Giving Reasonable Notice to Interested Persons on Any Proposal by the Teacher Standards and Practices Commission to Adopt, Amend, or Repeal Any Rule
Prior to the adoption, amendment, or repeal of any permanent rule, the Commission shall give notice of the proposed adoption, amendment, or repeal:
(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule.
(2) By mailing a copy of the Notice to persons on the Commission's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule.
(3) By mailing a copy of the notice to the following:
(a) Associated Press and United Press;
(b) State Board of Education and Superintendent of Public Instruction;
(c) Chancellor's Office and Deans and Directors of Teacher Education Programs;
(d) Confederation of Oregon School Administrators;
(e) Oregon Association of School Personnel Administrators;
(f) Oregon Education Association;
(g) Oregon Office of Degree Authorization;
(h) Oregon Federation of Teachers;
(i) Oregon School Board's Association;
(j) Oregon Alliance for Health, Physical Education, Recreation and Dance;
(k) Oregon Association for Educational Communication and Technology;
(l) Oregon Council for Exceptional Children;
(m) Oregon Reading Association;
(n) International Technology Education Association;
(o) Oregon Association for the Education of Young Children;
(p) Oregon School Counselor Association;
(q) Oregon School Psychologists Association;
(r) Oregon Council for the Social Studies;
(s) Oregon Council for Teachers of English;
(t) Oregon Council of Teachers of Mathematics;
(u) Oregon Science Teachers Association; and
(v) Commission on Indian Services
Stat. Auth.: ORS 183 & ORS 342
Stats. Implemented: ORS 183.335 & ORS 183.341
Hist.: TS 12, f. & ef. 9-29-76; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 1-1988, f. 1-14-88, cert. ef. 1-15-88; TS 3-1988, f. & cert. ef. 4-7-88; TS 9-1994, f. & cert. ef. 11-21-94; TSPC 5-2000, f. & cert. ef. 9-20-00; TSPC 6-2002, f. & cert. ef. 10-23-02
Model Rules of Procedure
The Attorney General's Hearing Officer Panel Rules of Procedure, OAR 137-003-0501 to 137-003-0700 effective in December 1999, and the Collaborative Dispute Resolution Rules, OAR 137-005-0020 to 137-005-0050, effective in October 2001, and Model Rules of Procedure, OAR 137-001-0005 to 137-001-0080, effective in December 2003 are by this reference adopted as the rules of procedure for the Teacher Standards and Practices Commission and shall be controlling except as otherwise required by statute or rule.
[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Teacher Standards and Practices Commission.]
Stat. Auth.: ORS 183
Stats. Implemented: ORS 183.341
Hist.: TS 1, f. 7-31-73, ef. 7-15-73; TS 6, f. 11-21-73, ef. 12-25-73; TS 13, f. 12-20-76, ef. 1-1-77; Renumbered from 584-021-0100; TS 5-1978, f. & ef. 11-1-78; TS 4-1980, f. & ef. 7-29-80; TS 2-1982, f. & ef. 4-16-82; TS 7-1983, f. & ef. 12-14-83; TS 8-1986, f. 12-19-86, ef. 1-15-87; TS 3-1988, f. & cert. ef. 4-7-88; TS 4-1991, f. & cert. ef. 3-12-91; TS 9-1994, f. & cert. ef. 11-21-94; TSPC 1-2000(Temp), f. & cert. ef. 1-18-00 thru 7-11-00; TSPC 2-2000, f. & cert. ef. 5-15-00; TSPC 7-2005, f. & cert. ef. 8-24-05
Access to Information in Licensure Files
Oregon law establishes the right of public access to general information in files maintained by public agencies while reserving the right to withhold certain information potentially injurious to the affected party. The Commission makes available to the public information in licensure files subject to the following rules:
(l) General information available to the public shall include: the person's license type and status, academic degree(s) and the institutions awarding them, the date and place of birth, the names and addresses of verified educational employers, and orders adopted by the Commission as a result of disciplinary proceedings, if any.
(2) Personal information not routinely furnished the general public shall include: social security number, home address and telephone number, transcripts of credits and grades, reports of educational experience that include personal comments, and other forms or papers containing personal opinions about the educator.
(3) All requests for general information shall be in writing, with the exception of requests covered by section (7) of this rule.
(4) With the exception of requests covered by section (7) of this rule, a charge of $5 shall be made to process a written request for general information.
(5) All requests for personal information shall be in writing, with the exception of requests covered by section (7) of this rule, and shall provide clear and convincing evidence of public interest in disclosure or a showing that disclosure of the record will not constitute an unreasonable invasion of privacy. Upon receipt of a request for personal information, the Executive Director shall notify the educator by certified and first class mail that personal information has been requested and that he or she has an opportunity to show that making disclosure as requested will unreasonably invade privacy. The Executive Director shall determine, based on the evidence of public interest and showing of unreasonable invasion of privacy, whether exemption from disclosure is justified and shall release the record or deny the request for disclosure.
(6) With exception of requests covered by section (7) of this rule, a charge of $15 shall be made to process a written request for personal information.
(7) General and personal information in licensure files may be provided by letter, telephone or facsimile, at no cost, to the director of teacher education or his or her designee at a teacher education institution, a school district superintendent or personnel officer, or an Oregon judge or district attorney.
Stat. Auth.: ORS 183, ORS 192 & ORS 283
Stats. Implemented: ORS 183, ORS 192.440 & ORS 283.110
Hist.: TS 13, f. 12-20-76, ef. 1-1-77; TS 2-1982, f. & ef. 4-16-82; TS 1-1987, f. & ef. 3-3-87; TS 1-1992, f. & cert. ef. 1-15-92; TS 7-1992, f. 12-17-92, cert. ef. 1-15-93; TS 1-1996, f. & cert. ef. 1-29-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
Public Records and Related Fees for Records and Services
(1) Oregon statutes permit the Commission to establish fees reasonably calculated to reimburse it for actual costs in making records and information available to the public, government agencies, colleges and universities, organizations, or school districts.
NOTE: See ORS 283.110 regarding charges for state agencies and ORS 192.440 regarding charges for the public, institutions, and organizations.
(2) The Commission reserves the right to not charge for records and information if the cost of fee collection would exceed the cost of providing the information or when information is exchanged with the requesting agency, institution, organization, or district and the Commission, in turn, is not charged for information it obtains.
(3) In establishing the cost for records and information, the Commission shall consider computer costs, staff time, printing and duplicating costs, and overhead. Computer costs include programming, materials, and computer time. Staff time includes all time spent in retrieval and duplication of information as well as telephone time, typing, computer operation, and mailing. Overhead includes bookkeeping and accounting, postage and mail service, equipment maintenance, central government services, and general services charges.
(4) The cost of printed reports and publications shall be established by the Executive Director at the time of printing, considering the factors listed in section (3) of this rule.
(5) The cost of Chapter 584 of Oregon Administrative Rules shall be $8.00.
(6) The cost of photocopied records and information shall be 50 cents per page.
(7) The cost of other records and information shall be established by the Executive Director when the request is received. Persons requesting the records and information will be informed of the cost before the services are performed.
Stat. Auth.: ORS 192 & ORS 283
Stats. Implemented: ORS 192.440 & ORS 283.110
Hist.: TS 2-1982, f. & ef. 4-16-82; TS 1-1986, f. & cert. ef. 1-29-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
Personal Service Contracts
(1) The Teacher Standards and Practices Commission occasionally requires the services of a consultant to accomplish all or part of a project. This rule establishes procedures to be followed for screening and selection of Personal Service Contractors.
(2) The Executive Director is authorized to enter into personal service contracts for assignments approved by the Commission, such as investigators for discipline cases, within the expenditure limitations established by the legislature. Personal service contracts for other tasks not previously a part of TSPC's legislatively-approved budget shall be approved by the Commission prior to initiating work on the contract.
(3) The Commission will contract for consultant services when: the specialized skills, knowledge, and resources are not available within the Commission or its staff; when the work cannot be done in a reasonable time with the Commission's own work force; when an independent and impartial evaluation of a situation is required by a consultant with recognized professional expertise and stature in a field; or when it will be less expensive to contract for the work.
(4) A personal service contract with a consultant who is a member of the Public Employees Retirement System (PERS) and who is employed in another state agency will normally be in the form of an interagency agreement. If such an agreement is impractical and the work will be done strictly on the consultant's own time, a regular Personal Service Contract will be established.
(5) A personal service contract shall establish the specific duties to be performed, the standards of performance to be met with the product, and a delivery schedule for completion. The letter of agreement shall indicate the consideration for services to be performed and the nature and amount of reimbursement for expenses, if any.
(6) Contracts of $1,000 or less may be initiated by the Executive Director and submitted to Department of Administrative Services (DAS) contract administrator following execution of the contract. Contracts in excess of $1,000, but less than $25,000, shall be approved by DAS prior to execution of the contract. Contracts of $25,000 or more shall be submitted to the Attorney General's office for review of legal sufficiency and shall be approved by DAS prior to execution. Contracts for computer services and programming shall be submitted to DAS for review. Copies of all contracts shall be filed with DAS contract officer and with TSPC's accountant in DAS.
(7) A contract file will be maintained by the Commission. The file will contain a complete record of the actions involved in developing and administering the contract including the following:
(a) Statement of agency justification for the contract;
(b) Written justification in lieu of competitive procurements when negotiation is used for personal service contracts in excess of $2,500 per agreement per fiscal year;
(c) Methodology/rationale by which rates are established for contracts in excess of $2,500 per agreement per fiscal year may include the following:
(A) A copy of the request for approval;
(B) List of prospective contractors who were requested to submit proposals;
(C) Method used to advertise/notify other possible prospective contractors;
(D) A copy of each proposal;
(E) Method of evaluating proposals;
(F) Record of negotiations and results;
(G) How the contractor was selected including the basis for awarding contract;
(H) Resulting contract, if awarded.
(d) All contracts of $2,500 per agreement or less should include:
(A) The names of firms or individuals and cost estimates/quotes considered;
(B) The basis for selection of the contractor;
(C) How reasonableness of price was determined.
(8) In accordance with ORS 670.600, the Commission shall certify that the contracted work meets the following standards:
(a) The individual or business entity providing the labor or services is free from direction and control over the means and manner of providing the labor or services, subject only to the right of the person for whom the labor or services are provided to specify the desired results;
(b) The individual business entity providing labor or services is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local government ordinances for the individual or business entity to conduct the business;
(c) The individual or business entity providing labor or services furnishes the tools or equipment necessary for performance of the contracted labor or services;
(d) The individual or business entity providing labor or services has the authority to hire and fire employees to perform the labor or services;
(e) Payment for the labor or services is made upon completion of the performance of specific portions of the project or is made on the basis of an annual or periodic retainer.
(9) In accordance with ORS 670.600, the independent contractor shall certify he or she meets the following standards:
(a) The individual of business entity providing labor or services is registered under ORS chapter 701, if the individual or business entity provides labor or services for which such registration is required;
(b) Federal and state income tax returns in the name of the business or a business Schedule C or farm Schedule F as part of the personal income tax return were filed for the previous year if the individual business or business entity performed labor or services as an independent contractor in the previous year; and
(c) The individual or business entity represents to the public that the labor or services are to be provided by an independently established business. Except when an individual or business entity files a Schedule F as part of the personal income tax returns and the individual or business entity performs farm labor or services that are reportable on Schedule C, an individual or business entity is considered to be engaged in an independently established business when four or more of the following circumstances exist:
(A) The labor or services are primarily carried out at a location that is separate from the residence of an individual who performs the labor or services, or are primarily carried out in a specific portion of the residence, which portion is set aside as the location of the business;
(B) Commercial advertising or business cards as is customary in operating similar businesses are purchased for the business, or the individual or business entity has a trade association membership;
(C) Telephone listing and service are used for the business that is separate from the personal residence listing and service used by an individual who performs the labor or services;
(D) Labor or services are performed only pursuant to written contracts;
(E) Labor or services are performed for two or more different persons within a period of one year; or
(F) The individual or business entity assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided.
Stat. Auth: ORS Ch. 342
Stats. Implemented: ORS 342.120, 342.135, 342.140, 342.147 & 342.165
Hist.: TS 7-1992, f. 12-17-92, cert. ef. 1-15-93; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97