Authority of Department of Education to obtain fingerprints and criminal records check of employees

(1) As used in this section, “care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, youth or persons with disabilities. (2) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Education may require the fingerprints of a person who: (a)(A) Is employed or applying for employment by the department; or (B) Provides services or seeks to provide services to the department as a contractor, subcontractor, vendor or volunteer; and (b) Is, or will be, working or providing services in a position: (A) In which the person may have unsupervised access to children; (B) In which the person may have contact with recipients of care; (C) In which the person has access to confidential or personal information about children, as may be further defined by the State Board of Education by rule; (D) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (E) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; (F) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the department; (G) That has mailroom duties as the primary duty or job function of the position; (H) In which the person has responsibility for auditing the department; (I) That has personnel or human resources functions as one of the position’s primary responsibilities; or (J) In which the person has access to personal information about employees or members of the public, including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information. (3) In addition to the authority granted by subsection (2) of this section and for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Education may require the fingerprints of a person for the purposes of licensing, certifying, registering or otherwise regulating or administering programs under the authority of the department. (4) The Department of Education, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, may make fitness determinations based on criminal offender records and information furnished by the Federal Bureau of Investigation through the Department of State Police as provided by ORS 181A.195.