ORS 339.374¹
Required background checks by education providers

(1) Except as provided in ORS 339.384 (Prohibitions and allowances related to hiring of applicant to be school employee), before an education provider may hire an applicant for a position with the education provider as a school employee, the education provider shall:

(a) Require the applicant to provide:

(A) A list of the applicant’s current and former employers who are education providers.

(B) A written authorization that authorizes education providers identified in subparagraph (A) of this paragraph to disclose the information requested under paragraph (b) of this subsection.

(C) A written statement of whether the applicant:

(i) Has been the subject of a substantiated report of abuse or sexual conduct; or

(ii) Is the subject of an ongoing investigation related to a report of suspected abuse or suspected sexual conduct.

(b) Conduct a review of the employment history of the applicant with education providers by contacting the three most recent education providers identified in paragraph (a)(A) of this subsection and requesting from each education provider:

(A) The dates of employment of the applicant by the education provider.

(B) Whether the education provider conducted an investigation and determined that the applicant was the subject of any substantiated reports of abuse or sexual conduct related to the applicant’s employment with the education provider and, if so, the following additional information:

(i) The dates of any substantiated reports;

(ii) The definitions of “abuse” and “sexual conduct” used by the education provider when the education provider determined that any reports were substantiated; and

(iii) The standards used by the education provider to determine whether any reports were substantiated.

(c) For an applicant who is licensed with the Teacher Standards and Practices Commission, request the commission to verify:

(A) That the applicant is licensed by the commission; and

(B) Whether the commission has an ongoing investigation or has a substantiated report relating to conduct by the applicant that may constitute sexual conduct.

(d) For an applicant who is not licensed with the Teacher Standards and Practices Commission, request the Department of Education to verify whether the department has an ongoing investigation or has a substantiated report relating to conduct by the applicant that may constitute sexual conduct.

(e) Conduct a nationwide criminal records check if required by ORS 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors).

(2) Before an education provider may accept the services of a contractor, agent or volunteer, the education provider shall:

(a) For a person who is licensed with the Teacher Standards and Practices Commission, request the commission to verify whether the commission has an ongoing investigation or has a substantiated report relating to conduct by the person that may constitute sexual conduct.

(b) For a person who is not licensed with the Teacher Standards and Practices Commission, request the Department of Education to verify whether the department has an ongoing investigation or has a substantiated report relating to conduct by the person that may constitute sexual conduct.

(c) Conduct any background checks required under ORS 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.604 (Authority of Department of Education to obtain fingerprints and criminal records check of employees) or 326.607 (Background check policy for volunteers). [2009 c.93 §7; 2012 c.92 §5; 2013 c.553 §3; 2019 c.618 §4]

1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information