In a continuing effort to further ensure the safety and welfare of students and staff, the district shall require criminal records checks and fingerprinting of all newly hired full time and part-time employees.  Others having direct, unsupervised contact with students shall also have criminal records checks and fingerprinting, as required by law.

“Direct, unsupervised contact” means contact with students that provides the person opportunity for personal communication or touch.

In addition to the newly hired employees, such checks shall be required of the following:

1. All district contractors and/or their employees, whether employed part-time or full-time;
2. All contractors and/or their employees who provide early childhood special education or early intervention services in accordance with rules established by the Oregon Department of Education (ODE), Child Care Division;
3. 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 childhood program;
4. All adult volunteers.
5. Students working with younger students at another grade level will be cross checked with juvenile offender records.

An individual who has failed to disclose the presence of criminal convictions that would not otherwise prevent his/her employment with the district as provided by law may, at the district’s discretion, be allowed to recertify with the ODE.  The district’s use of criminal history must be relevant to the specific requirements of the position, services or employment.

The district shall begin the employment of an individual or terms of a district contractor on a probationary basis pending the return and disposition of criminal records checks and/or fingerprinting.

The service of a volunteer will not begin before the return and disposition of a criminal records check.

The superintendent or designee shall develop administrative regulations as necessary to meet the requirements of law.

END OF POLICY

ORS 181A.180
ORS 181A.230
ORS 326.603
ORS 326.607
ORS 332.107
ORS 336.631
ORS 342.143
ORS 342.223
OAR 414-061-0010 - 0030
OAR 581-021-0500
OAR 581-021-0502
OAR 581-022-2430
OAR 584-050-0012

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et. seq. (2012).

1. Any individual newly hired into a position having direct, unsupervised contact with students 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.

    “Direct, unsupervised contact with students,” as defined by Oregon Administrative Rule and
     has used throughout this administrative regulation, means contact with students that
     provides the person opportunity and probability for personal communication or touch when
     not under direct supervision.

    The district has determined employees assigned to the following positions may have such
     contact with students and will therefore be required to meet criminal records checks and 
     fingerprinting requirements:

a.  Classroom aides/Educational assistants;
b.  Library/Media aides;
c.  School office secretaries;
d.  Custodians;
e.  Nutrition Service employees;
f.   Bus drivers
g.  Extracurricular activity employees, including:

(1)   Coaches/Athletic trainers;

(2)   Club, organization or other such extracurricular advisors not requiring
       licensure.

Others, as identified by the superintendent or designee, employed by the district on a part-time or full-time basis not requiring licensure and having direct, unsupervised contact with students.

2.   Individuals applying for reinstatement of a license that has lapsed for more than
      three years shall be required to undergo such checks.

     Requirements, including applicable fees and the process for the collection and submission
     of fingerprints, etc., will be met by the individual as a part of the licensing process and in
     accordance with rules established by TSPC.

3.   Any individual registering with 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, 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 or designee will identify district contractors 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.

6.   An individual who is an employee of a public charter school shall be required to
      undergo a nationwide criminal records check and fingerprinting.

7.   Any person authorized by the district for volunteer service and students working with
      younger students at another level or with disabled students will be required to
      undergo an Oregon criminal records check.

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

          a.   Such checks are required by law and/or Board policy;
          b.   Any action resulting from those checks may be appealed as a contested case;
          c.   All employment or contract offers are contingent upon the results of such
                checks;
          d.   A refusal to consent to criminal records checks or fingerprinting or falsely
                stating on district employment application, contract or ODE fingerprint forms as
                to conviction of a crime shall result in immediate termination from employment
                or contract status.

2.   The district will provide notice through such means as employment applications and
       contract forms.

1. Any individual subject to criminal records checks and/or fingerprinting shall, as part of the application process, complete the appropriate forms as provided by ODE or the District.
2. If the individual is subject to fingerprinting, he/she will be required to report to an authorized fingerprinter for fingerprinting.  Fingerprints may be collected by one of the following:

a    District staff;
b.   Contracted agent of employing district;
c.   Local or state law enforcement agency.

Individuals shall be subject to fingerprinting only after acceptance of an offer of employment or contract.

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.

1.   Any individual required to submit to criminal records checks and/or fingerprinting in 
      accordance with law and/or Board policy may be terminated from consideration as a
      district volunteer and employment or contract status or withdrawal of offer of
      employment or contract will be made by the superintendent immediately 
      upon the following:

          a.  Refusal to consent to a criminal records check and/or fingerprinting; or
          b.  Notification by the Superintendent of Public Instruction or his/her designee or
               the State Board of Education that the employee has made a false statement as
               to conviction of a crime or conviction of crimes prohibiting employment with the
               district specified in law.

The following background check guidelines apply to Beaverton School District licensed and classified employees, substitutes, service providers and volunteers. In addition, Juvenile Offender checks apply to high school students working with middle, elementary or disabled students and middle school students working with elementary students in school-sponsored programs.

Anyone who has been convicted of the crimes listed in ORS 342.143 is ineligible to work or volunteer in the Beaverton School District. Those who have been convicted of lesser crimes will be considered on a case-by-case basis. For more information, please contact the Public Safety Office (503-356-4444).

¹ “Service provider” is defined as receiving at least one payment via the BSD Business Office. Examples include consultants, onsite independent contractors and casual labor for athletics, activities and seasonal employment.

 ² Law Enforcement Data System (LEDS) is an Oregon criminal history database.

NOTE:  Student teachers are background checked by their program before being sent to our schools.