Oregon Administrative Rules › Chapter 584 - TEACHER STANDARDS AND PRACTICES COMMISSION › Division 50 - COMMISSION SANCTION › Section 584-050-0100 - Fingerprinting of Subject Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions:
(a) "Applicant" means a subject individual
			 for whom fingerprint cards and other required information have been submitted
			 to the Commission for a criminal history check and review;
(b) "Conviction" means: For purposes of
			 criminal background checks pursuant to ORS
			 342.223 conducted in relation to individuals subject to such criminal background
			 verification, the following definitions of "conviction" of a crime applies:
(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 and generally refers to any felony or misdemeanor.
(B) Any adjudication in a juvenile
			 proceeding, in this state or in any other jurisdiction, determining that the
			 individual committed an offense, which if committed 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. A later court order or other action relieving the individual of
			 the sex offender registration/reporting requirement does not effect 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.
(E) A conviction
			 exists for purposes of this rule, regardless of whether 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.
(F) A conviction exists 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. A conviction does not exist where an Oregon court has expunged or
			 otherwise removed a conviction from the record of an individual.
(G) A conviction does not exist, except as
			 noted above, 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.
(c) "Fee" means the total charges for
			 processing each fingerprint card submitted. The fee amount shall be as
			 specified in OAR 584-200-0050.
(d)
			 "Information to be required" means all information requested by the Commission
			 for processing the fingerprint application, including the following:
(A) One properly completed FBI fingerprint
			 card;
(B) A properly completed TSPC
			 form for fingerprint handlers;
(C)
			 Certified court records of any arrests or criminal convictions; (See,
			 definition of "convictions," above;) and
(D) A full explanation of the circumstances
			 surrounding the arrest or conviction, signed and dated within the 30 days prior
			 to submission to the commission.
(e) "Initial Issuance of a school nurse
			 certificate" means: Any school nurse certificate if the applicant has not held
			 an active TSPC certificate within the previous three years from the date of the
			 application.
(f) "Initial Issuance
			 of a charter school registration" means: Any charter school registration if the
			 applicant has not held an active TSPC registration or license within the
			 previous three years from the date of the application.
(g) "Student Teaching, Practicum or
			 Internship" means: any placement of a student admitted to a commission-approved
			 educator preparation program in a public or private school, charter school or
			 other educational setting.
(h)
			 "Subject individual" means:
(A) A person who
			 is applying for initial issuance of a license under ORS
			 342.120 to
			 342.430 as a teacher, administrator or personnel specialist if the person has not
			 submitted to a criminal records check by the commission within the previous
			 three years.
(B) A person who is
			 applying for reinstatement of a license as a teacher, administrator or
			 personnel specialist whose license has lapsed for more than three years prior
			 to the date of application.
(C) A
			 person who is applying for initial issuance of a certificate under ORS
			 342.475 as a school nurse.
(D) A person who
			 is registering with the commission for student teaching, practicum or
			 internship as a teacher, administrator or personnel specialist, if the person
			 has not submitted to a criminal records check by the commission within the
			 previous three years for student teaching, practicum or internship as a
			 teacher, administrator or personnel specialist.
(E) A person who is applying for initial
			 issuance of a registration as a public charter school teacher or administrator
			 under ORS
			 342.125.