Background check policy for volunteers; authority of school districts and schools to obtain criminal records check of volunteers and applicants for employment; fee

(1)(a) If a school district or public charter school allows volunteers to have direct, unsupervised contact with school children, the school district board or public charter school governing body must adopt and implement a policy that requires those volunteers to undergo a background check. (b) If a private school allows volunteers to have direct, unsupervised contact with school children, the governing body of the private school may adopt and implement a policy that requires those volunteers to undergo a background check. (2) Upon request from a school district, a private school or a public charter school or a school district, private school or public charter school contractor and with consent from the individual, the Department of Education may conduct: (a) An Oregon criminal records check using the Law Enforcement Data System for screening an individual who is a volunteer for the school district, private school or public charter school and who has direct, unsupervised contact with school children, or for screening applicants for employment. (b) A state or nationwide criminal records check under ORS 181A.195 for screening an individual who is a volunteer for the school district, private school or public charter school and who has direct, unsupervised contact with school children, or for screening applicants for employment. (3) The department may charge the requesting school district, private school, public charter school or school district, private school or public charter school contractor a fee not to exceed: (a) $5 for each request made under subsection (2) of this section for an Oregon criminal records check using the Law Enforcement Data System. (b) The fee established by rule under ORS 181A.195 for each request made under subsection (2) of this section for a state or national criminal records check under ORS 181A.195.