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

 

DIVISION 100

NO CHILD LEFT BEHIND

584-100-0002

Purpose of Rules Related to Highly Qualified Teachers

(1) These rules establish requirements and procedures under the federal Elementary-Secondary Education Act (ESEA), formerly known as the No Child Left Behind Act that mandates all teachers in core academic areas meet the law's definition of "highly qualified" by the end of the 2005-2006 school year.

(2) Additionally, after the first day of the 2002-2003 school year, all teachers hired in all programs supported with ESEA Title IA funds or hired with ESEA Title IIA funds to specifically reduce class size must be "highly qualified."

(3) Teachers new to Oregon licensure must first be evaluated under the existing Oregon administrative rules to become licensed, and then meet the requirements for "highly qualified teacher" appropriate for the license with which they qualify.

(4) The rules in division 100 apply only to ESEA core academic subjects.

(5) These rules are advisory only as they relate to the consequences for not meeting the definition of "highly qualified teacher" as defined in the federal ESEA. The Commission has promulgated these rules to assist school districts and charter schools in making determinations whether teachers in core academic subjects meet the federal definition for "highly qualified teacher."

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 2-2007, f. & cert. ef. 4-23-07; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0006

Definitions

These definitions apply only to division 100.

(1) "Advanced Credential or Advanced Certification" for teachers holding middle level or high school authorization levels:

(a) A Continuing Teaching License; or

(b) A Standard Teaching License with a Standard endorsement in the core academic subject; or

(c) A certificate from the National Board for Professional Teaching Standards in the core academic subject area.

(2) "Bachelor's Degree":

(a) A degree obtained from a regionally accredited institution in the United States; or

(b) A degree from a foreign institution that is appropriately accredited as affirmed through the Oregon Office of Degree Authorization; or

(c) A higher degree in the arts or sciences or an advanced degree in the professions from a regionally-accredited institution may validate a non-regionally accredited bachelor's degree.

(3) "Complete School Year": Any related teaching assignment for 135 instructional days in a school year. Exceptions may be appealed to the Executive Director pursuant to OAR 584-052-0027.

(4) "Core Academic Subjects":

(a) English (Language Arts);

(b) Reading or Language Arts (Reading or Language Arts)

(c) Mathematics (Basic or Advanced Mathematics);

(d) Science (Integrated Science, Biology, Chemistry, or Physics);

(e) Foreign Languages (Spanish, French, German);

(f) Civics and Government (Social Studies);

(g) Economics (Social Studies);

(h) Arts (Art or Music);

(i) History (Social Studies);

(j) Geography (Social Studies).

(5) "Elementary Classroom": Any combination of self-contained classrooms in grades preprimary through six in any school identified as an elementary school pursuant to OAR 581-022-0102(25).

(6) "Elementary Teacher": An educator teaching in a self-contained classroom grades preprimary through six.

(7) "Middle-level Classroom": Any classrooms in grades seven or eight.

(8) "New to the Profession": A teacher who has been teaching on an approved license in any U.S. jurisdiction in a public or regionally accredited private school less than three complete school years. (See definition of "Complete School Year" above)

(9) "Newly Hired Teacher": A teacher hired after the first day of the 2002-2003 school year in a Title IA program or Title IA school-wide program. The teacher is not considered "newly hired" if the teacher is already employed in the district and transferred into a Title IA program or Title IA school-wide program.

(10) "Not New to the Profession": A teacher who has been teaching on an approved license in any U.S. jurisdiction in a public or private school for a total of three or more complete school years. (See definition of "Complete School Year" above.)

(11) "Rigorous State Test":

(a) The appropriate commission approved licensure subject-matter test for elementary, middle-level and high school; or

(b) Another state's subject-matter licensure exam designated as a "rigorous state test."

(12) "Secondary School or high school":

(a) A combination of grades ten through twelve in districts providing a junior high school containing grade nine; or

(b) Any combination of grades seven through twelve organized as a separate unit; or

(c) Grades seven through twelve housed with grades preprimary through twelve if grades seven and eight are departmentally organized.

(13) "Self-contained Classroom": An assignment for teaching in grades preprimary through six in which the teacher has full responsibility for the curriculum.

(14) "Subject-matter competency": Subject matter competency may be demonstrated through any one of the following:

(a) Passing the appropriate "rigorous state test;" or

(b) Having a major in the subject-matter area (does not apply to elementary endorsements or authorizations); or

(c) Having coursework equivalent to a major in the subject-matter area (does not apply to elementary endorsements or authorizations); or

(d) Having a graduate degree in the subject matter area (does not apply to elementary endorsements or authorizations); or

(e) Satisfying the Highly Objective Uniform State Standard of Evaluation (HOUSSE) requirements set forth in these rules if the educator has taught three complete years or more.

(15) "Undergraduate Major or Coursework Equivalent to a Major": Thirty-four (34) quarter hours or twenty-three (23) semester hours of undergraduate or graduate coursework in core academic subject matter numbered 100 level or above, from a regionally accredited college or university. (See definition of "Bachelor's Degree" for undergraduate credits obtained from an unaccredited college or university.)

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.120 - 342.430 & 342.985
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 4-2008(Temp), f. & cert. ef. 6-5-08 thru 11-30-08; TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 2-2009, f. & cert. ef. 3-12-09; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0007

Licenses Considered "Full State Licensure"

The following Oregon Teaching Licenses are considered to meet “full state licensure” under the federal ESEA:

(1) Basic Teaching License;

(2) Standard Teaching License;

(3) Initial, Initial I and Initial II Teaching Licenses;

(4) Continuing Teaching License;

(5) Five-Year Elementary Teaching License;

(6) Five-Year Secondary Teaching License;

(7) Approved ESEA Alternative Route Teaching License;

(8) International Visiting Teacher; or

(9) Charter School Registry.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 1-2013, f. & cert. ef. 2-14-13; Renumbered from 584-100-0101 by TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0008

Licenses Not Considered to be "Full State Certification"

The following Oregon Teaching Licenses are not considered full state licensure under the federal Elementary and Secondary Education Act (ESEA):

(1) Personnel Service License:

(a) School Counseling;

(b) School Psychologist;

(c) Supervisor; or

(d) School Social Worker

(2) Limited Student Services License;

(3) Restricted or unrestricted Transitional Counselor License;

(4) Restricted or unrestricted School Psychologist License;

(5) Teaching Associate License;

(6) Substitute Teaching License;

(7) American Indian Languages License;

(8) Emergency Teaching License;

(9) Restricted Transitional Teaching License (See OAR 584-100-0041 for possible Approved ESEA Alternative Route Teaching License eligibility.);

(10) Limited Teaching License;

(11) License for Conditional Assignment;

(12) Any Career and Technical Education License; or

(13) Any Administrative License.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 1-2013, f. & cert. ef. 2-14-13; Renumbered from 584-100-0106 by TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0011

Highly Qualified Elementary Teacher New to the Profession

Teachers new to the profession teaching multiple subjects (elementary curriculum) in grades kindergarten (K) through six (6) in an Oregon elementary school must meet the following criteria in order to meet the federal definition of "highly qualified teacher." The teacher must:

(1) Hold a bachelor’s degree;

(2) Hold a Basic, Initial, Initial I, or an Approved ESEA Alternative Route Teaching License;

(3) Have passed a rigorous Commission-adopted multiple subjects elementary examination; and

(4) Be properly assigned in grades kindergarten (K) through six (6).

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 5-2012, f. & cert. ef. 5-18-12; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0016

Highly Qualified Elementary Teacher Not New to the Profession

Teachers not new to the profession teaching multiple subjects in grades kindergarten (K) through six (6) must meet the following criteria in order to meet the federal definition of "highly qualified teacher." The teacher must:

(1) Hold a bachelor’s degree;

(2) Hold a Basic, Standard, Initial, Continuing, Pre-1965 Five-Year Elementary Teaching License;

(3) Demonstrate subject-matter competency by passing a rigorous Commission-adopted elementary education examination appropriate for grades kindergarten (K) through six (6); or

(4) Demonstrate competency by meeting the following High Objective Uniform State Standards of Evaluation (HOUSSE):

(a) To qualify for HOUSSE, a teaching license must have been awarded prior to July 1, 2007 and a minimum of three years teaching experience in elementary education must have occurred prior to July 1, 2009; and

(b) Complete an approved elementary teacher education program or the coursework equivalent to sixty-quarter hours distributed as follows:

(A) Eighteen quarter or twelve semester hours in language arts;

(B) Twelve quarter or eight semester hours in mathematics;

(C) Nine quarter or six semester hours in science;

(D) Nine quarter or six semester hours in U.S. history, cultural geography, and other social sciences;

(E) Three quarter or two semester hours in health education;

(F) Three quarter or two semester hours in physical education;

(G) Three quarter or two semester hours in music education; and

(H) Three quarter or two semester hours in art education; and

(5) Be properly assigned in grades kindergarten (K) through six (6).

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 5-2012, f. & cert. ef. 5-18-12; TSPC 1-2013, f. & cert. ef. 2-14-13; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0017

Highly Qualified Elementary Teachers Teaching Title I or Remedial Reading

All full state licensed teachers assigned to teach Title I or remedial reading in grades K-6 must hold:

(1) Either a Basic or Standard Elementary Teaching License and be properly assigned to teach Title I or remedial reading at .49 FTE or less; or

(2) A Reading Specialist Endorsement.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 5-2012, f. & cert. ef. 5-18-12; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0021

Highly Qualified Middle Level Teacher New to the Profession

(1) Teachers new to the profession teaching core academic subjects in grades seven (7) and eight (8) in an Oregon middle, junior high school, or a high school that includes grades seven (7) and eight (8), must meet the following criteria in order to meet the federal definition of "highly qualified teacher." The teacher must:

(a) Hold a Basic, Initial, or Approved ESEA Alternative Route Teaching License authorized to teach in any one of the core academic areas and satisfy one of the following:

(A) Pass a rigorous state exam in the core academic subject matter area; or

(B) Hold an undergraduate major in the subject core academic matter area; or

(C) Hold a graduate degree in the core academic subject matter area; or

(D) Complete coursework equivalent to an undergraduate major in the core academic subject; and

(b) Be properly assigned in the core academic subject matter area in grades seven (7) or eight (8).

(2) Teachers on an approved License for Conditional Assignment (LCA) for any core academic subject may be highly qualified based on completed coursework in the core academic subject area.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 5-2012, f. & cert. ef. 5-18-12; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0026

Highly Qualified Middle Level Teacher Not New to the Profession

Teachers not new to the profession teaching core academic subjects in grades seven (7) and eight (8) in an Oregon middle or junior high school must meet the following criteria in order to meet the federal definition of "highly qualified teacher." The teacher must:

(1) Hold a Basic, Standard, Initial, Continuing, Five-Year Elementary, Five-Year Secondary, or an Approved ESEA Alternative Route Teaching License and satisfy one of the following:

(a) Pass the prescribed rigorous state exam in the core academic subject; or

(b) Hold an undergraduate major in the core academic subject area(s); or

(c) Hold a graduate degree in the core academic subject area(s); or

(d) Complete coursework equivalent to an undergraduate major in the core academic subject area; or

(e) Hold advanced certification or credentialing in the core academic subject area; or

(f) Meet the HOUSSE requirements as defined in OAR 584-100-0038; and

(g) Be properly assigned in the core academic subject area in grades seven (7) or eight (8).

(2) Teachers on an approved License for Conditional Assignment (LCA) for any core academic subject may be highly qualified based on completed coursework in the core academic subject area pursuant to OAR 584-100-0038.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-9-04; TSPC 6-2004, f. & cert. ef. 8-25-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 5-2012, f. & cert. ef. 5-18-12; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0031

Highly Qualified Secondary Teacher New to the Profession

(1) Teachers new to the profession teaching core academic subjects in grades nine (9) through twelve (12) in an Oregon high school must meet the following criteria in order to meet the federal definition of "highly qualified teacher." The teacher must:

(a) Hold a Basic, Initial, or an Approved ESEA Alternative Route Teaching License with an endorsement in the core academic subjects taught; and

(b) Be properly assigned in the core academic subject area in grades nine (9) through twelve (12).

(2) New secondary teachers on an approved License for Conditional Assignment (LCA) for any core academic subject may be highly qualified based on completed coursework in the core academic subject area if they have a major or coursework equivalent to a major in the core academic subject, but lack the endorsement on the license.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 5-2012, f. & cert. ef. 5-18-12; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0036

Highly Qualified Secondary Teacher Not New to the Profession

Teachers not new to the profession teaching core academic subjects in grades nine (9) through twelve (12) in an Oregon high school must meet the following criteria in order to meet the federal definition of "highly qualified teacher." The teacher must:

(1) Hold a Basic, Standard, Initial, Continuing, Five Year Teaching License, or an Approved NCLB Alternative Route Teaching License with an endorsement in the core academic area(s) taught; or

(2) Meet the HOUSSE requirements for high school teachers as defined in 584-100-0038; and

(3) Be properly assigned in the core academic subject area in grades nine (9) through twelve (12).

(4) Teachers on an approved conditional assignment permit for any core academic subject may be highly qualified based on completed coursework in the core academic subject area pursuant to OAR 584-100-0038.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 4-2004(Temp), f. & cert. ef. 5-14-04 thru 11-9-04; TSPC 6-2004, f. & cert. ef. 8-25-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07

584-100-0038

HOUSSE for Middle-Level and High School (Secondary) Teachers (7–12)

(1) Teachers may use a combination of coursework, professional development and experience to acquire points on a one-hundred (100) point scale to meet the federal definition of Highly Qualified Teacher (HQT) through Oregon's High Objective Uniform State Standard of Evaluation (HOUSSE).

(2) To qualify for HOUSSE, a teaching license must have been awarded prior to July 1, 2007 and a minimum of three years teaching experience in the subject to be evaluated must have occurred prior to July 1, 2009.

(3) To qualify for the HOUSSE, a total of one hundred (100) points of combined coursework, professional development and experience must be earned. Experience must meet a 30 point minimum. Experience may not count for more than 50 points.

(4) Teaching Off License in the Core Academic Subjects: Teachers who are conditionally assigned to teach the core academic subject more than 10 hours per week must apply for a License for Conditional Assignment (LCA) pursuant to Division 60 and must add the endorsement to teach the assignment within one to three years after the LCA is first issued. Unless the teacher meets the federal definition for HQT in the core academic subject, the district may not report the teacher as being highly qualified while holding the LCA.

(a) If the educator meets the federal definition for HQT under any circumstances, then the district may report the teacher as HQT for purposes of that core academic subject even if the teacher does not immediately qualify to add the endorsement to the teaching license and even if the teacher is teaching under a License for Conditional Assignment (LCA).

(b) If the educator meets the federal definition for HQT and is teaching less than 10 hours per week in the core academic subject, the district may report the teacher as highly qualified and the teacher does not have to add the core academic endorsement to the license.

(5) Experience: Experience may not exceed more than fifty (50) points in the HOUSSE calculation. Generally, the educator will be given ten (10) points of credit for each full academic year as defined by the district's contracted teacher year. Experience will be valued under the following conditions:

(a) One (1) instructional day is one (1) period or more teaching the core academic subject.

(b) The subject must have been taught at grade 6 or above in a departmentalized setting.

(c) One full instructional year equals 10 points.

(d) Partial instructional years will be calculated as the number of instructional days teaching the subject divided by the number of contracted days in one full instructional year times 10.

Example: 150 days taught/180 days in full instructional year = (5/6 x 10) = 8.3 points.

(e) An educator must have taught at least five complete school years in order to earn the full fifty (50) points.

(6) Academic Coursework in the Core Academic Subject: There is no limit to the number of points that may be obtained through academic coursework related to the core academic subject.

(a) Core academic coursework must be college transfer level or graduate credit and must have a course number of 100 or greater;

(b) Transcripts for core academic coursework must be from a regionally accredited college or university;

(c) Core academic coursework will be valued as follows:

(A) One (1) quarter hour of credit equals three (3) points.

(B) One (1) semester hour of credit equals four and one-half (4.5) points.

(7) Professional Development: Professional Development directly related to the core academic credit may be counted toward the one hundred (100) points needed to meet the state's HOUSSE. Professional Development points will be valued under the following conditions:

(a) One (1) hour of core academic professional development is equal to 0.15 points.

(b) School district personnel authorized to certify professional development must verify that the professional development is directly relevant to the core academic subject in which the teacher is seeking to meet the definition of being "highly qualified." "Directly relevant" means that upon scrutiny, the professional development is more content related than pedagogy related.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2012, f. & cert. ef. 5-18-12; TPSC 10-2012, f. & cert. ef. 11-19-12; TSPC 1-2013, f. & cert. ef. 2-14-13; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0041

Approved ESEA Alternative Route Teaching License

(1) Upon filing a correct and complete application in form and manner prescribed by the Commission, a qualified applicant shall be granted an Approved ESEA Alternative Route Teaching License.

(2) The application must be filed jointly by the hiring district and the teacher seeking the license.

(3) Districts hiring a highly qualified teacher based on the Approved ESEA Alternative Route Teaching License must ensure that the license has been obtained by the teacher prior to assignment within the district.

(4) The Approved ESEA Alternative Route Teaching License shall be restricted to use within the district that has jointly applied for it with the teacher.

(5) The license is not transferable to another district. Should the teacher seek to obtain another Approved ESEA Alternative Route Teaching License with another district, the license is only valid for the remainder of the three years from the initial date of the license.

(6) The district must submit an approved plan with the licensee's application that describes how the teacher will receive high-quality professional development that is sustained, intensive and classroom-focused before and while teaching in the district. The plan must also include how the teacher will be making progress toward completing full state licensure requirements in the next three years.

(7) The license will expire exactly three-years from the date of issue and is not subject to the 120-day grace period.

(8) To be eligible for an Approved ESEA Alternative Route License, the applicant must:

(a) Hold a bachelor's degree;

(b) Demonstrate core academic subject matter competency by:

(A) Passing the TSPC approved rigorous state test required for the grade-level and subject-matter area; or

(B) Holding an undergraduate major or coursework equivalent in the core academic subject in the teaching area (does not apply to elementary authorizations); or

(C) Holding a graduate degree in the core academic subject in the teaching area (does not apply to elementary authorizations).

(9) Per federal law:

(a) Teachers on the Approved ESEA Alternative Route Teaching License are considered highly qualified for only three years; and

(b) The license is not renewable and is not eligible for any extension.

(10) Teachers who have taught on a Restricted Transitional License for one-year or less, upon application with a district may be eligible for the Approved ESEA Alternative Route Teaching License provided the requirements of section (8)(a) and (b) of this rule are met. The Approved ESEA Alternative Route License will only be effective for three years from the date the Restricted Transitional Teaching License was first issued.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0051

Highly Qualified Career and Technical Education Teacher

All career and technical education (CTE) teachers who teach career and technical education courses that contain core academic subjects, for which students receive core academic credit, must meet the federal definitions for highly qualified secondary teachers for that particular core academic subject including holding full state licensure pursuant to OAR 584-100-0007.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 3-2013, f. & cert. ef. 8-19-13

584-100-0056

Highly Qualified Substitute Teacher

Teachers substituting more than four (4) continuous weeks in a core academic subject must meet the federal definitions for highly qualified teacher.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06

584-100-0061

Special Education Teachers Generally

(1) All special education teachers who are providing direct instruction in core academic subjects in any public school environment must meet the federal definition for "highly qualified teacher."

(2) Special educators who do not provide direct instruction to special education students in any core academic subject, or who provide only consultation to highly qualified teachers of core academic subjects in adapting curricula, using behavioral supports and interventions, and selecting appropriate accommodations, are not required to meet the federal definitions for highly qualified special education teachers.

(3) A special education teacher must meet the federal definitions for highly qualified teacher including, but not limited to, when teaching under the following circumstances:

(a) Teaching life skills to students;

(b) Teaching elective credits in core academic areas;

(c) Providing direct instruction in a core academic subject in a resource room setting if not supplemental to instruction in the same subject being provided by another teacher meeting the definition of “highly qualified teacher”; and

(d) Providing the only direct instruction in a core academic subject in any setting.

(4) Direct instruction for the purposes of this rule is planning curriculum, delivering instruction, granting credit and evaluating the performance of the student in any core academic area.

(5) A Charter School Teacher Registry will not be issued for special education unless the applicant has previously held a full state license as a special education teacher.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 3-2013, f. & cert. ef. 8-19-13; TSPC 1-2014(Temp), f. & cert. ef. 3-15-14 thru 9-10-14; TSPC 5-2014, f. & cert. ef. 8-5-14

584-100-0066

Highly Qualified Elementary Special Education Teacher (K8)

Special Education teachers who are new or not new to the profession and who are providing direct instruction in core academic subjects in grades kindergarten (k) through grades eight (8) to students identified as special education students are highly qualified under the following conditions. The teacher:

(1) Holds a Basic, Standard, Initial, Professional, or Five-Year Elementary Teaching License, with a special education endorsement and is appropriately assigned on that license; or

(2) Has held a Basic, Standard, Initial, Professional, or Five-Year Elementary Teaching License if applying for a Charter School Teacher Registration for Special Education at the early childhood and elementary grade authorization levels; and

(3) Meets the federal definition of Highly Qualified Teacher for elementary teachers pursuant to OAR 584-100-0011 if new to the profession; or

(4) Meets the federal definition of Highly Qualified Teacher for elementary teachers pursuant to OAR 584-100-0016 if not new to the profession; and

(5) Teaches only in kindergarten (k) through grade eight (8) in a self-contained special education classrooms in any public school environment.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 1-2014(Temp), f. & cert. ef. 3-15-14 thru 9-10-14; TSPC 5-2014, f. & cert. ef. 8-5-14

584-100-0071

Highly Qualified Secondary Special Education Teacher (912)

Special Education teachers who are new or not new to the profession and who are providing direct instruction in core academic subjects in grades nine (9) through grades twelve (12) to students identified as special education students are highly qualified under the following conditions. The teacher:

(1) Holds a Basic, Standard, Initial, Professional, or Five-Year Teaching License, with a special education endorsement and is properly assigned in accordance with endorsement; or

(2) Has held a Basic, Standard, Initial, Professional, or Five-Year Elementary Teaching License if applying for a Charter School Teacher Registration for Special Education at the middle level and high school grade authorization levels; and

(3) Has met the federal definition for highly qualified elementary teacher new or not new to the profession and is teaching special education students who are performing at or below grade eight (8) and who qualify for alternate assessment in accordance with the Education and Secondary Education Act (ESEA); or

(4) Has met the federal definition for highly qualified secondary teacher new or not new to the profession for each core academic subject the teacher is teaching to students above the eighth (8th) grade level who do not qualify for alternate assessment.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 10-2004(Temp), f. & cert. ef. 10-20-04 thru 3-1-05; TSPC 1-2005, f. & cert. ef. 1-21-05; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 1-2014(Temp), f. & cert. ef. 3-15-14 thru 9-10-14; TSPC 5-2014, f. & cert. ef. 8-5-14

584-100-0091

Licensed and Registered Elementary Charter School Teacher

(1) To be highly qualified to teach in a charter school requires additional qualifications, beyond a license or a registration, to teach in a charter school. It is possible for a teacher to be properly licensed or registered to teach in a charter school and yet not be highly qualified to teach the courses or students for which they have been assigned.

(2) Charter School teachers teaching in prekindergarten (pre k) through grade six (6) must meet the following criteria:

(a) Licensed teachers new or not new to the profession must meet the federal definition for highly qualified elementary teacher. (See, OAR 584-100-0011 and 584-100-0016.)

(b) Registered teachers must hold a bachelor's degree and demonstrate subject matter competency by passing the appropriate rigorous multiple subjects state test or meet the HOUSSE provisions of OAR 584-100-0016.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TPSC 10-2012, f. & cert. ef. 11-19-12

584-100-0096

Licensed and Registered Secondary Charter School Teacher

(1) Licensed secondary charter school teachers teaching in grades seven (7) through twelve (12) must meet the highly qualified teacher definition for new or not new to the profession for secondary teachers. (See, OAR 584-100-0026, 584-100-0036 or 584-100-0038.)

(2) Registered secondary charter school teachers teaching in grades seven (7) through twelve (12) must hold a bachelor's degree and must meet the highly qualified teacher definition for new or not new to the profession for secondary teachers. (See, OAR 584-100-0026, 584-100-0036 or 584-100-0038.)

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04; TSPC 2-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 8-2006, f. 5-15-06, cert. ef. 7-1-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TPSC 10-2012, f. & cert. ef. 11-19-12

584-100-0101 [Renumbered to 584-100-0007]

584-100-0106 [Renumbered to 584-100-0008]

584-100-0111

Non-Core Academic Subjects

A teacher need not be highly qualified under the federal act in the following subjects taught in departmental middle, junior high or high schools:

(1) Basic Early Childhood Education;

(2) Business courses other than Economics;

(3) Educational Media;

(4) Family and Consumer Sciences;

(5) Health Education;

(6) Technology Education (non-vocational);

(7) Physical Education;

(8) Basic Adapted Physical Education;

(9) Professional Technical Endorsements:

(a) Communication Journalism;

(b) Communications Technologies;

(c) Design and Applied Arts;

(d) Administrative Services;

(e) Financial Services;

(f) Hospitality & Tourism;

(g) Marketing/Management;

(h) Health Services;

(i) Leisure & Fitness;

(j) Education;

(k) Family & Consumer Sciences;

(l) Personal Services;

(m) Legal & Protective Services;

(n) Social Services;

(o) Computer Technology;

(p) Construction;

(q) Engineering Technology;

(r) Mechanical Systems;

(s) Manufacturing Technology;

(t) Agricultural Science & Technology;

(u) Forestry/Natural Resources; and

(v) Integrated Environmental Technology

(10) Foreign Languages not considered core academic subject:

(a) Greek;

(b) Hebrew;

(c) Mandarin;

(d) Cantonese;

(e) Korean;

(f) Vietnamese;

(g) Filipino associated languages;

(h) Native American Languages;

(i) African Languages;

(j) Sign Language; and

(k) Other languages for which an endorsement is not required.

(11) Law Studies;

(12) Consumer Law;

(13) Business Law;

(14) Psychology;

(15) Sociology;

(16) Anthropology;

(17) Philosophy;

(18) World Religions.

Stat. Auth: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 2-2004, f. & cert. ef. 3-17-04

 

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