justicedao/ipfs_state_laws huggingface dataset:
584-019-0010 Discovery and Subpoenas (1) Through the Executive Director, the Commission shall consider requests to take the testimony of a material witness by deposition for purposes of discovery or perpetuation of the witness’s testimony when the witness is unavailable for hearing. A perpetuation deposition will be authorized only upon agreement of the educator and the Commission or upon a showing that the witness cannot testify at the hearing because of physical or mental illness or extreme hardship. (2) The Executive Director may issue subpoenas in support of discovery as provided under OAR 137-003-0570 and 137-003-0572. (3) The educator or the Commission may request that the other party produce for inspection or provide copies of any designated documents or any tangible things which are relevant to the proceeding and are not otherwise exempt from disclosure. The educator or the Commission may charge a fee to reimburse for the actual cost of producing or copying documents. (4) The educator or the Commission may issue requests for admissions as provided under OAR 137-003-0570. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175 - 342.190 History: TSPC 9-2005, f. & cert. ef. 11-15-05 TSPC 4-2001, f. & cert. ef. 9-21-01 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 7-1989, f. & cert. ef. 12-13-89
584-019-0015 Evidence (1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but erroneous rulings on evidence shall not preclude Commission action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. (2) All evidence shall be offered and made a part of the record in the case, except for matters stipulated to and except as provided in section (4) of this rule. No other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position rests on the opponent fact or position. (3) The educator and the other party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence. (4) The hearing officer or the Commission may take notice of judicially cognizable facts and general, technical, or scientific facts as provided under OAR 137-003-0615. (5) The hearing officer shall have discretion to require the parties to submit prior to the hearing date documents which may be introduced as evidence, names and addresses of witnesses, and other information to facilitate the hearing. The hearing officer shall have discretion to require the parties to submit proposed findings of fact and conclusions of law. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175 - 342.190 History: TSPC 4-2001, f. & cert. ef. 9-21-01 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 7-1989, f. & cert. ef. 12-13-89
584-019-0025 Mutual Disclosure Prior to Contested Case Hearings (1) Not less than ten days prior to the hearing date, the educator and the Commission staff will disclose to one another in writing the following information: (a) The name, address and telephone number of each person that the disclosing party may call as a witness at the hearing; and (b) A copy of all documents that the disclosing party may introduce as evidence at the hearing. (2) For good cause shown, the Executive Director may modify the disclosure requirements under section (1) of this rule. (3) The hearing officer at the hearing may refuse to accept testimony or evidence that has not been disclosed in compliance with this rule. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 4-2001, f. & cert. ef. 9-21-01 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 6-1993, f. & cert. ef. 12-7-93
584-019-0035 Settlement of Cases Prior to Hearing (1) A "Settlement Agreement" is a written agreement in a disciplinary proceeding that includes: (a) A stipulation to an order that is signed by the educator; (b) A consent by the educator to a negotiated default order; or (c) An agreement between the educator and the commission staff to resolution of a disciplinary matter without a contested hearing. (2) The Executive Director will not accept a settlement agreement unless it is signed by the educator and the educator’s attorney, if any. (3) All matters not settled in accordance with subsection (2) of this rule will be determined through a contested case hearing in accordance with OAR 137-003-0501 through 137-003-0700 or will be determined through entry of a default order or voluntary surrender of the educator’s license, school nurse certificate or charter school registration. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175, 342.176, 342.177, 342.180 & 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 6-1996, f. & cert. ef. 12-9-96
584-019-0040 Commission Final Orders in Contested Cases (1) In all contested cases, the Commission will notify the parties, the hearing officer and the Office of Administrative Hearings that the Commission itself will issue the Final Order and each Hearing Officer Proposed Order will include a statement to that effect. (2) If the recommended action in the Proposed Order is adverse to the educator, the Proposed Order will contain a statement that the educator may file written exceptions to the Commission and may file a request for oral argument to the Commission. The statement will inform the educator that written exceptions or a request for oral argument must be filed with the Commission at the Commission's office within fourteen days of the date of the Proposed Order in order for the exceptions or the request for oral argument to be considered. The Commission need not allow oral argument on the Proposed Order. The Executive Director may permit oral argument in those cases in which the Director believes oral argument may be appropriate or helpful to the Commissioners in making a final determination. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 4-2001, f. & cert. ef. 9-21-01 TSPC 1-2001, f. & cert. ef. 1-17-01
584-019-0100 Procedures for an Investigation of a Sexual Conduct Report (1) For the purpose of this rule, the following definitions apply: (a) “Commission Licensee” means a person whom the Teacher Standards and Practices Commission has the authority to investigate or discipline because the person: (A) Is enrolled in an approved educator preparation program; (B) Is an applicant for a Teacher Standards and Practices Commission license or registration; (C) Holds a license, registration, or certificate issued by the Teacher Standards and Practices Commission; or (D) Has held a license or registration issued by the Teacher Standards and Practices Commission at any time during the previous five years. (b) “Law Enforcement Agency” has the meaning given that term in ORS 419B.005. (c) "Sexual Conduct" means any conduct defined by ORS 339.370(12). (2) The TSPC Executive Director or agency designee determines whether a compliant or report received by TSPC is to be investigated as a ‘Sexual Conduct Investigation’ under ORS 339.390, or is to be investigated as a ‘Preliminary Investigation’ under ORS 342.176. This determination is made based upon: (a) Information made available to TSPC through the initial received complaint or report; and (b) Information obtained by TSPC after receiving the initial complaint or report. (c) TSPC may designate an active TSPC investigation as a ‘Sexual Conduct Investigation’ at any point in the investigation process when information obtained or received by TSPC indicates the alleged conduct meets the definition of ‘Sexual Conduct’. (3) Persons or entities authorized to receive copies of commission investigation documentation, materials, or reports under ORS 339.390(7) shall submit a formal written request to the agency Executive Director or agency designee requesting copies of the requested materials. (a) Law enforcement agencies and other state entities who receive commission investigation documents, materials, and reports shall maintain the confidentiality of the documents, materials, and reports in accordance with ORS 339.390(7). (b) Commission Licensees who violate the confidentiality established by ORS 339.390(7) are subject to sanctions on the licensee’s TSPC-issued professional license. (c) A completed Sexual Conduct Investigation report shall not be made available under ORS 339.390(7) unless it has been previously reviewed by the TSPC Commission. (d) TSPC shall redact the Executive Director’s recommendation from a Sexual Conduct Investigation report made available under this rule. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.176, ORS 339.390 & Chapter 391, 2021 Oregon Laws History: TSPC 6-2024, minor correction filed 04/09/2024, effective 04/09/2024 TSPC 14-2021, adopt filed 11/09/2021, effective 11/09/2021 TSPC 8-2021, temporary adopt filed 08/10/2021, effective 08/15/2021 through 02/10/2022
584-020-0005 Definitions The following definitions apply to Oregon Administrative Rules 584-020-0000 through 584-020-0045 unless otherwise indicated by context: (1) “Abuse:” Has the meaning given that term in ORS 419B.005. (2) "Administrator:" Any educator who holds a valid Oregon Administrative License or registration and who works in a position requiring an administrative license pursuant to OAR 584-005-0005(1). (3) “Chief Administrator:” The executive officer of a public school district, educational service district, or public charter school, such as a superintendent, principal, or other similar title, that has the authority and responsibility for the general supervision of the operation of the education provider. (4) "Competent:" Discharging required duties as set forth in these rules. (5) "Educator:" Any licensed or registered, or certified person who is authorized to engage in an instructional program including teaching, counseling, school psychology, school social work, administering, and supervising. (6) "Ethical:" Conforming to the professional standards of conduct set forth in these rules. (7) "Good Cause:" Exists when circumstances beyond the reasonable control of the Commission delay the completion of a TSPC investigation. Circumstances include, but are not limited to: criminal or civil court proceedings, law enforcement criminal investigations, and failure of an educator or school district to comply with a lawfully issued TSPC subpoena. (8) "Sexual Conduct:" Any conduct defined by ORS 339.370(12). (9) "Sexual harassment:" Any unwelcome conduct with an individual which includes but is not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (c) Such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. (10) "Teacher:" Any person who holds a teacher's license as provided in ORS 342.125. (11) "Student:" Is an individual as defined in ORS 339.370(13). Statutory/Other Authority: ORS 342.165 Statutes/Other Implemented: ORS 342.143 & 342.175 History: TSPC 17-2024, minor correction filed 09/09/2024, effective 09/09/2024 TSPC 7-2024, minor correction filed 04/09/2024, effective 04/09/2024 TSPC 1-2020, amend filed 01/02/2020, effective 01/02/2020 TSPC 4-2017, f. 6-27-17, cert. ef. 7-1-17 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 7-1999, f. & cert. ef. 10-8-99 TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00 TSPC 8-1998, f. & cert. ef. 12-9-98 TS 1-1992, f. & cert. ef. 1-15-92 TS 7-1989, f. & cert. ef. 12-13-89 TS 2-1988, f. & cert. ef. 4-7-88 TS 1-1987, f. & ef. 3-3-87 TS 5-1979, f. 12-29-79, ef. 1-1-80
584-020-0010 The Competent Educator The educator demonstrates a commitment to: (1) Recognize the worth and dignity of all persons and respect for each individual; (2) Encourage scholarship; (3) Promote democratic and inclusive citizenship; (4) Raise educational standards; (5) Use professional judgment; and (6) Promote equitable learning opportunities. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TS 5-1979, f. 12-19-79, ef. 1-1-80
584-020-0015 Curriculum and Instruction (1) The competent educator measures success by the progress of each student toward realization of personal potential as a worthy and effective citizen. The competent educator stimulates the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of goals as they are appropriate for each individual. (2) The competent teacher demonstrates: (a) Use of state and district adopted curriculum and goals; (b) Skill in setting instructional goals and objectives expressed as learning outcomes; (c) Use of current subject matter appropriate to the individual needs of students; (d) Use of students' growth and development patterns to adjust instruction to individual needs consistent with the number of students and amount of time available; and (e) Skill in the selection and use of teaching techniques conducive to student learning. (3) The competent administrator demonstrates: (a) Skill in assisting individual staff members to become more competent educators by complying with federal, state and local laws, rules, and lawful and reasonable district policy and contracts; (b) Knowledge of curriculum and instruction appropriate to assignment; (c) Skill in implementing instructional programs through adequate communication with staff; and (d) Skill in identifying and initiating any needed change which helps each student toward realization of personal learning potential. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TS 7-1983, f. & ef. 12-14-83 TS 5-1979, f. 12-19-79, ef. 1-1-80
584-020-0020 Supervision and Evaluation (1) The competent educator is a student of human behavior and uses this knowledge to provide a climate that is conducive to learning and that respects the rights of all persons without discrimination. The competent educator assumes responsibility for the activities planned and conducted through the district's program, and assists colleagues to do the same. The competent educator gathers relevant information and uses it in the planning and evaluation of instructional activities. (2) The competent teacher demonstrates: (a) Multiple ways to assess the academic progress of individual students; (b) Skill in the application of assessment data to assist individual student growth; (c) Procedures for evaluating curriculum and instructional goals and practices; (d) Skill in the supervision of students; and (e) Skill in differentiating instruction. (3) The competent administrator demonstrates: (a) Skill in the application of assessment data to provide effective instructional programs; (b) Skill in the implementation of the district's student evaluation program; (c) Skill in providing equal opportunity for all students and staff; and (d) Skill in the use of employee and leadership techniques appropriate to the assignment and according to well established standards which ensure due process for the staff for which the administrator is responsible for evaluating. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TS 7-1983, f. & ef. 12-14-83 TS 5-1979, f. 12-19-79, ef. 1-1-80
584-020-0025 Management Skills (1) The competent educator is a person who understands students and is able to relate to them in constructive and culturally competent ways. The competent educator establishes and maintains good rapport. The competent educator maintains and uses records as required, and as needed to assist the growth of students. (2) The competent teacher demonstrates skills in: (a) Establishing and maintaining classroom management that is conducive to learning; (b) Using and maintaining district property, equipment, and materials appropriately; (c) Using and maintaining student records as required by federal and state law and district policies and procedures; (d) Using district and school business and financial procedures; and (e) Using district lawful and reasonable rules and regulations. (3) The competent administrator demonstrates: (a) Leadership skills in managing the school, its students, staff, and programs as required by lawful and reasonable district policies, rules, and regulations, state and federal laws and regulations, and other programs as assigned, and assures that staff is informed of these requirements; and (b) Skills in planning and staff assignment. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TS 7-1983, f. & ef. 12-14-83 TS 5-1979, f. 12-19-79, ef. 1-1-80
584-020-0030 Human Relations and Communications (1) The competent educator works effectively with others -- Students, staff, parents, and patrons. The competent educator is aware of the ways the community identifies with the school, as well as community needs and ways the school program is designed to meet these needs. The competent educator can communicate with knowledge, clarity, and judgment about educational matters, the school, and the needs of students. (2) The competent teacher demonstrates: (a) Willingness to be flexible in cooperatively working with others; and (b) Skill in communicating with administrators, students, staff, parents, and other patrons. (3) The competent administrator demonstrates: (a) Skill in helping students, staff, parents, and other patrons to learn about the school, the district and its program; (b) Skills in communicating district and school goals to staff and the public; (c) Willingness to be flexible in cooperatively working with others; and (d) Skill in reconciling conflict. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 7-2007, f. & cert. ef. 12-14-07 TS 5-1979, f. 12-19-79, ef. 1-1-80
584-020-0041 Misconduct Reporting Requirements (1) For purposes of this rule, "chief administrator" means: (a) The superintendent, head teacher, head administrator or person designated by a school district board as district school clerk under ORS 332.515, of a school district, education service district or charter school; (b) The chief administrative officer of public schools administered by the Oregon Department of Education; or (c) The chief administrative officer of a private elementary or secondary school, as long as the chief administrative officer is licensed by the Commission. (2) A chief administrator will report educators described in this subsection regardless if the educator is employed in the chief administrator's district. Subject educators include: (a) Any educator possessing a TSPC-issued license or certification; (b) Any educator holding a charter school registration; (c) Any pre-service candidate enrolled in a public or private school for purposes of program completion pursuant to any program described in division 17 of these administrative rules. (3) A chief administrator will report to the Executive Director within thirty (30) days the name of any person described in subsection (2) above, when the chief administrator reasonably believes the person may have committed any act which may constitute any of the designated acts of gross neglect of duty under OAR 584-020-0040(4), subsections (a) to (s) or any of the designated acts of gross unfitness listed under OAR 584-020-0040(5), subsections (a) to (e). Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 3-2013, f. & cert. ef. 8-19-13 TSPC 7-2007, f. & cert. ef. 12-14-07 TSPC 9-2006, f. & cert. ef. 6-15-06 TSPC 1-2001, f. & cert. ef. 1-17-01 TSPC 7-1999, f. & cert. ef. 10-8-99 TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00 TS 4-1997, f. 9-25-97, cert. ef. 10-4-97 TS 4-1993, f. & cert. ef. 9-29-93
584-020-0045 Factors for Imposing Disciplinary Sanctions The Commission may consider one or more of the following factors, as it deems appropriate, in its determination of what sanction or sanctions, if any, should be imposed upon a finding that an educator has violated any standard set forth in OAR 584-020-0040: (1) If the misconduct or violation is an isolated occurrence, part of a continuing pattern, or one of a series of incidents; (2) The likelihood of a recurrence of the misconduct or violation; (3) The educator's past performance; (4) The extent, severity, and imminence of any danger to students, other educators, or the public; (5) If the misconduct was open and notorious or had negative effects on the public image of the school; (6) The educator's state of mind at the time of the misconduct and afterwards; (7) The danger that students will imitate the educator's behavior or use it as a model; (8) The age and level of maturity of the students served by the educator; (9) Any extenuating circumstances or other factors bearing on the appropriate nature of a disciplinary sanction; or (10) To deter similar misconduct by the educator or other educators. Statutory/Other Authority: ORS 342 Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190 History: TSPC 2-2005, f. & cert. ef. 4-15-05 TS 5-1983, f. & ef. 7-21-83