Or. Admin. Code § 581-021-0510

Current through Register Vol. 63, No. 11, November 1, 2024

Section 581-021-0510 - Fingerprinting: Definitions

As used in OAR 581-021-0510 through 581-021-0512, the following definitions apply:

(1)

(a) "Conviction" means:

(A) Any adjudication in any criminal court of law, in this state or in any other jurisdiction, finding the individual committed a crime. A crime is an offense for which a sentence of imprisonment is authorized.

(B) Any adjudication in a juvenile proceeding, in this state or in any other jurisdiction, determining that the individual committed an offense, which if done by an adult, would constitute a crime listed in ORS 342.143.

(C) Any conduct which resulted in mandatory registration reporting as a sex offender in this state or any other jurisdiction or current requirement to register as a sex offender. A later court order or other action relieving the individual of the sex offender registration/reporting requirement does not affect the status of the conduct as a conviction for purposes of this rule.

(D) Any plea of guilty, no contest or nolo contendere in connection with a crime, in this state or in any other jurisdiction.

(b) Notwithstanding subsection (a) of this section, the following additional guidelines apply when determining whether a conviction exists:

(A) A conviction does not exist where a dismissal was later entered into the record in connection with a diversion or on any sort of deferred adjudication or delayed entry of judgment.

(B) A conviction does not exist where an Oregon court has expunged or otherwise removed a conviction from the record of an individual. A conviction does exist for purposes of this rule even if a crime was expunged or removed from the record of the individual under the laws of another jurisdiction if the crime would be ineligible under ORS 137.225 for expunction or removal from the record if the conviction had occurred in Oregon.

(C) A conviction does not exist where an individual was granted a full pardon by executive order of the Governor of this state. A conviction does exist for purposes of this rule even if a crime was pardoned by executive order in another jurisdiction, unless the Superintendent of Public Instruction determines that the pardon issued by the other jurisdiction is the equivalent of a full pardon by executive order in this state.

(D) Except as noted above, a conviction does not exist only where there was a judicial adjudication that the individual did not commit the offense in question, or when a conviction, adjudication or plea is overturned by an appellate court of record and no later conviction, adjudication or plea indicating the individual committed the offense in question is on the record.

(2) "DAS" means State of Oregon, Department of Administrative Services;

(3) "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;

(4) "DOB" means date of birth;

(5) "FBI" means the Federal Bureau of Investigations;

(6) "Fingerprint information" means all information requested by the Oregon Department of Education for processing the fingerprint application, including the following:

(a) One properly completed fingerprint submission; and

(b) A properly completed Oregon Department of Education fingerprint based criminal history verification form.

(7) "Knowingly made a false statement" means the failure to disclose on the Oregon Department of Education fingerprint based criminal history verification form as part of the criminal records check process any of the following:

(a) A conviction of a felony;

(b) Any conviction of a misdemeanor within the previous 20 years;

(c) Any conviction of a misdemeanor that is listed in ORS 342.143 or its substantial equivalent in another jurisdiction.

(8) "LEDS" means the Law Enforcement Data System;

(9) "School District" means:

(a) A school district as defined in ORS 330.005;

(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; and

(e) An education service district.

(10) "SSF" means State School Fund;

(11)

(a) "Subject individual" means:

(A) Any person hired within the last three months by a school district and not requiring licensure under ORS 342.223;

(B) Any person employed as or by a contractor into a position having direct, unsupervised contact with students and not requiring licensure under ORS 342.223;

(C) A person who is a community college faculty member providing instruction:

(i) At the site of an early childhood education program or at a school site as part of an early childhood program; or

(ii) At a kindergarten through grade 12 school site during the regular school day; and

(D) A person who is an employee of a public charter school and not requiring licensure under ORS 342.223;

(b) "Subject individual" does not include an employee hired within the last three months if the school district has on file evidence that the employee:

(A) Successfully completed a state and national criminal records check for a previous employer that was a school district or private school; and

(B) Has not resided outside the state between the two periods of employment.

Or. Admin. Code § 581-021-0510

ODE 22-2019, adopt filed 06/25/2019, effective 6/25/2019; ODE 7-2023, amend filed 03/29/2023, effective 3/29/2023

Statutory/Other Authority: ORS 326.051

Statutes/Other Implemented: ORS 326.603 & ORS 326.607