Chapter 199 Oregon Laws 1999

Session Law

AN ACT

HB 2550

Relating to education; creating new provisions; amending ORS 181.539, 342.125, 342.127, 342.143, 342.165, 342.175, 342.180, 342.223 and 342.815 and section 17, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100); and declaring an emergency.

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

SECTION 1. If Senate Bill 100 becomes law, section 17, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100), is amended to read:

Sec. 17. (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 [a teacher or] 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, [However,] 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 2. If Senate Bill 100 becomes law, ORS 342.125, as amended by section 1, chapter 383, Oregon Laws 1997, 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.

(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.

(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 license established under the authority of this subsection shall be 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 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.

[(5)] (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 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 3. The Teacher Standards and Practices Commission shall report to the Seventy-first and Seventy-second Legislative Assemblies on the public charter school teacher registry. Each report shall include a list of persons who are registered with the commission as public charter school teachers.

SECTION 4. If Senate Bill 100 becomes law, 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 $60 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 $60 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 $15 per month up to a maximum of $75 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 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 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 5. If Senate Bill 100 becomes law, ORS 342.165 is amended to read:

342.165. (1) Pursuant to ORS 183.310 to 183.550, 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;

(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 6. If Senate Bill 100 becomes law, ORS 181.539, as amended by section 24, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100), is amended to read:

181.539. (1) Upon the request of the Teacher Standards and Practices Commission or the Department of Education, the Department of State Police shall furnish to the authorized staff of the Teacher Standards and Practices Commission or the Department of Education 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 Teacher Standards and Practices Commission or the Department of Education, 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 Teacher Standards and Practices Commission or the Department of Education. The Teacher Standards and Practices Commission or the Department of Education 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 and the Department of Education are designated agencies for purposes of ORS 181.010 to 181.560 and 181.715 to 181.730.

(4) As used in this section, "subject individual" 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 for the purpose of a criminal records check.

(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.

(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 paragraphs (a) to (c) of this subsection 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 paragraphs (a) to (c) of this subsection 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.

(5) "Subject individual" does not include an individual described in subsection (4)(d), (e), (f), (h) or (i) of this section 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 period between the two periods of time of working in the district or private school.

(6) Nothing in this section shall be considered to require a subject individual as described in subsection (4)(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.

(7) 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) "School district" means:

(A) A school district as defined in ORS 330.003.

(B) The Oregon State School for the Blind.

(D) An educational program under the Youth Corrections Education Program.

(E) A public charter school as defined in section 2, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100) [of this 1999 Act].

SECTION 7. If Senate Bill 100 becomes law, 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, [or] the district school board or the public charter school employing the teacher or administrator is aggrieved at the decision of the commission, [either or both] 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 8. If Senate Bill 100 becomes law, ORS 342.143, as amended by section 11a, chapter 383, Oregon Laws 1997, 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 after August 20, 1957, has been convicted of a crime listed in ORS 163.095, 163.115, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.415, 163.425, 163.427, 163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575, 164.325, 167.007, 167.012, 167.017, 167.065, 167.070, 167.075, 167.080, 475.995 or 475.999, or after July 8, 1987, has been convicted of a crime listed in ORS 163.185, 163.408, 163.411, 163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition), 163.684, 163.686, 163.687, 164.415, 166.005, 166.087, 167.062, 167.087 or 167.090.

(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 9. If Senate Bill 100 becomes law, 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 (4)(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 10. If Senate Bill 100 becomes law, 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 subsection (2) of this section;

(b) Gross neglect of duty;

(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 11. If Senate Bill 100 becomes law, ORS 342.815 is amended to read:

342.815. As used in ORS 342.805 to 342.937 unless the context requires otherwise:

(1) Notwithstanding ORS 342.120, "administrator" includes any teacher the majority of whose employed time is devoted to service as a supervisor, principal, vice principal or director of a department or the equivalent in a fair dismissal district but shall not include the superintendent, deputy superintendent or assistant superintendent of any such district or any substitute or temporary teacher employed by such a district.

(2) "Board" means the board of directors of a fair dismissal school district.

(3) "Contract teacher" means any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next succeeding school year. The district school board may enter into agreements that provide for a shorter probationary period of not less than one year for teachers who have satisfied the three-year probationary period in another Oregon school district.

(4) "District superintendent" means the superintendent of schools of a fair dismissal district or, in the absence of the superintendent, the person designated to fulfill the superintendent's functions.

(5) "Fair dismissal district" means any common or union high school district or education service district.

(6) "Probationary teacher" means any teacher employed by a fair dismissal district who is not a contract teacher.

(7) "Program of assistance for improvement" means a written plan for a contract teacher that with reasonable specificity:

(a) Helps teachers adapt and improve to meet changing demands of the Oregon Educational Act for the 21st Century in ORS chapter 329 if applicable.

(b) Identifies specific deficiencies in the contract teacher's conduct or performance.

(d) Establishes the assessment techniques by which the district will measure and determine whether the teacher has sufficiently corrected the deficiencies to meet district standards.

(8) "Substitute teacher" means any teacher who is employed to take the place of a probationary or contract teacher who is temporarily absent.

(9) Notwithstanding ORS 342.120, "teacher" means any person who holds a teacher's license or registration as provided in ORS 342.125 or who is otherwise authorized to teach in the public schools of this state and who is employed half time or more as an instructor or administrator.

(10) "Temporary teacher" means a teacher employed to fill a position designated as temporary or experimental or to fill a vacancy which occurs after the opening of school because of unanticipated enrollment or because of the death, disability, retirement, resignation, contract non-extension or dismissal of a contract or probationary teacher.

SECTION 12. The State Board of Education, the Teacher Standards and Practices Commission and any school district may take all necessary actions to implement section 3 of this 1999 Act and the amendments to ORS 181.539, 342.125, 342.127, 342.143, 342.165, 342.175, 342.180, 342.223 and 342.815 by sections 2 and 4 to 11 of this 1999 Act and the amendments to section 17, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100), by section 1 of this 1999 Act prior to the operative date of section 3 of this 1999 Act and the amendments to ORS 181.539, 342.125, 342.127, 342.143, 342.165, 342.175, 342.180, 342.223 and 342.815 by sections 2 and 4 to 11 of this 1999 Act and the amendments to section 17, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100), by section 1 of this 1999 Act.

SECTION 13. Section 3 of this 1999 Act and the amendments to ORS 181.539, 342.125, 342.127, 342.143, 342.165, 342.175, 342.180, 342.223 and 342.815 by sections 2 and 4 to 11 of this 1999 Act and the amendments to section 17, chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100), by section 1 of this 1999 Act become operative 120 days after the effective date of chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100).

SECTION 14. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor May 27, 1999

Filed in the office of Secretary of State May 27, 1999

Effective date May 27, 1999

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