justicedao/ipfs_state_laws huggingface dataset:
584-050-0027 Surrender of License or Registration (1) An educator may voluntarily surrender an Oregon license, charter school registration, or endorsement prior to its expiration date if the Commission finds that such action is in the best interest of the public. (2) The surrender of a license will not stay an investigation or possible future commission action against the license, charter school registration or the educator. (3) Where the Commission has grounds for disciplinary action against an educator under ORS 342.175 through 342.180 and the educator offers to surrender the license or charter school registration, the Executive shall require the educator to stipulate to pertinent facts and to the revocation or suspension of the license or charter school registration as a condition of the Commission’s acceptance of the surrender of the license or charter school registration. All stipulated settlement agreements are subject to the Commission’s approval. (4) If the Commission and the educator cannot agree on a stipulation, the Commission will proceed with disciplinary proceedings. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 200 History: 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 7-1986, f. 10-15-86, ef. 1-15-87 TS 4-1985, f. 10-4-85, ef. 1-1-86 TS 1-1982, f. & ef. 1-5-82 TS 6-1980, f. & ef. 12-23-80
584-050-0030 Serving Without Proper Licensure (1) TSPC may deny a license if a person has served in violation of licensure assignment. Such denial shall extend either for one year from the date of application for licensure or for a period equal to the time served without licensure, whichever is less. The Executive Director may issue a notice of intent to deny the license and of opportunity for a hearing to the educator. (2) Licensed persons must be assigned in accordance with the authorizations and endorsement(s) they hold or under provisions of the License for Conditional Assignment. (3) Persons who serve in violation of licensure assignment rules and administrators who assign licensed persons in violation of licensure assignment rules may have such action considered as evidence of gross neglect of duty under ORS 342.175 and OAR 548-020-0040. (4) TSPC may revoke or deny any license upon evidence that the holder or applicant knowingly made false statements to a prospective employing school district concerning the individual's licensure status or qualifications for assignment. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175 - 342.190 History: TSPC 2-2014, f. & cert. ef. 3-15-14 TSPC 8-2009, f. & cert. ef. 12-15-09 TSPC 11-2006, f. & cert. ef. 8-17-06 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1982, f. & ef. 1-5-82 TS 17, f. 12-19-77, ef. 1-1-78 TS 15, f. 12-20-76, ef. 1-1-77
584-050-0035 Requirements for Licenses, Registrations or Certifications While Employed (1) Any person employed in a position in a school district, education service district, or charter school for which a license or registration is required pursuant to ORS Chapter 342, must hold a valid license or registration appropriate for the assignment while working as a public school, education service district or charter school employee. (2) Notwithstanding subsection (1), a person whose application for a teaching license is pending may teach in Oregon public schools for 90 calendar days after the date of submission of the application, if the person: (a) Submits an application in the form and manner required by the Commission, including payment of all required fees as provided in OAR 584-200-0050; and (b) Completes a background clearance that includes: (A) Furnishing fingerprints, if required; (B) Providing satisfactory responses to character questions in the form and manner prescribed by the Commission; and (C) A criminal records check as provided in ORS 181A.195 and a background check through an interstate clearinghouse of revoked and suspended licenses. (3) Notwithstanding subsection (1), the employing school district, school or charter school must ensure a person is properly licensed on the 91st calendar day after the date of submission of the application, if a person whose application is pending is teaching in an Oregon public school as provided in subsection (2). (4) Failure to maintain proper licensure, registration or certification may constitute gross neglect of duty pursuant to OAR 584-020-0040. Statutory/Other Authority: ORS 342 & SB 205 (2017) Statutes/Other Implemented: ORS 342.120 - 342.200 & 342.400 History: TSPC 5-2017, amend filed 11/14/2017, effective 11/15/2017 TSPC 3-2017(Temp), f. 6-27-17, cert. ef. 7-1-17 thru 12-27-17 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 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 1-1980, f. & ef. 3-19-80 TS 17, f. 12-19-77, ef. 1-1-78 TS 15, f. 12-20-76, ef. 1-1-77
584-050-0040 Expiration and Continued Use of Expired Licenses and Registrations (1) A license, certificate or registration expires on the date posted on the license or registration unless an application for renewal or upgrade to the next license is received by the Commission prior to that expiration date. If a license or registration expires, reinstatement requirements, including possible late fees must be met for further licensure, certification or registration. (2) In spite of the expiration date, a license, certificate or registration identified in subsection (1) continues to be valid for a 120 day grace period after the date of expiration only for purposes of ORS 342.173 so long as the application and fee for renewal have been received by the TSPC office on or before the date of expiration of the license. (a) Late applications will receive a grace period that does not exceed the amount of time the educator would have had if the application and fee had been received prior to the expiration date on the license, certificate or registration. (See subsection (3) below.) (b) The period the license, certificate or registration was expired will show in the Commission’s records. The next license, certificate or registration will be issued from the date the application and fees were received if received after the expiration date on the license, certificate or registration. (3) Unless an application for renewal and fee are received prior to the expiration date on the license, certificate or registration subject to this rule, the educator is not eligible to continue employment under the license or registration. (a) If the application and full fee are received following the expiration date on a renewable license, then the educator becomes eligible to work on the expired license upon posting of the fee and activation of the grace period on the TSPC web site through the 120th day following the expiration of the license; (b) If an application for renewal is late, an applicant may have to pay for an expedited license, certificate or renewal if there is insufficient time to issue the license, certificate or renewal before the 120 day grace period expires. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430 & 342.985 History: TSPC 5-2014, f. & cert. ef. 8-5-14 TSPC 6-2010, f. & cert. ef. 8-31-10 TSPC 2-2009, f. & cert. ef. 3-12-09 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 13-2006, f. & cert. ef. 11-22-06 TS 1-1992, f. & cert. ef. 1-15-92 TS 1-1982, f. & ef. 1-5-82 TS 2-1981(Temp), f. & ef. 8-17-81 TS 17, f. 12-19-77, ef. 1-1-78 TS 15, f. 12-20-76, ef. 1-1-77
584-050-0150 Criminal Records and Professional Conduct Background Check (1) An applicant must submit one fingerprint card for checking Oregon and Federal Bureau of Investigation criminal history records under the following conditions: (a) First placement in a field experience once admitted to an Oregon approved educator-preparation program; (b) First placement in a field experience in any Oregon public school if completing an educator preparation program by an out-of-state provider; (c) First time Oregon licensure; or (d) Reinstatement of a license that has been expired more than three years prior to the date the application form and full fee have been submitted for reinstatement. (2) An applicant may only be fingerprinted through the process described in subsection (1) of this rule. A criminal background check conducted through fingerprints by any former employer, licensing board or by the Oregon Department of Education does not satisfy the requirements of this rule. (3) Out of state applicants, or previously licensed Oregon educators returning from living outside of the state may also be subject to internet searches or previous employment checks. Statutory/Other Authority: ORS 181 & 342 Statutes/Other Implemented: ORS 181.525, 342.120 – 342.430, 342.455 – 342.495 & 342.533 History: TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 13-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
584-200-0060 Addresses and Uses of Addresses (1) The Commission will use the most recent mailing and email address on the licensee’s or applicant’s account to provide information to the licensee or applicant. (2) A license, registration or certificate holder must report changes of residential, mailing and email addresses within 90 days of the change; (3) All licenses, registrations, certificates, or correspondence will be sent to the last known email address on file for the educator. Notices and gold-seal paper licenses will be sent to the last known residential or mailing address on file for the educator. (4) If the educator fails to notify the Commission of a new mailing or email address, the applicant may not receive all information related to their license, registration or certificate. In these cases, the Commission is not responsible for any consequence or action resulting from the applicant’s failure to receive important information related to licensure, registration, certification or discipline. (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 or registered mail addressed to the educator's address on file with the Commission and such mailing will be deemed conclusive evidence of service. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 13-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
584-200-0070 Name Changes (1) An applicant must notify the TSPC agency of an official name change within 90 days of the name change becoming effective by: (a) Notification of a name change in writing and sending the required documentation of the official name change by mail to the TSPC offices; (b) Notification of a name change through their TSPC user account and uploading the required documentation to the account. (2) All notifications of name changes must include the educator's former and full new names, user account ID number, date of birth and a copy of one of the following documents: (a) An official passport issued by the United States; (b) An official government-issued marriage certificate/license (signed by a government official and including a filed date, stamp, seal or other notation showing that the document has been filed with a government agency); (c) A record of Domestic Partnership issued by Oregon Vital Statistics signed by a government official with a stamp or seal showing the document has been recorded with the State Registrar; (d) An out-of-state government issued record of Domestic Partnership signed by a government official with a stamp or seal showing the document was filed with the city, county or state agency responsible for registering Domestic Partnerships in that state; (e) A U.S. city, county or state court-issued divorce decree, judgment of dissolution of marriage, annulment of marriage decree, judgment of dissolution of domestic partnership, or annulment of domestic partnership; (f) A government-issued death certificate of spouse, that includes a connection to your current full legal name (signed by a government official and including a stamp to show that the document has been filed); (g) A U.S. city, county or state court-issued legal name change decree; (h) Oregon Driver License, Instruction Permit or ID Card; (i) Military ID card, Common Access card and Uniform Services ID & Privilege card (including all branches of military personnel and dependents, not including Merchant Marines); (j) Other U.S. state, U.S. territory, District of Columbia, Canadian or U.S. Department of State driver license, instruction permit or identification card; (k) Oregon Concealed Weapon permit/Concealed Handgun license; or (l) Tribal identification card issued by a federally recognized tribe. (3) If the educator reverts to a name previously established with the Commission, the notification must be in writing and must include the educator's previously established name and the new names and TSPC Account ID. Documentation from a court is not required, but other evidence that the educator is using the former name must be supplied. (4) If a new paper gold seal license is requested bearing the new name, an application and gold seal paper license fee are required. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 5-2017, amend filed 11/14/2017, effective 11/15/2017 TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 13-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
584-200-0080 Preparation in Another Jurisdiction (1) First Oregon License: If an applicant has completed an educator preparation program from another jurisdiction, the candidate must hold an active and valid license from that jurisdiction at the time of application for licensure in Oregon. (2) Applicants holding a non-provisional educator license or certificate issued by another state that is substantially equivalent to an Oregon educator non-provisional license may be eligible for an unrestricted Oregon equivalent license under the terms and conditions associated with that license. (3) If the applicant does not meet requirements for an unrestricted non-provisional license, the Commission may issue any other license for which the applicant qualifies. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 17-2021, amend filed 11/10/2021, effective 11/10/2021 TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 13-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
584-200-0090 Preparation in Another Country (1) Applicants who have completed professional education preparation programs outside the United States may be eligible for Oregon educator licensure. Prior to qualifying for licensure, the applicant must submit their foreign educator qualifications to the Commission for official evaluation as provided: (a) The evaluation may include official foreign transcript evaluation in the form and manner required by the Commission. (b) The evaluation may include official translation or evaluation of other required documents at the discretion of the Executive Director or designee. (c) Any expense associated with the professional translation or evaluation services is the responsibility of the applicant. (2) Upon evaluation of the foreign documentation, the Commission may waive, in part or in whole, Oregon educator licensure requirements in accordance with 584-200-0100. The waiver of licensure requirements is within the sole discretion of the Executive Director or designee. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 13-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
584-200-0100 Waiver of Licensure Requirements by the Commission (1) The Executive Director may waive, in part or in whole, the requirements for teaching, administrative and personnel service licenses if the applicant provides evidence of academics skills, experience and knowledge demonstrating mastery of the Commission-adopted standards for the license. (a) To receive a waiver under this subsection, an applicant must specifically and substantially demonstrate the knowledge and skills required to perform the duties of the position as measured by the Commission adopted standards for the license. (b) The Executive Director, or designee, will evaluate all evidence and make the determination on the waiver. It is solely within the discretion of the Executive Director, or designee, to grant waivers under this subsection. (c) The Commission will monitor any waivers granted under this subsection and will receive reports on such waivers from the Executive Director. (2) To be considered for a waiver, an applicant must: (a) Submit a complete and correct application in the form and manner required by the Commission, including payment of all required fees. (b) Provide all required documentation such as: official sealed transcripts, a resume, job descriptions, and other credible evidence of academic achievement or experience demonstrating mastery of the standards for the license; (c) Provide a written statement indicating: (A) The type of license requested; (B) Specific requirements requested for waiver; (C) Alternative qualifications to be considered; and (D) Reasons for requesting the waiver. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 4-2020, temporary amend filed 08/03/2020, effective 08/10/2020 through 02/05/2021 TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 13-2015(Temp), f. 11-13-15, cert. ef. 1-1-16 thru 6-28-16
584-210-0010 Purpose of Oregon Teaching Licenses (1) These rules establish a licensure structure that defines the requirements to teach in Oregon public schools pursuant to ORS 342.120 to 342.232. (2) The grade levels of licensure align with developmental levels of students and provide assignment flexibility for the 21st Century Classroom. Allowing assignment across all grades in a pre-kindergarten through grade 12 teaching environment based on subject-matter expertise provides the best opportunity for implementation of personalized teaching and proficiency-based education models for Oregon students. (3) The Commission’s teaching licensure standards affirm the dignity and worth of all students and strive to ensure students from diverse economic, ability, cultural and ethnic backgrounds are provided all opportunities to achieve subject-matter proficiency for optimal college and career readiness. (4) Oregon's licensure structure embraces and recognizes the value and worth of the professional educator. Professional teachers will direct their long-term career goals and choose the appropriate route to professional licensure. (5) Oregon’s licensure structure supports the growth and achievement of every Oregon 0-20 public school student. Honoring and celebrating the dignity and worth of our multicultural student population is a key centerpiece to Oregon’s education enterprise and professional preparation. (6) The preliminary and professional teaching licensure standards are based on the 2011 Interstate Teacher Assessment and Support Consortium Model Core Teaching standards. (7) The Teacher Leader License is designed to recognize measured milestones in an accomplished professional educator’s career, including but not limited to: National Board Certification, Teacher Leader development, Beginning Teacher Mentoring, advanced educational coursework and demonstration of advanced teaching proficiencies. (8) Oregon’s licensure regulations embrace the concept of interstate reciprocity and recognizes the value of previous competency, as reflected through another state’s teaching preparation standards and non-provisional teaching licenses. (9) Professional development is integral to the professional educator’s career development. Professional development is required at all stages of professional licensure renewal. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.553 History: TSPC 12-2015, f. 11-13-15, cert. ef. 1-1-16
584-210-0070 Legacy Teaching License (1) Purpose of the License: The Legacy Teaching License is a license that qualifies its holder to teach in prekindergarten through grade 12 Oregon public school districts, education service districts, and charter school assignments. The Legacy Teaching License is issued to veteran teachers in order to recognize their long-term employment and experience in the public schools without obliging them to meet the advanced competency requirements of the Professional Teaching License. (2) Assignment and Endorsement Authorization: The Legacy Teaching License qualifies the teacher to accept: (a) Any instructional assignment prekindergarten through grade 12 within the scope of the subject-matter endorsement(s) on the Legacy Teaching License. The scope of the endorsement shall be determined by the National Center for Educational Statistics (NCES) course codes associated with the endorsement as provided by the TSPC Licensure Guide; and (b) Any substitute teaching assignments. (3) Term of Licensure: The Legacy Teaching License is valid for three years and is continuously renewable as provided in subsection (5) of this rule. For applicants who qualify for the license from out of state, the date of the first expiration of the license is three years from the date of issue plus time until the applicant’s birthday. (4) To be eligible to apply for a Legacy Teaching License, an applicant must: (a) Possess the personal qualifications for licensure including attainment of at least eighteen years of age and possessing good moral character and mental and physical health necessary for employment as an educator; (b) Hold a Basic teaching license issued prior to January 1, 1999 or a Substitute Teaching License based upon a Basic or Standard Teaching License issued prior to January 1, 1999; (c) Complete a background clearance that includes: (A) Furnishing fingerprints (if required); (B) Providing satisfactory responses to character questions in the form and manner prescribed by the Commission; and (d) Submit a complete and correct application in the form and manner required by the Commission, including payment of all required fees as provided in OAR 584-200-0050. (5) Renewal Requirements: To be eligible to apply for renewal of the Legacy Teaching License, the applicant must: (a) Complete professional development requirements as provided in OAR 584-255-0010 Professional Development Requirements; and (b) Submit a complete and correct renewal application in the form and manner required by the Commission, including payment of all required fees as provided in OAR 584-200-0050. Statutory/Other Authority: ORS 342.165 Statutes/Other Implemented: ORS 342.121 - ORS 342.144 History: TSPC 19-2023, amend filed 10/23/2023, effective 11/01/2023 TSPC 1-2017, f. & cert. ef. 2-1-17 TSPC 1-2016, f. & cert. ef. 2-10-16 TSPC 12-2015, f. 11-13-15, cert. ef. 1-1-16