Teacher Standards and Practices Commission_584

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The Oregon Administrative Rules contain OARs filed through January 15, 2010

TEACHER STANDARDS AND PRACTICES COMMISSION

DIVISION 36

RULES FOR LICENSURE

License Types and Their Use

584-036-0010

Personnel Required to Hold Licenses, Certificates or Charter School Registrations

(1) Educators who are employed by public schools and who are compensated for their services from public funds must hold licenses, certificates or registrations issued by the Commission except as provided in section (2) of this rule. Licenses, certificates or registrations are required for:

(a) Teachers;

(b) School counselors;

(d) Supervisors;

(e) Career and technical education directors;

(f) Principals;

(g) Program directors; and

(h) District administrators who evaluate licensed personnel;

(i) Superintendents;

(j) Athletic coaches who coach during the school day;

(k) School nurses (certificates);

(l) Substitute teachers;

(m) Charter school teachers (registrations);

(n) Charter school administrators (registrations); and

(o) Other personnel performing the above duties regardless of title.

(2) School districts may provide related services for children identified as requiring special education services by employing a public agency, such as a community mental health program, or by employing professionals who are licensed within their own specialties by the State of Oregon. These personnel are not required to hold licensure from the Commission. See also ORS 343.221.

(3) Notwithstanding ORS 342.173, community college faculty who provide instruction in cooperation with a school district for academic career and technical education, school-to-work or other work-related programs under ORS chapter 329 shall not be required to have teaching licenses. See also ORS 341.535. Both full-time and part-time faculty employed under this section are subject to criminal history records checks by the Oregon State Police and the Federal Bureau of Investigation. See also ORS 326.603 and OAR 581-022-1730.

584-036-0011

Responsibilities of Teachers

A teacher performs one or more of the following tasks: plans instruction, establishes a classroom climate conducive to learning, implements plans for instruction, evaluates student achievement, and appropriately directs instructional assistants:

(1) Plans for Instruction. Examples of planning include, but are not limited to:

(a) Selects or writes learning goals that are based upon district objectives, Oregon Board of Education directives, and the physical and mental maturity of the students;

(b) Determines the current achievement level of the students with respect to the learning goals;

(c) Establishes objectives for a unit of instruction, formulates daily lessons and evaluates students' attainment of learning goals;

(d) Adapts unit and lesson plans for exceptional learners and for students from varying cultural, social, and linguistic backgrounds;

(e) Selects and organizes instructional materials and equipment for the units of instruction;

(f) Designs instructional activities to achieve unit and lesson objectives; and

(g) Estimates the time required for direct instruction, students' practice and application, and evaluation of student learning.

(2) Establishes a classroom climate conducive to learning by students. Examples of establishing conducive climate include, but are not limited to:

(a) Communicates classroom rules and behavioral expectations based upon the level of development of students and laws governing student rights and responsibilities;

(b) Applies principles of sex equity, racial justice, and least restrictive environment for disabled students;

(c) Recognizes the effects of the physical, social, and emotional climate of the students' homes and community on student motivation and behavior;

(d) Encourages appropriate behavior and provides meaningful reinforcement when it occurs;

(e) Monitors student conduct and takes appropriate action when misbehavior occurs;

(f) Interacts thoughtfully and courteously with students, colleagues, and parents and resolves conflicts in a professional manner;

(g) Uses classroom time effectively to provide maximum time on learning tasks;

(h) Manages instructional transitions; and

(i) Coordinates the use of parent volunteers, student assistants, and other support personnel to achieve instructional objectives.

(3) Implements Plans for Instruction. Examples of instruction include, but are not limited to:

(a) Organizes students to engage in planned learning activities;

(b) Communicates learning outcomes to be achieved and focuses student interest on tasks to be accomplished;

(d) Monitors the effectiveness of learning activities and modifies the pace and content of instruction as needed to achieve unit and lesson objectives; and

(e) Uses techniques that promote critical thinking and problem solving and that encourage divergent as well as convergent thinking.

(4) Evaluates Student Achievement. Examples of evaluation include, but are not limited to:

(a) Selects and uses tests, observation, student interviews, and other formal and informal assessment procedures to determine the extent to which each student has achieved the objectives of the lesson and/or unit of instruction;

(b) Grades and records the students' progress, prepare anecdotal records, and reports achievement to students and parents;

(d) Uses data on student achievement to refine curriculum objectives and to plan further instruction; and

(e) Documents teaching effectiveness through assembling and analyzing samples of students' work.

(5) Directs Instructional Assistants. Examples of directing instructional assistants include, but are not limited to:

(a) Delegates specific instructional tasks to be performed for individual students or groups of students in accordance with the skills and abilities of each instructional assistant;

(b) Trains the assistant in the instructional tasks to be performed under the teacher's supervision;

(d) Assumes full accountability for effectiveness and safety of tasks delegated to instructional assistants.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - ORS 342.200
Hist.: TS 6-1993, f. & cert. ef. 12-7-93

Types of Licenses and Their Use in Public Schools

584-036-0015

Basic and Standard Teaching Licenses with Authorizations and Endorsements

(1) A Basic Teaching License issued under rules adopted prior to 1999 is valid for three years and may be renewed under conditions set forth in division 048. The endorsements are valid only for departmental assignments in elementary, middle, or junior high schools through grade nine if requirements leading to standard licensure are not met. To retain authorization for teaching in a high school, holders of subject matter endorsements must meet renewal requirements leading to standard licensure (See, Division 40 for further information).

(2) A Standard Teaching License issued under rules adopted prior to 1999 is valid for five years and may be renewed. A Standard Teaching License is valid for the same assignments as a Basic Teaching License with similar authorizations and endorsements. In addition, the Standard Teaching License authorizes assignments in grades five through twelve or in preprimary through grade twelve for which a renewed Basic Teaching License may not provide authorization. These authorizations and endorsements are explained in the following sections.

(3) Grade level authorizations are stated on a Basic or Standard Teaching License as follows:

(a) Preprimary through nine;

(b) Preprimary through twelve;

(d) Grades five through twelve.

(4) Assignments: Assignments which are permitted on Basic and Standard Teaching Licenses are stated as endorsements as follows:

(a) Elementary (014): An elementary subject matter endorsement issued before January 14, 1987 is valid for the self-contained classroom and for departmental assignments in preprimary through grade nine of an elementary, middle, or junior high school except assignments of .51 percent or more in:

(A) Art;

(B) Library media;

(D) Health;

(E) Home economics;

(F) Technology education;

(G) Music;

(H) Physical education;

(I) Reading;

(J) ESOL; and

(K) School Counseling.

(b) Elementary (016): An elementary subject matter endorsement issued after January 14, 1987 is valid for the self-contained classroom and for departmental assignments in preprimary through grade nine of an elementary, middle, or junior high school except assignments of .51 percent or more in:

(A) Art;

(B) Library media;

(D) Health;

(E) Home economics;

(F) Technology education;

(G) Mathematics;

(H) Music;

(I) Physical education;

(J) Reading;

(K) ESOL; and

(L) School Counseling.

(c) The elementary endorsement is also valid for assignments in the high school in which the holder is teaching elementary basic skills as it relates to more than one of the following high school subject areas:

(A) Language arts;

(B) Social studies;

(D) Reading.

(d) Middle School endorsements: Middle school endorsements in language arts, social studies or science may be added to a Basic or Standard teaching license. These endorsements are valid to teach the subject in grades 5 through 9 in an elementary, middle or junior high school only.

(e) Subject matter endorsements valid in preprimary through 12: The following subject matter endorsements are valid for teaching in the subject area in grades preprimary through grade twelve:

(A) Art;

(B) ESOL;

(D) Health;

(E) Home economics;

(F) Technology education;

(G) Library media;

(H) Mathematics;

(I) Music;

(J) Physical education; or

(K) Reading.

(5) Special Education Assignments: The appropriate special education endorsement is required for a special education assignment in a state-reimbursed or state-approved program. Special education endorsements are valid in preprimary through grade twelve, but are limited to teaching in the special education endorsement area only.

(a) The Exceptional Learner I and II endorsements are valid for teaching exceptional learners and severe exceptional needs learners, except hearing impaired, speech impaired, and visually impaired, which require the specific endorsement.

(b) The Severe Exceptional Needs Learner endorsement is valid for teaching those defined in OAR 584-036-0005.

(6) Basic special education license must qualify for standard: Upon expiration of the second Basic Teaching License, the holder of a special education endorsement must qualify for a Standard Teaching License with a standard special education endorsement. The severe exceptional needs learner endorsement is an exception to this rule; it may be renewed without completion of a Standard Teaching License. (See OAR 584-048-0030 regarding renewal of the severe exceptional needs learner endorsement.)

(7) Career and Technical Education endorsements: A career and technical education endorsement is valid for teaching in career and technical education programs approved by the Oregon Department of Education and as noted on the license. Any career and technical education endorsement is valid for assignments in diversified occupations or as work experience coordinators. (See OAR 584 division 42 for Career and Technical Education Licenses.)

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.430 & 342.985
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 2-1979, f. 8-21-79, ef. 1-1-80; TS 2-1981(Temp), f. & ef. 8-17-81; TS 1-1982, f. & ef. 1-5-82; TS 6-1982, f. & ef. 12-9-82; TS 3-1983, f. & ef. 5-16-83; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 1-1987, f. & ef. 3-3-87; TS 1-1988, f. 1-14-88, cert. ef. 1-15-88; TS 3-1988, f. & cert. ef. 4-7-88; TS 2-1989, f. & cert. ef. 2-16-89; TS 3-1989, f. & cert. ef. 7-31-89; TS 5-1989(Temp), f. & cert. ef. 10-6-89; TS 7-1989, f. & cert. ef. 12-13-89; TS 2-1990, f. 6-1-90, cert. ef. 6-14-90; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1992, f. & cert. ef. 10-1-92; TS 6-1997, f. 9-25-97, cert. ef. 1-15-01; TSPC 5-2001, f. & cert. ef. 12-13-01; TSPC 4-2005(Temp), f. & cert. ef 5-6-05 thru 9-30-05; TSPC 7-2005, f. & cert. ef. 8-24-05; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 2-2009, f. & cert. ef. 3-12-09

584-036-0017

Distance Learning Teachers

(1) Except as provided by section (3) of this rule, any teacher employed by a distance learning program in Oregon, employed to deliver education outside of the school district in Oregon, shall hold a valid Oregon teaching license appropriate for the grade level and subject matter being taught.

(2) Except as provided by section (3) of this rule, an out of state distance learning teacher employed by a distance learning program in or outside of Oregon shall provide verification satisfactory to the Commission that the teacher holds a current valid teaching license from any state for the appropriate grade level and subject matter.

(3) A school district may contract with a post-secondary institution accredited by the Northwest Association of Schools and Colleges for distance instruction at the high school level provided restrictions and approvals required by ORS 342.173 have been met.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.200, 342.400 & ORS 342.985
Hist.: TS 8-1989(Temp), f. & cert. ef. 12-13-89; TS 2-1990, f. 6-1-90, cert. ef. 6-14-90; TS ; TS 1-1996, f. & cert. ef. 1-29-96; TSPC 2-2004, f. & cert. ef. 3-17-04

584-036-0025

Basic and Standard Personnel Service Licenses

(1) A Basic Personnel Service License is valid for three years.

(2) A Basic Personnel Service License is renewable, but personnel specialists must qualify for a Standard Personnel Service License upon expiration of the second basic license.

(3) A Standard Personnel Service License valid for five years is issued to an applicant who meets the requirements set forth in OAR 584-044-0015.

(4) A Standard Personnel Service License is renewable and is valid for the same assignments as a basic license with similar endorsements.

(5) Basic or Standard Personnel Service Licenses are valid for personnel service, substitute teaching, and athletic coaching from preprimary through grade twelve when endorsed as follows:

(a) A counselor endorsement is required for personnel assigned one-half time or more to assist students to:

(A) Develop decision-making skills;

(B) Obtain information about themselves;

(D) Set tentative career and educational goals;

(E) Accept increasing responsibilities for their own actions;

(F) Develop skills in interpersonal relations; and

(G) Use school and community resources.

(b) A school psychologist endorsement issued by the Commission or a psychologist license issued by the Oregon Board of Psychologist Examiners is required for an employee of the district who is not providing instruction as a teacher or counselor, but who is assigned to:

(A) Assessment of student's mental aptitude;

(B) Emotional development, motor skills or educational progress;

(D) Providing specially designed instruction in the area of social and behavioral skills; and

(E) Consulting with parents and students regarding interpretation of assessments and the design of educational programs. (See also OAR 584-036-0010 pertaining to "related services" for special education students.)

(c) Requirements for basic and standard school psychologist endorsements are set forth in OAR 584-044-0014 and 584-044-0023.

(6)(a) A supervisor endorsement is valid for a position which includes the evaluation of licensed personnel.

(b) An Administrative License may be used in place of a Personnel Service License with the supervisor endorsement.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.200, 342.400 & 342.985
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78, except section (1)(a)(b), (3)(d), ef. 1-1-80; TS 1-1982, f. & ef. 1-5-82; TS 6-1982, f. & ef. 12-9-82; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 1-1992, f. & cert. ef. 1-15-92; TS 1-1995, f. & cert. ef. 7-18-95; TSPC 5-2009, f. & cert. ef. 10-5-09

584-036-0035

Basic and Standard Administrative Licenses

A Basic Administrative License valid for two years is issued to an applicant who meets the requirements set forth in OAR 584-046-0005. The basic license is renewable, but an administrator or superintendent must qualify for a Standard Administrative License on expiration of the third Basic Administrative License. A Standard Administrative License valid for five years is issued to an applicant who meets the requirements set forth in OAR 584-046-0020. A standard license is renewable and is valid for the same assignments as a basic license with similar endorsements. Basic or Standard Administrative Licenses are valid for administration, substitute teaching, and athletic coaching from preprimary through grade twelve when endorsed as provided in section (1) or (2) of this rule:

NOTE: The vice principal endorsement is an exception to this rule; a Basic Administrative License with only a vice principal endorsement may be renewed without completion of a Standard Administrative License. See OAR 584-036-0045(8) regarding renewal of the vice- principal endorsement.

(1) Superintendent endorsements are required for the district's chief administrator who reports directly to the school board and for the chief administrator's subordinates whose titles include the term "superintendent," such as deputy, associate, or assistant superintendents, and who evaluate licensed personnel. Only the superintendent endorsement is required if one serves as both superintendent and principal in the district. Administrative licensure is not required for the head teacher in an elementary school district with seven or fewer teachers including the head teacher. See OAR 584-046-0019 and 584-046-0024 for the requirements for basic and standard superintendent endorsements.

(2) A basic or standard administrator endorsement is required for the administrator in each school attendance unit who evaluates licensed personnel. But administrative licensure is not required for the head teacher in an elementary school with seven or fewer teachers including the head teacher. See OAR 584-046-0016 and 584-046-0021 for the requirements for basic and standard administrator endorsements.

(3) Either an administrator or superintendent endorsement is required for an administrator who evaluates licensed personnel, but who does not serve as a principal, vice-principal, or superintendent (or whose title does not include the term superintendent).

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120, ORS 342.127, ORS 342.135, ORS 342.140, ORS 342.143, ORS 342.147, ORS 342.164, ORS 342.175 & ORS 342.176
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78, except sections (1)(a)(b), (3)(a),(d),(e), (4); TS 4-1979, f. 12-19-79, ef. 1-1-80; TS 2-1986, f. 4-18-1986, cert. ef. 1-15-88; TS 1-1982, f. & ef. 1-5-82; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 2-1986, f. 4-18-86, cert. ef. 1-15-88; TS 1-1987, f. & ef. 3-3-87; TS 1-1988, f. 1-14-88, cert. ef. 1-15-88; TS 3-1988, f. & cert. ef. 4-7-88; TS 1-1992, f. & cert. ef. 1-15-92; TS 2-1993, f. 4-19-93, cert. ef. 1-15-94

584-036-0045

Licenses Issued Under Previous Rules

(1) A Five-Year Elementary Teaching License originally issued prior to October 15, 1965 is valid from preprimary through grade eight in an elementary school and in grades seven through nine in a middle, junior high, or six-year high school. This license is also valid to serve as a vice principal or counselor in an elementary, middle, or junior high school.

(2) A Provisional or Five-Year Regular Secondary License originally issued prior to October 15, 1965 is valid for any teaching assignment in grades seven through twelve in a departmental elementary, middle, junior high, or senior high school. This license is also valid to serve as a vice principal or counselor in grades seven through twelve.

(3) A Five-Year or One-Year License originally issued prior to October 15, 1965 for a specific subject or special education is valid only in the specified subject or field.

(4) An Administrative License originally issued prior to October 15, 1965 is valid for the administrative assignments stated on the license.

(5) Persons renewing Basic, Standard, Initial, Continuing, or Professional Licenses with endorsements that have been renamed or otherwise modified are issued comparable licenses and endorsements under Rules for Licensure in effect at the time of renewal.

(6) A person holding a Standard Teaching License with a standard endorsement in extreme learning problems, mentally retarded, or physically handicapped may renew the Standard Teaching License, but without a change of endorsement as provided in section (5) of this rule. Or such a person may qualify for a handicapped learner endorsement by presenting credit or demonstrating competency in each of the following: diagnostic and prescriptive techniques and materials, classroom management and student discipline, alternative organizational patterns and curricula, and communication and counseling.

(7) A Five-Year Elementary Teaching License or a Provisional or Five-Year Regular Secondary Teaching License shall be converted to a Basic or Standard Teaching License when the holder applies and qualifies for one or more of the subject matter endorsements listed in OAR 584-038-0010 through 584-038-0330, without further verification of the preparation required by OAR 584-038-0003(1)(c) or (d).

(8) Vice principals may renew the Basic Administrative License with the vice-principal endorsement in accordance with OAR 584-048-0085(2).

(9) A person who holds a basic or standard endorsement in which TSPC has rescinded, and for which there is no comparable endorsement under the current rules, may continue to renew the endorsement if requirements for renewal of the Basic or Standard Teaching License to which the endorsement is attached have been met.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.127, ORS 342.135, ORS 342.140, ORS 342.143, ORS 342.147, ORS 342.164, ORS 342.175 & ORS 342.176
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 6-1979, f. 12-19-79, ef. 1-1-80; TS 1-1982, f. & ef. 1-5-82; TS 3-1983, f. & ef. 5-16-83; TS 2-1986, f. 4-18-86, cert. ef. 1-15-88; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 8-1986, f. 12-19-86, ef. 1-15-87; TS 1-1988, f. 1-14-88, cert. ef. 1-15-88; TS 3-1988, f. & cert. ef. 4-7-88; TS 2-1989, f. & cert. ef. 2-16-89; TS 6-1989, f. & cert. ef. 10-6-89; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92; TSPC 2-2002, f. & cert. ef. 3-15-02

584-036-0055

Fees

(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) Three-Year Career and Technical Education License (3 years): $100;

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

(o) NCLB Alternative Route License (3 years): $100;

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

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

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

(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, 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.

(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) 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) 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) The fee for a criminal records check including fingerprinting is $62.

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

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.200, 342.400 & 342.985
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 2-1979, f. 8-21-79, ef. 1-1-80; TS 1-1982, f. & ef. 1-5-82; TS 3-1983, f. & ef. 5-16-83; TS 4-1983, f. 5-17-83, ef. 7-1-83; TS 6-1984, f. 12-27-84, ef. 1-15-85; TS 4-1985, f. 10-4-85, ef. 1-1-86; TS 7-1986, f. 10-15-86, ef. 1-15-87; TS 5-1988, f. 10-6-88, cert. ef. 1-15-89; TS 7-1989, f. & cert. ef. 12-13-89; TS 1-1992, f. & cert. ef. 1-15-92; TS 4-1994, f. 7-19-94, cert. ef. 10-15-94; TS 5-1994, f. 9-29-95, cert. ef. 10-15-94; TS 4-1997, f. 9-25-97, cert. ef. 10-4-97; TSPC 4-1999, f. & cert. ef. 8-2-99; TSPC 2-2000, f. & cert. ef. 5-15-00; TSPC 1-2003, f. & cert. ef. 1-13-03; TSPC 6-2004, f. & cert. ef. 8-25-04; TSPC 6-2005(Temp), f. & cert. ef. 8-16-05 thru 1-30-06; TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 11-2005(Temp), f. 11-18-05, cert. ef. 1-1-06 thru 6-29-06; TSPC 5-2006, f. & cert. ef. 2-10-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 5-2008, f. & cert. ef. 6-13-08; TSPC 7-2008, f. & cert. ef. 8-20-08; TSPC 1-2009(Temp), f. & cert. ef. 2-27-09 thru 8-25-09; Administrative correction 9-29-09; TSPC 4-2009, f. & cert. ef. 9-22-09; TSPC 8-2009, f. & cert. ef. 12-15-09

584-036-0062

Criminal Records Check Requirement

(1) For the first Oregon license as an educator, or for reinstatement of a license that has been expired for more than three years, the applicant must submit one fingerprint card for checking Oregon and Federal Bureau of Investigation criminal history records.

(2) An applicant may only be fingerprinted through the process described in subsection (1) of this rule. A fingerprint check for employment in an Oregon school district does not qualify as a TSPC verified fingerprint and criminal background check.

(3) The Commission may issue a temporary or emergency license valid until receipt of fingerprint reports from the Oregon State Police and the Federal Bureau of Investigation.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120-342.200, 342.223, 342.400 & 342.985
Hist.: TS 6-1993, f. & cert. ef. 12-7-93; TS 2-1994, f. & cert. ef. 7-19-94; TS 2-1995(Temp), f. 8-16-95, cert. ef. 9-11-95; TS 4-1995, f. & cert. ef. 11-9-95; TSPC 5-2003(Temp), f. & cert. ef. 9-17-03 thru 1-15-04; TSPC 3-2004, f. & cert. ef. 5-14-04; TSPC 10-2005(Temp), f. & cert. ef. 11-15-05 thru 4-30-06; TSPC 5-2006, f. & cert. ef. 2-10-06

584-036-0067

Temporary One-Year Extension of Initial Licenses

(1) Any licensed educator who possesses an Initial Teaching License, an Initial School Counselor License, an Initial School Psychologist License or an Initial Administrator License that was granted on or before October 3, 2003, is granted one extra year on the life of their license to complete Initial II or Continuing Licensure requirements.

(2) The TSPC will administer this extension internally by issuing a letter to the licensees who are entitled to the one year extension and altering the expiration date on their license within the TSPC database. Some license holders may receive the extra year upon renewal of their license.

(3) An educator can check on her or his expiration date by accessing their records on the TSPC Web site.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.136
Hist.: TSPC 1-2004(Temp), f. & cert. ef. 3-17-04 thru 9-12-04; TSPC 6-2004, f. & cert. ef. 8-25-04; TSPC 2-2008, f. & cert. ef. 4-15-08; TSPC 5-2009, f. & cert. ef. 10-5-09

584-036-0070

Expedited Service for Emergency License

(1) An employer and an applicant may jointly request an emergency license or other eligible license by expedited service by submitting a license application, which must include the C-1 and C-3 forms, accompanied by the regular application fee and an expedited service fee pursuant to OAR 584-036-0055.

(2) Qualified applicants will be authorized to perform all duties of the position upon receipt of the emergency licensed issued by the Commission. This emergency license and future licensure is conditional upon determination that all requirements for the non-emergency license have been met.

(3) The Commission may limit the number of applications from an employing district to a maximum of one hundred (100) in any two-day period.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.125
Hist.: TSPC 4-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 9-2006, f. & cert. ef. 6-15-06

584-036-0080

Licensure Tests

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

(2) Out-of-state applicants may present proof of passage of another state’s subject-matter competency test 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

(b) The test was administered by either Evaluation Systems of Pearson (ESP) or Education Testing Service (ETS).

(3) An applicant may present a score from a test that was used by the commission at one time but is no longer administered so long as the test was passed during the same period in which the commission had adopted the test. Passing scores for these tests are available upon request from the commission.

(4) 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.

(5) 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.

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

(a) The California Basic Educator Skills Test (CBEST) -- Evaluation Systems of Pearson (ESP)

(b) The Washington Educator Skills Test -- Basic (WEST-B) -- Evaluation Systems of Pearson (ESP);

(d) See 584-036-0082 for information related to coursework in lieu of Basic Skills Tests.

(e) A doctorate degree waives the basic skills tests.

(f) The basic skills requirement may be met by a combination of any one of the testing options or coursework options offered in OAR 584-036-0082. For example: A passing test of the writing portion of the CBEST; combined with a passing score of the reading portion of the PPST; combined with the approved math coursework at an approved institution would satisfy the Basic Skills requirement for licensure.

(7) 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. See OAR 584-036-0082 regarding Basic Skills Tests.)

(8) Applicants seeking endorsement in areas where the commission has not adopted an approved test must complete coursework requirements in Division 38 to add the endorsement to a Basic, Standard, Initial or Continuing Teaching License.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.430 & 342.985
Hist.: TSPC 2-2007, f. & cert. ef. 4-23-07; TSPC 2-2009, f. & cert. ef. 3-12-09

584-036-0081

Conditional Assignment Permits

(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 conditional assignment permit (CAP) for any educator holding a Initial, Continuing, Basic, Standard or Five-year License.

(2) Use of a conditional assignment permit by a charter school or private school is voluntary. However, a CAP 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 CAP is required when teaching out-of-field under any of the following circumstances:

(a) Assignment at any grade level not held on the underlying license;

EXAMPLE: A high school authorized teacher teaching in grade 4 would require a CAP for any amount of time teaching outside of her grade level.

(b) Teaching assignments for more than 10 hours weekly in one subject-matter area without the appropriate subject-matter endorsement;

EXAMPLE : A physical education teacher without a health endorsement teaching health three periods of the day would require a CAP for health. If only teaching two periods a day; that would fall under the 10 hours per week threshold.

EXAMPLE : If the physical education teacher above was teaching one period of health and one period of math; then a CAP 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 CAP: The CAP is not a license, but only temporary conditional approval to teach out-of-field under the following conditions:

(a) One year only for endorsements requiring only a test and experience to be added to a teaching license.

(b) Three years only for endorsements requiring an academic program.

(c) The CAP will not be “back dated.” Time spent on assignments where the district failed to request the CAP; will be deducted from the allowable CAP 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 CAP is not renewable and is not eligible for a 120 day extension beyond its expiration date.

(5) The district, charter school or private school applying for a CAP is assumed to have informed the educator for which the CAP is being requested. Failure to inform the educator may result in an invalid CAP upon a finding by the Commission that the educator did not grant the district, charter school or private school permission to add the CAP to the educator's license.

(6) Licenses not eligible for a CAP include, but are not limited to the following provisional licenses:

(a) Any Restricted Transitional;

(b) Limited Teaching License;

(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 CAP Limitations:

(a) An administrator, school counselor, or school psychologist who has never held a non-provisional teaching license may not be issued a CAP to teach.

(b) An educator seeking conditional assignment as an administrator must hold a master’s degree in education to be eligible for the CAP.

(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 CAP for school counseling if the assignment exceeds .50 FTE.

(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 CAP was first issued.

(10) A district, charter school or private school must:

(a) Apply for a CAP by October 1 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) CAPs 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) A CAP cannot be renewed or later re-issued for the same authorization level or specialty endorsement approved.

(13) After a CAP 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 CAP 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) 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 - 42.232
Hist.: TSPC 11-2006, f. & cert. ef. 8-17-06; TSPC 5-2007, f. & cert. ef. 8-15-07; TSPC 6-2007, f. & cert. ef. 9-12-07; TSPC 8-2009, f. & cert. ef. 12-15-09; TSPC 8-2009, f. & cert. ef. 12-15-09

584-036-0082

Courses in Lieu of or in Preparation for Basic Skills Examinations

(1) Courses in Lieu of Basic Skills Examinations: If an applicant for Oregon licensure has failed any section of the basic skills tests in reading, writing or mathematics at least once; the applicant may substitute a sequence of three transfer level Oregon college courses as outlined in subsection (2) below in each section failed.

(a) The sequences of courses must be completed subsequent to failing the basic skills test and must be completed for credit with a grade of "B" or better to qualify for waiver of the test.

(b) Prior to registering for the courses, the applicant must contact the counseling center at the college and secure specific advice pertaining to enrollment and admission into the approved courses and sections. The courses may be challenged through the institution's course challenge or credit by examination procedure when the candidate possesses the skills and knowledge that the courses are designed to develop.

(c) All courses which are challenged or in which credit is earned shall be reported to TSPC only on official transcripts.

(2) Courses in satisfaction of the basic skills requirements may be taken at any Oregon accredited community, private, or public college or university. Examples of approved courses are listed below.

Please note that if a set of courses is NOT mentioned below: Failure to obtain TSPC pre-approval prior to enrollment or admission to the coursework will nullify the credit.

(a) READING: Nine (9) quarter or six (6) semester hours of any reading course with the prefix "RD" that is 100 level or above. Examples include but are not limited to: RD 115 Accelerated Reading Tactics I; RD 116 Accelerated Reading Tactics II; RD 120 Critical Thinking and Reading;

(b) WRITING: Nine (9) quarter or six (6) semester hours of any writing course with the prefix "WR" that is 100 level or above. Examples include but are not limited to: WR 115 Introduction to Composition; WR 121 English Composition; WR 122 English Composition; WR 123 English Composition;

(c) MATHEMATICS: Nine (9) quarter or six (6) semester hours of any math course with the prefix "MATH" that is 100 level or above. Examples include but are not limited to: MATH 191 Mathematics for Elementary Teachers; MATH 192 Mathematics for Elementary Teachers; MATH 193 Mathematics for Elementary Teachers; MATH 211 Foundations of Elementary Mathematics; MATH 212 Foundations of Elementary Mathematics; MATH 213 Foundations of Elementary Mathematics.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120-342.200, 342.400, 342.985
Hist.: TSPC 2-2007, f. & cert. ef. 4-23-07; TSPC 4-2009, f. & cert. ef. 9-22-09

584-036-0083

Special Assignments

(1) No Endorsement Areas: Any Basic, Standard, Initial, Limited, Continuing or Five-Year teaching license is valid for assignment in areas in which the Commission has no licensure endorsements, including but not limited to:

(a) Computer education;

(b) Personal finance;

(d) Outdoor education; or

(e) Other World languages.

(2) Coaching assignments: An Oregon teaching license is required for coaching assignments that are included within the regular school day and for any class time for which graduation credit is offered.

(3) Assignments in "subjects" contained within an endorsement: Assignments in subjects which are a component of a broader endorsement (such as history, which is subsumed in the social studies endorsement) necessitate the broader endorsement or a Limited Teaching License (See OAR 584-060-0171).

(4) Teachers On Special Assignments (TOSA): Any Basic, Standard, Initial or Continuing teaching license is valid for an assignment involving leadership responsibilities, such as planning and development of curriculum, organization and maintenance of professional growth programs for licensed personnel, or improvement of instructional practices. A TOSA is not valid if the administrative position’s duties require evaluation of licensed personnel.

(5) Drivers education assignments: A teacher holding a Basic, Standard, Initial, Limited, Continuing or Five-Year Regular Teaching License and the appropriate Oregon motor vehicle operator's license may serve as a driver education instructor for the classroom portion of the course. An instructor who provides the behind-the-wheel portion of the course shall meet requirements established by the Oregon Department of Transportation.

(6) Alternative Education: Any Basic, Standard, Initial, Continuing or Five-Year teaching license is valid to teach any subject or grade level in a public alternative education program.

(7) Private Schools and Programs: A teaching license is not required to teach in a private regular or private alternative education program.

(8) Charter Schools: Any Basic, Standard, Initial or Continuing Teaching License may count as the fifty-percent portion of required licensed staffing pursuant to ORS 338.135. Licensed charter school personnel may be assigned outside the scope of the endorsements and authorizations on her or his license.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.430 & 342.985
Hist.: TSPC 2-2009, f. & cert. ef. 3-12-09

584-036-0095

Procedure for Incomplete Application

(1) The Commission shall not process an initial application or an application for renewal or reinstatement that is not on the currently prescribed application form.

(2) The applicant shall be allowed 90 days after the date the application and fees are received at the TSPC office to correct any deficiencies or incomplete items in an application without incurring additional fees.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120 -342.430 & 342.985
Hist.: TSPC 4-1998, f. & cert. ef. 6-5-98; TSPC 13-2006, f. & cert. ef. 11-22-06; Renumbered from 584-050-0004, TSPC 2-2009, f. & cert. ef. 3-12-09

584-036-0105

Addresses and Uses of Addresses

(1) A license, registration or certificate holder must report changes of, employment, residential and email addresses to the Commission within 90 days of such change.

(2) Changes of address may be made by telephone, in writing, or email notification. Changes of address must include the educator's name, social security number, TSPC account number and the old and new addresses the educator is changing.

(3) All licenses, registrations, certificates, correspondence or notices sent by the Commission will be sent to the last known residential address on file for the educator. The Commission is not responsible if the educator has moved and has failed to notify the Commission of any new address and that failure to notify resulted in the educator's failure to receive important licensure, registration, certification or discipline-related information.

(4) Verification of change in employment must be accompanied by any documentation from the new employer including but not limited to: notification on district letterhead from a human resources representative.

(5) The Commission may send notice for opportunity for a hearing pursuant to ORS 342.175 (notice of charges related to discipline) or ORS 183.430 (notice of denial of renewal) to an educator at the address the educator provides in writing to the Commission. The Commission may complete service of notice under ORS 342.143(4), 342.176(5) or 183.430, by mailing the notice through certified mail addressed to the educator's address on file with the Commission and such mailing will be deemed conclusive evidence of service.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.430 & 342.985
Hist.: TSPC 4-1998, f. & cert. ef. 6-5-98; TSPC 13-2006, f. & cert. ef. 11-22-06; Renumbered from 584-050-0042, TSPC 2-2009, f. & cert. ef. 3-12-09

584-036-0110

Name Changes

(1) Notification of a new married or assumed name must be made within 90 days of the change and must be in writing. The notice must include the educator's old and new names, social security number, and one of the following documents:

(a) Employing superintendent's signature on the Professional Educational Experience Report Form verifying the change of name; or

(b) Photocopy of the marriage certificate or court order establishing the change of name; or

(c) Any other legal document indicating the name change including but not limited to: a driver's license, credit card, social security card; or

(d) Any other credible evidence acceptable to the Commission.

(2) If the educator reverts to a name previously established with the Commission, the notification must be in writing and must include the educator's old and new names and social security number. Documentation from a court is not required, but other evidence that the educator is using the former name must be supplied.

(3) If a new license is requested bearing the new name, an application and duplicate license fee are required.

Stat. Auth.: ORS 181 & 342
Stats. Implemented: ORS 181.525, 342.120 - 342.430 & 342.985
Hist.: TSPC 13-2006, f. & cert. ef. 11-22-06; Renumbered from 584-050-0043, TSPC 2-2009, f. & cert. ef. 3-12-09

584-036-0120

Administrative License Renewal

An Administrative License originally issued prior to October 15, 1965 may be renewed on verification of continuing professional development pursuant to 584-090.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 200 & 342.400
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 1-1982, f. & ef. 1-5-82; TS 3-1983, f. & ef. 5-16-83; TS 1-1988, f. 1-1 4-88, ef. 1-15-88; TS 6-1989, f. & cert. ef. 10-6-89; TS 1-1992, f. cert. ef. 1-15-92; TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 3-2009(Temp), f. & cert. ef. 5-15-09 thru 11-11-09; Renumbered from 584-048-0110, TSPC 5-2009, f. & cert. ef. 10-5-09

584-036-0125

Special Provisions for a One-Year Extension to Basic and Standard Licenses

(1) Upon filing a correct and complete application in form and manner prescribed by the commission, a one-year extension of a Basic or Standard License will be granted. The joint application shall be submitted by the prospective educator and the school district who is seeking to employ the applicant. The extension is valid for one year and is not renewable.

(2) The applicant must submit verification that either of the following conditions in have been met:

(a) The applicant is within 12 quarter or 8 semester hours of qualifying for either a Basic or a Standard License with the applicable endorsement(s); or

(b) The applicant has completed all academic requirements for either a Basic or a Standard License with the exception of passing scores on the specialty area test, if required.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.200 & 342.400
Hist.: TSPC 9-1999, f. & cert. ef. 11-22-99; TSPC 2-2000, f. & cert. ef. 5-15-00; TSPC 13-2006, f. & cert. ef. 11-22-06; Renumbered from 584-048-0120, TSPC 5-2009, f. & cert. ef. 10-5-09

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