73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 2992
Senate Bill 1013
Sponsored by COMMITTEE ON RULES
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.
Requires private schools to register with Department of
Education. Requires administrators and teachers employed by
private schools to be licensed by Teacher Standards and Practices
Commission. Requires private school employees to have criminal
records check.
Imposes civil penalty on private school that does not register
with department.
Eliminates public charter school teacher registration
established by commission. Requires administrators and teachers
employed by public charter schools to be licensed by commission.
Requires any person who provides instruction for compensation
to children in kindergarten through grade 12 to hold teaching
license.
Becomes operative on July 1, 2008.
A BILL FOR AN ACT
Relating to education; creating new provisions; and amending ORS
181.539, 326.603, 338.135, 342.120, 342.121, 342.122, 342.125,
342.127, 342.135, 342.136, 342.143, 342.144, 342.165, 342.169,
342.175, 342.176, 342.177, 342.180, 342.200, 342.203, 342.223,
342.360, 342.390, 342.495, 342.815, 345.515, 345.525 and
345.992.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 326.603 is amended to read:
326.603. (1) { - (a) - } A school district { + or private
school + } shall send to the Department of Education for purposes
of a criminal records check any information, including
fingerprints, for each subject individual described in ORS
181.539 (5)(d)(D), (E), (F), (H) or (I).
{ - (b) A private school may send to the Department of
Education for purposes of a criminal records check any
information, including fingerprints, for each subject individual
described in ORS 181.539 (5)(d)(D), (E), (F) or (H). - }
(2) The Department of Education shall request criminal offender
information from the Department of State Police in the manner
required by ORS 181.539 and shall charge the district or private
school a fee of $42 for the cost of acquiring and furnishing the
information described in ORS 181.525 and 181.539. The school
district or private school may recover its costs or a portion
thereof from the subject individual described in ORS 181.539
(5)(d)(D), (E), (F), (H) or (I). If the subject individual
described in ORS 181.539 (5)(d)(E), (F) or (I) requests, the
district shall and a private school may withhold the amount from
amounts otherwise due the individual, including a periodic
payroll deduction rather than a lump sum payment.
(3)(a) If the Superintendent of Public Instruction informs the
school district { + or private school + } that the subject
individual has been convicted of a crime listed in ORS 342.143 or
has made a false statement as to the conviction of a crime, the
superintendent shall notify the school district { + or private
school + } of the fact and the district { - shall - } { + or
private school may + } not employ or contract with the
individual. Notification by the superintendent that the school
district { - shall - } { + or private school may + } not
employ or contract with the subject individual shall remove the
individual from any school district { + or private school + }
policies, collective bargaining provisions regarding dismissal
procedures and appeals and the provisions of ORS 342.805 to
342.937.
{ - (b) The Superintendent of Public Instruction shall notify
the private school if the subject individual has been convicted
of a crime listed in ORS 342.143 or has made a false statement as
to the conviction of a crime. Based on the notice, the private
school may choose not to employ or contract with the
individual. - }
{ - (c) - } { + (b) + } The criminal records are
confidential and { - shall - } { + may + } not be released to
the district or private school but are subject to inspection by
the subject individual. The subject individual, other than a
subject individual in a private school, may appeal the
determination as a contested case under ORS 183.413 to 183.470
and the superintendent shall notify the subject individual of the
right to appeal the determination.
(4) If an individual described in subsection (1) of this
section refuses to consent to the criminal records check or
refuses to be fingerprinted or if the subject individual falsely
swears to the nonconviction of a crime, the { + school + }
district { + or private school + } shall terminate the
employment or contract status of the individual. Termination
under this subsection shall remove the individual from any school
district { + or private school + } policies, collective
bargaining provisions regarding dismissal procedures and appeals
and the provisions of ORS 342.805 to 342.937.
(5) The State Board of Education by rule shall specify the
information to be required by subsection (1) of this section.
(6)(a) A school district { - shall - } { + or private
school may + } not hire or continue to employ or contract with or
allow the contractor to continue to assign an individual to the
school project if the individual described in subsection (1) of
this section has been convicted of a crime according to the
provisions of ORS 342.143.
(b) School district { + and private school + } employment and
contract forms shall contain a notice that employment or
contracting is subject to fingerprinting and a criminal records
check as required by ORS 181.525, 181.537, 181.539, 326.603,
342.223, 342.227 and 342.232.
(7) As used in this section and ORS 326.607:
(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) '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.
SECTION 2. 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 chapters 238 and 238A, 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) - } Any person employed as { + an administrator or
as + } a teacher in a public charter school shall be licensed
{ - or registered - } to teach by the Teacher Standards and
Practices Commission.
{ - (c) 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, 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 3. ORS 342.120 is amended to read:
342.120. As used in { - this chapter - } { + ORS 342.120 to
342.430 + }, unless the context requires otherwise:
(1) 'Administrator' includes all superintendents, assistant
superintendents and principals in the public { + or private + }
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 { + , private school + } 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 { + or private school + } 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 { + , private school + } or
education service district.
(8) 'State board' means the State Board of Education.
(9) 'Teacher' includes all licensed employees in { - the - }
public { + or private + } 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 342.144.
SECTION 4. 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 { + and private + } schools
of the state.
{ + (2) Any person who provides instruction for compensation
to a child who is in kindergarten through grade 12 is required to
hold a teaching license issued by the commission. + }
{ - (2) - } { + (3) + } 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 { + or
private + } school of this state.
SECTION 5. 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) - } { + (3) + }. 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 6. 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) 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 { + or private + } schools
of the state and may prescribe the qualifications for such
licenses. However, no license established under the authority of
this subsection shall be required for a regular classroom
teaching position in the public { + or private + } 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) - } { + (5) + } 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 { + or private school + }
superintendent or school district board { + or private
school + } 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 { + , private school + } 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 { + , private school + } or education service district
involved in a labor dispute and any other school district { + ,
private school + } or education service district.
SECTION 7. ORS 342.127 is amended to read:
342.127. (1) The Teacher Standards and Practices Commission
shall establish and the commission shall collect:
(a) A fee not to exceed $100 for evaluation of the initial
application for each teaching license for which application is
made. If the applicant is eligible for the teaching license for
which application is made and the license is issued within 90
days of original application, the commission shall issue the
license without additional charge.
(b) A fee not to exceed $100 for the renewal of each teaching
license and a fee not to exceed $20 for each duplicate teaching
license.
(c) A fee not to exceed $800 for a beginning teacher assessment
conducted in lieu of an approved preparation program required for
licensure.
(d) A fee not to exceed $200 for alternative assessment
conducted in lieu of a passing score on a licensure examination
established by the commission.
{ - (e) A fee not to exceed $50 for registration as a public
charter school teacher that includes any fee charged pursuant to
ORS 342.223. - }
{ - (f) A fee not to exceed $50 for renewal of a registration
as a public charter school teacher that includes any fee charged
pursuant to ORS 342.223. - }
(2) In addition to the fee required by subsection (1) of this
section for the issuance of a teaching license, the Teacher
Standards and Practices Commission shall collect a fee not to
exceed $150 for the evaluation of an applicant requesting
licensing based upon completion of other than an Oregon approved
teacher education program.
(3) In addition to the fees required by subsection (1) of this
section, the Teacher Standards and Practices Commission shall
collect a late application fee not to exceed $25 per month up to
a maximum of $125 from an applicant who fails to make timely
application for renewal of the license { - or registration - }
. The actual amount of the fee shall be determined in accordance
with rules of the Teacher Standards and Practices Commission.
(4) In spite of the expiration date posted on the license, the
license shall continue to be valid for purposes of ORS 342.173
for an additional 120 days. However, the district { + or
school + } may require a statement from the applicant indicating
that the applicant has completed the requirements for license
renewal.
(5) In addition to the fee required by subsection (1) of this
section for the issuance of a teaching license, the commission
shall collect a fee not to exceed $150 for the reinstatement of a
license that has been revoked by the commission for gross neglect
of duty or gross unfitness under ORS 342.175.
(6) In addition to the fee required by subsection (1) of this
section for the issuance of a teaching license, the commission
shall collect a fee not to exceed $100 for the issuance of any
emergency license through an expedited process at the request of
any school district { + , private school + } or education service
district that seeks to employ the applicant.
(7) Fee rates established under this section shall cover, but
not exceed, the full cost of administrative expenses incurred by
the commission during any biennium.
SECTION 8. ORS 342.135 is amended to read:
342.135. (1) A teaching license provided for in this section
shall qualify its holder to accept any instructional assignment
from preprimary through grade 12 for which the holder has
completed the professional requirements established by the rules
of the Teacher Standards and Practices Commission.
(2) A basic teaching license shall be issued on application to
an otherwise qualified person who has completed an approved
teacher education program and meets such other requirements as
the Teacher Standards and Practices Commission may consider
necessary to maintain and improve quality of instruction in the
public { + and private + } schools of the state.
(a) Holders of the basic teaching license who meet the
requirements of the Teacher Standards and Practices Commission to
teach in the regular classroom program of the public { + or
private + } schools, kindergarten through grade nine, may renew
the basic license to qualify them to continue in such teaching by
verification of successful teaching experience and of continuing
professional development in keeping with Teacher Standards and
Practices Commission rules.
(b) A holder of the basic teaching license with an indorsement
in art, educational media, foreign language, health, home
economics, industrial arts, music, physical education and reading
may renew the initial basic license by verification of successful
teaching experience and of continuing professional development in
keeping with Teacher Standards and Practices Commission rules.
This subsection applies to licenses for preprimary programs and
grades 1 through 8 and shall include grade 9 if the teacher is
teaching in a middle school or a junior high.
(c) Secondary teachers may teach in the public { + or
private + } schools, grades 5 through 12, in those subject fields
in which they have met the requirements of the Teacher Standards
and Practices Commission.
(d) The holder of the standard teaching license who meets the
requirements of the Teacher Standards and Practices Commission to
teach in the regular classroom program of the public { + or
private + } schools in kindergarten through grade 12 is eligible
to renew the standard license to qualify to continue in such
teaching by verification of successful teaching experience and of
continuing professional development consistent with rules of the
Teacher Standards and Practices Commission.
(3)(a) A standard teaching license shall be issued on
application to an otherwise qualified person who has completed an
approved teacher education program, has taught on a basic
teaching license for a minimum period of time to be determined by
the Teacher Standards and Practices Commission, and is
recommended for licensing by the approved teacher education
institution or the school district { + or private school + },
whichever offered the program.
(b) Preparation shall be a planned education program consisting
of courses taken in an approved teacher education institution or
in an in-service training program offered by a school district
{ + or private school + } for which credit is given by an
approved teacher education institution or some combination of
both, in accordance with rules of the Teacher Standards and
Practices Commission.
(4) Notwithstanding subsection (2) of this section, the Teacher
Standards and Practices Commission shall by rule adopt dates by
which continuing professional development is required for renewal
of a basic or standard teaching license.
SECTION 9. ORS 342.136 is amended to read:
342.136. (1) An initial teaching, 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 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 { + or private + }
schools of the state.
(3) An initial license may be renewed if the applicant meets
the requirements established by the commission by rule.
SECTION 10. ORS 342.143 is amended to read:
342.143. (1) No teaching, personnel service or administrative
license shall be issued 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, 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 teaching, 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 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
{ + and private schools + } a copy of the list contained in
subsection (3) of this section.
SECTION 11. 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, { + private 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 { + , public charter
school, private school + } 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 { - , - } { +
or + } teaching license { - or registration - } issued under
ORS 342.125 and who is employed by a school district, public
charter school { + , private 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 12. ORS 342.165 is amended to read:
342.165. (1) Pursuant to ORS chapter 183, the Teacher Standards
and Practices Commission shall adopt rules necessary for the
issuance, denial, continuation, renewal, lapse, revocation,
suspension or reinstatement of licenses { - or
registrations - } issued under ORS 342.120 to 342.430. The
commission shall also adopt rules establishing means in addition
to those prescribed by law whereby teachers are able to add
additional indorsements to their teaching licenses.
(2) In establishing rules the commission shall consider:
(a) Its responsibilities to represent the public interest in
the development of educational policies;
(b) The capabilities of Oregon teacher education institutions
to prepare teachers;
(c) The norms required for the teaching assignments;
(d) The improvement of teaching;
(e) The adequacy of the teacher supply;
(f) The value of experience or nonacademic learning;
(g) The responsibilities imposed upon school districts by
geographic and demographic conditions;
(h) The recommendations of the State Board of Education and
Superintendent of Public Instruction; and
(i) Such other matters as tend to improve education.
SECTION 13. ORS 342.169 is amended to read:
342.169. (1) The State Board of Education shall establish by
rule the ratio of the number of pupils to the number of staff
members who must hold current, recognized first aid cards in each
{ + public or private + } school.
(2) In order to attain or maintain the ratio set under
subsection (1) of this section, the { + school + } district
{ + or private school + } may require any staff member as a
condition of employment to hold a current, recognized first aid
card. The staff member shall have 90 days from the date on which
the { + school + } district { + or private school + } imposes
the requirement to obtain the first aid card.
(3) The { + school + } district { + or private school + }
shall waive the requirement of subsection (2) of this section for
any staff member who has had the requirement waived by the
Teacher Standards and Practices Commission and may waive the
requirement for other staff who are unable by reason of
disability to obtain recognized first aid cards.
(4) The { + school + } district shall certify annually to the
Department of Education that it complies with the ratio
requirement set under subsection (1) of this section.
SECTION 14. 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 15. ORS 342.176 is amended to read:
342.176. (1) Upon receipt of a complaint or information that a
person has violated ORS 342.143 or 342.175, the Teacher Standards
and Practices Commission shall promptly undertake an
investigation.
(2) The commission may appoint an investigator and shall
furnish the investigator with appropriate professional and other
special assistance reasonably required to conduct the
investigation, and the investigator is empowered to subpoena
witnesses over the signature of the executive director, swear
witnesses and compel obedience in the same manner as provided
under ORS 183.440 (2).
(3) Following completion of the investigation, the executive
director shall report in writing any findings and recommendations
to:
(a) The commission, meeting in executive session, at its next
regular meeting following completion of the investigation; and
(b) The person against whom the charge is made.
(4) The documents and materials used in the investigation and
the report of the executive director are confidential and not
subject to public inspection unless the commission makes a final
determination that the person charged has violated ORS 342.143 or
342.175.
(5) If the commission finds from the report that there is
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
(a) The person charged, enclosing a statement of the charges
and a notice of opportunity for hearing;
(b) The complainant; and
(c) The employing { + school + } district, { + public charter
school, private school or education service district, + } if any.
(6) If the commission finds from the report that there is not
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
(a) The person charged;
(b) The complainant; and
(c) The employing { + school + } district, { + public charter
school, private school or education service district, + } if any.
(7) Notwithstanding ORS 192.660 (6), the commission may make
its findings under this section in executive session. However,
the provisions of ORS 192.660 (4) apply to the sessions.
SECTION 16. ORS 342.177 is amended to read:
342.177. (1) Hearings under ORS 342.176 shall be conducted by
an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605. The
hearing shall be private unless the person against whom the
charge is made requests a public hearing. Students attending
school in the { + school + } district { - which - } { + or
at the public charter school or private school that + } 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 { + , public charter school, private school
or education service district + }by which the person is employed
and the Superintendent of Public Instruction of the decision.
SECTION 17. 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 { + , the private school or the education service district
+ }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 18. ORS 342.200 is amended to read:
342.200. In order to allow the school districts { + and
private schools + } of the state to take full advantage of
various professional skills and disciplines not directly
developed through teaching experience or professional education
for which teaching experience is a prerequisite, it is the public
policy of the State of Oregon that the Teacher Standards and
Practices Commission, in establishing professional requirements
and experience under ORS 342.140, shall consider professional
skills, education and experience not directly related to, nor
contingent upon, teaching experience or training as a classroom
teacher.
SECTION 19. 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 { + , public charter schools, registered private
schools + } 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 not be
placed on the list authorized by subsection (1) of this section
unless and until such decision has been sustained by the Court of
Appeals or until the appeal has been dropped.
SECTION 20. ORS 342.223 is amended to read:
342.223. (1) The Teacher Standards and Practices Commission may
charge a subject individual, as defined in ORS 181.539 (5)(d)(A)
to (C) { - , - } { + and + } (G) { - and (J) - } , a fee not
to exceed $42 for the cost of acquiring and furnishing the
information described in ORS 181.525 and 181.539.
(2) A refusal to consent to the criminal records check
described in ORS 181.525 and 181.539 or a refusal to be
fingerprinted upon request of the commission or the making of any
false statement as to the conviction of a crime shall be grounds
for refusal to issue, renew or reinstate a license { - , - }
{ + or + } certificate { - or registration - } and is in
addition to the grounds stated in ORS 342.143. The criminal
record is confidential and shall be available only to the subject
individual.
(3) The subject individual may appeal the refusal to issue an
initial license { - , - } { + or + } certificate { - or
registration - } under this section as a contested case under
ORS 183.413 to 183.470, but the refusal to renew or reinstate a
license { - or registration - } is subject to ORS 342.175 to
342.180, and the commission shall notify the subject individual
of the right to appeal.
SECTION 21. 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 { + or a private 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 { + or
private + } 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) of this section must hold valid Oregon
teaching or administrative licenses 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 22. ORS 342.390 is amended to read:
342.390. (1) The Teacher Standards and Practices Commission
shall meet at least once every six months at a place, day and
hour determined by the commission. The commission shall also meet
at such other times and places as are specified by the call of
the chairperson or of a majority of the members of the
commission.
(2) A member of the commission who is employed at a public
school or by a private teacher education institution or by a
state institution of higher education shall receive no
compensation for services as a member; but subject to any other
applicable law regulating travel and other expenses for state
officers, the member shall receive actual and necessary travel
and other expenses incurred in the performance of official duties
as provided by ORS 292.495 (2).
(3) A member of the commission who serves on the commission in
the capacity of a district school board member or as a member of
the general public shall be entitled to compensation and expenses
as provided in ORS 292.495 (1) and (2).
{ + (4) A member of the commission who is employed by a
private school or serves on a private school board shall be
entitled to compensation and expenses as provided in ORS 292.495
(1) and (2). + }
SECTION 23. ORS 342.495 is amended to read:
342.495. (1) The holder of a school nurse certificate issued
under ORS 342.475 (1) to (3) is qualified to accept employment to
conduct and coordinate the health services programs of any public
{ + or private + } school in the State of Oregon. A person
licensed as a registered nurse may use the term 'nurse' as part
of a title when employed by a school.
(2) No school or school district is required to employ as a
nurse a person certified under ORS 342.475 (1) to (3).
SECTION 24. 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 { + all principals in a fair dismissal district
and + } 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 teaching license { - or registration - } as
provided in ORS 342.125 or 342.144 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 nonextension or dismissal of a
contract or probationary teacher.
SECTION 25. ORS 345.515 is amended to read:
345.515. A { + private + } school { - may - } { +
shall + } be registered as a private school with the Department
of Education in the manner provided in ORS 345.505 to 345.575.
SECTION 26. ORS 345.525 is amended to read:
345.525. (1) The owner or operator of a private school, or the
superintendent or principal thereof, { - may - } { +
shall + } apply to the Department of Education for registration
of the school by submitting an application { - therefor - } on
a form provided by the department.
(2) In order to become registered, the applicant must
demonstrate to the satisfaction of the department that:
(a) The teachers in the applicant schools are possessed of
those qualifications necessary to establish the applicant's
fitness as a teacher { - , but such qualifications shall not
include the requirement that teachers be licensed - } .
(b) The applicant and the school employees are qualified by
education and experience to provide instruction at the grade
level or in the program to which they are assigned.
{ + (c) The administrators and teachers employed by school
are licensed by the Teacher Standards and Practices
Commission. + }
{ - (c) - } { + (d) + } The facility at which the school is
located and the operation thereof are adequate to protect the
health and safety of the children enrolled therein, including but
not limited to { - , - } fire protection and sanitation.
{ - (d) - } { + (e) + } The curriculum in prekindergarten,
kindergarten and grades 1 through 12 shall be such that it will
consider the goals of modern education and the requirements of a
sound, comprehensive curriculum with particular emphasis on
establishment of the highest practical standards, and in
secondary schools establishment of academic standards necessary
for students to qualify to attend community colleges and
institutions of higher education both within and without the
State of Oregon. Courses shall be taught for a period of time
equivalent to that required for children attending public schools
in the 1994-1995 school year.
SECTION 27. ORS 345.992 is amended to read:
345.992. (1) In addition to any other penalty provided by law,
any person who violates any provision of ORS 345.020, 345.030,
345.070, 345.115 or 345.117, or who engages in an unlawful trade
practice as defined by ORS 646.608 shall incur a civil penalty
for each violation in the amount prescribed by the schedule
adopted under ORS 345.995.
{ + (2) In addition to any other penalty provided by law, any
person who violates any provision of ORS 345.515 or 345.525 shall
incur a civil penalty for each violation in an amount prescribed
by rule adopted by the State Board of Education. No civil penalty
imposed under this subsection shall exceed $___ per
violation. + }
{ - (2) - } { + (3) + } Civil penalties under this section
shall be imposed as provided in ORS 183.745.
SECTION 28. 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 29. { + The State Board of Education, the Teacher
Standards and Practices Commission, public charter schools and
private schools may take all actions necessary prior to July 1,
2008, to implement the amendments to ORS 181.539, 326.603,
338.135, 342.120, 342.121, 342.122, 342.125, 342.127, 342.135,
342.136, 342.143, 342.144, 342.165, 342.169, 342.175, 342.176,
342.177, 342.180, 342.200, 342.203, 342.223, 342.360, 342.390,
342.495, 342.815, 345.515, 345.525 and 345.992 by sections 1 to
28 of this 2005 Act on and after July 1, 2008. + }
SECTION 30. { + The amendments to ORS 181.539, 326.603,
338.135, 342.120, 342.121, 342.122, 342.125, 342.127, 342.135,
342.136, 342.143, 342.144, 342.165, 342.169, 342.175, 342.176,
342.177, 342.180, 342.200, 342.203, 342.223, 342.360, 342.390,
342.495, 342.815, 345.515, 345.525 and 345.992 by sections 1 to
28 of this 2005 Act become operative on July 1, 2008. + }
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