(1) Except as provided in ORS § 339.384, before an education provider may hire an applicant for a position with the education provider as a school employee, the education provider shall:

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(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 a commission licensee, request the commission to verify:

(A) That the applicant is a commission licensee; 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 a commission licensee, 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.

(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 a commission licensee, 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 a commission licensee, 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, 326.604 or 326.607. [2009 c.93 § 7; 2012 c.92 § 5; 2013 c.553 § 3; 2019 c.618 § 4; 2021 c.151 § 5]

[2005 c.367 § 3; 2007 c.233 § 1; 2009 c.93 § 4; renumbered 339.388 in 2009]

[2007 c.501 § 2; 2009 c.93 § 5; renumbered 339.400 in 2009]