74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 621
 
LC 2539/SB 621-5
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 621
 
        By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
 
                            April 30
 
  On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '338.135, 342.125,
342.143, 342.175, 342.176 and 342.177; and declaring an
emergency.'.
  Delete lines 5 through 27 and delete pages 2 through 7 and
insert:
  '  { +  SECTION 1. + } 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 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 - }  { +  65 percent + } 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 2. + }  { + The amendments to ORS 338.135 by
section 1 of this 2007 Act apply to:
  ' (1) Public charter schools that renew the charter of the
school on or after the effective date of this 2007 Act; and
  ' (2) Public charter schools for which a charter is executed on
or after the effective date of this 2007 Act. + }
  '  { +  SECTION 3. + } 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 other types of teaching licenses as it considers
necessary for operation of the public schools of the state and
may prescribe the qualifications for the licenses. However, no
license established under the authority of this subsection is
required for 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 criminal records check as provided in
 
ORS 181.534 and a background check through an interstate
clearinghouse of revoked and suspended licenses.
  ' (b) Subject to the results of the criminal records
check { + , + }
  { - and - }  background check { +  and information received
under ORS 342.143 (2) + }, the commission shall approve the
application for registration. The commission may deny a request
for registration only on the basis of the criminal records
check { + , + }   { - or - }  the background check through an
interstate clearinghouse of revoked and suspended licenses { +
or information received under ORS 342.143 (2) + }. The
registration is 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
qualifies 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 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 4. + }  { + The amendments to ORS 342.125 by
section 3 of this 2007 Act apply to applicants who apply for
registration or renewal of a registration as a public charter
school teacher on or after the effective date of this 2007
Act. + }
  '  { +  SECTION 5. + } 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  { + or registration as a
public charter school teacher + } 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, 475.848, 475.852,
475.858, 475.860, 475.862, 475.864 (4), 475.868, 475.872,
475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or
475.906;
  ' (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 a copy of the list contained
in subsection (3) of this section.
  '  { +  SECTION 6. + } ORS 342.175 is amended to read:
  ' 342.175. (1) The Teacher Standards and Practices Commission
may suspend or revoke the license  { + or registration + } of a
teacher or administrator, discipline a teacher or administrator
or suspend or 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 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
registration + }; 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 7. + } 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 district { +  or public charter school + },
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 district { +  or public charter school + },
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 8. + } ORS 342.177 is amended to read:
  ' 342.177. (1)(a) 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.
  ' (b) Notwithstanding paragraph (a) of this subsection, the
Teacher Standards and Practices Commission shall conduct any
hearing that results from the suspension of the teaching license
of a teacher under ORS 342.553.
  ' (c) Any hearing conducted under this subsection shall be
private unless the person against whom the charge is made
requests a public hearing. Students attending school in the
district
  { - which - }   { + that + } employs the person   { - shall not
be permitted to - }  { +  may not + } attend any hearing except
as witnesses duly subpoenaed to testify with respect to the
charges made.  { + Students attending a public charter school
that employs the person may not 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  { + or registration + } of the
teacher or administrator for a period not to exceed one year.
  ' (d) Revoke the license  { + or registration + } of the
teacher or administrator.
  ' (e) Revoke the privilege to apply for a license { +  or
registration + }.
  ' (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  { + or public charter school + } by
which the person is employed and the Superintendent of Public
Instruction of the decision.
  '  { +  SECTION 9. + }  { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect July 1, 2007. + } ' .
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