2015 ORS 339.374¹
Required background checks by education provider of applicant for position with education provider

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

(1) 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 the applicant’s current and former employers that are education providers to disclose the information requested under subsection (2) of this section.

(c) A written statement of whether the applicant:

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

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

(2) Conduct a review of the employment history of the applicant by contacting the three most recent employers of the applicant who are education providers and requesting:

(a) The following information:

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

(B) Whether the applicant was the subject of any substantiated reports of abuse or sexual conduct related to the applicant’s employment with the education provider;

(C) The dates of any substantiated reports;

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

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

(b) Any disciplinary records required to be released as provided by ORS 339.388 (Report of abuse or sexual conduct) (8).

(3) For an applicant who is licensed, registered or certified with the Teacher Standards and Practices Commission, access online information provided by the commission to verify:

(a) That the applicant is licensed, registered or certified by the commission; and

(b) Whether the commission has provided any information relating to conduct by the applicant that may constitute abuse or sexual conduct.

(4) 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). [2009 c.93 §7; 2012 c.92 §5; 2013 c.553 §3]


1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.