539 [(4)(e) or (i)] (5)(d)(E) or (I) pending the return of the criminal records check by the Federal Bureau of Investigation.

 

Approved by the Governor June 18, 2001

 

Filed in the office of Secretary of State June 18, 2001

 

Effective date January 1, 2002

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