The Oregon Administrative Rules contain OARs filed through November 15, 2015
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OREGON DEPARTMENT OF EDUCATION
DIVISION 45
PRIVATE VOCATIONAL SCHOOLS
581-045-0001 [Renumbered to 715-045-0001]
581-045-0003 [Renumbered to 715-045-0003]
581-045-0006 [Renumbered to 715-045-0006]
581-045-0007 [Renumbered to 715-045-0007]
581-045-0008 [Renumbered to 715-045-0008]
581-045-0009 [Renumbered to 715-045-0009]
581-045-0012 [Renumbered to 715-045-0012]
581-045-0013 [Renumbered to 715-045-0013]
581-045-0014 [Renumbered to 715-045-0014]
581-045-0018 [Renumbered to 715-045-0018]
581-045-0019 [Renumbered to 715-045-0019]
581-045-0022 [Renumbered to 715-045-0022]
581-045-0023 [Renumbered to 715-045-0023]
581-045-0029 [Renumbered to 715-045-0029]
581-045-0032 [Renumbered to 715-045-0032]
581-045-0033 [Renumbered to 715-045-0033]
581-045-0034 [Renumbered to 715-045-0034]
581-045-0036 [Renumbered to 715-045-0036]
581-045-0037 [Renumbered to 715-045-0037]
581-045-0038 [Renumbered to 715-045-0038]
581-045-0039 [Renumbered to 715-045-0039]
581-045-0060 [Renumbered to 715-045-0060]
581-045-0061 [Renumbered to 715-045-0061]
581-045-0062 [Renumbered to 715-045-0062]
581-045-0063 [Renumbered to 715-045-0063]
581-045-0064 [Renumbered to 715-045-0064]
581-045-0065 [Renumbered to 715-045-0065]
581-045-0066 [Renumbered to 715-045-0066]
581-045-0067 [Renumbered to 715-045-0067]
581-045-0068 [Renumbered to 715-045-0068]
581-045-0190 [Renumbered to 715-045-0190]
581-045-0200 [Renumbered to 715-045-0200]
581-045-0210 [Renumbered to 715-045-0210]
Standards for Registration of Private Elementary and Secondary Schools
581-045-0586
Fingerprinting of Subject
Individuals Employed by Private Schools in Positions Not Requiring Licensure as
Teachers, Administrators, Personnel Specialists, School Nurses
(1) Definitions of terms shall be as follows:
(a) "Applicant" means a subject
individual for whom fingerprint cards and other required information have been submitted
to the Oregon Department of Education for a criminal history check and review;
(b) "Convictions of crimes prohibiting
employment, contract or assignment by a contractor" means, notwithstanding any other
statutes or Oregon administrative rule, conviction of a crime listed in ORS 342.143,
or making a false statement as to the conviction of a crime;
(c) "Direct, unsupervised contact
with students" means contact with students that provides the person opportunity
and probability for personal communication or touch when not under direct supervision;
(d) "Fee" means the total charges
assessed. Fees shall be paid to the Oregon Department of Education with submission
of fingerprint cards and associated form. The fee amount and distribution shall
be as follows:
(A) Oregon State Police (OSP)
— $28;
(B) Federal Bureau of Investigation
(FBI) — $16.50;
(C) Oregon Department of Education
— $14.50;
(D) TOTAL — $59.
(e) "Information to be required"
means all information requested by the Oregon Department of Education for processing
the fingerprint application, including the following:
(A) One properly completed FBI
fingerprint cards #USGPO 1990-262-201-2000; and
(B) A properly completed Department
of Education form #581-2283-M.
(f) “Knowingly made a
false statement” means that a subject individual has failed to disclose on
the Department of Education form #581-2283-M as part of the criminal background
check process any of the following:
(A) A felony;
(B) Any misdemeanor conviction
less than twenty years from date of conviction;
(C) Any misdemeanor that is
listed in ORS 342.143 or its substantial equivalent in another jurisdiction.
(g) "Newly hired" means a person
employed for three months or less after application or request for a position without
regard to that person's current or previous employer.
(h) "Private School" means a
school that:
(A) Offers education in prekindergarten,
kindergarten or grades 1 through 12, or any combination of those grade levels; and
(B) Provides instructional programs
that are not limited solely to dancing, drama, music, religious or athletic instruction.
(i) "Subject individual" means:
(A) A person newly hired by
a Private School in a position not requiring licensure under ORS 342.223; and
(B) Any person hired as or by
a contractor into a position having direct, unsupervised contact with students and
not requiring licensure under ORS 342.223.
(2) A private school may request
that Department of Education conduct a criminal records check of a subject individual.
Upon receipt of the information, the Department shall request criminal information
from the Department of State Police in the manner prescribed by law and may charge
the private school a fee not to exceed the actual cost of acquiring and furnishing
the information.
(3) The Oregon Department of
Education shall review the criminal records of subject individual upon the private
school's submission of the required FBI and state forms and the State Superintendent
of Public Instruction or designee shall issue a statement of criminal history status.
The Superintendent of Public Instruction or designee shall notify the private school
if the subject individual has knowingly made a false statement as to conviction
of a crime. A private school may choose to employ or contract with a person who
has knowingly made a false statement as to conviction of a crime.
(4) The Oregon Department of
Education shall not provide copies of criminal records to anyone except as provided
by law. The subject individual may inspect his or her personal criminal records
under the supervision of properly certified LEDS (Law Enforcement Data Systems)
personnel at the Department of Education.
(5) The Superintendent of Public
Instruction or designee shall notify the private school if the subject individual
has been convicted of a crime listed in ORS 342.143, 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. A private school may choose to
employ or contract with a person who has been convicted of a crime listed in ORS
342.143 or the substantial equivalent.
(6) Only cards and forms approved
by the Department of Education will be accepted. The Department of Education will
return any incomplete or incorrectly completed fingerprint cards and associated
forms without taking any other action. The Department of Education will return fingerprint
cards and associated forms without appropriate fees without taking any other action.
(7) The Department of Education
shall maintain a record of all properly submitted fingerprint cards. The record
shall include at least the following:
(a) Card sequence number;
(b) Name of Private School submitting
the cards;
(c) Date cards and Department
form received;
(d) Date incomplete card returned
to the school (only if applicable);
(e) Date completed card sent
to Oregon State Police;
(f) Date private school was
notified of state police record or lack of record;
(g) Date FBI card returned to
Department;
(h) Date private school was
notified of FBI record or lack of record.
Stat. Auth.: ORS 326.603
Stats. Implemented: ORS 326.603
Hist.: EB 16-1997, f. &
cert. ef. 12-29-97; ODE 29-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 13-2003(Temp),
f. & cert. ef. 7-1-03 thru 12-15-03; Administrative correction 8-2-04; ODE 9-2006,
f. & cert. ef. 2-21-06; Renumbered from 581-022-1732, ODE 25-2008, f. &
cert. ef. 9-26-08; ODE 27-2009, f. & cert. ef. 12-10-09; ODE 7-2012, f. 2-1-12,
cert. ef. 2-3-12; ODE 28-2012(Temp), f. 9-13-12, cert. ef. 9-17-12 thru 3-15-13;
ODE 4-2013, f. & cert. ef. 1-17-13; ODE 11-2014, f. & cert. ef. 2-19-14;
ODE 7-2015, f. & cert. ef. 4-15-15
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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