Chapter 317 Oregon Laws 2001

AN ACT

SB 250

Relating to school personnel; creating new provisions; amending ORS 329.675, 329.700, 329.790, 329.795, 329.800, 329.805, 329.810, 329.815 and 329.820; repealing ORS 329.725; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 329.675 is amended to read:

329.675. As used in ORS 329.675 to 329.745 and 329.790 to 329.820:

(1) “Beginning administrator” means an administrator who:

(a) Is employed as an administrator by a school district; and

(b) Has been assigned for fewer than three successive school years as a licensed or acting administrator in any public, private or state-operated school.

[(1)] (2) “Beginning teacher” means a teacher who:

(a) Possesses a teaching license issued by the Teacher Standards and Practices Commission;

(b) Is employed at least half time, primarily as a classroom teacher, by a school district; and

(c) Has taught fewer than [90 consecutive days, or 180 days total,] three successive school years as a licensed probationary teacher in any public, private or state-operated school.

[(2) “Educational goals” means a set of goals for educational performance, as formulated by the 21st Century Schools Councils and local communities, and adopted by district school boards, according to provisions of ORS 329.675 to 329.745 and 329.790 to 329.820, to encourage greater accountability between schools and the community, and better to assess the effectiveness of educational programs, including the professional growth and career opportunity programs, described in ORS 329.675 to 329.745 and 329.790 to 329.820.]

[(3) “Index of teaching and learning conditions” means the system for the collection and analysis of relevant educational data by schools, districts and the state for the purpose of assessing the educational effectiveness of schools and programs.]

[(4)] (3) “Mentor [teacher]” means a teacher or administrator who:

(a) Possesses a teaching, personnel service or administrative license issued by the Teacher Standards and Practices Commission;

[(b) Is employed at the time of selection under contract primarily as a classroom teacher by a school district in this state;]

[(c)] (b) Has successfully [taught] served for three or more years as a licensed teacher or administrator in any public school;

[(d)] (c) Has been selected and trained as described in ORS 329.815; and

[(e)] (d) Has demonstrated mastery of the appropriate subject matter knowledge and teaching and administrative skills [and subject matter knowledge].

[(5)] (4) “[Support] Mentorship program” means a program provided by a mentor teacher or administrator to a beginning teacher or administrator that includes, but is not limited to, direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, development of school leadership skills and other assistance intended to [enhance the professional performance and development of] assist the beginning teacher or administrator to become a confident and competent professional educator who makes a positive impact on student learning.

SECTION 2. ORS 329.700 is amended to read:

329.700. (1) The State Board of Education shall appoint an Oregon 21st Century Schools Advisory Committee to propose rules for the submission and approval of grants and programs, including but not limited to rules for the Oregon 21st Century Schools Program under ORS 329.537 to 329.605, the School Improvement and Professional Development program under ORS 329.675 to 329.745 and the beginning teacher [support] and administrator mentorship program under ORS 329.790 to 329.820.

(2)(a) The advisory committee shall include teachers, who shall constitute a majority of the 15 members, and one member from each of the following groups, at least one of whom must be a member of a minority:

(A) School administrators;

(B) School board members;

(D) Classified district employees;

(E) Parents of children currently in prekindergarten through grade 12 of the public school system; and

(F) Members of the business and labor community.

(b) The board may appoint other citizens as considered appropriate by the board.

(3) The deadline for applications submitted by districts for the School Improvement and Professional Development program under ORS 329.675 to 329.745 and the [beginning teacher support] mentorship program under ORS 329.790 to 329.820 shall be April 1 preceding the school year for which they are proposed. The Department of Education shall review all applications and shall approve or reject them no later than June 1 preceding the school year for which they are proposed.

(4) Districts that qualify for 21st Century Schools grants under ORS 329.537 to 329.605, School Improvement and Professional Development program grants under ORS 329.675 to 329.745 and [beginning teacher support] mentorship program grants under ORS 329.790 to 329.820 shall receive up to [$1,000] $3,000 per year for every full-time equivalent [teacher] beginning teacher and administrator deemed eligible for this program.

(5) Subject to ORS 291.232 to 291.260, the Superintendent of Public Instruction shall distribute grants-in-aid to eligible school districts so that at least three-quarters of the allocation due to each eligible district is received no later than February 1 of each fiscal year and the remainder when all required reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year.

SECTION 3. ORS 329.790 is amended to read:

329.790. The Legislative Assembly finds that:

(1) The quality of teaching and administration in the public schools is of vital importance to the future of this state;

(2) This state has a special interest in [insuring] ensuring that the induction of beginning teachers and administrators into their profession [is conducive to] enhances their professional growth and development by making a positive impact on student learning; and

(3) The formal assignment of [mentor teachers] mentors who have demonstrated [mastery of teaching skills and subject matter knowledge] the appropriate subject matter knowledge and teaching and administrative skills should substantially improve the induction and professional growth of beginning teachers and administrators in this state, as well as provide [mentor teachers] mentors with additional and valuable opportunities to enhance their own professional growth.

SECTION 4. ORS 329.795 is amended to read:

329.795. (1) The State Board of Education shall establish a beginning teacher [support] and administrator mentorship program to provide eligible beginning teachers and administrators in this state with a continued and sustained [support] mentorship program from a formally assigned mentor teacher or administrator.

(2) Any district is eligible to participate in the [beginning teacher support] mentorship program.

(3) Two or more school districts may operate jointly a [beginning teacher support] mentorship program if they meet all the requirements of ORS 329.790 to 329.820.

(4) Educational consortia established for approved teacher or administrator education credentialing programs pursuant to rules of the Teacher Standards and Practices Commission are eligible to operate a [beginning teacher support] mentorship program to serve beginning teachers and administrators in a participating school district if:

(a) All moneys received as grants-in-aid for the [beginning teacher support] mentorship program are administered by the participating school district to provide direct services to beginning teachers and administrators; and

(b) All other requirements of ORS 329.790 to 329.820 are met.

(5) To the extent practicable, school districts may coordinate with institutions of higher education in the design, implementation and evaluation of mentorship programs.

(6) All programs in ORS 329.790 to 329.820 are subject to the availability of funds appropriated therefor.

SECTION 5. (1) The amendments to ORS 329.795 by section 4 of this 2001 Act are intended to change the name of the beginning teacher support program to the beginning teacher and administrator mentorship program.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the beginning teacher support program, wherever they occur in Oregon Revised Statutes, other words designating the beginning teacher and administrator mentorship program.

SECTION 6. ORS 329.800 is amended to read:

329.800. (1) Each school district that wishes to participate in the beginning teacher [support] and administrator mentorship program shall submit a formal application to the Department of Education [no later than October 1 of each school year, according to rules of the State Board of Education. By that date, districts shall inform the department of:]. The application shall include:

(a) The names of all eligible beginning teachers and administrators employed by the school district and a description of their [teaching] assignments and extracurricular duties;

(b) The names of [mentor teachers] mentors selected by a school district and a description of their [teaching] assignments and the [indorsement] endorsement area in which they are licensed [to teach]; and

(c) A description of the [content and calendar of the] proposed [beginning teacher support] mentorship program[. The program], which must provide a minimum of 90 hours of direct contact between [mentor teachers] the mentors and beginning teachers and administrators, including observation of or assistance with [classroom teaching, or both, during the school day; and] assigned duties.

[(d) A description of the amount and nature of each eligible beginning teacher’s classroom and extracurricular duties and assurance that these duties are not unreasonable for a beginning teacher.]

(2) The school district shall certify in the application that no eligible beginning [teacher is] professional educators are or may be [misassigned outside the teacher’s indorsement area] under a conditional license, except as provided in rules of the Teacher Standards and Practices Commission.

SECTION 7. ORS 329.805 is amended to read:

329.805. (1) Subject to ORS 291.232 to 291.260, the [Superintendent of Public Instruction] Department of Education shall distribute grants-in-aid to [eligible] qualifying school districts to offset the costs of beginning teacher and administrator [support] mentorship programs. A qualifying district shall receive annually up to $3,000 for each full-time equivalent beginning teacher and administrator approved for support.

[(2) The Superintendent of Public Instruction shall distribute at least three-fourths of the allocation due to each eligible district no later than February 1 of each fiscal year and the remainder when all required final reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year.]

[(3)] (2) If the funds are insufficient for all eligible proposals, the Department of Education shall award grants on a competitive basis, taking into consideration [school district size and] geographic [location] and demographic diversity.

[(4) Notwithstanding ORS 329.800 (1)(a), if a participating district hires a beginning teacher after its program has been approved, the district shall be eligible to receive, for each beginning teacher in addition to those named in the application, a per teacher grant-in-aid that is prorated to the remaining length of the school year, if all other requirements of ORS 329.790 to 329.820 are met, and if funds are available.]

[(5)] (3) The State Board of Education may adopt such rules as it considers appropriate for the distribution of grants-in-aid under this section.

[(6)] (4) A district that is determined by the Department of Education to be in violation of one or more of the requirements of ORS 329.790 to 329.820 may be required to refund all grants-in-aid moneys distributed under ORS 329.790 to 329.820. The amount of penalty shall be determined by the State Board of Education.

SECTION 8. ORS 329.810 is amended to read:

329.810. After consulting with representatives of teachers, administrators, school boards, schools of education, the Teaching Research Division of the State System of Higher Education and such others as it considers appropriate, the Department of Education shall develop or approve workshops to provide training for [mentor teachers] mentors and beginning teachers and administrators in programs [eligible] qualifying for grants-in-aid under ORS 329.790 to 329.820.

SECTION 9. ORS 329.815 is amended to read:

329.815. The selection, nature and extent of duties of mentor teachers and administrators shall be determined by the school district. The following guidelines shall apply:

(1) [No] A teacher or administrator [shall] may not be designated as a mentor [teacher] unless willing to perform in that role;

(2) [No mentor teacher shall participate in the evaluation of beginning teachers] For purposes of actions taken under ORS 342.805 to 342.937:

(a) A mentor teacher or administrator may not participate in the evaluation of a beginning teacher or administrator assigned to the mentor; and

(b) Any written or other reports of a mentor regarding a beginning teacher or administrator assigned to the mentor may not be used in the evaluation of the beginning teacher or administrator;

(3) Each mentor [teacher] shall complete successfully a training workshop provided or approved by the Department of Education while participating in the beginning teacher and administrator mentorship [support] program; and

(4) The stipend received for each beginning teacher or administrator may be used by the school district to compensate [teachers who act as mentor teachers] mentors in addition to their regular duties or to compensate other individuals assigned duties to provide release time for teachers or administrators acting as [mentor teachers; and] mentors.

[(5) If a mentor teacher receives additional release time to support a beginning teacher, it is expected that the total workload of other teachers regularly employed by the school district should not increase in any substantial manner.]

SECTION 10. ORS 329.820 is amended to read:

329.820. The Department of Education shall be responsible for the regular and ongoing evaluation of programs under ORS 329.790 to 329.820 and may contract for such evaluation. The evaluation shall include, but not be limited to, assessments of the following:

(1) A survey and follow-up of all eligible [mentor teachers] mentors, [and] beginning teachers and administrators and appropriate school district officials, to assess satisfaction with and the effectiveness of the beginning teacher [support] and administrator mentorship program;

(2) The amount and quality of the contact time between [mentor teachers] mentors and beginning teachers and administrators;

(3) The effectiveness of workshops and other training [required under ORS 329.790 to 329.820];

(4) The effectiveness of the [mentor] mentorship program in [enhancing the professional development and] the retention of new teachers and administrators in the school district;

(5) The desirability of extending this assistance program to students participating in [graduate level] teacher and administrator preparation programs [similar to those which have been proposed by the Department of Higher Education]; and

(6) [The desirability of extending this assistance program to all probationary teachers] Student performance on statewide and other assessments.

SECTION 11. ORS 329.725 is repealed.

SECTION 12. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 5, 2001

Filed in the office of Secretary of State June 5, 2001

Effective date July 1, 2001

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