Text of Licensure Rules to Adopt

TEXT OF LICENSURE RULES TO ADOPT

July 2013

584-020-0041

Misconduct Reporting Requirements

Updates rule to remove repealed statutes, clarify private school administrator; includes school nurses; updates sections of Gross Neglect of Duty that constitute reportable offenses.

(1) For purposes of this rule, "chief administrator" means:

(a) The superintendent, head teacher, head administrator or person designated by a school district board as district school clerk under ORS 332.515, of a school district, education service district or charter school;

(b) The chief administrative officer of public schools administered by the Oregon Department of Education [the Oregon School for the Deaf and the Oregon School for the Blind]; or

(c) The chief administrative officer of a private elementary or secondary school so long as the chief administrative officer is licensed by the Commission. [under ORS 345.505 to 345.585, regardless of whether the school is registered as a private school with the Department of Education.]

(2) A chief administrator will report educators described in this subsection [whether or not the] regardless if the educator is employed in the chief administrator's district. Subject educators include:

(a) Any educator possessing a TSPC-issued license or certification;

(b) Any educator holding a charter school registration;

(c) Any pre-service candidate [placed] enrolled in a public or private school for purposes of program completion pursuant to any program described in division 17 of these administrative rules.

(3) A chief administrator will report to the Executive Director within thirty (30) days the name of any person described in subsection (2) above, when the chief administrator reasonably believes the person may have committed any act which may constitute any of the designated acts of gross neglect of duty under OAR 584-020-0040(4), subsections (a) to (s) [(i), (k) to (o) or (q)] or any of the designated acts of gross unfitness listed under OAR 584-020-0040(5), subsections (a) to (e).

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.143 & 342.175 - 342.190
Hist.: TS 4-1993, f. & cert. ef. 9-29-93; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00; TSPC 7-1999, f. & cert. ef. 10-8-99; TSPC 1-2001, f. & cert. ef. 1-17-01; TSPC 9-2006, f. & cert. ef. 6-15-06; TSPC 7-2007, f. & cert. ef. 12-14-07

584-036-0055

Fees

Removes reference to Alternative Assessment Fee

(1) All fees are assessed for evaluation of the application and are not refundable.

(2) If the applicant is eligible for the license, registration, or certificate for which application is made and the license, registration or certificate is issued within 90 days of original application, the commission shall issue the license, without additional charge with the following exceptions:

(a) If the commission determines the application is incomplete and fails to notify the applicant in less than one calendar week, the commission will extend the 90 days by an amount equal to the number of days the commission delayed notifying the applicant of incomplete items.

(b) For renewable licenses with a 120 day grace period, the original application fee remains good throughout the 120 days.

(c) If the commission fails to issue the license within 90 days due to commission backlog, the fee shall remain good until the license is issued or 120 days, whichever is less.

(3) The fee for evaluating an initial application:

(a) Initial I License (3 years): $100;

(b) Initial I Teaching License (18 months): $50;

(d) Basic License (3 years): $100;

(e) Continuing License (5 years): $100;

(f) Standard License (5 years): $100;

(g) Restricted Transitional License (1 year or 3 years): $100;

(h) Limited License (3 years): $100;

(i) American Indian Language License (3 years): $100;

(j) Substitute License (3 years): $100;

(k) Restricted Substitute License (3 years, 60 days per year): $100;

(l) Exceptional Administrator License (3 years): $100;

(m) Career and Technical Education I Teaching License (1 year): $100;

(n) Career and Technical Education II Teaching License (3 years): $100;

(o) Five-Year Career and Technical Education License (5 years): $100;

(p) Emergency License (term at discretion of Executive Director): $100;

(q) School Nurse Certification (3 years): $100;

(r) International Visiting Teaching License (1 year): $100;

(s) License for Conditional Assignment (1 to 3 years) $25;

(t) Initial Administrator License (3 years): $100;

(u) Initial School Psychologist License (3 years): $100; and

(v) Initial School Social Worker License (3 years): $100.

(4) The fee for evaluating all applications for a first Oregon license based on completion of an out-of-state educator preparation program or an out of state license is $120 regardless of the license issued.

(5) The fee for registration of a charter school teacher or administrator is $75 which includes the fee for required criminal records and fingerprinting costs.

(6) The fee for evaluating an application for renewal of any license or certification is $100 except as follows:

(a) Renewal of a one-year Restricted Transitional Teaching License is $25;

(b) Renewal of a charter school registration is $25;

(d) Renewal of Career and Technical Education I Teaching License is $25; and

(e) Renewal of License for Conditional Assignment is $25.

(7) The fee for each of the following circumstances is $20:

(a) A duplicate license, registration, or certificate for any reason;

(b) An approved extension to a provisional license; and

(8) The fee for evaluating an application to add one or more endorsements or authorization levels to a currently valid license is $100. No additional fee is required to add an endorsement or authorization in conjunction with an application for renewal or reinstatement of a license.

(9) The fee to evaluate an application for reinstatement of an expired license or certificate is $100 plus a late application fee of $25 for each month or portion of a month that the license or certificate has been expired to a maximum of $200 total.

(a) The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired license, registration or school nurse certification.

(b) Late fees may only be imposed one time following the expiration of a license or school nurse certificate. If the applicant does not initially qualify for the license or certificate the applicant is seeking to reinstate, no additional late fees will be imposed upon application for subsequent licenses so long as the applicant has a current active license, registration or certification in effect at the time of application.

(c) In certain cases involving extenuating circumstances related to OAR 584-036-0057 Late Fee Waivers, the Executive Director may choose to waive this late fee.

(10) The fee for evaluating an application for reinstatement of a suspended license or certificate is $100 in addition to the $100 application fee for a total of $200. The fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired license or certificate.

(11) The fee for evaluating an application for reinstatement of a suspended charter school registration is $50 and does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired registration.

(12) In addition to the application fees required by this rule, the 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, certificate or registration.

(13) The fee for evaluating an application for reinstatement of a revoked license or certificate is $150 in addition to the $100 application fee for a total of $250. The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired license, or school nurse certificate.

(14) The fee for evaluating an application for reinstatement of a revoked charter school registration is $150 in addition to the $25 application fee for a total of $175. The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired charter school registration.

(15) Forfeiture for a check which the applicant's bank will not honor is $25, unrelated to any evaluation fees. The total amount due shall be paid in cash, credit, or Money Order at the Commission's office.

(16) The fee for evaluating licensure applications submitted on behalf of teachers participating in exchange programs or on Congressional appointment from foreign countries is $100.

[(17) The fee for alternative assessment in lieu of the test for licensure endorsement is $100.]

[(18)] (17) The fee for expedited service for an emergency or other license, registration or certificate is $99 plus the fee for the license registration or certificate application as defined in this administrative rule.

[(19)] (18) The fee to evaluate an application for reinstatement of an expired charter school registration is $25 plus a late application fee of $25 for each month or portion of a month that the registration has been expired to a maximum of $125 total. The reinstatement fee does not include any separate fingerprint fee that may be required if more than three years has elapsed from the date of the expired charter school registration.

[(20)] (19) The fee for a criminal records check including fingerprinting is $59.

[(21)] (20) The fee for a "highly qualified teacher" evaluation is $50.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 – 342.430; 342.455-342.495; 342.533
Hist.:

584-036-0080

Licensure Tests

Clarifies Basic Skills for Oregon Completers (policy adopted by Commission in 2009); and eliminates Alternative Assessment Language

(1) Licensure tests are required to demonstrate subject-matter competency in most endorsement areas established by the commission.

(2) Out-of-State Applicants: Out-of-state applicants may present proof of passage of another state’s subject-matter competency test for full subject-matter endorsement on an Oregon license under the following conditions:

(a) The area in which the test was passed is comparable to the subject-matter endorsement area adopted by the commission and is not a basic skills test;

(b) The test was administered by either the former or current testing companies representing Evaluation Systems group of Pearson (ESP) or Education Testing Service (ETS);

(c)(A) A passing score on an out-of-state licensure test for subject-matter endorsement on the license results in waiver of a comparable Oregon adopted beginning-teacher licensure test if the subject-matter area covered by the out-of-state test is more similar than not to the Oregon test.

(B) The burden is on the applicant to provide alternate proof the test was taken and the score was a passing score in another state if the applicant is unable to produce an original score report. TSPC reserves the right to reject the alternate verification if the source of the score verification is not a higher education institution or another public educator licensure agency; and

(d) Any subject-matter test, except the basic skills tests, may be waived if the applicant demonstrates special academic preparation satisfactory to the commission together with five years of half-time or more experience teaching the specific subject matter on a license valid for the assignment in a public school or regionally accredited private school in a U.S. jurisdiction before holding any Oregon license. The five years of half-time or more experience must be acquired entirely outside of the State of Oregon and must be obtained while holding an unrestricted out-of-state license valid for the assignment. Teaching experience without a valid license does not count toward test waiver.

(3) An electronic score report submitted by the testing company administering the test at the applicant's request will be treated as an "original" score report. In all other cases, only the original score report, or an authentic facsimile will be accepted as validation of passing the required test. TSPC reserves the right to require the applicant to produce authentic evidence of passage of the test the applicant wishes to submit for consideration for test waiver.

(4) Other evidence documenting passage of a required test for licensure may be accepted at the executive director's discretion when exigent circumstances prohibit the educator from presenting an original score report. The executive director may submit the evidence and the decision to the commission at the next meeting at the director’s discretion in cases the director believes may need commission review.

(5) Basic Skills Tests: (a) To satisfy the basic skills testing requirements, the commission will accept passing scores on the following tests under the following conditions:

(A) Oregon program completers must pass the NES Essential Skills [Test] Tests — Evaluation Systems group of Pearson (ESP)

(B) Out of state program completers:

[(b)] (i) California Basic Educator Skills Test (CBEST) — Evaluation Systems group of Pearson (ESP);

[(c)] (ii) Washington Educator Skills Test — Basic (WEST-B) — Evaluation Systems group of Pearson (ESP);

[(d)] (iii) Praxis I: Pre-Professional Skills Assessment (PPST) — or other Education Testing Service (ETS) developed basic skills tests;

[(e)] (b) A regionally-accredited or foreign equivalent master’s degree or higher held at the time of admission into an educator preparation program, waives the basic skills tests;

[(f)] (c) An out-of-state applicant may waive the basic skills test with evidence of full out-of-state licensure and a master’s degree from an accredited institution or foreign equivalent;

[(g)] (d) Applicants submitting proof of a non-provisional California Teaching License will be deemed to have passed the California Basic Educator Skills Test (CBEST);

[(6) Applicants may be eligible for Alternative Assessment in lieu of the subject-matter tests. Alternative Assessment is only allowed for waiver of subject-matter tests required for specific licenses or endorsements. (See OAR 584-052-0030 to 584-052-0033 regarding Alternative Assessment.)]