US Laws, Codes, Statutes & Cases

Chapter 342 — Teachers and Other School Personnel

 

2007 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 and administrator 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 licenses and registrations

 

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     Criminal records check; 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

 

342.603     Administrators; employment contract; health benefits; restrictions

 

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

 

STEROIDS AND PERFORMANCE-ENHANCING SUBSTANCES

 

342.721     Definitions for ORS 342.723 and 342.726

 

342.723     Prohibitions on school district employees

 

342.726     Program on prevention and education; training

 

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; rules

 

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 a disability 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; 2007 c.70 §100]

 

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 and administrator 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 and administrator 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 or administrator. The application shall include:

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

      (B) A description of the background of the applicant that is relevant to the teaching or administrator 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 and to information received under ORS 342.143 (2), 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, the background check through an interstate clearinghouse of revoked and suspended licenses or the information received under ORS 342.143 (2). The registration is valid for three years and may be renewed upon joint application from the teacher or administrator 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.

      (d) A registration as a public charter school administrator qualifies its holder to accept the administrator 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; 2007 c.575 §8]

 

      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 or administrator that includes any fee charged pursuant to rules adopted under ORS 181.534.

      (f) A fee not to exceed $75 for renewal of a registration as a public charter school teacher or administrator that includes any fee charged pursuant to 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; 2007 c.35 §3; 2007 c.575 §10]

 

      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 licenses and registrations. (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 require an applicant for a teaching, personnel service or administrative license or for registration as a public charter school teacher or administrator 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 or administrator.

      (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 or administrator 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, 163.432, 163.433, 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, 167.054, 167.057, 167.062, 167.075, 167.080, 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; 2007 c.575 §11; 2007 c.869 §10; 2007 c.876 §8]

 

      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 ev