GCDA/GDDA-AR: Criminal Records Checks and Fingerprinting

Code: GCDA/GDDA-AR

Revised/Reviewed: 10/14/10; 2/14/13; 2/12/14; 9/09/15; 6/08/16; 6/11/18

Subject Individual Requirements

1. Any individual newly hired, full-time or part-time, and not requiring licensure as a teacher, administrator, personnel specialist or school nurse shall be required to undergo a nationwide criminal records check and fingerprinting.
2. Any individual applying for reinstatement of an Oregon license with the Teacher Standards and Practices Commission (TSPC) that has lapsed for more than three years shall be required to undergo a nationwide criminal records check and fingerprinting with TSPC.
3. Any individual registering with the TSPC for student teaching, practicum or internship as a teacher, administrator or personnel specialist shall be required to undergo a nationwide criminal records check and fingerprinting with TSPC.
4. Any district contractor^[1], whether part-time or full-time, or an employee of a district contractor, whether part-time or full-time, hired into a position having direct, unsupervised contact with students shall be required to undergo a nationwide criminal records check and fingerprinting. The superintendent will identify district contractors who are present on district property and regularly interact with students and are subject to such requirements.
5. Any contractor or an employee of the contractor who provides early childhood special education or early intervention services shall be required to undergo a nationwide criminal records check and fingerprinting with the Oregon Department of Education (ODE), Child Care Division.
6. Any community college faculty member providing instruction at the site of an early childhood education program or at a school site as part of an early education program, or at a grade K through 12 school site during the regular school day, shall undergo a criminal records check and fingerprinting.
7. Any individual who is an employee of a public charter school not requiring licensure shall be required to undergo a nationwide criminal records check and fingerprinting.
8. Any volunteer, volunteering at any district facility shall undergo a criminal records check before beginning service.

Exceptions

A newly hired employee is not subject to fingerprinting if the district has on file evidence that the newly hired employee previously and successfully completed an Oregon and a FBI criminal records check for a previous employer that was a school district.

Evidence will be either a copy of the criminal records check or a written statement of verification from a supervisor or officer of the previous employer.  Furthermore:

1. The ODE or TSPC verification of a previous check shall be acceptable only in the event the district can demonstrate records are not otherwise available.
2. The district will maintain evidence that the employee has not resided outside the state during the interval between the two periods of time working in the district.

Notification

1. The district will provide notification to individuals subject to criminal records checks and/or fingerprinting of the following:

           a.    Such criminal records checks and/or fingerprinting are required by law and/or board policy;

           b.    Any action resulting from such checks that impact employment or contract may be appealed as a contested case;

           c.    All employment or contract offers [or ability to volunteer] are contingent upon the results of such checks;

           d.    A refusal to consent to a required criminal records check and/or fingerprinting shall result in immediate termination from employment, contract status or the ability to volunteer in the district;

           e.    An individual determined to have knowingly made a false statement as to the conviction of any crime on district employment applications, contracts, ODE forms or district volunteer forms (written or electronic) may result in immediate termination from employment, contract status or the ability to volunteer in the district.

2. The district will provide written notice through such means as employment applications, contracts or volunteer forms.

Processing/Reporting Procedures

1. Any individual subject to criminal records checks and/or fingerprinting shall complete the appropriate forms or requirements as approved by ODE (information available through the district).
2. If the individual is subject to fingerprinting per state law, he/she will be required by the district, and is responsible to report within three working days to an authorized fingerprinter for fingerprinting as directed by the district. Fingerprints may be collected by the chosen render accepted by ODE. The individual subject to fingerprinting shall be subject only after acceptance of an offer of employment or contract.
3. To ensure the integrity of the fingerprinting collection and prevent any compromise of the process, the district will provide the name of the individual to be fingerprinted to the authorized fingerprinter.
4. The authorized fingerprinter will obtain the necessary identification and fingerprinting and notify the ODE with the results.  The ODE will notify the district of said results and any subject individual it believes has knowingly made a false statement as to conviction of a crime prohibiting employment or contract.
5. A copy of the required form to authorize fingerprinting, and the results of such, will be kept in a separate locked cabinet in human resources.

Fees

1. Fees associated with criminal records checks and/or fingerprinting for individuals applying for employment with the district and not requiring licensure, including contractors and their employees, shall be paid by the individual.  The district shall pay the fee for a criminal records check for volunteers.
2. Individuals offered employment in the district may pay the fee prior to beginning employment or may request that the amount of the fee be withheld from the employee’s paycheck, including a periodic payroll deduction rather than a lump sum payment, in accordance with Oregon law.  The district may withhold such fees only upon the request of the individual.

Termination of Employment or Withdrawal of Employment/Contract Offer

1. Any individual required to submit to a criminal records check and/or fingerprinting in accordance with law and/or board policy will be terminated from employment or contract status or withdrawal of offer of employment or contract will be made by the superintendent immediately upon:

           a.    Refusal to consent to a criminal records check and/or fingerprinting; or

           b.    Notification from the Superintendent of Public Instruction or his/her designee that the employee has a conviction of any crime prohibiting employment with the district as specified in law.

2. Any individual required to submit to a criminal records check and/or fingerprinting in accordance with law may be terminated from employment or contract status, or withdrawal of offer of employment or contract will be made by the superintendent upon notification from the Superintendent of Public Instruction or his/her designee that the employee has knowingly made a false statement as to the conviction of any crime.

3. Employment termination shall remove the individual from any district policies, collective bargaining provisions regarding dismissal procedures and appeals and the provisions of Accountability for Schools for the 21st Century Law.

Appeals

All appeals regarding a determination which prevents his/her employment or eligibility to contract with the district will be directed to the Oregon Superintendent of Public Instruction.

Volunteers

1. Volunteers criminal records check will be completed prior to beginning service.
2. Fees for criminal history checks for volunteers will be paid by the district.
3. Appeals regarding a determination which presents a volunteer from entering volunteer service will be handled by following the district policy KL - Public Complaint.
4. Any volunteer who will have direct, unsupervised contact with students that refuses to submit to a required criminal records check to acquire or maintain a volunteer status in the district in accordance with law and/or Board policy will be denied the ability to volunteer in the district.
5. If the district has completed a required criminal records check and the district has been notified by the Superintendent of Public Instruction that the individual knowingly made a false statement on an ODE form as to conviction of any crime that may otherwise prevent a volunteer status in the district, the individual will be denied the ability to volunteer.
6. Any volunteer who knowingly makes a false statement, as determined by the district, on a district volunteer application form may be denied the ability to volunteer in the district.