US Laws, Codes, Statutes & Cases

Chapter 342 — Teachers and Other School Personnel

 

2005 EDITION

 

 

TEACHERS AND OTHER SCHOOL PERSONNEL

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

342.120     Definitions

 

LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS

 

(Generally)

 

342.121     Teacher and administrator licensing; certification from professional organizations; certificate not required

 

342.122     Professional Organizations Certification Fund

 

342.123     Knowledge of civil rights laws required

 

342.125     Types of licenses; charter school teacher registry; expedited process

 

Note          Subject matter endorsement--1993 c.45 §154

 

342.126     First aid card required for teaching license; waiver for disability

 

342.127     Fees; basis

 

342.130     Certain existing certificates and licenses not invalidated

 

342.135     Basic, standard and other teaching licenses; basis of renewal; rules

 

342.136     Initial teaching, personnel service and administrative licenses; renewal

 

342.138     Continuing teaching, personnel service and administrative licenses; qualifications for continuing license; renewal

 

342.140     Administrative license

 

342.143     Issuance of teaching, personnel service or administrative license and registration as charter school teacher

 

342.144     American Indian languages teaching license

 

342.147     Approval of teacher education institutions and programs; rules

 

342.153     Proficiency in Braille required for teaching license to provide education to blind students

 

342.165     Commission rules

 

342.167     State board review of rules

 

342.169     Required ratio of pupils to staff holders of first aid cards; exceptions; rules

 

342.173     Effect of employing unlicensed teacher or administrator by certain districts

 

(Discipline)

 

342.175     Grounds for discipline; reinstatement

 

342.176     Preliminary investigation of complaint; materials confidential; notice

 

342.177     Hearing and decision on charges; notice

 

342.180     Appeal

 

342.190     Administrative Procedures Act not applicable to proceedings for reinstatement, revocation or suspension

 

(Miscellaneous)

 

342.195     Teaching licenses based on experience in certain federal programs

 

342.200     Administrative licenses based on professional skills and experience

 

342.203     Circulation of list of teachers and administrators subjected to discipline

 

(Criminal Records Check)

 

342.223     Fee for criminal record search; effect of making false statement; appeal of refusal to issue or renew license or registration

 

342.227     Issuance of temporary license or certificate pending result of check

 

342.232     Employment pending result of check

 

TEACHER STANDARDS AND PRACTICES COMMISSION

 

342.350     Commission established; confirmation; term; vacancy; effect of change in circumstances

 

342.360     Members; qualifications

 

342.380     Organization

 

342.390     Meetings; expenses

 

342.400     Licensing requirements for out-of-state applicants; reciprocal agreements; rules

 

342.410     Executive director; employees

 

342.420     Member’s salary; reimbursement to district

 

342.430     Teacher Standards and Practices Commission Account; use

 

MINORITY TEACHER ACT

 

342.433     Definitions for ORS 342.433 to 342.449

 

342.437     Goals

 

342.443     Reports to legislature; comparative data; data collection

 

342.447     Plans for recruitment, admission, retention and graduation of minority teachers; rules

 

342.449     Short title

 

SCHOOL NURSES

 

342.455     Definition of “school nurse”

 

342.465     Rules; notice if action taken on license

 

342.475     School nurses; certificates

 

342.485     Commission to consult with and advise Oregon State Board of Nursing on school nursing

 

342.495     Holder of school nurse certificate qualified to conduct and coordinate health services program

 

TEACHERS’ CONTRACTS

 

342.513     Renewal or nonrenewal of contracts for following year

 

342.545     Termination of teacher’s contract; release

 

342.553     Suspension of teaching license for resigning without providing required notice; appeal

 

TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL

 

342.608     Working hours for licensed personnel; duty-free lunch period required; exception

 

342.610     Minimum salary for substitute teachers

 

342.613     Contracts with teachers for return of part of salary prohibited

 

342.650     Wearing of religious dress prohibited

 

342.655     Sanctions against teacher violating ORS 342.650

 

SEXUAL HARASSMENT

 

342.700     Policy on sexual harassment; posting and availability of policy

 

342.704     Adoption of school district policies on sexual harassment required; contents; rules

 

342.708     ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies

 

ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST CENTURY LAW

 

342.805     Short title

 

342.815     Definitions for ORS 342.805 to 342.937

 

342.835     Probationary teacher

 

342.840     Determination of length of service for probationary teacher

 

342.845     Contract teacher; part-time contract teacher; effect of program transfer; administrator contracts

 

342.850     Teacher evaluation; personnel file content

 

342.865     Grounds for dismissal or contract nonextension of contract teacher

 

342.875     Suspension; reinstatement

 

342.895     Contract teachers; procedure for dismissal or contract nonextension; appeal

 

342.905     Appeal procedure; arbitration as alternative

 

342.910     Waiver of contract grievance claim if appeal of dismissal decision filed; waiver of certain rights and procedures

 

342.930     Fair Dismissal Appeals Board; rules

 

342.934     Procedure for reduction of teacher staff due to funding or administrative decision

 

342.937     Reimbursement for teacher dismissal costs

 

MISCELLANEOUS

 

342.961     Internal investigations of employee misconduct or wrongdoing

 

342.965     Interchange of teachers

 

342.985     Qualifications to teach distance learning course

 

      342.005 [Amended by 1955 c.518 §1; repealed by 1961 c.439 §13]

 

      342.007 [1953 c.85 §1; repealed by 1965 c.100 §456]

 

      342.010 [Repealed by 1965 c.100 §456]

 

      342.015 [Repealed by 1961 c.439 §13]

 

      342.017 [1991 c.693 §16; 1993 c.45 §148; renumbered 329.753 in 1993]

 

      342.020 [Repealed by 1961 c.439 §13]

 

      342.025 [Repealed by 1961 c.439 §13]

 

      342.030 [Repealed by 1961 c.439 §13]

 

      342.035 [Repealed by 1961 c.439 §13]

 

      342.040 [Repealed by 1961 c.439 §13]

 

      342.045 [Repealed by 1961 c.439 §13]

 

      342.050 [Amended by 1955 c.518 §2; repealed by 1961 c.439 §13]

 

      342.055 [Repealed by 1963 c.544 §52]

 

      342.060 [Amended by 1957 c.638 §1; repealed by 1965 c.100 §456]

 

      342.065 [Amended by 1955 c.101 §1; renumbered 342.602]

 

      342.070 [Amended by 1957 c.638 §2; 1961 c.677 §1; renumbered 342.175]

 

      342.075 [Amended by 1961 c.677 §2; renumbered 342.180]

 

      342.080 [Repealed by 1961 c.439 §13]

 

      342.085 [Amended by 1955 c.214 §1; repealed by 1965 c.100 §456]

 

      342.090 [Repealed by 1965 c.100 §456]

 

      342.095 [Repealed by 1965 c.100 §456 and 1965 c.550 §6]

 

      342.100 [Repealed by 1965 c.100 §456 and 1965 c.550 §6]

 

      342.105 [Repealed by 1961 c.439 §13]

 

      342.110 [Amended by 1961 c.707 §1; repealed by 1961 c.439 §13]

 

      342.115 [Repealed by 1961 c.439 §13]

 

GENERAL PROVISIONS

 

      342.120 Definitions. As used in this chapter, unless the context requires otherwise:

      (1) “Administrator” includes all superintendents, assistant superintendents and principals in the public schools or education service districts.

      (2) “Approved teacher education institution” is one which meets the standards of the Teacher Standards and Practices Commission for preparation of teachers for preprimary programs and grades 1 through 12.

      (3) “Approved teacher education program” is one offered by an approved teacher education institution and is so recognized by the Teacher Standards and Practices Commission, after considering recommendations of the State Board of Education.

      (4) “Commission” means the Teacher Standards and Practices Commission.

      (5) “Educational assistant” means a classified school employee who does not require a license to teach, who is employed by a school district or education service district and whose assignment consists of and is limited to assisting a licensed teacher in accordance with rules established by the State Board of Education.

      (6) “Instruction” includes direction of learning in class, in small groups, in individual situations, in the library and in guidance and counseling, but does not include the provision of related services, as defined in ORS 343.035, to a child identified as a child with disabilities pursuant to ORS 343.146 to 343.183 when provided in accordance with ORS 343.221.

      (7) “Intern teacher” means a regularly enrolled student of an approved teacher education institution who teaches under the supervision of the staff of the institution and of the employing school district in order to acquire practical experience in teaching and for which the student receives both academic credit from the institution and financial compensation from the school district or education service district.

      (8) “State board” means the State Board of Education.

      (9) “Teacher” includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction, coordination of educational programs or supervision or evaluation of teachers and who are compensated for their services from public funds. “Teacher” does not include a school nurse as defined in ORS 342.455.

      (10) “Teaching license” means a license issued under ORS 342.125 or 342.144. [1961 c.439 §1; 1965 c.100 §348; 1965 c.550 §1; 1973 c.270 §2; 1975 c.278 §1; 1981 c.393 §1; 1981 c.469 §5; 1989 c.125 §1; 1993 c.45 §149; 2001 c.653 §4]

 

LICENSING AND REGISTRATION OF TEACHERS AND ADMINISTRATORS

 

(Generally)

 

      342.121 Teacher and administrator licensing; certification from professional organizations; certificate not required. (1) The Teacher Standards and Practices Commission shall issue licenses to teachers and administrators who possess the minimum competencies, knowledge and skills to teach and administer in the public schools of the state.

      (2) In addition to a teaching or administrative license, a person may obtain certification, indicating a higher degree of competency, knowledge and skill based on work experience and advanced study, from a professional organization of teachers or administrators, either on the state or national level. However, a teaching certificate or administrative certificate shall not be required to teach or administer in a public school of this state. [1991 c.662 §11; 1993 c.45 §151]

 

      Note: 342.121 was added to and made a part of 342.120 to 342.430 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.122 Professional Organizations Certification Fund. (1) There is created the Professional Organizations Certification Fund, separate and distinct from the General Fund. Interest earned on moneys in the Professional Organizations Certification Fund shall be credited to the fund.

      (2) The Teacher Standards and Practices Commission may accept from any source any grant, donation or gift of money or other valuable thing made to the commission for purposes of the Professional Organizations Certification Fund.

      (3) Moneys credited to the Professional Organizations Certification Fund are continuously appropriated to the commission for the purposes of advanced certifications of teachers and administrators in accordance with ORS 342.121 (2). The commission may draw checks or orders upon the State Treasurer in making disbursements from the Professional Organizations Certification Fund for the purposes stated in this subsection. [2001 c.381 §2]

 

      Note: 342.122 was added to and made a part of 342.120 to 342.430 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.123 Knowledge of civil rights laws required. (1) In addition to and not in lieu of any other law or rule or standard established by the Teacher Standards and Practices Commission, the commission shall require an applicant for a teaching license or any renewal thereof demonstrate knowledge of Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and federal statutes pertaining thereto, as well as state statutes prohibiting discrimination.

      (2) An applicant shall be required to demonstrate knowledge of federal and state statutes prohibiting discrimination required by subsection (1) of this section only once. [1977 c.805 §2; 1981 c.663 §1]

 

      342.125 Types of licenses; charter school teacher registry; expedited process. (1) Teaching licenses shall be issued and renewed by the Teacher Standards and Practices Commission by the authority of the State of Oregon, subject to ORS 342.120 to 342.430 and the rules of the commission.

      (2) Subject to subsection (4) of this section, teaching licenses shall be of the following types:

      (a) Basic teaching license.

      (b) Standard teaching license.

      (c) Administrative license.

      (d) Restricted teaching license.

      (3) Subject to ORS 342.130 and to subsection (4) of this section and in addition to the teaching licenses described in subsection (2) of this section, licenses shall be of the following types:

      (a) Initial teaching license.

      (b) Continuing teaching license.

      (c) Initial personnel service license.

      (d) Continuing personnel service license.

      (e) Initial administrative license.

      (f) Continuing administrative license.

      (4) The Teacher Standards and Practices Commission may establish other types of teaching licenses as it considers necessary for operation of the public schools of the state and may prescribe the qualifications for the licenses. However, no license established under the authority of this subsection is required for a regular classroom teaching position in the public schools.

      (5)(a) The Teacher Standards and Practices Commission shall establish a public charter school teacher registry. The commission shall require the applicant and the public charter school to jointly submit an application requesting registration as a public charter school teacher. The application shall include:

      (A) A description of the specific teaching position the applicant will fill;

      (B) A description of the background of the applicant that is relevant to the teaching position, including any post-secondary education or other experience; and

      (C) Documentation as required by the commission for the purposes of conducting a criminal records check as provided in ORS 181.534 and a background check through an interstate clearinghouse of revoked and suspended licenses.

      (b) Subject to the results of the criminal records check and background check, the commission shall approve the application for registration. The commission may deny a request for registration only on the basis of the criminal records check or the background check through an interstate clearinghouse of revoked and suspended licenses. The registration is valid for three years and may be renewed upon joint application from the teacher and the public charter school.

      (c) A registration as a public charter school teacher qualifies its holder to accept the teaching position described in the application in the public charter school that submitted the application with the holder of the registration.

      (6) The Teacher Standards and Practices Commission shall adopt an expedited process for the issuance of any license established pursuant to this section. The process may require a school district superintendent or school district board and the applicant to jointly submit an application requesting an emergency license. Within two working days after receiving a completed application the commission shall issue the emergency license. However, the commission may limit the number of applications for expedited service from a school district or education service district to not more than 100 applications in a period of two working days. For purposes of this subsection, the commission may not distinguish between a school district or education service district involved in a labor dispute and any other school district or education service district. [1961 c.439 §2; 1965 c.100 §349; 1965 c.550 §2; part renumbered 342.127; 1973 c.270 §3; 1981 c.663 §2; 1991 c.662 §5; 1993 c.45 §152; 1997 c.352 §1; 1997 c.383 §1; 1999 c.199 §2; 2005 c.730 §17]

 

      Note: Section 154, chapter 45, Oregon Laws 1993, provides:

      Sec. 154. Subject matter endorsement. Notwithstanding ORS 342.125 (2) and 342.135, a teacher shall be granted a subject matter endorsement if the teacher held a basic license and a subject matter endorsement on or before January 1, 1981. [1993 c.45 §154; 2005 c.209 §35]

 

      342.126 First aid card required for teaching license; waiver for disability. (1) Except as provided in subsection (2) of this section, within 90 days after receiving an initial or basic teaching license under ORS 342.125, the holder of the license shall obtain a recognized first aid card. Failure to obtain the card shall result in suspension of the teaching license pursuant to ORS 342.175.

      (2) The Teacher Standards and Practices Commission may waive the requirement of subsection (1) of this section for any holder of a teaching license who has taken a recognized first aid course of study but who is unable by reason of physical disability to obtain a recognized first aid card.

      (3) The commission by rule shall specify the procedure whereby the holder of a teaching license can obtain the waiver authorized by subsection (2) of this section. [1977 c.826 §2; 1981 c.180 §1; 1993 c.45 §155; 1997 c.383 §10]

 

      342.127 Fees; basis. (1) The Teacher Standards and Practices Commission shall establish and the commission shall collect:

      (a) A fee not to exceed $100 for evaluation of the initial application for each teaching license for which application is made. If the applicant is eligible for the teaching license for which application is made and the license is issued within 90 days of original application, the commission shall issue the license without additional charge.

      (b) A fee not to exceed $100 for the renewal of each teaching license and a fee not to exceed $20 for each duplicate teaching license.

      (c) A fee not to exceed $800 for a beginning teacher assessment conducted in lieu of an approved preparation program required for licensure.

      (d) A fee not to exceed $200 for alternative assessment conducted in lieu of a passing score on a licensure examination established by the commission.

      (e) A fee not to exceed $75 for registration as a public charter school teacher that includes any fee charged pursuant to ORS 342.223 or rules adopted under ORS 181.534.

      (f) A fee not to exceed $75 for renewal of a registration as a public charter school teacher that includes any fee charged pursuant to ORS 342.223 or rules adopted under ORS 181.534.

      (2) In addition to the fee required by subsection (1) of this section for the issuance of a teaching license, the Teacher Standards and Practices Commission shall collect a fee not to exceed $150 for the evaluation of an applicant requesting licensing based upon completion of other than an Oregon approved teacher education program.

      (3) In addition to the fees required by subsection (1) of this section, the Teacher Standards and Practices Commission shall collect a late application fee not to exceed $25 per month up to a maximum of $125 from an applicant who fails to make timely application for renewal of the license or registration. The actual amount of the fee shall be determined in accordance with rules of the Teacher Standards and Practices Commission.

      (4) In spite of the expiration date posted on the license, the license shall continue to be valid for purposes of ORS 342.173 for an additional 120 days. However, the district may require a statement from the applicant indicating that the applicant has completed the requirements for license renewal.

      (5) In addition to the fee required by subsection (1) of this section for the issuance of a teaching license, the commission shall collect a fee not to exceed $150 for the reinstatement of a license that has been revoked by the commission for gross neglect of duty or gross unfitness under ORS 342.175.

      (6) In addition to the fee required by subsection (1) of this section for the issuance of a teaching license, the commission shall collect a fee not to exceed $100 for the issuance of any emergency license through an expedited process at the request of any school district or education service district that seeks to employ the applicant.

      (7) Fee rates established under this section shall cover, but not exceed, the full cost of administrative expenses incurred by the commission during any biennium. [Subsections (1) and (2) formerly part of 342.125; subsection (3) enacted as 1965 c.535 §14; 1969 c.416 §1; 1971 c.41 §1; 1973 c.270 §4; 1981 c.663 §3; 1983 c.14 §1; 1991 c.144 §1; 1993 c.45 §156; 1997 c.165 §1; 1997 c.352 §3; 1999 c.199 §4; 1999 c.768 §1; 2005 c.730 §18]

 

      342.130 Certain existing certificates and licenses not invalidated. (1) Nothing in ORS 342.120 to 342.173 is intended to invalidate the life of any certificate or diploma in effect on June 30, 1965, nor to invalidate the rights granted prior to June 30, 1965, by the law and the rules of the State Board of Education under which the certificate or diploma was issued.

      (2) Nothing in chapter 550, Oregon Laws 1965, is intended to invalidate the life of any teaching certificate in effect on August 13, 1965, or to alter the rights and privileges granted prior to August 13, 1965, by the law under which the teaching certificate was issued.

      (3) Nothing in ORS 342.120 to 342.173 is intended to invalidate the life of any basic or standard teaching or administrative license in effect prior to January 15, 1999, nor to invalidate the rights granted prior to January 15, 1999, by the law and by the rules of the Teacher Standards and Practices Commission under which the license was issued. [1961 c.439 §3; 1965 c.100 §350; subsection (2) enacted as 1965 c.550 §4; 1997 c.383 §2; 1999 c.59 §89]

 

      342.135 Basic, standard and other teaching licenses; basis of renewal; rules. (1) A teaching license provided for in this section shall qualify its holder to accept any instructional assignment from preprimary through grade 12 for which the holder has completed the professional requirements established by the rules of the Teacher Standards and Practices Commission.

      (2)(a) A basic teaching license shall be issued on application to an otherwise qualified person who has completed an approved teacher education program and meets the other requirements that the Teacher Standards and Practices Commission may consider necessary to maintain and improve quality of instruction in the public schools of the state.

      (b) Holders of the basic teaching license who meet the requirements of the Teacher Standards and Practices Commission to teach in the regular classroom program of the public schools in kindergarten through grade nine may renew the basic license to qualify them to continue in such teaching by verification of successful teaching experience and of continuing professional development in keeping with Teacher Standards and Practices Commission rules.

      (c) A holder of the basic teaching license with an endorsement in art, educational media, foreign language, health, home economics, industrial arts, music, physical education and reading may renew the initial basic license by verification of successful teaching experience and of continuing professional development in keeping with Teacher Standards and Practices Commission rules. This paragraph applies to licenses for preprimary programs and grades 1 through 8 and shall include grade 9 if the teacher is teaching in a middle school or a junior high.

      (d) Secondary teachers may teach in the public schools, grades 5 through 12, in those subject fields in which they have met the requirements of the Teacher Standards and Practices Commission.

      (e) A holder of a standard teaching license who meets the requirements of the Teacher Standards and Practices Commission to teach in the regular classroom program of the public schools in kindergarten through grade 12 is eligible to renew the standard license to qualify to continue in such teaching by verification of successful teaching experience and of continuing professional development consistent with rules of the Teacher Standards and Practices Commission.

      (3)(a) A standard teaching license shall be issued on application to an otherwise qualified person who has completed an approved teacher education program, has taught on a basic teaching license for a minimum period of time to be determined by the Teacher Standards and Practices Commission, and is recommended for licensing by the approved teacher education institution or the school district, whichever offered the program.

      (b) Preparation shall be a planned education program consisting of courses taken in an approved teacher education institution or in an in-service training program offered by a school district for which credit is given by an approved teacher education institution or some combination of both, in accordance with rules of the Teacher Standards and Practices Commission.

      (4) Notwithstanding subsection (2) of this section, the Teacher Standards and Practices Commission shall by rule adopt dates by which continuing professional development is required for renewal of a basic or standard teaching license. [1961 c.439 §4; 1965 c.100 §354; 1965 c.550 §3; 1973 c.270 §5; 1989 c.521 §1; 1993 c.45 §157; 1997 c.383 §6; 2005 c.209 §36]

 

      Note: See note under 342.125.

 

      342.136 Initial teaching, personnel service and administrative licenses; renewal. (1) An initial teaching, personnel service or administrative license shall qualify its holder to accept any assignment from preprimary through grade 12 for which the holder has completed the requirements established by the rules of the Teacher Standards and Practices Commission.

      (2) An initial license shall be issued on application to an otherwise qualified person who has completed an approved professional education program and meets such other requirements as the commission may consider necessary to maintain and improve the quality of instruction in the public schools of the state.

      (3) An initial license may be renewed if the applicant meets the requirements established by the commission by rule. [1997 c.383 §4; 2003 c.525 §1]

 

      342.138 Continuing teaching, personnel service and administrative licenses; qualifications for continuing license; renewal. (1) A continuing teaching, personnel service or administrative license shall qualify the holder to accept any assignments for preprimary through grade 12 for which the holder has completed the advanced requirements established by the rules of the Teacher Standards and Practices Commission.

      (2) A continuing license shall be issued on application for five years to an otherwise qualified person who has:

      (a) Completed an advanced professional education program approved by the commission;

      (b) Been employed for a minimum period of time to be determined by the commission in:

      (A) An Oregon public school;

      (B) An Oregon private school that meets the standards adopted by the commission by rule or is registered as a private school under ORS 345.505 to 345.575; or

      (C) Another educational setting approved by the commission; and

      (c) Demonstrated minimum competencies, knowledge and skills required for the continuing license through an approved teacher education institution, school district, professional organization identified in ORS 342.121, or professional assessment approved by the commission.

      (3) The holder of a continuing license may renew the continuing license in accordance with the rules of the commission. [1997 c.383 §5; 2003 c.525 §2]

 

      342.140 Administrative license. (1) An administrative license shall qualify its holder to serve in any administrative assignment for which the holder has completed the professional requirements established by the rules of the Teacher Standards and Practices Commission.

      (2) An administrative license shall be issued and renewed on application to an otherwise qualified person who meets such requirements as to professional preparation and experience as the Teacher Standards and Practices Commission may establish. [1961 c.439 §5; 1965 c.100 §355; 1973 c.270 §6; 1991 c.662 §6]

 

      342.143 Issuance of teaching, personnel service or administrative license and registration as charter school teacher. (1) No teaching, personnel service or administrative license shall be issued to any person until the person has attained the age of 18 years and has furnished satisfactory evidence of proper educational training.

      (2) The Teacher Standards and Practices Commission may also require an applicant for a teaching, personnel service or administrative license to furnish evidence satisfactory to the commission of good moral character, mental and physical health, and such other evidence as it may deem necessary to establish the applicant’s fitness to serve as a teacher.

      (3) Without limiting the powers of the Teacher Standards and Practices Commission under subsection (2) of this section and notwithstanding ORS 670.280:

      (a) No teaching, personnel service or administrative license or registration as a public charter school teacher shall be issued to any person who:

      (A) Has been convicted of a crime listed in ORS 163.095, 163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575, 163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition), 163.684, 163.686, 163.687, 163.688, 163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.012, 167.017, 167.062, 167.065, 167.070, 167.075, 167.080, 167.087, 167.090, 475.848, 475.852, 475.858, 475.860, 475.862, 475.864 (4), 475.868, 475.872, 475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or 475.906;

      (B) Has been convicted under ORS 161.405 of an attempt to commit any of the crimes listed in subparagraph (A) of this paragraph; or

      (C) Has been convicted in another jurisdiction of a crime that is substantially equivalent, as defined by rule, to any of the crimes listed in subparagraphs (A) and (B) of this paragraph.

      (b) The Teacher Standards and Practices Commission may refuse to issue a license or registration to any person who has been convicted of a crime involving the illegal use, sale or possession of controlled substances.

      (4) In denying the issuance of a license or registration under this section, the commission shall follow the procedure set forth in ORS 342.176 and 342.177.

      (5) The Department of Education shall provide school districts and public charter schools a copy of the list contained in subsection (3) of this section. [1965 c.100 §352; 1971 c.743 §357; 1973 c.270 §7; 1979 c.744 §14; 1987 c.158 §58; 1987 c.503 §6; 1993 c.45 §158; 1993 c.301 §6; 1993 c.603 §2; 1995 c.446 §8; 1995 c.768 §14; 1997 c.383 §§11,11a; 1999 c.199 §8; 1999 c.308 §1; 2005 c.708 §52]

 

      342.144 American Indian languages teaching license. (1) As used in this section, “American Indian tribe” means an Indian tribe as that term is defined in ORS 97.740.

      (2) The Legislative Assembly declares that teaching American Indian languages is essential to the proper education of American Indian children.

      (3) The Teacher Standards and Practices Commission shall establish an American Indian languages teaching license.

      (4) Each American Indian tribe may develop a written and oral test that must be successfully completed by an applicant for an American Indian languages teaching license in order to determine whether the applicant is qualified to teach the tribe’s native language. When developing the test, the tribe shall determine:

      (a) Which dialects will be used on the test;

      (b) Whether the tribe will standardize the tribe’s writing system; and

      (c) How the teaching methods will be evaluated in the classroom.

      (5) The test shall be administered at an appropriate location that does not create hardship for the tribal members administering the test.

      (6) The commission may not require an applicant to hold a specific academic degree, to complete a specific amount of education or to complete a teacher education program to receive an American Indian languages teaching license.

      (7)(a) An American Indian languages teaching license qualifies the holder to accept a teaching position in a school district, public charter school, education service district, community college or state institution of higher education.

      (b) A holder of an American Indian languages teaching license who does not also have a teaching license issued under ORS 342.125 may not teach in a school district or education service district any subject other than the American Indian language they are approved to teach by the tribe.

      (c) A holder of an American Indian languages teaching license who does not also have a teaching license or registration issued under ORS 342.125 may not teach in a public charter school any subject other than the American Indian language they are approved to teach by the tribe.

      (8)(a) As used in this subsection, “technical assistance program” means a program provided to an American Indian languages teacher by a licensed teacher with three or more years of teaching experience. A technical assistance program may include direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, and other assistance intended to enhance the professional performance and development of the American Indian languages teacher.

      (b) The holder of an American Indian languages teaching license who does not also have an administrative license, teaching license or registration issued under ORS 342.125 and who is employed by a school district, public charter school or education service district shall participate in a technical assistance program with a person holding a teaching license issued by the commission under ORS 342.125. The technical assistance program shall meet the guidelines specified in ORS 329.815 (1) to (3).

      (9) An American Indian languages teaching license shall be valid for three years and may be renewed upon application from the holder of the license. [2001 c.653 §2]

 

      342.145 [1961 c.439 §6; 1965 c.100 §356; repealed by 1965 c.550 §6]

 

      342.147 Approval of teacher education institutions and programs; rules. (1) After considering recommendations of the State Board of Education, the Teacher Standards and Practices Commission shall establish by rule standards for approval of teacher education institutions and teacher education programs. Public teacher education institutions shall be approved for programs of more than four years’ duration only if teacher education programs which are reasonably attainable in a four-year period are also available in the system of higher education and are designed to culminate in a baccalaureate degree that qualifies its graduates for entry-level teaching licenses.

      (2) The commission shall establish rules that allow teacher education programs leading to graduate degrees to commence prior to the student’s completion of baccalaureate degree requirements and that allow the combined use of undergraduate and graduate level course work in achieving program completion.

      (3) Whenever any teacher education institution or program is denied approved status or has such status withdrawn such denial or withdrawal must be treated as a contested case within the meaning of ORS chapter 183.

      (4) Nothing in this section is intended to grant any authority to the commission relating to granting of degrees or establishing degree requirements that are within the authority of the State Board of Higher Education or any institutions under its jurisdiction or that are within the authority of the governing board of any private institution of higher education. [1973 c.270 §19; 1989 c.521 §2; 1989 c.690 §3; 1993 c.45 §159]

 

      342.150 [1961 c.439 §7; 1963 c.173 §1; 1965 c.100 §357; repealed by 1965 c.550 §6]

 

      342.153 Proficiency in Braille required for teaching license to provide education to blind students. (1) Any applicant for a teaching license to provide education to students who are blind, as defined in ORS 343.565, shall be required to demonstrate proficiency in reading and writing Braille, as defined in ORS 343.565.

      (2) Any applicant for a teaching license to provide education to students who are blind shall be required to demonstrate proficiency by completion of grade I and grade II Braille coursework at a college level.

      (3) The Teacher Standards and Practices Commission shall adopt procedures to assess the proficiencies developed through workshops and courses in grade I and grade II Braille that are consistent with standards set by the National Library Service for the Blind and Physically Handicapped at the Library of Congress. [1993 c.380 §8; 1995 c.798 §2]

 

      Note: 342.153 was added to and made a part of 342.120 to 342.430, but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.155 [1961 c.439 §8; 1965 c.100 §358; 1989 c.125 §2; repealed by 1993 c.45 §160]

 

      342.160 [1961 c.439 §9; repealed by 1965 c.100 §456 and 1965 c.550 §6]

 

      342.165 Commission rules. (1) Pursuant to ORS chapter 183, the Teacher Standards and Practices Commission shall adopt rules necessary for the issuance, denial, continuation, renewal, lapse, revocation, suspension or reinstatement of licenses or registrations issued under ORS 342.120 to 342.430. The commission shall also adopt rules establishing means in addition to those prescribed by law whereby teachers are able to add additional endorsements to their teaching licenses.

      (2) In establishing rules the commission shall consider:

      (a) Its responsibilities to represent the public interest in the development of educational policies;

      (b) The capabilities of Oregon teacher education institutions to prepare teachers;

      (c) The norms required for the teaching assignments;

      (d) The improvement of teaching;

      (e) The adequacy of the teacher supply;

      (f) The value of experience or nonacademic learning;

      (g) The responsibilities imposed upon school districts by geographic and demographic conditions;

      (h) The recommendations of the State Board of Education and Superintendent of Public Instruction; and

      (i) Other matters that tend to improve education. [1961 c.439 §10; 1965 c.100 §359; 1965 c.535 §10; 1973 c.270 §8; 1979 c.307 §1; 1993 c.45 §161; 1999 c.199 §5; 2005 c.209 §37]

 

      342.167 State board review of rules. (1) The Teacher Standards and Practices Commission shall notify the State Board of Education of proposed rules and shall solicit its advice before adoption.

      (2) Within 60 days after receiving notice from the commission of adoption of a rule, the state board on its motion or upon request shall review the rule to determine if the rule serves the public interest.

      (3) Where the state board finds pursuant to its review as held under subsection (2) of this section that the rule reviewed is not in the public interest, the state board shall request the commission to set aside or amend the rule. [1973 c.270 §20; 1993 c.45 §163]

 

      Note: 342.167 and 342.169 were added to and made a part of 342.120 to 342.430 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      342.169 Required ratio of pupils to staff holders of first aid cards; exceptions; rules. (1) The State Board of Education shall establish by rule the ratio of the number of pupils to the number of staff members who must hold current, recognized first aid cards in each school.

      (2) In order to attain or maintain the ratio set under subsection (1) of this section, the district may require any staff member as a condition of employment to hold a current, recognized first aid card. The staff member shall have 90 days from the date on which the district imposes the requirement to obtain the first aid card.

      (3) The district shall waive the requirement of subsection (2) of this section for any staff member who has had the requirement waived by the Teacher Standards and Practices Commission and may waive the requirement for other staff who are unable by reason of disability to obtain recognized first aid cards.

      (4) The district shall certify annually to the Department of Education that it complies with the ratio requirement set under subsection (1) of this section. [1981 c.180 §3; 1993 c.45 §165]

 

      Note: See note under 342.167.

 

      342.170 [1961 c.439 §11; 1965 c.100 §360; repealed by 1965 c.535 §17]

 

      342.173 Effect of employing unlicensed teacher or administrator by certain districts. (1) Any school district which employs any person not properly licensed by the Teacher Standards and Practices Commission and assigned in accordance with the terms specified by the person’s license shall forfeit in State School Fund moneys due the district an amount determined by the Teacher Standards and Practices Commission to not exceed the amount of the salary paid to the person for the time during which the person is employed. The forfeiture shall be effective unless:

      (a) Such assignments are made with justification satisfactory to the Teacher Standards and Practices Commission.

      (b) The teacher is employed by a post-secondary institution accredited by the Northwest Association of Schools and Colleges which has a contract with a school district under which the teacher is teaching at the high school level. The contract shall be approved annually by the State Board of Education under rules adopted by the board, including criteria for a teacher’s qualifications under subparagraph (C) of this paragraph. The contract shall:

      (A) Be for a specific instructional assignment for which the district does not have appropriately licensed personnel either on staff or available to be placed on staff after a reasonably diligent search;

      (B) Be approved annually by the governing boards of the post-secondary institution and the school district including a written determination that appropriately licensed personnel have not become available since the previous contract for the assignment;

      (C) Provide evidence that the teacher’s qualifications are appropriate for the assignment;

      (D) Allow the teacher to teach no more than two high school units of credit or the equivalent per year; and

      (E) Not be valid during a school closure, strike or summer session.

      (c) The person is teaching a live, interactive distance learning course originating outside the state.

      (2) A school district shall be required under subsection (1) of this section to forfeit not more than $1,000 of State School Fund moneys due the district if the license has lapsed during the time of employment with the district and the holder had at the time the license expired all the qualifications necessary to renew the license.

      (3) Notwithstanding subsections (1) and (2) of this section, a school district employing unlicensed staff members in positions requiring licensed personnel during the time of a labor dispute shall forfeit in State School Fund moneys an amount equal to the daily salary rate multiplied by the number of teaching days for each unlicensed teaching employee during the entire labor dispute.

      (4) If the State Board of Education finds a contract to be in violation of the provisions of subsection (1)(b) of this section, the board shall report the violation to the Teacher Standards and Practices Commission which shall proceed as provided in subsection (1) of this section.

      (5) Any education service district that employs any person not properly licensed by the Teacher Standards and Practices Commission and assigned in accordance with the terms specified in the person’s license shall pay from its funds an amount determined by the Teacher Standards and Practices Commission not to exceed the amount of salary paid to the person for the time during which the person was employed. The payment shall be required unless the assignment is made with justification satisfactory to the commission. All amounts received under this subsection shall be credited to the State School Fund.

      (6) An education service district shall be required under subsection (5) of this section to pay a penalty of not more than $1,000 if the license has lapsed during the time of employment with the district and the holder had at the time the license expired all the qualifications necessary to renew the license.

      (7) Subject to any applicable collective bargaining agreement, an education service district required to pay any penalty under subsection (6) of this section is entitled to recover one-half of the amounts paid from the licensed personnel whose unlicensed status caused the payment. Recovery shall not exceed one-half of the amount paid that is attributable to the licensed person.

      (8) The Teacher Standards and Practices Commission shall notify districts of the licensing expiration dates of their employees who are reported to the commission. The reporting shall be done in a manner specified by the commission.

      (9) Subject to any applicable collective bargaining agreement, a district required to forfeit any State School Fund moneys under subsection (2) of this section is entitled to recover one-half of the amounts forfeited from the licensed personnel whose unlicensed status caused the forfeiture. Recovery shall not exceed one-half of the amount forfeited that is attributable to the particular licensed person.

      (10) A school district or education service district that assigns a teacher to be present in the classroom during a live, interactive distance learning presentation shall not be subject to the forfeiture described in subsection (1) of this section solely because the assignment does not conform to the terms specified on the license of the teacher. [1965 c.100 §353; 1975 c.278 §2; 1977 c.635 §10; 1979 c.307 §2; 1981 c.469 §1; 1981 c.663 §4; 1987 c.401 §1; 1987 c.503 §1a; 1989 c.150 §1; 1989 c.162 §1; 1989 c.493 §1; 1991 c.67 §83; 1991 c.710 §2; 1991 c.780 §§22,23; 1997 c.383 §12]

 

      342.174 [1975 c.278 §7; 1987 c.320 §156; 1993 c.45 §167; renumbered 179.405 in 1993]

 

(Discipline)

 

      342.175 Grounds for discipline; reinstatement. (1) The Teacher Standards and Practices Commission may suspend or revoke the license of a teacher or administrator, discipline a teacher or administrator or suspend or revoke the right of any person to apply for a license if the person has held a license at any time within five years prior to issuance of the notice of charges under ORS 342.176 based on the following:

      (a) Conviction of a crime not listed in ORS 342.143 (3);

      (b) Gross neglect of duty;

      (c) Any gross unfitness;

      (d) Conviction of a crime for violating any law of this or any state or of the United States involving the illegal use, sale or possession of controlled substances;

      (e) Any false statement knowingly made in an application for issuance, renewal or reinstatement of a license; or

      (f) Failure to comply with any condition of reinstatement under subsection (3) of this section or any condition of probation under ORS 342.177 (3)(b).

      (2) Notwithstanding ORS 670.280, the commission shall revoke any license or registration and shall revoke the right of any person to apply for a license or registration if the person has held a license or registration at any time within five years prior to issuance of the notice of charges under ORS 342.176 when the holder or person has been convicted of any crime described in ORS 342.143 (3).

      (3) Except for convictions for crimes listed in ORS 342.143 (3) and subject to subsection (4) of this section, any person whose license or registration has been suspended or revoked or whose privilege to apply for a license or registration has been revoked may apply to the commission for reinstatement of the license or registration after one year from the date of the suspension or revocation. The commission may require an applicant for reinstatement to furnish evidence satisfactory to the commission of good moral character, mental and physical health and such other evidence as the commission may consider necessary to establish the applicant’s fitness. The commission may impose a probationary period and such conditions as it considers necessary upon approving an application for reinstatement.

      (4) The commission shall reconsider immediately a license or registration suspension or revocation or the situation of a person whose privilege to apply for a license or registration has been revoked, upon application therefor, when the license or registration suspension or revocation or the privilege revocation is based on a criminal conviction that is reversed on appeal.

      (5) Violation of rules adopted by the commission relating to competent and ethical performance of professional duties shall be admissible as evidence of gross neglect of duty or gross unfitness.

      (6) A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of a conviction described in this section. [Formerly 342.070; 1965 c.100 §361; 1971 c.743 §358; 1973 c.228 §1; 1979 c.226 §1; 1979 c.226 §1; 1979 c.307 §3a; 1987 c.158 §59; 1987 c.503 §7; 1991 c.662 §1; 1993 c.45 §168; 1993 c.301 §7; 1993 c.603 §1; 1995 c.768 §15; 1997 c.383 §15; 1997 c.864 §19; 1999 c.199 §10; 1999 c.308 §2]

 

      342.176 Preliminary investigation of complaint; materials confidential; notice. (1) Upon receipt of a complaint or information that a person has violated ORS 342.143 or 342.175, the Teacher Standards and Practices Commission shall promptly undertake an investigation.

      (2) The commission may appoint an investigator and shall furnish the investigator with appropriate professional and other special assistance reasonably required to conduct the investigation, and the investigator is empowered to subpoena witnesses over the signature of the executive director, swear witnesses and compel obedience in the same manner as provided under ORS 183.440 (2).

      (3) Following completion of the investigation, the executive director shall report in writing any findings and recommendations to:

      (a) The commission, meeting in executive session, at its next regular meeting following completion of the investigation; and

      (b) The person against whom the charge is made.

      (4) The documents and materials used in the investigation and the report of the executive director are confidential and not subject to public inspection unless the commission makes a final determination that the person charged has violated ORS 342.143 or 342.175.

      (5) If the commission finds from the report that there is sufficient cause to justify holding a hearing under ORS 342.177, it shall notify in writing:

      (a) The person charged, enclosing a statement of the charges and a notice of opportunity for hearing;

      (b) The complainant; and

      (c) The employing district, if any.

      (6) If the commission finds from the report that there is not sufficient cause to justify holding a hearing under ORS 342.177, it shall notify in writing:

      (a) The person charged;

      (b) The complainant; and

      (c) The employing district, if any.

      (7) Notwithstanding ORS 192.660 (6), the commission may make its findings under this section in executive session. However, the provisions of ORS 192.660 (4) apply to the sessions. [1979 c.226 §2; 1987 c.503 §2; 1989 c.149 §1; 1991 c.662 §2; 1997 c.165 §2; 1997 c.594 §2; 2003 c.524 §5]

 

      342.177 Hearing and decision on charges; notice. (1)(a) Hearings under ORS 342.176 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.

      (b) Notwithstanding paragraph (a) of this subsection, the Teacher Standards and Practices Commission shall conduct any hearing that results from the suspension of the teaching license of a teacher under ORS 342.553.

      (c) Any hearing conducted under this subsection shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the district which employs the person shall not be permitted to attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The person against whom the charge is made shall have the right to be represented by counsel and to present evidence and argument. The evidence must be confined to the charges.

      (2) The Teacher Standards and Practices Commission or the person charged may have subpoenas issued to compel attendance at the hearing. The person charged may have subpoenas issued by an attorney of record subscribed by the signature of the attorney or by the executive director. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). The commission or the person charged shall have the right to compel the attendance and obedience of witnesses in the same manner as provided under ORS 183.440 (2).

      (3) The commission shall render its decision at its next regular meeting following the hearing. If the decision of the commission is that the charge described in ORS 342.175 (1) has been proven, the commission may take any or all of the following disciplinary action against the person charged:

      (a) Issue a public reprimand.

      (b) Place the person on probation for a period not to exceed four years and subject to such conditions as the commission considers necessary.

      (c) Suspend the license of the teacher or administrator for a period not to exceed one year.

      (d) Revoke the license of the teacher or administrator.

      (e) Revoke the privilege to apply for a license.

      (4) If the decision of the commission is that the charge is not proven, the commission shall order the charges dismissed.

      (5) The commission shall notify in writing the person charged, the school district by which the person is employed and the Superintendent of Public Instruction of the decision. [1965 c.100 §363; 1965 c.535 §11; 1973 c.228 §2; 1979 c.226 §3; 1989 c.149 §2; 1991 c.662 §3; 1997 c.165 §3; 1999 c.849 §§69,70; 2003 c.75 §33; 2005 c.444 §1]

 

      342.180 Appeal. (1) Any person whose license or registration has been suspended or revoked or who has been disciplined, or who has been refused issuance or reinstatement of a license or registration, and is aggrieved at the decision of the Teacher Standards and Practices Commission, may appeal in the manner provided in ORS 183.480.

      (2) If the Superintendent of Public Instruction, the district school board or the public charter school employing the teacher or administrator is aggrieved at the decision of the commission, the superintendent, the board or the school may appeal from the decision in the manner provided in ORS 183.480.

      (3) Unless the decision of the commission is accompanied by a finding that immediate suspension or revocation of the teaching license or registration is necessary to protect the safety and well-being of students, an appeal made under this section in a proceeding to suspend or revoke shall operate as a stay of the suspension or revocation, if any, until the determination of the appeal. [Formerly 342.075; 1965 c.100 §364; 1973 c.228 §3; 1999 c.199 §7]

 

      342.185 [1961 c.677 §3; 1965 c.100 §365; repealed by 1973 c.228 §10]

 

      342.190 Administrative Procedures Act not applicable to proceedings for reinstatement, revocation or suspension. Except as otherwise specifically provided, ORS chapter 183 does not apply to proceedings under ORS 342.175, 342.177 and 342.180. [1961 c.677 §4; 1965 c.100 §366; 1973 c.228 §4]

 

(Miscellaneous)

 

      342.195 Teaching licenses based on experience in certain federal programs. Upon payment of the required fees, an otherwise qualified applicant for an initial or basic teaching license shall be granted the license upon showing by proof satisfactory to the Teacher Standards and Practices Commission that the applicant has completed under an Armed Forces of the United States or Peace Corps program, or as a volunteer under section 603 of the Economic Opportunity Act of 1964 (Public Law 88-452), two years of satisfactory service which emphasized teaching in any preprimary program or in any grades 1 through 12 in subjects regularly taught in public schools if the applicant either:

      (1) Has completed an approved teacher education program; or

      (2) Has at least the baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program. [1967 c.304 §2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13]

 

      342.200 Administrative licenses based on professional skills and experience. In order to allow the school districts of the state to take full advantage of various professional skills and disciplines not directly developed through teaching experience or professional education for which teaching experience is a prerequisite, it is the public policy of the State of Oregon that the Teacher Standards and Practices Commission, in establishing prof