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The Oregon Administrative Rules contain OARs filed through October 15, 2014
 
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TEACHER STANDARDS AND PRACTICES COMMISSION

 

DIVISION 50

COMMISSION SANCTION

584-050-0002

Exercise of Commission Authority

Commission sanction, the exercise of authority granting, denying, or revoking a license, or registration is described in the following sections as it relates to particular circumstances.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.200 & 342.400
Hist.: TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 7-2007, f. & cert. ef. 12-14-07

584-050-0004 [Renumbered to 584-036-0095]

584-050-0005

Criteria for Granting Licenses

(1) The Executive Director may issue licenses, certificates or registrations, grant reinstatements, and renew licenses, certificates or registrations when each of the following conditions exists:

(a) All requirements established by law and rules have been met;

(b) The applicant has attained at least eighteen years of age and has furnished evidence satisfactory to TSPC of fitness to serve as an educator; and

(c) The Executive Director deems that an applicant’s response to any application character questions does not adversely affect his or her ability to serve as an educator.

(2) The Executive Director may delay action and refer the application to an investigator when a response to any application character question needs further investigation. The results of the investigation will be reported to the Commission once the investigation is completed.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 200 & 342.400
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 6-1980, f. & ef. 12-23-80; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 5-2013, f. & cert. ef. 11-14-13

584-050-0006

Criteria for Denying Issuance, Clearance or Reinstatement of Licenses

(1) The Executive Director may deny issuance of a license, certificate or registration, renewal of a license, certificate or registration; or reinstatement of a license, certificate or registration or PA-1 clearance for student teaching under the conditions set forth in subsection (3) below.

(2) The Executive Director may not deny reinstatement of a license that has been revoked. Reinstatement of a revoked license or registration is subject to OAR 584-050-0015.

(3) Notice of denial and right to a hearing without further investigation may be issued by the Executive Director when any of the following conditions exist:

(a) The applicant has been convicted of a crime listed in ORS 342.143(3)(a), or any substantially equivalent offense under the laws of another state; or

(b) The applicant refuses to consent to criminal records checks or refuses to be fingerprinted upon request.

(4) In a case not covered by this rule, the Executive Director will refer the application to investigation for future Commission consideration.

Stat. Auth.: ORS 181 & 342
Stat. Implemented: ORS 181.525, 342.120-342.200 & 342.400
Hist.: TS 1-1982, f. & ef. 1-5-82; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 1-1992, f. & cert. ef. 1-15-92; TS 6-1993, f. & cert. ef. 12-7-93; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-1998, f. & cert. ef. 6-5-98; TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 8-2009, f. & cert. ef. 12-15-09; TSPC 5-2013, f. & cert. ef. 11-14-13

584-050-0009

Procedures for Disciplinary Action in Certain Cases

(1) The Executive Director may issue a notice of hearing and statement of charges, on behalf of the Commission, against an educator who has been convicted of a crime listed in ORS 342.143 or who has admitted in the course of judicial proceeding or criminal prosecution conduct constituting a crime listed in ORS 342.143.

(2) The Executive Director may issue a notice of opportunity for hearing to an educator when the Executive Director has information that the educator has violated any term or condition of probation. Contested case hearings will be held in accordance with OAR 137-003-0501 through 137-003-0700.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 200 & 342.400
Hist.: TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 1-1994, f. & cert. ef. 1-25-94; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 6-2002, f. & cert. ef. 10-23-02; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07

584-050-0012

Fingerprinting and Criminal Background Checks

(1) An applicant for, student teaching, practicum or internship, initial Oregon licensure or reinstatement of an Oregon license that has been lapsed for three years or more must submit fingerprints for a criminal background check in accordance with ORS 342.223.

(2)(a) An applicant will be denied licensure pursuant to OAR 584-050-0009 if the applicant has been convicted of:

(A) Any of the crimes listed in ORS 342.143;

(B) An attempt of any of the crimes listed in ORS 342.143 in accordance with ORS 161.405; or

(C) Any substantially equivalent crime in another jurisdiction.

(b) A crime is deemed to be substantially equivalent when the Commission determines the underlying conduct is substantially similar to conduct that would have resulted in conviction of any crime listed in ORS 342.143.

(3) An applicant may be denied licensure if the applicant has been convicted of any crime involving the illegal use, sale or possession of controlled substances as defined in ORS 475.005(6).

(4) The Commission may take action against an applicant as a result of the criminal background check disclosing criminal conduct not listed in ORS 342.143 in accordance with ORS 342.175.

(5) If the applicant fails to provide fingerprints following application for licensure where fingerprints are required, the application will be found to be incomplete.

(6) Only original fingerprints submitted to TSPC will be accepted for clearance for any Oregon teaching license, registration or certification. Previously cleared fingerprints by the Oregon Department of Education or any employer are not acceptable to satisfy TSPC’s criminal background checks.

(7)(a) A candidate admitted to an Oregon educator licensure program may not be placed in any practicum, student teaching or internship placement where the candidate may be in unsupervised contact with any K-12 student until the fingerprint and criminal background check has been submitted to TSPC, completed and cleared by the TSPC Executive Director.

(b) Failure to comply with this provision may result in Commission sanction.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.534 & 342.223
Hist.: TS 2-1994, f. & cert. ef. 7-19-94; TS 5-1996, f. & cert. ef. 9-24-96; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 9-2012, f. & cert. ef. 9-14-12

584-050-0015

Reinstatement of Suspended, Revoked, or Surrendered License or Registration Generally

(1) A suspended, revoked, or surrendered license, charter school registration, or school nurse certificate may be reinstated if the applicant is otherwise qualified and complies with the other applicable provisions of rules in this division.

(2) Licenses, certificates or registrations that are revoked, suspended, or surrendered and eligible for reinstatement will be reinstated for the same period of time as an application for a new or renewed license or registration of that type if the license is a non-provisional license.

(3) The fee to reinstate a license is in addition to the application fee required to issue a new license. See OAR 584-036-0055.

(4) A denial of an application for reinstatement of a suspended or revoked license, certificate or registration is considered a suspension or revocation of that applicant’s right to apply for one year.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120-342.430, 342.455-342.495 & 342.553
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 3-1978, f. 7-24-78, ef. 1-1-79; TS 6-1980, f. & ef. 12-23-80; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 4-2000, f. & cert. ef. 7-17-00; TSPC 4-2001, f. & cert. ef. 9-21-01; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 3-2010, f. & cert. ef. 4-2-10; TSPC 6-2011, f. 8-15-11, cert. ef. 9-1-11; TSPC 5-2013, f. & cert. ef. 11-14-13

584-050-0016

Reinstatement of Suspended License, Registration, or Right to Apply for a License or Registration

(1) Six weeks prior to the expiration of the period of suspension, an educator may apply to have a suspended license or registration reinstated. However, no reinstatement will be effective until expiration of the suspension period.

(2) An application for reinstatement of a suspended license, registration or suspension of right to apply for a license or registration must include:

(a) A C-1 application form;

(b) A fee pursuant to OAR 584-036-0055; and

(c) A notarized affidavit from the applicant, together with requisite and additional documentation sufficient to establish convincingly that all terms and conditions of the suspension have been met satisfactorily and fulfilled.

(3) If the Executive Director is satisfied that the terms and conditions have been met successfully the Executive Director will reinstate the suspended license, registration or right to apply for a license or registration.

(4) If the Executive Director is not satisfied the terms and conditions have been met, the Director will make a recommendation to the Commission in executive session to deny reinstatement of the license.

(5) Before taking action on the Executive Director's recommendation, the Commission may schedule an informal meeting between the educator and the Commission in executive session. The decision to schedule or not to schedule an informal meeting is entirely at the Commission's discretion.

(6) If the Commission agrees with the Director's recommendation to deny the reinstatement, the Director will mail a copy of the recommendation of denial to the educator and notice of right to a hearing under ORS 342.175 and OAR 584-019-0002.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120 - 342.430, 342.455 - 342.495 & 342.553
Hist.: TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 6-2011, f. 8-15-11, cert. ef. 9-1-11

584-050-0018

Reinstatement of Revoked License, Registration, or Right to Apply for a License, Certificate or Registration

(1) Any revocation for conviction for crimes listed in ORS 342.143(3) is permanent and the license, certificate or registration is not eligible for reinstatement. All other revocations of a license, certificate or registration or right to apply for a license, certificate or registration are eligible for application for reinstatement.

(2) A first application for reinstatement of a license, certificate or registration revoked for any reason other than those cited in ORS 342.143(3) may be submitted at any time after the period of revocation has expired.

(3) The burden will be on the educator to establish fitness for reinstatement.

(4) The application for reinstatement must include:

(a) A C-1 application form;

(b) A fee pursuant to OAR 584-036-0055;

(c) A personal notarized affidavit attesting that:

(A) All the conditions of the order for revocation have been met; and

(B) That the educator has not violated any laws of the states, including ethical violations related to licensure, certificate or registration; and

(d) Any additional documentation, sufficient to establish convincingly that the educator possesses all of the qualifications required for first licensure or reinstatement of a license, certificate or registration. Letters of recommendations from educator colleagues are insufficient alone to establish fitness for licensure following a revocation. The educator must be clear regarding what proactive steps have been taken to ensure to the Commission that the conduct that resulted in the revocation is highly unlikely to occur again.

(5) Following review of the application for reinstatement pursuant to this section, the Executive Director may make a recommendation to the Commission regarding whether to approve or deny the application.

(6) The Executive Director or the Commission may require the educator to appear before the Commission in executive session prior to consideration of the application for reinstatement.

(a) It is entirely at the Commission’s discretion whether an educator may meet with the Commission under these circumstances.

(b) This subsection does not grant a right to any applicant to appear before the Commission prior to the Commission’s consideration of the application for reinstatement following a revocation.

(7) Consideration of the application for reinstatement will take place in executive session. The decision whether to reinstate a revoked license, certificate, registration or right to apply for a license, certificate or registration will take place in public session.

(8) If the Commission denies the application for reinstatement, or the right to apply for a license, certificate or registration, the Executive Director will mail a copy of the recommendation of denial to the educator and a notice of right to a hearing under ORS 342.175.

(9) The Commission’s denial of reinstatement pursuant to this rule is considered a revocation of the applicant’s right to apply and is effective for one full year from the date of the Commission’s final order of denial. The applicant may apply for reinstatement of the right to apply for licensure, certification or registration after one year from the date of the Commission’s final order of denial.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120-342.430, 342.455-342.495 & 342.553
Hist.: TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 8-2008, f. & cert. ef. 11-13-08; TSPC 6-2011, f. 8-15-11, cert. ef. 9-1-11; TSPC 5-2013, f. & cert. ef. 11-14-13

584-050-0019

Termination of Probation

(1) Promptly after the full term of probation has been completed, the educator must submit to the Commission a notarized affidavit from the applicant, together with requisite and additional documentation, sufficient to establish convincingly that all terms and conditions of the probation have been met successfully and fulfilled.

(2) If the materials submitted for termination of probation are satisfactory, the Executive Director will terminate the probation. If materials are incomplete or not found to be satisfactory, the Executive Director will make a recommendation regarding the probation to the Commission in executive session at the next regularly scheduled Commission meeting.

(3) Before taking action on the Executive Director's recommendation, the Commission may schedule an informal meeting between the educator and the Commission in executive session. The decision to schedule or not to schedule an informal meeting is entirely at the Commission's discretion.

(4) If the Commission does not terminate the probation, the educator will be entitled to a contested case hearing pursuant to ORS 342.175 and OAR 584-019-0002.

(5) The Executive Director may issue a charge and notice of opportunity for hearing to an educator on probation when the Executive Director has information that any term or condition of probation may have been violated. If the educator is unwilling to accept disciplinary action proposed by the Executive Director and approved by the Commission, the educator will be entitled to a contested case hearing under ORS 342.175 and OAR 584-019-0002.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120 - 342.200 & 342.400
Hist.: TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07

584-050-0020

Suspension for Resignation in Violation of Contract

(1) If a school board charges a teacher with violation of a contract under ORS 342.553, for failure to provide sixty days' notice prior to resignation, the Board must submit all of the following documents:

(a) A copy of the Board's resolution containing the teacher's notice of resignation and the Board's request for suspension of licensure;

(b) A copy of the teacher's contract;

(c) A copy of the applicable collective bargaining agreement;

(d) A statement from the superintendent describing the provisions of the agreement for resignations; and

(e) A statement from the superintendent attesting that the administration made it clear to the educator upon request for resignation that the district may submit the failure to provide 60-day notice to TSPC for consideration of discipline.

(2) A teacher who signs a contract renewal notice will be considered to have accepted the contract to teach the following year.

(3) Upon receipt of the information specified in section (1) of this rule, the Executive Director will refer the case to investigation and proceed pursuant to ORS 342.175 to 342.177.

Stat. Auth.: ORS 342
Stat. Implemented: ORS 342.553
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 6-1980, f. & ef. 12-23-80; TS 1-1982, f. & ef. 1-5-82; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 1-2000(Temp), f. & cert. ef. 1-18-00 thru 7-11-00; TSPC 2-2000, f. & cert. ef. 5-15-00; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 5-2014, f. & cert. ef. 8-5-14

584-050-0021

Reinstatement of Right to Apply for a License Following Revocation of a Provisional License

(1) Educators who are only eligible for a provisional license upon application for reinstatement or who have had a provisional license revoked and are applying for a right to apply for a non-provisional license, will be applying for reinstatement of the “right to apply” for any TSPC license whether the revocation order expressly stated the Commission revoked the educator’s “right to apply”.

(2) Non-Provisional Licenses or certificates include any pre-1965 Five-Year, Basic, Standard, Initial, Continuing, Nursing Certificate or Career and Technical Education II license.

(3) Provisional licenses, certificates or registrations include but are not limited to any: Emergency, Limited, Restricted Transitional, Charter School Registry, International Visiting Teaching, NCLB Alternative Route, Career and Technical Education License, except as noted in subsection (2) above, Transitional and Substitute licenses.

(4) Application for reinstatement of the right to apply for any license, certificate or registration revoked for any reason other than those cited in ORS 342.143(3) may be submitted at any time after the period of revocation has expired.

(5) The burden will be on the educator to establish fitness for reinstatement.

(6) The application for reinstatement must include:

(a) A C-1 application form;

(b) A fee pursuant to OAR 584-036-0055;

(c) A personal notarized affidavit attesting that:

(A) All the conditions of the order for revocation have been met; and

(B) That the educator has not violated any laws of the states, including ethical violations related to licensure, certificate or registration; and

(d) Any additional documentation, sufficient to establish convincingly that the educator possesses all of the qualifications required for first licensure or reinstatement of a license, certificate or registration. Letters of recommendations from educator colleagues are insufficient alone to establish fitness for licensure following a revocation. The educator must be clear regarding what proactive steps have been taken to ensure to the Commission that the conduct that resulted in the revocation is highly unlikely to occur again.

(7) Following review of the application for reinstatement pursuant to this section, the Executive Director may make a recommendation to the Commission regarding whether to approve or deny the application.

(8) All decisions to reinstate a revoked right to apply for a license, certificate, or registration under this rule or will be made by the Commission in executive session.

(9) The Executive Director or the Commission may require the educator to appear before the Commission in executive session prior to consideration of the application for reinstatement.

(a) It is entirely at the Commission’s discretion whether an educator may meet with the Commission under these circumstances.

(b) This subsection does not grant a right to any applicant to appear before the Commission prior to the Commission’s consideration of the application for reinstatement following a revocation.

(10) If the Commission denies the application for reinstatement, or the right to apply for a license, certificate or registration, the Executive Director will mail a copy of the recommendation of denial to the educator and a notice of right to a hearing under ORS 342.175.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120 - 342.430, 342.455 - 342.495 & 342.553
Hist.: TSPC 4-2012, f. & cert. ef. 5-18-12

584-050-0027

Surrender of License or Registration

(1) An educator may voluntarily surrender an Oregon license, charter school registration, or endorsement prior to its expiration date if the Commission finds that such action is in the best interest of the public.

(2) The surrender of a license will not stay an investigation or possible future commission action against the license, charter school registration or the educator.

(3) Where the Commission has grounds for disciplinary action against an educator under ORS 342.175 through 342.180 and the educator offers to surrender the license or charter school registration, the Executive shall require the educator to stipulate to pertinent facts and to the revocation or suspension of the license or charter school registration as a condition of the Commission's acceptance of the surrender of the license or charter school registration. All stipulated settlement agreements are subject to the Commission's approval.

(4) If the Commission and the educator cannot agree on a stipulation, the Commission will proceed with disciplinary proceedings.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 200
Hist.: TS 6-1980, f. & ef. 12-23-80; TS 1-1982, f. & ef. 1-5-82; TS 4-1985, f. 10-4-85, ef. 1-1-86; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 13-2006, f. & cert. ef. 11-22-06

584-050-0030

Serving Without Proper Licensure

(1) TSPC may deny a license if a person has served in violation of licensure assignment. Such denial shall extend either for one year from the date of application for licensure or for a period equal to the time served without licensure, whichever is less. The Executive Director may issue a notice of intent to deny the license and of opportunity for a hearing to the educator.

(2) Licensed persons must be assigned in accordance with the authorizations and endorsement(s) they hold or under provisions of the License for Conditional Assignment.

(3) Persons who serve in violation of licensure assignment rules and administrators who assign licensed persons in violation of licensure assignment rules may have such action considered as evidence of gross neglect of duty under ORS 342.175 and OAR 548-020-0040.

(4) TSPC may revoke or deny any license upon evidence that the holder or applicant knowingly made false statements to a prospective employing school district concerning the individual's licensure status or qualifications for assignment.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 11-2006, f. & cert. ef. 8-17-06; TSPC 8-2009, f. & cert. ef. 12-15-09; TSPC 2-2014, f. & cert. ef. 3-15-14

584-050-0035

Must be Licensed, Registered or Certified at All Times While Employed

(1) Any person hired to fill a position in a school district, education service district, or charter school for which a license or registration is required pursuant to ORS Chapter 342, must hold a valid license or registration appropriate for the assignment on the date the employment begins and at all times while working as a public school, education service district or charter school employee. (See OAR 584-036-0010 Personnel Required to Hold Licenses, Certificates or Charter School Registrations.)

(2) An application for licensure, registration or certification is insufficient to begin employment. If necessary, the employer may request an expedited Emergency License in cases where the application may not be processed immediately due to backlog.

(3) Failure to maintain proper licensure, registration or certification may constitute gross neglect of duty pursuant to OAR 584-020-0040(4)(r).

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.200 & 342.400
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 1-1980, f. & ef. 3-19-80; TS 1-1982, f. & ef. 1-5-82; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 8-2009, f. & cert. ef. 12-15-09

584-050-0040

Expiration and Continued Use of Expired Licenses and Registrations

(1) A license, certificate or registration expires on the date posted on the license or registration unless an application for renewal or upgrade to the next license is received by the Commission prior to that expiration date. If a license or registration expires, reinstatement requirements, including possible late fees must be met for further licensure, certification or registration.

(2) In spite of the expiration date, a license, certificate or registration identified in subsection (1) continues to be valid for a 120 day grace period after the date of expiration only for purposes of ORS 342.173 so long as the application and fee for renewal have been received by the TSPC office on or before the date of expiration of the license.

(a) Late applications will receive a grace period that does not exceed the amount of time the educator would have had if the application and fee had been received prior to the expiration date on the license, certificate or registration. (See subsection (3) below.)

(b) The period the license, certificate or registration was expired will show in the Commission’s records. The next license, certificate or registration will be issued from the date the application and fees were received if received after the expiration date on the license, certificate or registration.

(3) Unless an application for renewal and fee are received prior to the expiration date on the license, certificate or registration subject to this rule, the educator is not eligible to continue employment under the license or registration.

(a) If the application and full fee are received following the expiration date on a renewable license, then the educator becomes eligible to work on the expired license upon posting of the fee and activation of the grace period on the TSPC web site through the 120th day following the expiration of the license;

(b) If an application for renewal is late, an applicant may have to pay for an expedited license, certificate or renewal if there is insufficient time to issue the license, certificate or renewal before the 120 day grace period expires.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.430 & 342.985
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 2-1981(Temp), f. & ef. 8-17-81; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 2-2009, f. & cert. ef. 3-12-09; TSPC 6-2010, f. & cert. ef. 8-31-10; TSPC 5-2014, f. & cert. ef. 8-5-14

584-050-0042 [Renumbered to 584-036-0105]

584-050-0043 [Renumbered to 584-036-0110]

584-050-0060

Forfeiture for Service Without Proper Licensure

(1) Public school personnel are required by ORS Chapter 342 or the administrative rules of TSPC to hold valid licenses, registrations, or certificates appropriate to their assignments.

(2) TSPC may require a district to forfeit a portion of the State School Fund moneys due the district for each violation of licensure that takes place during a school year. The amount of forfeiture is determined by TSPC through procedures and criteria in OAR 584-050-0065 through 584-050-0067.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.173
Hist.: TS 1-1980, f. & ef. 3-19-80; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 6-2002, f. & cert. ef. 10-23-02; TSPC 2-2014, f. & cert. ef. 3-15-14

584-050-0065

Procedure for Determining Propriety and Amount of Forfeiture

(1) If the Commission obtains information indicating that a person has served without proper licensure, the Executive Director will notify the employing district of the potential violation of licensure and request the district's response to the charge.

(2) The district may deny that a violation of licensure has occurred. In that case, the district should present all reasons that the district believes no violation has occurred. If the Executive Director determines that, in fact, no violation has occurred, he or she will so notify the district superintendent and the district board. No further action will be taken by TSPC.

(3) The district may agree that a violation has occurred. In that case, the district should submit an explanation of all factors which the district believes explain the violation including the following as appropriate:

(a) Demographic characteristics of the district;

(b) Size of school;

(c) Local availability of licensed personnel and substitutes;

(d) Date the district first became aware the position in question required filling (e.g., date the district was notified of the resignation, illness, etc., of the previous employee in that position or, if a new position, date of its authorization);

(e) Prior violations by the district, regardless of whether any penalty was assessed therefore, or absence of prior violations;

(f) Opportunity and degree of difficulty to correct the violation;

(g) Efforts made by the district to correct the violation;

(h) Gravity and magnitude of the violation;

(i) Cause of the violation: e.g., unexpected emergency, unavoidable error, negligence, or an intentional act by the district;

(j) Best interests of the students and the public; and

(k) Any other factor or factors the district believes the Commission should consider.

(4) The district must submit its written explanation or denial within thirty calendar days after the notice required by section (1) of this rule was mailed, unless the Executive Director agrees to a longer period for response. The district must include at this time all grounds for justification of the violation. The Commission may refuse to consider any other grounds in any subsequent hearing on the matter.

(5) The Executive Director will consider any written explanation submitted by the district under section (3) of this rule and any other factors the Executive Director deems relevant and will make a preliminary determination as to whether the employment without proper licensure was justified. The Executive Director will also make a preliminary determination of the appropriate forfeiture, if any, of state school funds due the district. In making these determinations the Executive Director will apply the criteria for setting forfeitures stated in OAR 584-050-0066 and 584-050-0067.

(6) The Executive Director will inform the Commission of the preliminary determinations reached under section (5) of this rule. The Executive Director shall also notify the Commission when, despite a denial by the district, the Executive Director has determined that a violation has occurred. The Commission may adopt the Executive Director's determinations or may modify those determinations. The determination of the amount of forfeiture is not a contested case proceeding, so the district is not entitled to present argument unless requested by the Commission.

(7) The Executive Director will issue a Notice of Proposed Forfeiture and Opportunity for a Hearing and will send the notice to the district in accordance with OAR 584-050-0070.

(8) The district is entitled to a contested case hearing as indicated in OAR 584-050-0070.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.173
Hist.: TS 1-1980, f. & ef. 3-19-80; TS 2-1981(Temp), f. & ef. 8-17-81; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 7-2007, f. & cert. ef. 12-14-07

584-050-0066

Criteria for Setting Amount of Forfeiture

(1) The Commission will require any district which employs a person without proper licensure to forfeit the full amount of salary paid to the person for the period of service without proper licensure unless one of the conditions stated in sections (3) through (8) of this rule exists.

(2) In determining the number of days which a teacher has served without proper licensure, the Commission will include a teacher's inservice days and will not count the 120 calendar days past the license expiration date as permitted in OAR 584-050-0040:

(3) After consideration of the explanation of the district and any other factors deemed relevant, the Commission may determine that extraordinary circumstances justify a lesser forfeiture.

(4) No forfeiture will be assessed where the justification for employment without proper licensure is satisfactory to the Commission.

(5) A school district will be required to forfeit not more than $1,000 of State School Funds due the district if the license has lapsed during the time of employment with the district if the holder had at the time the license expired all the qualifications necessary to renew the license.

(a) Subject to any applicable collective bargaining agreement, a district required to forfeit any State School Funds under this section is entitled to recover one-half of the amounts forfeited from the licensed personnel whose unlicensed status caused the forfeiture.

(b) Recovery may not exceed one-half of the amounts forfeited that is attributed to the particular licensed person.

(6) The maximum forfeiture for a single incident of employment without proper licensure will be $5,000. "Single incident" means employment during a school year involving a single individual. Districts may be assessed the maximum forfeiture for each single incident of employment without proper licensure.

(7) If a License for Conditional Assignment is filed or an application for an emergency license is made, no forfeiture will be assessed for employment during the six-week reporting period.

(8)(a) No school district will be required to forfeit State School Funds solely as a result of payment for services from a private alternative education program or for the Licensure for Conditional Assignment of a teacher holding a valid Oregon teaching license in an alternative education program operated by the district.

(b) Education service districts will not be required to make payment to the State School Fund for the employment or assignments specified above.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.127, 342.135, 342.140, 342.143, 342.147, 342.165, 342.175 & 342.176
Hist.: TS 1-1982, f. & ef. 1-5-82; TS 5-1989(Temp), f. & cert. ef. 10-6-89; TS 7-1989, f. & cert. ef. 12-13-89; TS 2-1990, f. 6-1-90, cert. ef. 6-14-90; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 2-2014, f. & cert. ef. 3-15-14

584-050-0067

Setting Amount of Forfeiture During a Labor Dispute

(1) Notwithstanding provisions of OAR 584-050-0066 and 584-050-0070, if a school district employs a person not holding proper licensure in a position requiring licensure during a labor dispute, the district must forfeit the full amount of salary paid the person for each teaching day that the person was employed without licensure.

(2) Inservice days for teachers are not computed in the amount of forfeiture. See also ORS 342.173(3) regarding labor disputes.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.127, 342.135, 342.140, 342.143, 342.147, 342.165, 342.175 & 342.176
Hist.: TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 7-2007, f. & cert. ef. 12-14-07

584-050-0070

Notice of Commission's Determinations and Opportunity for a Hearing

(1) The Executive Director will notify the district superintendent and district board chair of the Commission's determinations concerning the alleged violation of licensure, the adequacy of the district's justification for the employment without proper licensure, and the amount of any forfeiture.

(2) The district is entitled to a contested case hearing on the matter if a written request for a hearing is received by the Commission within thirty days from the date of the notice. If the district does not submit a timely request for a hearing, the forfeiture will be imposed.

(3) The scope of a contested case hearing may be limited by the Commission to the justifying factors presented to the Executive Director in the district's written explanation. See OAR 584-050-0065(4) regarding the written explanation.

(4) Following the hearing, the Commission may affirm or deny the alleged violation, and may affirm, increase, or decrease the amount of forfeiture.

(5) The Commission will make its determinations based on the particular facts of each case, recognizing that this may result in variations in the amounts of penalties ordered.

Stat. Auth.: ORS 183 & 342
Stats. Implemented: ORS 183.310 - 183.550 & 342.173
Hist.: TS 1-1980, f. & ef. 3-19-80; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 7-2007, f. & cert. ef. 12-14-07

584-050-0100

Fingerprinting of Subject Individuals

(1) Definitions:

(a) "Applicant" means a subject individual for whom fingerprint cards and other required information have been submitted to the Commission for a criminal history check and review;

(b) “Conviction” means: For purposes of criminal background checks pursuant to ORS 342.223 conducted in relation to individuals subject to such criminal background verification, the following definitions of "conviction" of a crime applies:

(A) Any adjudication in any criminal court of law, in this state or in any other jurisdiction, finding the individual committed a crime. A crime is an offense for which a sentence of imprisonment is authorized and generally refers to any felony or misdemeanor.

(B) Any adjudication in a juvenile proceeding, in this state or in any other jurisdiction, determining that the individual committed an offense, which if committed by an adult, would constitute a crime listed in ORS 342.143.

(C) Any conduct which resulted in mandatory registration reporting as a sex offender in this state or any other jurisdiction. A later court order or other action relieving the individual of the sex offender registration/reporting requirement does not effect the status of the conduct as a conviction for purposes of this rule.

(D) Any plea of guilty, no contest or nolo contendere in connection with a crime, in this state or in any other jurisdiction.

(E) A conviction exists for purposes of this rule, regardless of whether a dismissal was later entered into the record in connection with a diversion or on any sort of deferred adjudication or delayed entry of judgment.

(F) A conviction exists for purposes of this rule even if a crime was expunged or removed from the record of the individual under the laws of another jurisdiction if the crime would be ineligible under ORS 137.225 for expunction or removal from the record if the conviction had occurred in Oregon. A conviction does not exist where an Oregon court has expunged or otherwise removed a conviction from the record of an individual.

(G) A conviction does not exist, except as noted above, only where there was a judicial adjudication that the individual did not commit the offense in question, or when a conviction, adjudication or plea is overturned by an appellate court of record and no later conviction, adjudication or plea indicating the individual committed the offense in question is on the record.

(c) "Fee" means the total charges for processing each fingerprint card submitted. The fee amount shall be as specified in OAR 584-036-0055.

(d) "Information to be required" means all information requested by the Commission for processing the fingerprint application, including the following:

(A) One properly completed FBI fingerprint card;

(B) A properly completed TSPC form for fingerprint handlers;

(C) Certified court records of any arrests or criminal convictions; (See, definition of “convictions,” above;) and

(D) A full explanation of the circumstances surrounding the arrest or conviction, signed and dated within the 30 days prior to submission to the commission.

(e) “Initial Issuance of a school nurse certificate” means: Any school nurse certificate if the applicant has not held an active TSPC certificate within the previous three years from the date of the application.

(f) “Initial Issuance of a charter school registration” means: Any charter school registration if the applicant has not held an active TSPC registration or license within the previous three years from the date of the application.

(g) “Student Teaching, Practicum or Internship” means: any placement of a student admitted to a commission-approved educator preparation program in a public or private school, charter school or other educational setting.

(h) "Subject individual" means:

(A) A person 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 person has not submitted to a criminal records check by the commission within the previous three years.

(B) A person who is applying for reinstatement of a license as a teacher, administrator or personnel specialist whose license has lapsed for more than three years prior to the date of application.

(C) A person who is applying for initial issuance of a certificate under ORS 342.475 as a school nurse.

(D) A person who is registering with the commission for student teaching, practicum or internship as a teacher, administrator or personnel specialist, if the person has not submitted to a criminal records check by the commission within the previous three years for student teaching, practicum or internship as a teacher, administrator or personnel specialist.

(E) A person who is applying for initial issuance of a registration as a public charter school teacher or administrator under ORS 342.125.

(2) Certified LEDS personnel will review the criminal records of subject individuals upon the submission of the required fingerprints and state forms. The Executive Director or designee will establish a record of criminal history status.

(3) The TSPC shall not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS (Law Enforcement Data Systems) personnel at the Commission’s office in Salem.

(4) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted will be denied licensure, registration or certification.

(5) Subject individuals who have been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number, will be denied licensure, certification or registration. The crimes listed in ORS 342.143 are:

(a) ORS 163.095 -- Aggravated Murder;

(b) ORS 163.115 -- Murder;

(c) ORS 163.185 -- Assault in the First Degree;

(d) ORS 163.235 -- Kidnapping in the First Degree;

(e) ORS 163.355 -- Rape in the Third Degree;

(f) ORS 163.365 -- Rape in the Second Degree;

(g) ORS 163.375 -- Rape in the First Degree;

(h) ORS 163.385 -- Sodomy in the Third Degree;

(i) ORS 163.395 -- Sodomy in the Second Degree;

(j) ORS 163.405 -- Sodomy in the First Degree;

(k) ORS 163.408 -- Unlawful Sexual Penetration in the Second Degree;

(l) ORS 163.411 -- Unlawful Sexual Penetration in the First Degree;

(m) ORS 163.415 -- Sexual Abuse in the Third Degree;

(n) ORS 163.425 -- Sexual Abuse in the Second Degree;

(o) ORS 163.427 -- Sexual Abuse in the First Degree;

(p) ORS 163.432 -- Online Sexual Corruption of a Child in the Second Degree;

(q) ORS 163.433 -- Online Sexual Corruption of a Child in the First Degree;

(r) ORS 163.435 -- Contributing to the Sexual Delinquency of a Minor;

(s) ORS 163.445 -- Sexual Misconduct;

(t) ORS 163.465 -- Public Indecency;

(u) ORS 163.515 -- Bigamy;

(v) ORS 163.525 -- Incest;

(w) ORS 163.547 -- Child Neglect in the First Degree;

(x) ORS 163.575 -- Endangering the Welfare of a Minor;

(y) ORS 163.670 -- Using Child in Display of Sexually Explicit Conduct;

(z) ORS 163.675 (1985 Replacement Part) -- Sale or Exhibition of Visual Reproduction of Sexual Conduct by a Child;

(aa) ORS 163.680 (1993 Edition) -- Paying for Viewing Sexual Conduct Involving a Child;

(bb) ORS 163.684 -- Encouraging Child Sexual Abuse in the First Degree;

(cc) ORS 163.686 -- Encouraging Child Sexual Abuse in the Second Degree;

(dd) ORS 163.687 -- Encouraging Child Sexual Abuse in the Third Degree;

(ee) ORS 163.688 -- Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree;

(ff) ORS 163.689 -- Possession of Materials Depicting Sexually Explicit Conduct of a Child in the Second Degree;

(gg) ORS 164.325 -- Arson in the First Degree;

(hh) ORS 164.415 -- Robbery in the First Degree;

(ii) ORS 166.005 -- Treason;

(jj) ORS 166.087 -- Abuse of a Corpse in the First Degree;

(kk) ORS 167.007 -- Prostitution;

(ll) ORS 167.012 -- Promoting Prostitution;

(mm) ORS 167.017 -- Compelling Prostitution;

(nn) ORS 167.054 -- Furnishing Sexually Explicit Material to a Child

(oo) ORS 167.057 -- Luring a Minor

(pp) ORS 167.062 -- Sadomasochistic Abuse for Sexual Conduct in a Live Show;

(qq) ORS 167.075 -- Exhibiting Obscene Performance to a Minor;

(rr) ORS 167.080 -- Displaying Obscene Materials to a Minor;

(ss) ORS 167.090 -- Publicly Displaying Nudity or Sex for Advertising Purposes;

(tt) ORS 475.848 -- Unlawful manufacture of heroin within 1,000 feet of school;

(uu) ORS 475.852 -- Unlawful delivery of heroin within 1,000 feet of school;

(vv) ORS 475.858 -- Unlawful manufacture of marijuana within 1,000 feet of school;

(ww) ORS 475.860 -- Unlawful delivery of marijuana;

(xx) ORS 475.862 -- Unlawful delivery of marijuana within 1,000 feet of school;

(yy) ORS 475.864(4) -- Possession of less than 1 ounce of marijuana within 1,000 feet of school;

(zz) ORS 475.868 -- Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(aaa) ORS 475.872 -- Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(bbb) ORS 475.878 -- Unlawful manufacture of cocaine within 1,000 feet of school;

(ccc) ORS 475.880 -- Unlawful delivery of cocaine;

(ddd) ORS 475.882 -- Unlawful delivery of cocaine within 1,000 feet of school;

(eee) ORS 475.888 -- Unlawful manufacture of methamphetamine within 1,000 feet of school;

(fff) ORS 475.890 -- Unlawful delivery of methamphetamine;

(ggg) ORS 475.892 -- Unlawful delivery of methamphetamine within 1,000 feet of school;

(hhh) ORS 475.904 -- Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; or

(iii) ORS 475.906 -- Penalties for distribution to minors.

(6) Subject individuals who have been convicted of any of the crimes listed in ORS 161.405 or an attempt to commit any of the crimes listed in subsection (5) this rule shall be refused licensure, certification, or registration.

(7) Subject individuals who have been convicted of crimes involving the illegal use, sale or distribution of controlled substances may be refused licensure, certification or registration.

(8) Subject individuals who have been convicted of any crimes in any jurisdictions may be required 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 licensed educator, registered charter school educator or certified school nurse.

(9) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(10) If it is appears that a subject individual has made a false statement or has been convicted of crimes under subsection (5) or subsection 6 of this rule, the case will be referred to an investigator for further investigation. All investigation reports generated under this rule will be reviewed by the Commission pursuant to ORS 342.176.

(11) Subject individuals may be issued a temporary Emergency License pending the return of the criminal background check from the Oregon State Police and the Federal Bureau of Investigation.

(12) Only cards and forms approved by the Commission will be accepted. The Commission will return any incomplete or incorrectly completed fingerprint cards and associated forms without taking any other action. It is up to the applicant to resubmit valid fingerprints in order to have any application for student teaching criminal record clearance, licensure, registration or certification.

Stat. Auth.: ORS 342, 181
Stats. Implemented: ORS 342.143, 342.175 - 342.180, 342.223, 342.227, 181.534,
Hist.: TSPC 2-2009, f. & cert. ef. 3-12-09; TSPC 3-2010, f. & cert. ef. 4-2-10

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