72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2284
Senate Bill 340
Sponsored by Senator BEYER
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.
Repeals requirement that person employed as administrator by
school district must hold license issued by Teacher Standards and
Practices Commission.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to education; creating new provisions; amending ORS
181.525, 181.539, 329.007, 329.675, 329.795, 332.544, 332.554,
334.225, 338.135, 342.121, 342.122, 342.125, 342.130, 342.136,
342.138, 342.143, 342.144, 342.173, 342.175, 342.177, 342.180,
342.203, 342.227 and 342.360; repealing ORS 342.140 and
342.200; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.525 is amended to read:
181.525. Whenever any court or district attorney receives a
disposition report and the court or district attorney has cause
to believe that the arrested person who is the subject of the
report is an employee of a school district or is licensed as a
school teacher { - or administrator - } and that the charge
involves a violation of any crime listed in ORS 342.143 (3) or
342.175 (2), the court or district attorney shall cause the
Teacher Standards and Practices Commission and the Department of
Education to be sent a copy of the completed disposition report.
SECTION 2. ORS 181.539 is amended to read:
181.539. (1) Upon the request of the Teacher Standards and
Practices Commission, the Department of Education or the Oregon
Military Department, the Department of State Police shall furnish
to the authorized staff of the Teacher Standards and Practices
Commission, the Department of Education or the Oregon Military
Department, whichever is appropriate, such information on a
subject individual as the Department of State Police may have in
its possession from its central bureau of criminal
identification, including but not limited to manual or
computerized criminal offender information.
(2)(a) Subsequent to furnishing the information required under
subsection (1) of this section, the Department of State Police
shall conduct nationwide criminal records checks of the subject
individual through the Federal Bureau of Investigation by use of
the subject individual's fingerprints and shall report the
results to the staff of the requesting agency, who must be
specifically authorized to receive the information.
(b) The Federal Bureau of Investigation shall either return or
destroy the fingerprint cards used to conduct the criminal
records check and shall not keep any record of the fingerprints.
However, if the federal bureau policy authorizing return or
destruction of the fingerprint cards is changed, the department
shall cease to send the cards to the federal bureau but shall
continue to process the information through other available
resources.
(c) If the Federal Bureau of Investigation returns the
fingerprint cards to the Department of State Police, the
department shall return the fingerprint cards to the requesting
agency. Upon receiving fingerprint cards under this paragraph,
the requesting agency shall destroy the fingerprint cards and
shall retain no facsimiles or other material from which a
fingerprint can be reproduced.
(3) For purposes of requesting and receiving the information
and data described in subsections (1) and (2) of this section,
the Teacher Standards and Practices Commission, the Department of
Education and the Oregon Military Department are designated
agencies for purposes of ORS 181.010 to 181.560 and 181.715 to
181.730.
(4) Nothing in this section shall be considered to require a
subject individual as described in subsection (5)(d)(D), (E) or
(I) of this section to submit to fingerprinting until the
individual has been offered employment or a contract by a school
district or private school. Contractor employees shall not be
required to submit to fingerprinting until the contractor has
been offered a contract.
(5) As used in this section:
(a) 'Private school' means a school that provides educational
services as defined in ORS 345.505 and is registered as a private
school under ORS 345.505 to 345.575.
(b) 'Requesting agency' means whichever agency requested the
criminal offender information under subsection (1) of this
section.
(c) 'School district' means:
(A) A school district as defined in ORS 330.003.
(B) The Oregon State School for the Blind.
(C) The Oregon State School for the Deaf.
(D) An educational program under the Youth Corrections
Education Program.
(E) A public charter school as defined in ORS 338.005.
(F) An education service district.
(d) 'Subject individual,' for purposes of requests made by the
Teacher Standards and Practices Commission or the Department of
Education, means:
(A) An individual who is applying for initial issuance of a
license under ORS 342.120 to 342.430 as a teacher { - ,
administrator - } or personnel specialist if the individual has
not submitted to a criminal records check within the previous
year with the Teacher Standards and Practices Commission.
(B) An individual who is applying for reinstatement of a
license as a teacher { - , administrator - } or personnel
specialist whose license has lapsed for at least three years.
(C) An individual who is applying for initial issuance of a
certificate under ORS 342.475 as a school nurse.
(D) A school district or private school contractor, whether
part-time or full-time, or an employee thereof, whether part-time
or full-time, who has direct, unsupervised contact with students
as determined by the district or private school.
(E) An individual newly hired, whether part-time or full-time,
by a school district or private school in a capacity not
described in subparagraphs (A) to (C) of this paragraph who has
direct, unsupervised contact with children as determined by the
district or private school.
(F) An individual employee, whether part-time or full-time, of
a school district or private school in a capacity not described
in subparagraphs (A) to (C) of this paragraph who has direct,
unsupervised contact with children as determined by the district
or private school.
(G) An individual who is registering with the Teacher Standards
and Practices Commission for student teaching, practicum or
internship as a teacher { - , administrator - } or personnel
specialist, if the individual has not submitted to a criminal
records check within the previous year with the Teacher Standards
and Practices Commission for student teaching, practicum or
internship as a teacher { - , administrator - } or personnel
specialist.
(H) An individual who is a community college faculty member
providing instruction at a kindergarten through grade 12 school
site during the regular school day.
(I) An individual who is an employee of a public charter
school.
(J) An individual who is applying for initial issuance of a
registration as a public charter school teacher under ORS
342.125.
(e) 'Subject individual' does not include an individual
described in paragraph (d)(D), (E), (F), (H) or (I) of this
subsection if the individual or the individual's employer was
checked in one school district or private school and is currently
seeking to work in another district or private school unless the
individual lived outside this state during the interval between
the two periods of time of working in the district or private
school.
(f) 'Subject individual,' for purposes of requests made by the
Oregon Military Department, means an individual who is applying
for or is employed in a position in a job category for which a
statewide and nationwide criminal records check is a job
qualifier and in which personnel:
(A) Are assigned to the at-risk youth alternative education
program;
(B) Are issued firearms and munitions;
(C) Have fiscal and purchasing responsibilities as their
primary responsibilities; or
(D) Have regular access to restricted areas within a military
installation.
SECTION 3. ORS 329.007 is amended to read:
329.007. As used in this chapter, unless the context requires
otherwise:
(1) 'Academic content standards' or 'academic standards ' means
expectations of student knowledge and skills in identified
content areas adopted by the State Board of Education under ORS
329.045.
(2) 'Administrator' { - includes all persons whose duties
require an administrative license - } { + means a
superintendent, assistant superintendent or principal + }.
(3) 'Board' or 'state board' means the State Board of
Education.
(4) 'Community learning center' means a school-based or
school-linked program providing informal meeting places and
coordination for community activities, adult education, child
care, information and referral and other services as described in
ORS 329.157. 'Community learning center' includes, but is not
limited to, a community school program as defined in ORS 336.505,
family resource centers as described in ORS 417.725, full service
schools, lighted schools and 21st century community learning
centers.
(5) 'Content areas' includes mathematics, science, history,
geography, economics, civics, English, second languages, the arts
and physical education. English includes, but is not limited to,
reading and writing. The arts include, but are not limited to,
literary arts, performing arts and visual arts. History,
geography, economics and civics include, but are not limited to,
Oregon Studies.
(6) 'Department' means the Department of Education.
(7) 'District planning committee' means a committee composed of
teachers, administrators and public members established for the
purposes of ORS 329.537 to 329.605.
(8) 'Oregon Studies' means history, geography, economics and
civics specific to the State of Oregon. Oregon Studies
instruction in Oregon government shall include municipal, county,
tribal and state government, as well as the electoral and
legislative processes.
(9) 'Parents' means parents or guardians of students who are
covered by this chapter.
(10) 'School district' means a school district as defined in
ORS 332.002, an education service district, a state-operated
school or any legally constituted combination of such entities.
(11) 'School Improvement and Professional Development program'
means a formal plan submitted by a school district and approved
by the Department of Education according to criteria specified in
ORS 329.675 to 329.745 and 329.790 to 329.820.
(12) 'Second languages' means any foreign language or American
Sign Language.
(13) 'Teacher' means any licensed employee of a school district
who has direct responsibility for instruction, coordination of
educational programs or supervision of students and who is
compensated for such services from public funds. ' Teacher' does
not include a school nurse, as defined in ORS 342.455, or { - a
person whose duties require an administrative license - } { +
an administrator + }.
(14) '21st Century Schools Council' means a council established
pursuant to ORS 329.704.
(15) 'Work-related learning experiences' means opportunities in
which all students may participate in high quality programs that
provide industry related and subject matter related learning
experiences that prepare students for further education, future
employment and lifelong learning.
SECTION 4. 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 - } { + an + }
administrator in any public, private or state-operated school.
(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 three successive school years as a
licensed probationary teacher in any public, private or
state-operated school.
(3) 'Mentor' means { + :
(a) + } A teacher { - or administrator - } who:
{ - (a) - } { + (A) + } Possesses a teaching { - , - }
{ + or + } personnel service { - or administrative - }
license issued by the Teacher Standards and Practices Commission;
{ - (b) - } { + (B) + } Has successfully served for three
or more years as a licensed teacher { - or administrator - }
in any public school;
{ - (c) - } { + (C) + } Has been selected and trained as
described in ORS 329.815; and
{ - (d) - } { + (D) + } Has demonstrated mastery of the
appropriate subject matter knowledge and teaching { - and
administrative - } skills.
{ + (b) An administrator who:
(A) Has successfully served for three or more years as an
administrator in any public school;
(B) Has been selected and trained as described in ORS 329.815;
and
(C) Has demonstrated mastery of the appropriate subject matter
knowledge and administrative skills. + }
(4) '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 assist the beginning teacher or
administrator to become a confident and competent professional
educator who makes a positive impact on student learning.
SECTION 5. ORS 329.795 is amended to read:
329.795. (1) The State Board of Education shall establish a
beginning teacher and administrator mentorship program to provide
eligible beginning teachers and administrators in this state with
a continued and sustained mentorship program from a formally
assigned mentor teacher or administrator.
(2) Any district is eligible to participate in the mentorship
program.
(3) Two or more school districts may operate jointly a
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 mentorship program to serve
beginning teachers and administrators in a participating school
district if:
(a) All moneys received as grants-in-aid for the 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 6. ORS 332.544 is amended to read:
332.544. (1) As used in this section { - , - } { + :
(a) + } 'Classified school employee' includes all employees of
a public school district { - except those - } { + .
(b) 'Classified school employee' does not include:
(A) A person + } for whom a teaching { - or
administrative - } license is required as a basis for employment
in a { - public - } school district { + ; or
(B) An administrator + }.
(2) A classified school employee who has been demoted or
dismissed shall be entitled to a hearing before the school board
if a written request is filed with the board within 15 days of
the dismissal or demotion.
(3) School district employees subject to the civil service
provisions of ORS chapter 242 are exempt from the provisions of
this section.
SECTION 7. ORS 332.554 is amended to read:
332.554. (1) Each school district shall give an individual,
written notice of reasonable assurance of continued employment to
all classified school employees who are to perform services in
the same or a similar capacity during a subsequent academic year
or term or in the period immediately following a recess period.
Such notice shall be given by May 30 of each year for employees
employed as of that date and as of the date of hire for employees
employed subsequent to May 30.
(2) No liability shall accrue from failure to give the notice
required by subsection (1) of this section or from the timing or
contents thereof on the part of the school district. However, the
State Board of Education shall enforce the provisions of
subsection (1) of this section.
(3) As used in this section { - , - } { + :
(a) + } 'Classified school employee' includes all employees of
a public school district { - except those - } { + .
(b) 'Classified school employee' does not include:
(A) A person + }for whom a teaching { - or
administrative - } license is required as a basis for employment
in a { - public - } school district { + ; or
(B) An administrator + }.
SECTION 8. ORS 334.225 is amended to read:
334.225. (1) The education service district board shall employ
a superintendent { - who must hold an administrative license as
a superintendent. The superintendent shall - } { + to + } serve
as the board's executive officer, give an official bond or an
irrevocable letter of credit issued by an insured institution, as
defined in ORS 706.008, and have the duties prescribed by the
board and the laws of this state. The board shall fix the term
and compensation of the superintendent, provide office room for
the superintendent and allow all of the superintendent's
necessary traveling expenses.
(2) The education service district board shall designate the
superintendent as the district clerk. The board may appoint
qualified persons as deputies to the superintendent to perform
the duties required of the district clerk by law or by the board.
SECTION 9. ORS 338.135 is amended to read:
338.135. (1) Employee assignment to a public charter school
shall be voluntary.
(2) A public charter school or the sponsor of the public
charter school may be considered the employer of any employees of
the public charter school. If a school district board is not the
sponsor of the public charter school, the school district board
shall not be the employer of the employees of the public charter
school and the school district board may not collectively bargain
with the employees of the public charter school. The public
charter school governing body shall control the selection of
employees at the public charter school.
(3) The school district board of the school district within
which the public charter school is located shall grant a leave of
absence to any employee who chooses to work in the public charter
school. The length and terms of the leave of absence shall be set
by negotiated agreement or by board policy. However, the length
of the leave of absence may not be less than two years unless:
(a) The charter of the public charter school is terminated or
the public charter school is dissolved or closed during the leave
of absence; or
(b) The employee and the school district board have mutually
agreed to a different length of time.
(4) An employee of a public charter school operating within a
school district who is granted a leave of absence from the school
district and returns to employment with the school district shall
retain seniority and benefits as an employee pursuant to the
terms of the leave of absence. Notwithstanding ORS 243.650 to
243.782, a school district that was the employer of an employee
of a public charter school not operating within the school
district may make provisions for the return of the employee to
employment with the school district.
(5) For purposes of ORS chapter 238, a public charter school
shall be considered a public employer and as such shall
participate in the Public Employees Retirement System.
(6) For teacher licensing, employment experience in public
charter schools shall be considered equivalent to experience in
public schools.
{ - (7)(a) Notwithstanding ORS 342.173, a public charter
school may employ as an administrator a person who is not
licensed by the Teacher Standards and Practices Commission. - }
{ - (b) - } { + (7)(a) + } Any person employed as a teacher
in a public charter school shall be licensed or registered to
teach by the Teacher Standards and Practices Commission.
{ - (c) - } { + (b) + } Notwithstanding paragraph (a)
{ - or (b) - } of this subsection, at least one-half of the
total full-time equivalent (FTE) teaching { - and
administrative - } staff at the public charter school shall be
licensed by the commission pursuant to ORS 342.135, 342.136
{ - , - } { + or + } 342.138 { - or 342.140 - } .
(8) Notwithstanding ORS 243.650, a public charter school shall
be considered a school district for purposes of ORS 243.650 to
243.782. An employee of a public charter school may be a member
of a labor organization or organize with other employees to
bargain collectively. Bargaining units at the public charter
school may be separate from other bargaining units of the sponsor
or of the school district in which the public charter school is
located. Employees of a public charter school may be part of the
bargaining units of the sponsor or of the school district in
which the public charter school is located.
(9) A school district or the State Board of Education may not
waive the right to sponsor a public charter school in a
collective bargaining agreement.
SECTION 10. ORS 342.121 is amended to read:
342.121. (1) The Teacher Standards and Practices Commission
shall issue licenses to teachers { - and administrators - }
who possess the minimum competencies, knowledge and skills to
teach { - and administer - } in the public schools of the
state.
(2) In addition to a teaching { - or administrative - }
license, a person may obtain certification, indicating a higher
degree of competency, knowledge and skill based on work
experience and advanced study, from a professional organization
of teachers { - or administrators - } , either on the state or
national level. However, a teaching certificate { - or
administrative certificate shall - } { + is + } not
{ - be - } required to teach { - or administer - } in a
public school of this state.
SECTION 11. ORS 342.122 is amended to read:
342.122. (1) There is created the Professional Organizations
Certification Fund, separate and distinct from the General Fund.
Interest earned on moneys in the Professional Organizations
Certification Fund shall be credited to the fund.
(2) The Teacher Standards and Practices Commission may accept
from any source any grant, donation or gift of money or other
valuable thing made to the commission for purposes of the
Professional Organizations Certification Fund.
(3) Moneys credited to the Professional Organizations
Certification Fund are continuously appropriated to the
commission for the purposes of advanced certifications of
teachers { - and administrators - } in accordance with ORS
342.121 (2). The commission may draw checks or orders upon the
State Treasurer in making disbursements from the Professional
Organizations Certification Fund for the purposes stated in this
subsection.
SECTION 12. ORS 342.125 is amended to read:
342.125. (1) Teaching licenses shall be issued and renewed by
the Teacher Standards and Practices Commission by the authority
of the State of Oregon, subject to ORS 342.120 to 342.430 and the
rules of the commission.
(2) Subject to subsection (4) of this section, teaching
licenses shall be of the following types:
(a) Basic teaching license.
(b) Standard teaching license.
{ - (c) Administrative license. - }
{ - (d) - } { + (c) + } Restricted teaching license.
(3) Subject to ORS 342.130 and to subsection (4) of this
section and in addition to the teaching licenses described in
subsection (2) of this section, licenses shall be of the
following types:
(a) Initial teaching license.
(b) Continuing teaching license.
(c) Initial personnel service license.
(d) Continuing personnel service license.
{ - (e) Initial administrative license. - }
{ - (f) Continuing administrative license. - }
(4) The Teacher Standards and Practices Commission may
establish such other types of teaching licenses as it considers
necessary for operation of the public schools of the state and
may prescribe the qualifications for such licenses. However,
{ - no - } { + a + } license established under the authority
of this subsection { - shall - } { + may not + } be required
for { + an administrator position or + } a regular classroom
teaching position in the public schools.
(5)(a) The Teacher Standards and Practices Commission shall
establish a public charter school teacher registry. The
commission shall require the applicant and the public charter
school to jointly submit an application requesting registration
as a public charter school teacher. The application shall
include:
(A) A description of the specific teaching position the
applicant will fill;
(B) A description of the background of the applicant that is
relevant to the teaching position, including any post-secondary
education or other experience; and
(C) Documentation as required by the commission for the
purposes of conducting a background check through the Law
Enforcement Data System, the Federal Bureau of Investigation and
an interstate clearinghouse of revoked and suspended licenses.
(b) Subject to the results of the background check, the
commission shall approve the application for registration. The
commission may deny a request for registration only on the basis
of the background check through the Law Enforcement Data System,
the Federal Bureau of Investigation or an interstate
clearinghouse of revoked and suspended licenses. The registration
shall be valid for three years and may be renewed upon joint
application from the teacher and the public charter school.
(c) A registration as a public charter school teacher shall
qualify its holder to accept the teaching position described in
the application in the public charter school that submitted the
application with the holder of the registration.
(6) The Teacher Standards and Practices Commission shall adopt
an expedited process for the issuance of any license established
pursuant to this section. The process may require a school
district superintendent or school district board and the
applicant to jointly submit an application requesting an
emergency license. Within two working days after receiving a
completed application the commission shall issue the emergency
license. However, the commission may limit the number of
applications for expedited service from a school district or
education service district to not more than 100 applications in a
period of two working days. For purposes of this subsection, the
commission
{ - shall - } { + may + } not distinguish between a school
district or education service district involved in a labor
dispute and any other school district or education service
district.
SECTION 13. ORS 342.130 is amended to read:
342.130. (1) Nothing in ORS 342.120 to 342.173 is intended to
invalidate the life of any certificate or diploma in effect on
June 30, 1965, nor to invalidate the rights granted prior to June
30, 1965, by the law and the rules of the State Board of
Education under which the certificate or diploma was issued.
(2) Nothing in chapter 550, Oregon Laws 1965, is intended to
invalidate the life of any teaching certificate in effect on
August 13, 1965, or to alter the rights and privileges granted
prior to August 13, 1965, by the law under which the teaching
certificate was issued.
(3) Nothing in ORS 342.120 to 342.173 is intended to invalidate
the life of any basic or standard teaching { - or
administrative - } license in effect prior to January 15, 1999,
nor to invalidate the rights granted prior to January 15, 1999,
by the law and by the rules of the Teacher Standards and
Practices Commission under which the license was issued.
SECTION 14. ORS 342.136 is amended to read:
342.136. (1) An initial teaching { - , - } { + or + }
personnel service { - or administrative - } license shall
qualify its holder to accept any assignment from preprimary
through grade 12 for which the holder has completed the
requirements established by the rules of the Teacher Standards
and Practices Commission.
(2) An initial license shall be issued on application for three
years to an otherwise qualified person who has completed an
approved professional education program and meets such other
requirements as the commission may consider necessary to maintain
and improve the quality of instruction in the public schools of
the state.
(3) An initial license may be renewed once if the applicant
meets the requirements established by the commission by rule.
SECTION 15. ORS 342.138 is amended to read:
342.138. (1) A continuing teaching { - , - } { + or + }
personnel service
{ - or administrative - } license shall qualify the holder to
accept any assignments for preprimary through grade 12 for which
the holder has completed the advanced requirements established by
the rules of the Teacher Standards and Practices Commission.
(2) A continuing license shall be issued on application for
five years to an otherwise qualified person who has:
(a) Completed an advanced professional education program
approved by the commission;
(b) Been employed on an initial license for a minimum period of
time to be determined by the commission in an Oregon public
school or an Oregon private school that meets the standards
adopted by the commission by rule or is registered as a private
school under ORS 345.505 to 345.575; and
(c) Demonstrated minimum competencies, knowledge and skills
required for the continuing license through an approved teacher
education institution, school district, professional organization
identified in ORS 342.121, or professional assessment approved by
the commission.
(3) The holder of a continuing license may renew the continuing
license for five years by verification of successful teaching
experience and continuing professional development in accordance
with the rules of the commission.
SECTION 16. ORS 342.143 is amended to read:
342.143. (1) { - No - } { + The Teacher Standards and
Practices Commission may not issue a + } teaching { - , - }
{ + or + } personnel service { - or administrative license
shall be issued - } { + license + } to any person until the
person has attained the age of 18 years and has furnished
satisfactory evidence of proper educational training.
(2) The Teacher Standards and Practices Commission may also
require an applicant for a teaching { - , - } { + or + }
personnel service { - or administrative - } license to furnish
evidence satisfactory to the commission of good moral character,
mental and physical health, and such other evidence as it may
deem necessary to establish the applicant's fitness to serve as a
teacher.
(3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section and
notwithstanding ORS 670.280:
(a) { - No - } { + The Teacher Standards and Practices
Commission may not issue a + } teaching { - , - } { + or + }
personnel service { - or administrative - } license or
registration as a public charter school teacher { - shall be
issued - } to any person who:
(A) Has been convicted of a crime listed in ORS 163.095,
163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575,
163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition),
163.684, 163.686, 163.687, 163.688, 163.689, 164.325, 164.415,
166.005, 166.087, 167.007, 167.012, 167.017, 167.062, 167.065,
167.070, 167.075, 167.080, 167.087, 167.090, 475.995 or 475.999;
(B) Has been convicted under ORS 161.405 of an attempt to
commit any of the crimes listed in subparagraph (A) of this
paragraph; or
(C) Has been convicted in another jurisdiction of a crime that
is substantially equivalent, as defined by rule, to any of the
crimes listed in subparagraphs (A) and (B) of this paragraph.
(b) The Teacher Standards and Practices Commission may refuse
to issue a license or registration to any person who has been
convicted of a crime involving the illegal use, sale or
possession of controlled substances.
(4) In denying the issuance of a license or registration under
this section, the { + Teacher Standards and Practices + }
Commission shall follow the procedure set forth in ORS 342.176
and 342.177.
(5) The Department of Education shall provide school districts
and public charter schools a copy of the list contained in
subsection (3) of this section.
SECTION 17. ORS 342.144 is amended to read:
342.144. (1) As used in this section, 'American Indian tribe'
means an Indian tribe as that term is defined in ORS 97.740.
(2) The Legislative Assembly declares that teaching American
Indian languages is essential to the proper education of American
Indian children.
(3) The Teacher Standards and Practices Commission shall
establish an American Indian languages teaching license.
(4) 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.
(5) The test shall be administered at an appropriate location
that does not create hardship for the tribal members
administering the test.
(6) 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.
(7)(a) An American Indian languages teaching license qualifies
the holder to accept a teaching position in a school district,
public charter school, education service district, community
college or state institution of higher education.
(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 they
are approved to teach by the tribe.
(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 they are approved
to teach by the tribe.
(8)(a) As used in this subsection, 'technical assistance
program' means a program provided to an American Indian languages
teacher by a licensed teacher with three or more years of
teaching experience. A technical assistance program may include
direct classroom observation and consultation, assistance in
instructional planning and preparation, support in implementation
and delivery of classroom instruction, and other assistance
intended to enhance the professional performance and development
of the American Indian languages teacher.
(b) The holder of an American Indian languages teaching license
who does not also have { - an administrative license, - } { +
a + } teaching license or registration issued under ORS 342.125
and who is employed by a school district, public charter school
or education service district shall participate in a technical
assistance program with a person holding a teaching license
issued by the commission under ORS 342.125. The technical
assistance program shall meet the guidelines specified in ORS
329.815 (1) to (3).
(9) 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 18. ORS 342.173 is amended to read:
342.173. (1) Any school district which employs any person not
properly licensed by the Teacher Standards and Practices
Commission and assigned in accordance with the terms specified by
the person's license shall forfeit in State School Fund moneys
due the district an amount determined by the Teacher Standards
and Practices Commission to not exceed the amount of the salary
paid to the person for the time during which the person is
employed. The forfeiture shall be effective unless:
(a) Such assignments are made with justification satisfactory
to the Teacher Standards and Practices Commission.
(b) The teacher is employed by a post-secondary institution
accredited by the Northwest Association of Schools and Colleges
which has a contract with a school district under which the
teacher is teaching at the high school level. The contract shall
be approved annually by the State Board of Education under rules
adopted by the board, including criteria for a teacher's
qualifications under subparagraph (C) of this paragraph. The
contract shall:
(A) Be for a specific instructional assignment for which the
district does not have appropriately licensed personnel either on
staff or available to be placed on staff after a reasonably
diligent search;
(B) Be approved annually by the governing boards of the
post-secondary institution and the school district including a
written determination that appropriately licensed personnel have
not become available since the previous contract for the
assignment;
(C) Provide evidence that the teacher's qualifications are
appropriate for the assignment;
(D) Allow the teacher to teach no more than two high school
units of credit or the equivalent per year; and
(E) Not be valid during a school closure, strike or summer
session.
(c) The person is teaching a live, interactive distance
learning course originating outside the state.
{ + (d) The person is employed as an administrator. + }
(2) A school district shall be required under subsection (1) of
this section to forfeit not more than $1,000 of State School Fund
moneys due the district if the license has lapsed during the time
of employment with the district and the holder had at the time
the license expired all the qualifications necessary to renew the
license.
(3) Notwithstanding subsections (1) and (2) of this section, a
school district employing unlicensed staff members in positions
requiring licensed personnel during the time of a labor dispute
shall forfeit in State School Fund moneys an amount equal to the
daily salary rate multiplied by the number of teaching days for
each unlicensed teaching employee during the entire labor
dispute.
(4) If the State Board of Education finds a contract to be in
violation of the provisions of subsection (1)(b) of this section,
the board shall report the violation to the Teacher Standards and
Practices Commission which shall proceed as provided in
subsection (1) of this section.
(5) Any education service district that employs any person not
properly licensed by the Teacher Standards and Practices
Commission and assigned in accordance with the terms specified in
the person's license shall pay from its funds an amount
determined by the Teacher Standards and Practices Commission not
to exceed the amount of salary paid to the person for the time
during which the person was employed. The payment shall be
required unless the assignment is made with justification
satisfactory to the commission. All amounts received under this
subsection shall be credited to the State School Fund.
(6) An education service district shall be required under
subsection (5) of this section to pay a penalty of not more than
$1,000 if the license has lapsed during the time of employment
with the district and the holder had at the time the license
expired all the qualifications necessary to renew the license.
(7) Subject to any applicable collective bargaining agreement,
an education service district required to pay any penalty under
subsection (6) of this section is entitled to recover one-half of
the amounts paid from the licensed personnel whose unlicensed
status caused the payment. Recovery shall not exceed one-half of
the amount paid that is attributable to the licensed person.
{ + (8) Notwithstanding subsection (5) of this section, an
education service district may employ a person as an
administrator who is not licensed by the Teacher Standards and
Practices Commission. + }
{ - (8) - } { + (9) + } The Teacher Standards and Practices
Commission shall notify districts of the licensing expiration
dates of their employees who are reported to the commission. The
reporting shall be done in a manner specified by the commission.
{ - (9) - } { + (10) + } Subject to any applicable
collective bargaining agreement, a district required to forfeit
any State School Fund moneys under subsection (2) of this section
is entitled to recover one-half of the amounts forfeited from the
licensed personnel whose unlicensed status caused the forfeiture.
Recovery shall not exceed one-half of the amount forfeited that
is attributable to the particular licensed person.
{ - (10) - } { + (11) + } A school district or education
service district that assigns a teacher to be present in the
classroom during a live, interactive distance learning
presentation shall not be subject to the forfeiture described in
subsection (1) of this section solely because the assignment does
not conform to the terms specified on the license of the teacher.
SECTION 19. ORS 342.175 is amended to read:
342.175. (1) The Teacher Standards and Practices Commission may
suspend or revoke the license of a teacher { - or
administrator - } , discipline a teacher { - or
administrator - } or suspend or revoke the right of any person
to apply for a license if the person has held a license at any
time within five years prior to issuance of the notice of charges
under ORS 342.176 based on the following:
(a) Conviction of a crime not listed in ORS 342.143 (3);
(b) Gross neglect of duty;
(c) Any gross unfitness;
(d) Conviction of a crime for violating any law of this or any
state or of the United States involving the illegal use, sale or
possession of controlled substances;
(e) Any false statement knowingly made in an application for
issuance, renewal or reinstatement of a license; or
(f) Failure to comply with any condition of reinstatement under
subsection (3) of this section or any condition of probation
under ORS 342.177 (3)(b).
(2) Notwithstanding ORS 670.280, the commission shall revoke
any license or registration and shall revoke the right of any
person to apply for a license or registration if the person has
held a license or registration at any time within five years
prior to issuance of the notice of charges under ORS 342.176 when
the holder or person has been convicted of any crime described in
ORS 342.143 (3).
(3) Except for convictions for crimes listed in ORS 342.143 (3)
and subject to subsection (4) of this section, any person whose
license or registration has been suspended or revoked or whose
privilege to apply for a license or registration has been revoked
may apply to the commission for reinstatement of the license or
registration after one year from the date of the suspension or
revocation. The commission may require an applicant for
reinstatement to furnish evidence satisfactory to the commission
of good moral character, mental and physical health and such
other evidence as the commission may consider necessary to
establish the applicant's fitness. The commission may impose a
probationary period and such conditions as it considers necessary
upon approving an application for reinstatement.
(4) The commission shall reconsider immediately a license or
registration suspension or revocation or the situation of a
person whose privilege to apply for a license or registration has
been revoked, upon application therefor, when the license or
registration suspension or revocation or the privilege revocation
is based on a criminal conviction that is reversed on appeal.
(5) Violation of rules adopted by the commission relating to
competent and ethical performance of professional duties shall be
admissible as evidence of gross neglect of duty or gross
unfitness.
(6) A copy of the record of conviction, certified to by the
clerk of the court entering the conviction, shall be conclusive
evidence of a conviction described in this section.
SECTION 20. ORS 342.177 is amended to read:
342.177. (1) Hearings under ORS 342.176 shall be conducted by a
hearing officer assigned from the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999. The
hearing shall be private unless the person against whom the
charge is made requests a public hearing. Students attending
school in the district which employs the person { - shall - }
{ + may + } not be permitted to attend any hearing except as
witnesses duly subpoenaed to testify with respect to the charges
made. The person against whom the charge is made shall have the
right to be represented by counsel and to present evidence and
argument. The evidence must be confined to the charges.
(2) The Teacher Standards and Practices Commission or the
person charged may have subpoenas issued to compel attendance at
the hearing. The person charged may have subpoenas issued by an
attorney of record subscribed by the signature of the attorney or
by the executive director. Witnesses appearing pursuant to
subpoena, other than the parties or officers or employees of the
commission, shall receive fees and mileage as prescribed by law
for witnesses in ORS 44.415 (2). The commission or the person
charged shall have the right to compel the attendance and
obedience of witnesses in the same manner as provided under ORS
183.440 (2).
(3) The commission shall render its decision at its next
regular meeting following the hearing. If the decision of the
commission is that the charge described in ORS 342.175 (1) has
been proven, the commission may take any or all of the following
disciplinary action against the person charged:
(a) Issue a public reprimand.
(b) Place the person on probation for a period not to exceed
four years and subject to such conditions as the commission
considers necessary.
(c) Suspend the license of the teacher { - or
administrator - } for a period not to exceed one year.
(d) Revoke the license of the teacher { - or
administrator - } .
(e) Revoke the privilege to apply for a license.
(4) If the decision of the commission is that the charge is not
proven, the commission shall order the charges dismissed.
(5) The commission shall notify in writing the person charged,
the school district by which the person is employed and the
Superintendent of Public Instruction of the decision.
SECTION 21. ORS 342.177, as amended by section 70, chapter 849,
Oregon Laws 1999, is amended to read:
342.177. (1) Hearings under ORS 342.176 shall be conducted by
the Teacher Standards and Practices Commission, by three members
of the commission designated by the commission or by a hearing
officer designated by the commission. The hearing shall be
private unless the person against whom the charge is made
requests a public hearing. Students attending school in the
district which employs the person { - shall - } { + may + }
not be permitted to attend any hearing except as witnesses duly
subpoenaed to testify with respect to the charges made. The
person against whom the charge is made shall have the right to be
represented by counsel and to present evidence and argument. The
evidence must be confined to the charges.
(2) The commission or the person charged may have subpoenas
issued to compel attendance at the hearing. The person charged
may have subpoenas issued by an attorney of record subscribed by
the signature of the attorney or by the executive director.
Witnesses appearing pursuant to subpoena, other than the parties
or officers or employees of the commission, shall receive fees
and mileage as prescribed by law for witnesses in ORS 44.415 (2).
The commission or the person charged shall have the right to
compel the attendance and obedience of witnesses in the same
manner as provided under ORS 183.440 (2).
(3) The commission shall render its decision at its next
regular meeting following the hearing. If the decision of the
commission is that the charge described in ORS 342.175 (1) has
been proven, the commission may take any or all of the following
disciplinary action against the person charged:
(a) Issue a public reprimand.
(b) Place the person on probation for a period not to exceed
four years and subject to such conditions as the commission
considers necessary.
(c) Suspend the license of the teacher { - or
administrator - } for a period not to exceed one year.
(d) Revoke the license of the teacher { - or
administrator - } .
(e) Revoke the privilege to apply for a license.
(4) If the decision of the commission is that the charge is not
proven, the commission shall order the charges dismissed.
(5) The commission shall notify in writing the person charged,
the school district by which the person is employed and the
Superintendent of Public Instruction of the decision.
SECTION 22. ORS 342.180 is amended to read:
342.180. (1) Any person whose license or registration has been
suspended or revoked or who has been disciplined, or who has been
refused issuance or reinstatement of a license or registration,
and is aggrieved at the decision of the Teacher Standards and
Practices Commission, may appeal in the manner provided in ORS
183.480.
(2) If the Superintendent of Public Instruction, the district
school board or the public charter school employing the teacher
{ - or administrator - } is aggrieved at the decision of the
commission, the superintendent, the board or the school may
appeal from the decision in the manner provided in ORS 183.480.
(3) Unless the decision of the commission is accompanied by a
finding that immediate suspension or revocation of the teaching
license or registration is necessary to protect the safety and
well-being of students, an appeal made under this section in a
proceeding to suspend or revoke shall operate as a stay of the
suspension or revocation, if any, until the determination of the
appeal.
SECTION 23. ORS 342.203 is amended to read:
342.203. (1) Annually not later than March 1, the Teacher
Standards and Practices Commission shall cause to be circulated
among all of the common and union high school districts and
education service districts in this state a list of all teachers
{ - and administrators - } whose teaching { - or
administrative - } licenses have been suspended or revoked or
who have been reprimanded or placed on probation during the
preceding 12 months.
(2) If the decision of the commission is appealed under ORS
342.180, the teacher's { - or administrator's name shall - }
{ + name may + } not be placed on the list authorized by
subsection (1) of this section { - unless and until such - }
{ + until the + } decision has been sustained by the Court of
Appeals or until the appeal has been dropped.
SECTION 24. ORS 342.227 is amended to read:
342.227. The Teacher Standards and Practices Commission may
issue to an individual a temporary license or certificate as a
teacher, { - administrator, - } personnel specialist or school
nurse pending the return of the criminal records check by the
Federal Bureau of Investigation.
SECTION 25. ORS 342.360 is amended to read:
342.360. (1) The membership of the Teacher Standards and
Practices Commission shall consist of:
(a) Four elementary teachers;
(b) Four junior or senior high school teachers;
(c) One elementary school administrator;
(d) One junior or senior high school administrator;
(e) One superintendent of city schools;
(f) One county superintendent or a superintendent employed by
an education service district board;
(g) One member from the faculty of an approved private teacher
education institution in Oregon;
(h) One member from the faculty of a state institution of
higher education;
(i) One member who is also a member of a district school board;
and
(j) Two members of the general public.
(2) Except for those members appointed under subsection (1)(i)
and (j) of this section, members must have been actively engaged
in teaching, supervising or administering in the public schools
or in approved teacher education institutions in Oregon for the
period of five years immediately preceding appointment. Acting
as an elected representative of teachers, supervisors or
administrators shall be considered teaching, supervising or
administering for the purposes of the five-year experience
requirement. In addition, members appointed under subsection
(1)(a) { - to (f) - } { + or (b) + } of this section must
hold { + a + } valid Oregon teaching { - or administrative
licenses - } { + license + } other than restricted teaching
{ - or administrative - } licenses.
(3)(a) Throughout the term for which appointed, one of the
members appointed under subsection (1)(a) to (j) of this section
must hold a teaching license with an indorsement in some aspect
of special education or have demonstrated knowledge or experience
in special education.
(b) As used in this subsection, 'special education' means
specially designed education to meet the goals of the individual
education program of a child with disabilities including regular
classroom instruction, instruction in physical education, home
instruction, related services and instruction in hospitals,
institutions and special schools.
SECTION 26. { + ORS 342.140 and 342.200 are repealed. + }
SECTION 27. { + The amendments to ORS 181.525, 181.539,
329.007, 329.675, 329.795, 332.544, 332.554, 334.225, 338.135,
342.121, 342.122, 342.125, 342.130, 342.136, 342.138, 342.143,
342.144, 342.173, 342.175, 342.177, 342.180, 342.203, 342.227 and
342.360 by sections 1 to 25 of this 2003 Act and the repeal of
ORS 342.120 and 342.200 by section 26 of this 2003 Act first
apply to the 2003-2004 school year. + }
SECTION 28. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect
July 1, 2003. + }
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