71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3611
 
                         House Bill 2003
 
Sponsored by Representatives MINNIS, SIMMONS; Representatives
  BACKLUND, BARNHART, HOPSON, MORRISETTE, WESTLUND
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Directs Teacher Standards and Practices Commission to establish
American Indian languages teaching license. Allows American
Indian tribes to develop language test used for licensure.
 
                        A BILL FOR AN ACT
Relating to teacher licensure; creating new provisions; and
  amending ORS 342.120 and 342.815.
  Whereas Native American languages of Oregon are vital and
irreplaceable elements of our region's heritage and culture; and
  Whereas several of these languages are now extinct, and several
more are in danger of going extinct, including Wasco and Walla
Walla; and
  Whereas American Indian student achievement and performance is
directly tied to respect for American Indian culture and support
of their native languages; and
  Whereas the loss of native languages irreparably harms Native
American culture and understanding of ancient ways, and the
citizens of Oregon should not suffer this loss; and
  Whereas the American Indian tribes of Oregon are working to
preserve their languages, and the State of Oregon should assist
them in this effort for the benefit of all Oregonians; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 342.120 to 342.173. + }
  SECTION 2.  { + (1) As used in this section, 'American Indian
tribe' means an Indian tribe that is a federally recognized
Indian tribe in Oregon.
  (2) The Teacher Standards and Practices Commission shall
establish an American Indian languages teaching license.
  (3) Each American Indian tribe may develop a written and oral
test that must be successfully completed by an applicant for an
American Indian languages teaching license in order to determine
whether the applicant is qualified to teach the tribe's native
language. When developing the test, the tribe shall determine:
  (a) Which dialects will be used on the test;
  (b) Whether the tribe will standardize the tribe's writing
system; and
  (c) How the teaching methods will be evaluated in the
classroom.
  (4) The test shall be administered at a community college or
state institution of higher education.
  (5) The commission may not require an applicant to hold a
specific academic degree, to complete a specific amount of
education or to complete a teacher education program to receive
an American Indian languages teaching license.
  (6)(a) An American Indian languages teaching license qualifies
the holder to accept a teaching position in a school district,
public charter school or education service district.
  (b) A holder of an American Indian languages teaching license
who does not also have a teaching license issued under ORS
342.125 may not teach in a school district or education service
district any subject other than the American Indian language the
holder is approved to teach by the commission.
  (c) A holder of an American Indian languages teaching license
who does not also have a teaching license or registration issued
under ORS 342.125 may not teach in a public charter school any
subject other than the American Indian language the holder is
approved to teach by the commission.
  (7) An American Indian languages teaching license shall be
valid for three years and may be renewed upon application from
the holder of the license. + }
  SECTION 3.  { + The Teacher Standards and Practices Commission
shall first make the American Indian languages teaching license
available to applicants who will teach during the 2002-2003
school year. + }
  SECTION 4. ORS 342.120 is amended to read:
  342.120. As used in this chapter, unless the context requires
otherwise:
  (1) 'Administrator' includes all superintendents, assistant
superintendents and principals in the public schools or education
service districts.
  (2) 'Approved teacher education institution' is one which meets
the standards of the Teacher Standards and Practices Commission
for preparation of teachers for preprimary programs and grades 1
through 12.
  (3) 'Approved teacher education program' is one offered by an
approved teacher education institution and is so recognized by
the Teacher Standards and Practices Commission, after considering
recommendations of the State Board of Education.
  (4) 'Commission' means the Teacher Standards and Practices
Commission.
  (5) 'Educational assistant' means a classified school employee
who does not require a license to teach, who is employed by a
school district or education service district and whose
assignment consists of and is limited to assisting a licensed
teacher in accordance with rules established by the State Board
of Education.
  (6) 'Instruction' includes direction of learning in class, in
small groups, in individual situations, in the library and in
guidance and counseling, but does not include the provision of
related services, as defined in ORS 343.035, to a child
identified as a child with disabilities pursuant to ORS 343.146
to 343.183 when provided in accordance with ORS 343.221.
  (7) 'Intern teacher' means a regularly enrolled student of an
approved teacher education institution who teaches under the
supervision of the staff of the institution and of the employing
school district in order to acquire practical experience in
teaching and for which the student receives both academic credit
from the institution and financial compensation from the school
district or education service district.
  (8) 'State board' means the State Board of Education.
  (9) 'Teacher' includes all licensed employees in the public
schools or employed by an education service district who have
direct responsibility for instruction, coordination of
educational programs or supervision or evaluation of teachers and
who are compensated for their services from public funds.
'Teacher' does not include a school nurse as defined in ORS
342.455.
  (10) 'Teaching license' means a license issued under ORS
342.125 { +  or section 2 of this 2001 Act + }.
  SECTION 5. ORS 342.815 is amended to read:
  342.815. As used in ORS 342.805 to 342.937 unless the context
requires otherwise:
  (1) Notwithstanding ORS 342.120, 'administrator' includes any
teacher the majority of whose employed time is devoted to service
as a supervisor, principal, vice principal or director of a
department or the equivalent in a fair dismissal district but
shall not include the superintendent, deputy superintendent or
assistant superintendent of any such district or any substitute
or temporary teacher employed by such a district.
  (2) 'Board' means the board of directors of a fair dismissal
school district.
  (3) 'Contract teacher' means any teacher who has been regularly
employed by a school district for a probationary period of three
successive school years, and who has been retained for the next
succeeding school year. The district school board may enter into
agreements that provide for a shorter probationary period of not
less than one year for teachers who have satisfied the three-year
probationary period in another Oregon school district.
  (4) 'District superintendent' means the superintendent of
schools of a fair dismissal district or, in the absence of the
superintendent, the person designated to fulfill the
superintendent's functions.
  (5) 'Fair dismissal district' means any common or union high
school district or education service district.
  (6) 'Probationary teacher' means any teacher employed by a fair
dismissal district who is not a contract teacher.
  (7) 'Program of assistance for improvement' means a written
plan for a contract teacher that with reasonable specificity:
  (a) Helps teachers adapt and improve to meet changing demands
of the Oregon Educational Act for the 21st Century in ORS chapter
329 if applicable.
  (b) Identifies specific deficiencies in the contract teacher's
conduct or performance.
  (c) Sets forth corrective steps the contract teacher may pursue
to overcome or correct the deficiencies.
  (d) Establishes the assessment techniques by which the district
will measure and determine whether the teacher has sufficiently
corrected the deficiencies to meet district standards.
  (8) 'Substitute teacher' means any teacher who is employed to
take the place of a probationary or contract teacher who is
temporarily absent.
  (9) Notwithstanding ORS 342.120, 'teacher' means any person who
holds a   { - teacher's - }   { + teaching + } license or
registration as provided in ORS 342.125  { + or section 2 of this
2001 Act + } or who is otherwise authorized to teach in the
public schools of this state and who is employed half time or
more as an instructor or administrator.
  (10) 'Temporary teacher' means a teacher employed to fill a
position designated as temporary or experimental or to fill a
vacancy which occurs after the opening of school because of
unanticipated enrollment or because of the death, disability,
retirement, resignation, contract non-extension or dismissal of a
contract or probationary teacher.
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