Chapter 35
AN ACT
HB 2047
Relating to criminal records checks of school
personnel; amending ORS 326.603, 336.631, 338.115, 342.127, 342.223 and
342.232; and repealing ORS 181.539.
Be It Enacted by the People of
the State of
SECTION 1. ORS 326.603 is amended to read:
326.603. (1) For the
purposes of requesting a state or nationwide criminal records check under ORS
181.534, the Department of Education may require the fingerprints of:
(a) 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.
(b) A person newly
hired, whether part-time or full-time, by a school district or private school
in a capacity not described in ORS 342.223 (1) who has direct, unsupervised
contact with children as determined by the district or private school.
(c) A person employed,
whether part-time or full-time, by a school district or private school in a
capacity not described in ORS 342.223 (1) who has direct, unsupervised contact
with children as determined by the district or private school.
(d) A person who is a
community college faculty member providing instruction at a kindergarten
through grade 12 school site during the regular school day.
(e) A person who is an
employee of a public charter school.
[(1)(a)] (2)(a) A school district
shall send to the Department of Education for purposes of a criminal records
check any information, including fingerprints, for each person described in [ORS 181.539 (1)(d), (e), (f), (h) or (i)]
subsection (1) of this section.
(b) A private school may
send to the Department of Education for purposes of a criminal records check
any information, including fingerprints, for each person described in [ORS 181.539 (1)(d), (e), (f) or (h)]
subsection (1)(a), (b), (c) or (d) of this section.
[(2)] (3) The Department of Education shall request that the
Department of State Police conduct a criminal records check as provided in ORS
181.534 and may charge the district or private school a fee as established by
rule under ORS 181.534. The school district or private school may recover its
costs or a portion thereof from the person described in [ORS 181.539 (1)(d), (e), (f), (h) or (i)]
subsection (1) of this section. If the person described in [ORS 181.539 (1)(e), (f) or (i)]
subsection (1)(b), (c) or (e) of this section requests, the district shall
and a private school may withhold the amount from amounts otherwise due the
person, including a periodic payroll deduction rather than a lump sum payment.
(4) Notwithstanding
subsection (1) of this section, the department may not require fingerprints of
a person described in subsection (1) of this section if the person or the
person’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
person lived outside this state during the interval between the two periods of
time of working in the district or private school.
(5) Nothing in this
section requires a person described in subsection (1)(a), (b) or (e) of this
section to submit to fingerprinting until the person has been offered
employment or a contract by a school district or private school. Contractor
employees may not be required to submit to fingerprinting until the contractor
has been offered a contract.
[(3)(a)] (6)(a) If the
Superintendent of Public Instruction informs the school district that the
person 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 person. Notification by the superintendent that the school district shall
not employ or contract with the person shall remove the person 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 person 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 person.
[(4)] (7) If a person described in subsection (1) of this
section refuses to consent to the criminal records check or refuses to be
fingerprinted or if the person falsely swears to the nonconviction of a crime,
the district shall terminate the employment or contract status of the person.
Termination under this subsection removes the person from any school district
policies, collective bargaining provisions regarding dismissal procedures and
appeals and the provisions of ORS 342.805 to 342.937.
[(5)] (8) A school district may not hire or continue to
employ or contract with or allow the contractor to continue to assign a person
to the school project if the person described in subsection (1) of this section
has been convicted of a crime according to the provisions of ORS 342.143.
[(6)] (9) 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
(C) The
(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 2. ORS 342.223 is amended to read:
342.223. [(1) The Teacher Standards and Practices
Commission may charge a person described in ORS 181.539 (1)(a) to (c), (g) or
(j) a fee not to exceed the full cost of acquiring and furnishing the
information described in ORS 181.525 and 181.534.]
(1) For the purpose
of requesting a state or nationwide criminal records check under ORS 181.534,
the Teacher Standards and Practices Commission may require the fingerprints of:
(a) A person 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 person has not submitted to a criminal records check by the commission within the
previous year.
(b) A person 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) A person who is
applying for initial issuance of a certificate under ORS 342.475 as a school
nurse.
(d) A person who is
registering with the commission for student teaching, practicum or internship
as a teacher, administrator or personnel specialist, if the person has not submitted
to a criminal records check by the commission within the previous year for
student teaching, practicum or internship as a teacher, administrator or
personnel specialist.
(e) A person who is
applying for initial issuance of a registration as a public charter school
teacher under ORS 342.125.
(2) The making of any
false statement as to the conviction of a crime is 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.
(3) A person 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 person of the right to appeal.
SECTION 3. ORS 342.127 is amended to read:
342.127. (1) The Teacher
Standards and Practices Commission shall establish and the commission shall
collect:
(a) A fee not to exceed
$100 for evaluation of the initial application for each teaching license for
which application is made. If the applicant is eligible for the teaching
license for which application is made and the license is issued within 90 days
of original application, the commission shall issue the license without
additional charge.
(b) A fee not to exceed
$100 for the renewal of each teaching license and a fee not to exceed $20 for
each duplicate teaching license.
(c) A fee not to exceed
$800 for a beginning teacher assessment conducted in lieu of an approved
preparation program required for licensure.
(d) A fee not to exceed
$200 for alternative assessment conducted in lieu of a passing score on a
licensure examination established by the commission.
(e) A fee not to exceed
$75 for registration as a public charter school teacher that includes any fee
charged pursuant to [ORS 342.223 or]
rules adopted under ORS 181.534.
(f) A fee not to exceed
$75 for renewal of a registration as a public charter school teacher that
includes any fee charged pursuant to [ORS
342.223 or] rules adopted under ORS 181.534.
(2) In addition to the
fee required by subsection (1) of this section for the issuance of a teaching
license, the Teacher Standards and Practices Commission shall collect a fee not
to exceed $150 for the evaluation of an applicant requesting licensing based
upon completion of other than an
(3) In addition to the
fees required by subsection (1) of this section, the Teacher Standards and
Practices Commission shall collect a late application fee not to exceed $25 per
month up to a maximum of $125 from an applicant who fails to make timely
application for renewal of the license or registration. The actual amount of
the fee shall be determined in accordance with rules of the Teacher Standards
and Practices Commission.
(4) In spite of the
expiration date posted on the license, the license shall continue to be valid
for purposes of ORS 342.173 for an additional 120 days. However, the district
may require a statement from the applicant indicating that the applicant has
completed the requirements for license renewal.
(5) In addition to the
fee required by subsection (1) of this section for the issuance of a teaching
license, the commission shall collect a fee not to exceed $150 for the
reinstatement of a license that has been revoked by the commission for gross
neglect of duty or gross unfitness under ORS 342.175.
(6) In addition to the
fee required by subsection (1) of this section for the issuance of a teaching
license, the commission shall collect a fee not to exceed $100 for the issuance
of any emergency license through an expedited process at the request of any
school district or education service district that seeks to employ the
applicant.
(7) Fee rates
established under this section shall cover, but not exceed, the full cost of
administrative expenses incurred by the commission during any biennium.
SECTION 4. ORS 342.232 is amended to read:
342.232. (1) A school
district, education service district, private school or public charter school
may authorize a person described under ORS [181.539
(1)(d), (h) or (i)] 326.603 (1)(a), (d) or (e) to begin carrying out
the terms of a contract pending the return of [the] a state or nationwide 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 a person described under ORS [181.539 (1)(e) or (i)] 326.603 (1)(b) or (e) pending the
return of the criminal records check [by
the Federal Bureau of Investigation].
SECTION 5. ORS 336.631 is amended to read:
336.631. (1) Prior to contracting with or distributing any public funds
to a private alternative education program, a district school board shall:
(a) Annually approve the
private alternative education program;
(b) Determine that the
private alternative education program is registered with the Department of
Education; and
(c) Determine that the
private alternative education program complies with the requirements of
subsection (2) of this section and ORS 336.625 (3)(c).
(2) The following laws
apply to private alternative education programs that are registered with the
Department of Education under ORS 336.635 in the same manner as the laws apply
to school districts and public schools:
(a) Federal law;
(b) ORS 181.534, [181.539,] 326.603, 326.607, 342.223
and 342.232 (criminal records checks);
(c) ORS 337.150,
339.141, 339.147 and 339.155 (tuition and fees);
(d) ORS 659.850 and
659.855 (discrimination);
(e) Health and safety
statutes and rules; and
(f) Any statute, rule or
school district policy that is specified in a contract between the school
district board and the private alternative education program.
(3) Prior to placement
of a student in a private alternative education program, the resident district
shall determine whether the proposed placement best serves the student’s
educational needs and interests and assists the student in achieving the district
and state academic standards.
(4) Contracts between a
school district and a private alternative education program shall be included
in the assessment of effectiveness provided for in ORS 329.085.
SECTION 6. ORS 338.115 is amended to read:
338.115. (1) Statutes
and rules that apply to school district boards, school districts or other
public schools do not apply to public charter schools. However, the following
laws do apply to public charter schools:
(a) Federal law;
(b) ORS 192.410 to
192.505 (public records law);
(c) ORS 192.610 to
192.690 (public meetings law);
(d) ORS 297.405 to
297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534, [181.539,] 326.603, 326.607, 342.223
and 342.232 (criminal records checks);
(f) ORS 337.150
(textbooks);
(g) ORS 339.141, 339.147
and 339.155 (tuition and fees);
(h) ORS 659.850 and
659.855 (discrimination);
(i) ORS 30.260 to 30.300
(tort claims);
(j) Health and safety
statutes and rules;
(k) Any statute or rule
that is listed in the charter;
(L) The statewide
assessment system developed by the Department of Education for mathematics,
science and English under ORS 329.485 (1);
(m) ORS 329.045
(academic content standards and instruction);
(n) Any statute or rule
that establishes requirements for instructional time provided by a school
during each day or during a year;
(o) ORS 339.250 (12)
(prohibition on infliction of corporal punishment);
(p) ORS 339.370, 339.372
and 339.375 (reporting of child abuse); and
(q) This chapter.
(2) Notwithstanding subsection
(1) of this section, a charter may specify that statutes and rules that apply
to school district boards, school districts and other public schools may apply
to a public charter school.
(3) If a statute or rule
applies to a public charter school, then the terms “school district” and “public
school” include public charter school as those terms are used in that statute
or rule.
(4) A public charter
school may not violate the Establishment Clause of the First Amendment to the
United States Constitution or section 5, Article I of the Oregon Constitution,
or be religion based.
(5) A public charter
school shall maintain an active enrollment of at least 25 students.
(6) A public charter
school may sue or be sued as a separate legal entity.
(7) The sponsor, members
of the governing board of the sponsor acting in their official capacities and
employees of a sponsor acting in their official capacities are immune from
civil liability with respect to all activities related to a public charter
school within the scope of their duties or employment.
(8) A public charter
school may enter into contracts and may lease facilities and services from a
school district, education service district, state institution of higher
education, other governmental unit or any person or legal entity.
(9) A public charter
school may not levy taxes or issue bonds under which the public incurs
liability.
(10) A public charter
school may receive and accept gifts, grants and donations from any source for
expenditure to carry out the lawful functions of the school.
(11) The school district
in which the public charter school is located shall offer a high school
diploma, certificate, Certificate of Initial Mastery or Certificate of Advanced
Mastery to any public charter school student who meets the district’s and state’s
standards for a high school diploma, certificate, Certificate of Initial
Mastery or Certificate of Advanced Mastery. If the school district offers a
Certificate of Initial Mastery subject area endorsement to students who attend
school in the district, then the school district shall offer the endorsement to
any public charter school student who meets the district’s and state’s
standards for the endorsement.
(12) A high school
diploma, certificate, Certificate of Initial Mastery, Certificate of Initial
Mastery subject area endorsement or Certificate of Advanced Mastery issued by a
public charter school grants to the holder the same rights and privileges as a
high school diploma, certificate, Certificate of Initial Mastery, Certificate
of Initial Mastery subject area endorsement or Certificate of Advanced Mastery
issued by a nonchartered public school.
(13) Prior to beginning
operation, the public charter school shall show proof of insurance to the
sponsor as specified in the charter.
(14) A public charter
school may receive services from an education service district in the same
manner as a nonchartered public school in the school district in which the
public charter school is located.
SECTION 7. ORS 181.539 is repealed.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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