justicedao/ipfs_state_laws huggingface dataset:
584-021-0220 Surrender of Certificate (1) TSPC may permit a school nurse to voluntarily surrender an Oregon certificate prior to its expiration date if TSPC finds that such action is in the best interest of the public. (2) In any case, where TSPC has grounds for disciplinary action under ORS 342.175 through 342.190, TSPC may require the school nurse to enter into a stipulation of those facts. This stipulation shall become a part of the person's certification file and may be used as evidence of fitness to serve as a school nurse within the meaning of ORS 342.175 at such times as the person may apply for reinstatement of the certificate. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183, 342.175 – 342.190 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0225 Serving Without Proper Certification (1) School nurses are not teachers and may not be assigned to positions requiring teaching, personnel service, or administrative licensure without proper licensure for such positions. School nurses who serve in positions requiring teaching, personnel service, or administrative licensure without proper licensure may have such action considered as evidence of gross neglect of duty under ORS 342.175. Gross neglect of duty may be grounds for revocation of a school nurse certificate. (2) TSPC may revoke any certificate upon evidence that the holder or applicant knowingly made false statements to a prospective employing school district concerning the individual's certification status or qualifications for assignment. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1983, f. & ef. 2-9-83 TS 7-1982(Temp), f. & ef. 12-9-82 TS 4-1982, f. & ef. 7-22-82
584-021-0230 Expiration of Certificates A certificate expires on the date posted on the certificate unless a complete application for renewal is received by TSPC prior to that date. If a certificate expires, reinstatement requirements must be met for further certification. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 2-1989, f. & cert. ef. 2-16-89 TS 4-1982, f. & ef. 7-22-82
584-021-0235 Issuance — Effective Date of Certificates A school nurse certificate is valid from the date upon which the applicant was determined by TSPC to be eligible for the certificate or reinstatement. The certificate is effective for the appropriate number of years for that certificate (one or five years) plus that period to the applicant's next birthday upon initial certification. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 183 & 342.455 – 342.495 History: TSPC 5-2007, f. & cert. ef. 8-15-07 TS 1-1992, f. & cert. ef. 1-15-92 TS 4-1982, f. & ef. 7-22-82
584-023-0005 Registry of Charter School Teachers (1) No persons shall serve as a teacher (as defined in ORS 342.120) in a public charter school unless such person either holds a valid Oregon license issued by TSPC pursuant to 338.135 or is registered with TSPC as a charter school teacher in accordance with 342.125(5). (2) TSPC shall create a Public Charter School Registry for all non-licensed persons who are employed and registered as teachers in any charter school. (3) To obtain a charter school teacher registration, an applicant and the employing charter school will submit a joint application, which will include the following documentation: (a) Description of the specific teaching position the applicant will fill with the employing charter school plus an indication of the exact subjects the educator will be teaching; (b) Fingerprints on forms prescribed by the Oregon State Police and in the manner required by TSPC. Fingerprint cards previously filed with the Oregon Department of Education do not qualify; (c) Completed application and fee; (d) Transcripts of the applicant’s post-secondary education and evidence of other experience and qualifications relevant to the teaching position the applicant is seeking; (e) A list of any professional licenses held; and (f) A passing score on a commission-approved test of knowledge of U.S. and Oregon civil rights laws and professional ethics unless these requirements have already been met through prior TSPC licensure. (4) The registration is not transferrable to another charter school without an application for a registration change with TSPC. (5) A charter school registration may be renewed for an additional three-year term upon joint application of the registrant and employing charter school on forms established by the Commission and upon the payment of the applicable fee. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120–342.430, 342.455–342.495 & 342.533 History: TSPC 1-2015, f. & cert. ef. 2-10-15 TSPC 7-2014(Temp), f. & cert. ef. 9-24-14 thru 3-23-15 TSPC 5-2014, f. & cert. ef. 8-5-14 TSPC 1-2014(Temp), f. & cert. ef. 3-15-14 thru 9-10-14 TSPC 4-2012, f. & cert. ef. 5-18-12 TSPC 9-2010, f. 12-15-10, cert. ef. 1-1-11 TSPC 5-2010(Temp), f. & cert. ef. 8-13-10 thru 12-31-10 TSPC 4-2009, f. & cert. ef. 9-22-09 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 9-2006, f. & cert. ef. 6-15-06 TSPC 7-1999, f. & cert. ef. 10-8-99 TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00
584-023-0015 Standards of Professional Practices and Ethics for Charter School Registrants The provisions of ORS 342.120 to 342.430 and the administrative rules in OAR chapter 584 relating to the issuance, denial, continuation, renewal, lapse, revocation, suspension or reinstatements of licenses shall be applicable to all teachers and administrators holding a charter school registration. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.125 & 338.135 History: TSPC 4-2012, f. & cert. ef. 5-18-12 TSPC 4-2009, f. & cert. ef. 9-22-09 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 9-2006, f. & cert. ef. 6-15-06 TSPC 7-1999, f. & cert. ef. 10-8-99 TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00
584-023-0030 Registry of Charter School Administrators (1) No persons shall serve as an administrator (as defined in ORS 342.120 and OAR 584-080-0008 Scope of Administrator Licenses) in a public charter school unless such person either holds a valid Oregon license issued by TSPC pursuant to 338.135 or is registered with TSPC as a charter school administrator in accordance with 342.125(5). (2) TSPC shall create a Public Charter School Registry for all persons who do not hold an administrator license and are employed as administrators in any charter school. (3) To obtain a charter school registration, an applicant and the employing charter school will submit a joint application, which will include the following documentation: (a) Description of the specific administrative position the applicant will fill with the employing charter school; (b) Fingerprints on forms prescribed by the Oregon State Police in the manner required by TSPC, unless the applicant has been previously cleared and has remained continuously licensed since the last clearance. (c) Completed application and fee; (d) A description of the applicant’s post-secondary education and other experience relevant to the administrator position the applicant is seeking; (e) A list of any professional licenses held; and (f) A passing score on a commission-approved test of knowledge of U.S. and Oregon civil rights laws and professional ethics unless these requirements have already been met through prior TSPC licensure. (4) Successful completion of the background checks disclosing no disqualifying materials or information will entitle the registrant to serve as a teacher or administrator as defined in ORS 342.120 in the employing charter school for a period of up to three (3) years or until employment with the employing charter school ceases, whichever occurs first. (5) The registration is not transferrable to another charter school without an application for a registration change with TSPC. (6) A charter school administrator registration may be renewed for an additional three-year term upon joint application of the registrant and employing charter school on forms established by the Commission and upon the payment of the applicable fee. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.533 History: TSPC 5-2014, f. & cert. ef. 8-5-14 TSPC 1-2014(Temp), f. & cert. ef. 3-15-14 thru 9-10-14
584-050-0002 Exercise of Commission Authority Commission sanction, the exercise of authority granting, denying, or revoking a license, or registration is described in the following sections as it relates to particular circumstances. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.200 & 342.400 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 4-1999, f. & cert. ef. 8-2-99
584-050-0005 Criteria for Granting Licenses (1) The Executive Director may issue licenses, certificates or registrations, grant reinstatements, and renew licenses, certificates or registrations when each of the following conditions exists: (a) All requirements established by law and rules have been met; (b) The applicant has attained at least eighteen years of age and has furnished evidence satisfactory to TSPC of fitness to serve as an educator; and (c) The Executive Director deems that an applicant’s response to any application character questions does not adversely affect his or her ability to serve as an educator. (2) The Executive Director may delay action and refer the application to an investigator when a response to any application character question needs further investigation. The results of the investigation will be reported to the Commission once the investigation is completed. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 200 & 342.400 History: TSPC 5-2013, f. & cert. ef. 11-14-13 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1982, f. & ef. 1-5-82 TS 6-1980, f. & ef. 12-23-80 TS 17, f. 12-19-77, ef. 1-1-78 TS 15, f. 12-20-76, ef. 1-1-77
584-050-0006 Criteria for Denying Issuance, Clearance or Reinstatement of Licenses (1) The Executive Director may deny issuance of a license, certificate or registration, renewal of a license, certificate or registration; or reinstatement of a license, certificate or registration or PA-1 clearance for student teaching under the conditions set forth in subsection (3) below. (2) The Executive Director may not deny reinstatement of a license that has been revoked. Reinstatement of a revoked license or registration is subject to OAR 584-050-0015. (3) Notice of denial and right to a hearing without further investigation may be issued by the Executive Director when any of the following conditions exist: (a) The applicant has been convicted of a crime listed in ORS 342.143(3)(a), or any substantially equivalent offense under the laws of another state; or (b) The applicant refuses to consent to criminal records checks or refuses to be fingerprinted upon request. (4) In a case not covered by this rule, the Executive Director will refer the application to investigation for future Commission consideration. Statutory/Other Authority: ORS 181 & 342 Statutes/Other Implemented: ORS 181.525, 342.120-342.200 & 342.400 History: TSPC 5-2013, f. & cert. ef. 11-14-13 TSPC 8-2009, f. & cert. ef. 12-15-09 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TSPC 4-1999, f. & cert. ef. 8-2-99 TSPC 4-1998, f. & cert. ef. 6-5-98 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 6-1993, f. & cert. ef. 12-7-93 TS 1-1992, f. & cert. ef. 1-15-92 TS 6-1984, f. 12-27-84, ef. 1-15-85 TS 1-1982, f. & ef. 1-5-82
584-050-0009 Procedures for Disciplinary Action in Certain Cases (1) The Executive Director may issue a notice of hearing and statement of charges, on behalf of the Commission, against an educator who has been convicted of a crime listed in ORS 342.143 or who has admitted in the course of judicial proceeding or criminal prosecution conduct constituting a crime listed in ORS 342.143. (2) The Executive Director may issue a notice of opportunity for hearing to an educator when the Executive Director has information that the educator has violated any term or condition of probation. Contested case hearings will be held in accordance with OAR 137-003-0501 through 137-003-0700. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 200 & 342.400 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TSPC 6-2002, f. & cert. ef. 10-23-02 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1994, f. & cert. ef. 1-25-94 TS 7-1986, f. 10-15-86, ef. 1-15-87
584-050-0012 Fingerprinting and Criminal Background Checks (1) An applicant for, student teaching, practicum or internship, initial Oregon licensure or reinstatement of an Oregon license that has been lapsed for three years or more must submit fingerprints for a criminal background check in accordance with ORS 342.223. (2)(a) An applicant will be denied licensure pursuant to OAR 584-050-0009 if the applicant has been convicted of: (A) Any of the crimes listed in ORS 342.143; (B) An attempt of any of the crimes listed in ORS 342.143 in accordance with ORS 161.405; or (C) Any substantially equivalent crime in another jurisdiction. (b) A crime is deemed to be substantially equivalent when the Commission determines the underlying conduct is substantially similar to conduct that would have resulted in conviction of any crime listed in ORS 342.143. (3) An applicant may be denied licensure if the applicant has been convicted of any crime involving the illegal use, sale or possession of controlled substances as defined in ORS 475.005(6). (4) The Commission may take action against an applicant as a result of the criminal background check disclosing criminal conduct not listed in ORS 342.143 in accordance with ORS 342.175. (5) If the applicant fails to provide fingerprints following application for licensure where fingerprints are required, the application will be found to be incomplete. (6) Only original fingerprints submitted to TSPC will be accepted for clearance for any Oregon teaching license, registration or certification. Previously cleared fingerprints by the Oregon Department of Education or any employer are not acceptable to satisfy TSPC’s criminal background checks. (7)(a) A candidate admitted to an Oregon educator preparation program may not be placed in any practicum, student teaching or internship placement where the candidate may be in unsupervised contact with any K-12 student until the fingerprint and criminal background check has been submitted to TSPC, completed and cleared by the TSPC Executive Director. (b) Failure to comply with this provision may result in Commission sanction. Statutory/Other Authority: ORS 181 & ORS 342 Statutes/Other Implemented: ORS 181.534 & ORS 342.223 History: TSPC 7-2023, amend filed 02/07/2023, effective 03/01/2023 TSPC 9-2012, f. & cert. ef. 9-14-12 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 5-1996, f. & cert. ef. 9-24-96 TS 2-1994, f. & cert. ef. 7-19-94
584-050-0015 Reinstatement of Suspended, Revoked, or Surrendered License or Registration Generally (1) A suspended, revoked, or surrendered license, charter school registration, or school nurse certificate may be reinstated if the applicant is otherwise qualified and complies with the other applicable provisions of rules in this division. (2) Licenses, certificates or registrations that are revoked, suspended, or surrendered and eligible for reinstatement will be reinstated for the same period of time as an application for a new or renewed license or registration of that type if the license is a non-provisional license. (3) The fee to reinstate a license is in addition to the application fee required to issue a new license. See OAR 584-200-0050. (4) A denial of an application for reinstatement of a suspended or revoked license, certificate or registration is considered a suspension or revocation of that applicant’s right to apply for one year. Statutory/Other Authority: ORS 181 & ORS 342 Statutes/Other Implemented: ORS 181.525, 342.120-342.430, 342.455-342.495 & 342.553 History: TSPC 7-2017, minor correction filed 12/14/2017, effective 12/14/2017 TSPC 5-2013, f. & cert. ef. 11-14-13 TSPC 6-2011, f. 8-15-11, cert. ef. 9-1-11 TSPC 3-2010, f. & cert. ef. 4-2-10 TSPC 7-2008, f. & cert. ef. 8-20-08 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TSPC 4-2001, f. & cert. ef. 9-21-01 TSPC 4-2000, f. & cert. ef. 7-17-00 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1982, f. & ef. 1-5-82 TS 6-1980, f. & ef. 12-23-80 TS 3-1978, f. 7-24-78, ef. 1-1-79 TS 17, f. 12-19-77, ef. 1-1-78 TS 15, f. 12-20-76, ef. 1-1-77
584-050-0016 Reinstatement of Suspended License, Registration, or Right to Apply for a License or Registration (1) Six weeks prior to the expiration of the period of suspension, an educator may apply to have a suspended license or registration reinstated. However, no reinstatement will be effective until expiration of the suspension period. (2) An application for reinstatement of a suspended license, registration or suspension of right to apply for a license or registration must include: (a) The online form; (b) A fee pursuant to OAR 584-200-0050; and (c) An affidavit or written declaration from the applicant , together with requisite and additional documentation sufficient to establish convincingly that all terms and conditions of the suspension have been met satisfactorily and fulfilled. (3) If the Executive Director is satisfied that the terms and conditions have been met successfully, the Executive Director will reinstate the suspended license, registration, or right to apply for a license or registration. (4) If the Executive Director is not satisfied the terms and conditions have been met, the Director will make a recommendation to the Commission in executive session to deny reinstatement of the license. (5) Before taking action on the Executive Director's recommendation, the Commission may schedule an informal meeting between the educator and the Commission in executive session. The decision to schedule or not to schedule an informal meeting is entirely at the Commission's discretion. (6) If the Commission agrees with the Executive Director's recommendation to deny the reinstatement, the Exceutive Director will mail a copy of the recommendation of denial to the educator and notice of right to a hearing under ORS 342.175 and OAR 584-019-0002. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 1-2020, amend filed 01/02/2020, effective 01/02/2020 TSPC 8-2017, minor correction filed 12/14/2017, effective 12/14/2017 TSPC 6-2011, f. 8-15-11, cert. ef. 9-1-11 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06
584-050-0019 Termination of Probation (1) Promptly after the full term of probation has been completed, the educator must submit to the Commission documentation sufficient to establish convincingly that all terms and conditions of the probation have been met successfully and fulfilled. (2) If the materials submitted for termination of probation are satisfactory, the Executive Director will terminate the probation. If materials are incomplete or not found to be satisfactory, the Executive Director will make a recommendation regarding the probation to the Commission in executive session at the next regularly scheduled Commission meeting. (3) Before taking action on the Executive Director's recommendation, the Commission may schedule an informal meeting between the educator and the Commission in executive session. The decision to schedule or not to schedule an informal meeting is entirely at the Commission's discretion. (4) If the Commission does not terminate the probation, the educator will be entitled to a contested case hearing pursuant to ORS 342.175 and OAR 584-019-0002. (5) The Executive Director may issue a charge and notice of opportunity for hearing to an educator on probation when the Executive Director has information that any term or condition of probation may have been violated. If the educator is unwilling to accept disciplinary action proposed by the Executive Director and approved by the Commission, the educator will be entitled to a contested case hearing under ORS 342.175 and OAR 584-019-0002. (6) When no conditions for completion have been established by the Commission, and when there is no documented violation of Commission rules by the educator subsequent to the issuance of the current probation, the term of probation shall be allowed to expire without documentation being required from the educator. Statutory/Other Authority: ORS 181 & 342 Statutes/Other Implemented: ORS 181.525, 342.120 - 342.200 & 342.400 History: TSPC 4-2017, f. 6-27-17, cert. ef. 7-1-17 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06
584-050-0020 Discipline for Resignation in Violation of Contract (1) If a school district's superintendent finds reasonable cause to believe an educator is in violation of a contract under ORS 342.553, for failure to provide sixty calendar days' notice upon or at the time of resignation, the superintendent, or a district-level administrator, must submit all of the following documents: (a) A copy of the educator's written notice of resignation; or, if no written notice was provided by the educator, a written statement from the superintendent, or the educator's immediate supervisor, explaining the circumstances resulting in no written notice of resignation from the educator may be submitted instead. (b) A copy of the educators signed employment contract, or, in lieu of an employment contract, a contract renewal notice, or letter of intent, signed by the educator; (c) A copy of the applicable collective bargaining agreement; and (d) A statement from the superintendent summarizing the provisions of the collective bargaining agreement applicable to educator resignations within the school district. (2) An educator who signs a contract renewal notice or letter of intent will be considered to have accepted the contract to teach the following year. (3) Upon receipt of the information specified in section (1) of this rule, the Executive Director or designee will refer the case to investigation and proceed pursuant to ORS 342.175 to 342.177. Statutory/Other Authority: ORS 342.165 Statutes/Other Implemented: ORS 342.553 History: TSPC 7-2023, amend filed 02/07/2023, effective 03/01/2023 TSPC 2-2017, f. & cert. ef. 4-12-17 TSPC 5-2014, f. & cert. ef. 8-5-14 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TSPC 2-2000, f. & cert. ef. 5-15-00 TSPC 1-2000(Temp), f. & cert. ef. 1-18-00 thru 7-11-00 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 1-1992, f. & cert. ef. 1-15-92 TS 6-1984, f. 12-27-84, ef. 1-15-85 TS 1-1982, f. & ef. 1-5-82 TS 6-1980, f. & ef. 12-23-80 TS 17, f. 12-19-77, ef. 1-1-78 TS 15, f. 12-20-76, ef. 1-1-77