74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2047
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Education)
CHAPTER ................
AN ACT
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 Oregon:
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
Enrolled House Bill 2047 (HB 2047-INTRO) Page 1
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 Oregon State School for the Blind.
(C) The Oregon State School for the Deaf.
Enrolled House Bill 2047 (HB 2047-INTRO) Page 2
(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.
Enrolled House Bill 2047 (HB 2047-INTRO) Page 3
(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 Oregon approved
teacher education program.
(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
Enrolled House Bill 2047 (HB 2047-INTRO) Page 4
(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
Enrolled House Bill 2047 (HB 2047-INTRO) Page 5
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. + }
----------
Enrolled House Bill 2047 (HB 2047-INTRO) Page 6
Passed by House February 20, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 26, 2007
...........................................................
President of Senate
Enrolled House Bill 2047 (HB 2047-INTRO) Page 7
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2047 (HB 2047-INTRO) Page 8