Criminal Records Check

Legislation passed by the 1993 and 1995 Legislature requires nearly all school district employees and school district contractors to submit their fingerprints for a nationwide criminal background check.

The Teacher Standards and Practices Commission (TSPC) requires teachers, administrators, personnel specialists or school nurses applying for initial licenses to submit their fingerprints for nationwide criminal background checks. Individuals registering with TSPC for student teaching, practicum or teacher internships also must submit their fingerprints. [ORS 181.539(4)(a)]

School employees not licensed by TSPC but who have direct unsupervised contact with students must submit their fingerprints to the state Department of Education for nationwide criminal background checks. These employees include instructional assistants, bus drivers, secretaries, cooks, custodians and other support staff. [ORS 181.539(4)(e)]

Individuals who are required to have criminal background checks either by TSPC or the Department of Education cannot be employed by a school district if they:

• Were convicted of any crime and failed to disclose that conviction to TSPC or the Department of Education [ORS 342.223(2), 342.865(1)(f), 326.603(4) and 326.603(6)(a)],
• Were convicted of any crime listed in ORS 342.143, or
• Refused to submit their fingerprints for a criminal background check. [ORS 342.223(2), 342.865(1)(f), 326.603(4) and 326.603(6)(a)]

If TSPC does not renew an employee’s license because that employee was convicted for a crime listed in ORS 342.143, or for failing to disclose a conviction, that employee must be dismissed. The dismissed employee is denied any rights under school district policies, collective bargaining contract provisions regarding dismissal procedures and appeals or the Accountability for Schools for the 21st Century Law. [ORS 342.223(2), 342.143, 342.175(2) and 342.865(4)]

If the Department of Education determines that a classified employee was convicted of a crime listed in ORS 342.143, or has failed to disclose a conviction, the state Superintendent of Public Instruction notifies the school district and the district cannot employ or contract with that individual. The classified employee also is denied any rights under school district policies and collective bargaining contract provisions regarding dismissal procedures and appeals when the district receives notification from the state superintendent that the person cannot be employed. [ORS 326.603(3)]

School districts also may require volunteers who have direct unsupervised contact with students to submit to an Oregon criminal background check conducted by the Oregon Department of Education. (ORS 326.607)

[Return to top]