Oregon Bulletin
Rule
Caption: Adopts new License for
Conditional Assignment (LCA).
Adm.
Order No.: TSPC 8-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 1-15-12
Notice Publication
Date: 9-1-2011
Rules Adopted: 584-060-0250
Subject: 584-060-0250 License for Conditional Assignment – New license adopted to replace the existing 584-036-0081, Conditional
Assignment Permit.
Rules Coordinator: Lynn Beaton—(503) 373-0981
584-060-0250
License for Conditional Assignment
(1) Upon filing a correct and complete application in
form and manner prescribed by the commission, a school district, registered
charter school or registered private school in Oregon may request a for
Conditional Assignment (LCA) for any educator holding an Initial, Continuing,
Basic, Standard or Five-year License. The purpose of an LCA is to allow a
school district to request an educator be misassigned to teach an out-of-field
endorsement while the educator completes requirements necessary either to add
the same endorsement to the underlying license or to obtain a new license type.
(2) Use of a License for Conditional Assignment by a
charter school or private school is voluntary. However, an LCA may be necessary
for an educator teaching out of field in order for the educator to use that
experience for addition of a new subject-matter endorsement or grade
authorization area.
(3) The LCA is required when teaching out-of-field
under any of the following circumstances:
(a) Teaching assignments for more than 10 hours weekly
in one subject-matter area without the appropriate subject-matter endorsement;
(b) Assignment at any grade level not held on the
underlying license;
EXAMPLE: A high school authorized teacher teaching in grade 4 would
require an LCA for any amount of time teaching outside of her grade level.
EXAMPLE : A physical education teacher without a health endorsement
teaching health three periods of the day would require a LCA for health. If
only teaching two periods a day; that would fall under the 10 hours per week
threshold.
(c) Teaching in more than one unendorsed subject-matter
endorsement area; or
EXAMPLE : If the physical education teacher above was teaching one period
of health and one period of math; then an LCA would be required for both areas
regardless of the 10 hours per week rule. The 10 hours per week rule applies to
one subject only.
(d) Moving from one license to another;
EXAMPLE: A teacher moving to administration; an administrator moving to
teaching (if educator does not hold a valid teaching license); a teacher moving
to school psychology.
(4) Duration of the LCA: The LCA is a license, but it
is unique in that it provides temporary conditional approval to teach
out-of-field under the following conditions:
(a) One year for endorsements requiring only a test and
experience to be added to a teaching license.
(b) Three years for endorsements requiring coursework
exceeding nine quarter or six semester hours through an academic program.
(c) The LCA will not be “back dated.” Time spent on
assignments where the district failed to request the LCA will be deducted from
the allowable LCA total (either one year or three years). Violation of this
provision may be grounds for disciplinary action by the commission (see
subsection (8) below.)
(d) The LCA is not renewable and is not eligible for a
120 day extension beyond its expiration date.
(e) The LCA is not a stand-alone license. An underlying
license must be kept current in order for the LCA to remain active. The LCA
will not be issued for a duration that exceeds the expiration date of the
underlying license. In cases where there is a lapse in the underlying license,
the LCA may be re-activated for a time as determined by the Executive Director
upon reinstatement of the underlying license.
(5) The district, charter school or private school
applying for an LCA is assumed to have informed the educator for which the LCA
is being requested. Failure to inform the educator may result in an invalid LCA
upon a finding by the Commission that the educator did not grant the district,
charter school or private school permission to add the LCA to the educator’s
license.
(6) Licenses not eligible for an LCA include, but are
not limited to the following provisional licenses:
(a) Any Restricted Transitional
(b) Limited Teaching License;
(c) American Indian Language;
(d) Teaching Associate License;
(e) Career and Technical Education Teaching License;
(f) NCLB Alternative Route License;
(g) Substitute Teaching License
(h) Restricted Substitute Teaching License; or
(i) Exceptional Administrator License.
(7) Districts and educators who violate the provisions
of this rule may be subject to discipline pursuant to OAR 584-020-0040 or
forfeiture of state school funds pursuant to ORS 342.173 and OAR 584-050-0060
to 584-050-0070.
(8) Other Special LCA Limitations:
(a) An administrator, school counselor, or school
psychologist who has never held a non-provisional teaching license in any state
may not be issued an LCA to teach.
(b) An educator seeking conditional assignment as an
administrator must hold a master’s degree in education to be eligible for the
LCA.
(c) An educator seeking conditional assignment in
either school counseling or school psychology must hold at least a bachelor’s
degree or master’s degree in the respective field of counseling or psychology.
(d) Educators holding a Basic or Standard Teaching
License must only seek a LCA for school counseling if the assignment exceeds
.50 FTE.
(e) An educator must have completed some coursework in
an accredited special education program or have had some other significant
experience related to special education as determined by the Executive Director
to be eligible for an LCA in Special Education.
(9) The conditional assignment permit is restricted to
use within the district, charter school or private school that has applied for
it. However, a new district, charter school or private school may request the
same type of conditional assignment so long as there is time remaining since
the date the LCA was first issued.
(10) A district, charter school or private school must:
(a) Apply for an LCA by October 31 for the fall term or
otherwise within two weeks after the assignment has begun; and
(b) Agree to provide professional assistance specific
to the assignment for the educator during the first year of the conditional
assignment.
(11) LCAs submitted in error by the district, charter
school or private school may be removed upon contacting TSPC in writing and
indicating the nature of the error.
(12) An LCA cannot be renewed or later re-issued for
the same authorization level or specialty endorsement approved.
(13) After an LCA has expired, the educator must have
completed all requirements necessary to add the appropriate endorsement,
grade-level authorization or new licensure program in order to continue working
in the area in which the educator is not properly licensed. Continuing to work
as an educator on an expired LCA is a violation of licensure law and is
unauthorized. The license-holder or the assigning administrator or both may be
subject to sanctions by the commission pursuant to OAR 584-020-0040.
(14) Districts, charter schools or private schools and
co-applicant educators may jointly petition the Executive Director for a
hardship extension for up to one year under the following conditions:
(a) The district, charter school or private school and
educator must explain hardship and the exact circumstances that have prevented
the educator from obtaining the endorsement, authorization level or license
needed to remain in the conditional assignment; and
(b) The educator has made significant progress toward
completing the requirements which includes but is not limited to:
(A) Having taken any applicable subject-matter tests at
least two times; or
(B) Has completed at least half of the coursework for
any program required to continue to teach the subject; or
(C) Has taken steps toward completing an alternative
assessment as part of meeting the LCA requirements; and
(c) The educator and the district, charter school or
private school has a plan for completing the requirements for the assignment
within the next calendar year.
Stat. Auth.: ORS 342
Stats. Implemented: ORS
342.120–342.143, 342.153, 342.165, 342.223–342.232
Hist.: TSPC 8-2011, f. 12-15-11,
cert. ef. 1-15-12
Notes
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