Bill Text: OR SB104 | 2013 | Regular Session | Enrolled
Bill Title: Relating to criminal records checks; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2013-04-12 - Effective date, July 1, 2013. [SB104 Detail]
Download: Oregon-2013-SB104-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 104
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Education)
CHAPTER ................
AN ACT
Relating to criminal records checks; amending ORS 326.603; and
declaring an emergency.
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 of a contractor, 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).
(c) A person who is a community college faculty member
providing instruction { + :
(A) At the site of an early childhood education program or at a
school site as part of an early childhood education program; or
(B) + }At a kindergarten through grade 12 school site during
the regular school day.
(d) A person who is an employee of a public charter school.
(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
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 subsection
(1)(a), (b) or (c) of this section.
(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 school 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 subsection (1) of
this section. If the person described in subsection (1)(b) or (d)
of this section requests, the school district shall and a private
school may withhold the amount from amounts otherwise due the
Enrolled Senate Bill 104 (SB 104-A) Page 1
person, including a periodic payroll deduction rather than a lump
sum payment.
(4) Notwithstanding subsection (1) of this section, the
Department of Education 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 (d) 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.
(6) If a person described in subsection (1) of this section
states on a criminal history form provided by the Department of
Education that the person has not been convicted of a crime but
the criminal records check indicates that the person has a
conviction, the department shall determine whether the person
knowingly made a false statement as to the conviction. The
department shall develop a process and criteria to use for
appeals of a determination under this subsection.
(7)(a) The Superintendent of Public Instruction shall inform a
school district or private school if a person described in
subsection (1) of this section has been convicted of a crime
listed in ORS 342.143 (3) or has knowingly made a false statement
on a criminal history form provided by the Department of
Education as to the conviction of any crime.
(b) If a person described in subsection (1) of this section has
been convicted of a crime listed in ORS 342.143 (3), a school
district may not employ or contract with the person and a private
school may choose not to employ or contract with the person.
Notification by the superintendent that the school district may
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.
(c) If a person described in subsection (1) of this section has
knowingly made a false statement on a criminal history form
provided by the Department of Education as to the conviction of a
crime not listed in ORS 342.143 (3), a school district or private
school may choose to employ or contract with the person.
(8) If a person described in subsection (1) of this section
refuses to consent to the criminal records check or refuses to be
fingerprinted, the school 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.
(9) 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.
(10) As used in this section and ORS 326.607:
(a) '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
Enrolled Senate Bill 104 (SB 104-A) Page 2
(B) Provides instructional programs that are not limited solely
to dancing, drama, music, religious or athletic instruction.
(b) 'School district' means:
(A) A school district as defined in ORS 330.003.
(B) The Oregon School for the Deaf.
(C) An educational program under the Youth Corrections
Education Program.
(D) A public charter school as defined in ORS 338.005.
(E) An education service district.
SECTION 2. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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Passed by Senate February 26, 2013
Repassed by Senate March 25, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House March 20, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 104 (SB 104-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 104 (SB 104-A) Page 4
