71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2102
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Oregon Military Department)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2102 (HB 2102-INTRO) Page 1
{ - 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
Enrolled House Bill 2102 (HB 2102-INTRO) Page 2
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
Enrolled House Bill 2102 (HB 2102-INTRO) Page 3
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
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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
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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.
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Passed by House February 13, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 31, 2001
...........................................................
President of Senate
Enrolled House Bill 2102 (HB 2102-INTRO) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2102 (HB 2102-INTRO) Page 7