DIVISION 100

 

NO CHILD LEFT BEHIND

 

584-100-0001

Purpose

These rules establish requirements and procedures under the federal No Child Left Behind Act that mandates all teachers in core academic areas meet the law’s definition of “highly qualified” by the end of the 2005-2006 school year.

(1) Additionally, all new teachers teaching in programs supported with Title I funds after the first day of the 2002-2003 school year must be “highly qualified.”

(2) Teachers new to Oregon licensure must first be evaluated under the existing Oregon administrative rules to become licensed, and then meet the requirements for “highly qualified teacher” appropriate for the license with which they qualify.

(3) The rules in Division 100 apply only to No Child Left Behind classroom assignments.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0005

Definitions

These definitions apply only to Division 100.

(1) “Advanced Credential or Advanced Certification”: A Continuing Teaching License, or a Standard Teaching License or a certificate from the National Board for Professional Teaching Standards in the subject area, for teachers holding middle level or secondary authorization levels.

(2) “Bachelor’s Degree”:

(a) A degree obtained from a regionally accredited institution in the United States; or

(b) A degree from a foreign institution that is appropriately accredited as affirmed through the Oregon Office of Degree Authorization; or

(c) A higher degree in the arts or sciences or an advanced degree in the professions from a regionally-accredited institution may validate a non-regionally accredited bachelor’s degree.

(3) “Complete School Year”: Any related teaching assignment for 135 instructional days in a school year. Exceptions may be appealed to the Executive Director pursuant to OAR 584-052-0027.

(4) “Core Academic Subjects”:

(a) English (Language Arts);

(b) Reading or Language Arts (Reading or Language Arts);

(c) Mathematics (Basic or Advanced Mathematics);

(d) Science (Integrated Science, Biology, Chemistry, or Physics);

(e)  Foreign Languages (Spanish, French, German, Russian, Japanese, or Latin);

(f) Civics and Government (Social Studies);

(g) Economics (Social Studies);

(h) Arts (Art, Music, or Drama);

(i) History (Social Studies);

(j) Geography (Social Studies).

(5) “Elementary Classroom”: Any combination of self-contained classrooms in grades preprimary through eight in any school.

(6) “Elementary Teacher”: An educator teaching in a self-contained classroom grades preprimary through eight.

(7) “Middle-level Classroom”: Any classrooms in grades five through eight organized departmentally by subject matter.

(8) “New to the Profession”: A teacher who has been teaching on an approved license in any U.S. jurisdiction in a public or regionally accredited private school less than three complete school years. (See definition of “Complete School Year” above)

(9) “Newly Hired Teacher”: A teacher hired after the first day of the 2002-2003 school year in a Title I program or school. The teacher is not considered “newly hired” if the teacher is already employed in the district and transferred into a Title I program or school.

(10) “Not New to the Profession”: A teacher who has been teaching on an approved license in any U.S. jurisdiction in a public or private school for a total of three or more complete school years.  (See definition of “Complete School Year” above.)

(11) “Rigorous State Test”:

(a) The Multiple Subjects Assessment for Teachers (MSAT) test for elementary or middle level (See OAR 584-100-0022 for more details); or

(b) The appropriate Praxis II or NTE Subject-matter test for middle-level and high school; or

(c)  Satisfaction of the TSPC alternative assessment procedure; or

(d)  Another state’s subject-matter licensure exam designated as a “rigorous state test.”

(12) “Secondary School”:

(a) A combination of grades ten through twelve in districts providing a junior high school containing grade nine; or

(b) Any combination of grades nine through twelve organized as a separate unit; or

(c) Grades nine through twelve housed with grades preprimary through twelve.

(13) “Self-contained Classroom”: An assignment for teaching in grades preprimary through eight in which the teacher has full responsibility for the curriculum.

(14) “Subject-matter competency”: Subject matter competency may be demonstrated through any one of the following:

(a) Passing the appropriate “rigorous state test” (see rule above); or

(b) Having a major in the subject-matter area (does not apply to elementary authorizations); or

(c) Having coursework equivalent to a major in the subject-matter area (does not apply to elementary authorizations); or

(d) Having a graduate degree in the subject matter area (does not apply to elementary authorizations); or

(e) Satisfying the Highly Objective Uniform State Standard of Evaluation (HOUSSE) requirements set forth in these rules (only if have taught three years or more).

(15) “Undergraduate Major or Coursework Equivalent to a Major”: Forty-five quarter hours or thirty semester hours of undergraduate or graduate coursework in subject matter numbered 100 level or above, transcripted by a regionally accredited college or university. (See definition of “Bachelor’s Degree” for undergraduate credits obtained from an unaccredited college or university.)

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0010

Highly Qualified Elementary Teacher New to the Profession

A teacher who has been teaching on an approved license in any school in a U.S. jurisdiction less than three complete school years must meet the following criteria:

(1) Hold one of the following licenses:

(a)  A Basic Teaching License; or

(b) An Initial Teaching License; or

(c) A Preliminary Teaching License; or

(d) An Approved NCLB Alternative Route Teaching License as contained within OAR 584-100-0040; and

(2) Be properly assigned to a self-contained classroom in grades preprimary through eight.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0015

Highly Qualified Elementary Teacher Not New to the Profession

A teacher who has been teaching on an approved license in any school in a U.S. jurisdiction for a total of three or more complete school years must meet the following criteria:

(1) Hold a Basic, Standard, Initial, Continuing, Five-Year Elementary Teaching License, or Preliminary Teaching License;

(2) Satisfied one of the following:

(a) Pass the appropriate rigorous state test; or

(b) Meet one of the Elementary HOUSSE standards as follows:

(A) Complete an approved elementary teacher education program or the coursework equivalent to sixty quarter hours distributed as follows:

(i) Eighteen quarter or twelve semester hours in language arts;

(ii) Twelve quarter or eight semester hours in mathematics;

(iii) Nine quarter or six semester hours in science;

(iv) Nine quarter or six semester hours in U.S. history, cultural geography, and other social sciences;

(v) Three quarter or two semester hours in health education;

(vi) Three quarter or two semester hours in physical education;

(vii) Three quarter or two semester hours in music education;

(viii) Three quarter or two semester hours in art education; or

(B) Complete the TSPC Alternative Assessment procedure; or

(C) Obtain a certificate as Early Childhood Generalist, Early Childhood Art, Early Childhood Music, or Early Childhood ESOL from the National Board for Professional Teaching Standards; or

(D) Hold a Standard Elementary License; or

(E) Hold a master’s degree; and

(c) Be properly assigned to a self-contained classroom in grades preprimary through eight.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0020

Highly Qualified Middle Level Teacher (departmental grades 5-8) New to the Profession

A teacher who has been teaching on an approved license in a U.S. jurisdiction less than three complete school years must meet the following criteria:

(1) Hold a Basic, Initial, Approved NCLB Alternative Route Teaching License or Preliminary Teaching License in the core academic area(s) and satisfy one of the following:

(a) Pass the prescribed rigorous state exam in the subject area(s) (See OAR 584-100-0022 details related to the MSAT and subject-matter competency); or

(b) Hold an undergraduate major in the subject area(s); or

(c) Hold a graduate degree in the subject area(s); or

(d) Complete coursework equivalent to an undergraduate major; and

(2) Be properly assigned in the subject area in a departmental classroom in grades five through eight.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0022

Multiple Subject Assessment for Teachers (MSAT) Test for Middle-Level Subject-Matter Competency

A teacher who has passed the Multiple Subjects Assessment for Teachers (MSAT) test as a rigorous state test may be qualified to teach multiple core academic subjects in math, language arts, social studies and science only).

(a)  MSAT scores to determine whether a teacher is eligible to have core academic subject matter area competency based upon performance on this test will be evaluated as follows:

(i)  The composite score of 310 required to pass the MSAT in Oregon represents 77.5% success rate overall on the test.

(ii) To be qualified in one or more core academic subject matter areas (based on performance on the MSAT) a candidate must pass each subject in which they wish to be “highly qualified” by at least 77.5%. 

(A) The calculation will be as follows: The total number of raw points possible for each core academic subject matter area is achieved by adding together the total points available in both the content knowledge and content area exercises portions of that core academic subject only. The total number of raw points achieved by the test candidate must meet or exceed 77.5% of the total number of points available for that core academic subject matter area.

(B) If the candidate meets or exceeds 77.5% of the total points available in a core academic subject matter area, the candidate meets the requirements for having passed a rigorous state test in the core academic subject matter area at the middle level only.

(b) This analysis only applies for teachers wishing to seek multiple subject endorsements on middle-level authorizations or basic elementary licenses.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0025

Highly Qualified Middle Level Teacher (departmental grades 5-8) Not New to the Profession

A teacher who has been teaching on an approved license in a U.S. jurisdiction for a total of three or more complete school years must meet the following criteria:

(1) Hold a Basic, Standard, Initial, Continuing, Five-Year Elementary (grades five and six), Five-Year Secondary, or Preliminary Teaching License and satisfy one of the following:

(a) Pass the prescribed rigorous state exam; or

(b) Hold an undergraduate major in the subject area(s); or

(c) Hold a graduate degree in the subject area(s); or

(d) Complete coursework equivalent to an undergraduate major; or

(e) Hold advanced certification or credentialing; or

(f) Meet the Middle Level HOUSSE requirements as follows:

(A) Have taught on an approved license in the subject area for a total of three or more complete school years; and

(B) Have completed twenty-four quarter or sixteen semester hours from a regionally accredited college or university in the subject area; and

(2) Be properly assigned in the subject area in a departmental classroom in grades five through eight.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0030

Highly Qualified Secondary (grades 9-12) Teacher New to the Profession

A teacher who has been teaching on an approved license in a U.S. jurisdiction less than three complete school years must meet the following criteria:

(1)  Hold a Basic or Initial Teaching License in the core academic area(s) taught; or

(2) Hold an Approved NCLB Alternative Route Teaching License contained within OAR 584-100-0040; or

(3) Hold a Preliminary Teaching License contained in OAR 584-100-0045; and

(4) Be properly assigned in the subject area in grades nine through twelve.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0035

Highly Qualified Secondary (grades 9-12) Teacher Not New to the Profession

A teacher who has been teaching on an approved license in a U.S. jurisdiction for a total of three or more complete school years must meet the following criteria:

(1) Hold a Basic, Standard, Initial, Continuing, in the core academic area(s) taught; or

(2) Hold a Preliminary Teaching License contained in OAR 584-100-0045; and

(3) Be properly assigned in the subject area in a departmental classroom in grades nine through twelve.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0040

Approved NCLB Alternative Route Teaching License  

Upon filing a correct and complete application in form and manner prescribed by the Commission, a qualified applicant shall be granted an Approved NCLB Alternative Route Teaching License.

(1) The application must be filed jointly by the hiring district and the teacher seeking the license.

(2) Districts hiring a highly qualified teacher based on the Approved NCLB Alternative Route Teaching License must ensure that the license has been obtained by the teacher prior to assignment within the district.

(3) The Approved NCLB Alternative Route Teaching License shall be restricted to use within the district that has jointly applied for it with the teacher.

(4) The license is not transferable to another district.  Should the teacher seek to obtain another Approved NCLB Alternative Route Teaching License with another district, the license is only valid for the remainder of the three years from the initial date of the license.

(5) The district must submit an approved plan with the licensee’s application that describes how the teacher will receive high-quality professional development that is sustained, intensive and classroom-focused before and while teaching in the district.  The plan must also include how the teacher will be making progress toward completing full state licensure requirements in the next three years.

(6) The license expires exactly three-years from the date of issue and is not subject to the 120-day grace period.

(7) To be eligible for an Approved NCLB Alternative Route License, the applicant must:

(a) Hold a bachelor’s degree;

(b) Demonstrate core academic subject matter competency by:

(A) Passing the TSPC approved rigorous state test required for the grade-level and subject-matter area; or

(B) Holding an undergraduate major or coursework equivalent in the core academic subject in the teaching area (does not apply to elementary authorizations); or

(C) Holding a graduate degree in the core academic subject in the teaching area (does not apply to elementary authorizations).

(8) Per federal law:

(a) Teachers on the Approved NCLB Alternative Route Teaching License are considered highly qualified for only three years; and

(b) The license is not renewable and is not eligible for any extension.

(9) Teachers who have taught on a Restricted Transitional License for one-year or less, upon application with a district may be eligible for the Approved NCLB Alternative Route Teaching License provided the requirements of section (7) (a) and (b) of this rule are met.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0045

Preliminary Teaching License  

Upon filing a correct and complete application in form and manner prescribed by the Commission, a qualified applicant shall be granted a Preliminary Teaching License for up to one-year. 

(1) An applicant is eligible for a Preliminary Teaching License only if the applicant is seeking to be hired into a Title I program or Title I school.

(2) To be eligible for a Preliminary Teaching License, the applicant must meet the following requirements:

(a) Hold a bachelor’s degree;

(b) Document completion of a teacher education program in any state;

(c) Demonstrate knowledge of applicable civil rights laws by completing the required civil rights affidavit;

(d) Demonstrate subject matter competency as defined in OAR 584-100-0005 (14);

(e) Provide a letter from the school district attesting that the position being sought is either in a Title I program or a Title I school; and

(f) Furnish fingerprints in the manner prescribed by the Commission;

(g) Obtain an approved first aid card within 90 days of receiving the license, if not a current card holder.

(3) At the expiration of one-year, in order to remain highly qualified, educators holding a Preliminary Teaching License must meet all remaining requirements for the Initial Teaching License.

(4) The Preliminary Teaching License is valid for one year only, and cannot be renewed or extended.

(5) The Preliminary Teaching License is not eligible for district conditional assignment permits.

(6) Eligible applicants will also receive a three-year unrestricted Transitional Teaching License pursuant to ORS 584-060-0161.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

PROFESSIONAL TECHNICAL (VOCATIONAL)

 

584-100-0050

Highly Qualified Professional Technical Teacher

All professional technical teachers who teach courses that contain core academic subjects in professional technical for which students receive core academic credit, must meet the “highly qualified” designation for that core academic subject.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

SUBSTITUTE TEACHING

 

584-100-0055

Highly Qualified Substitute Teacher

Teachers substituting more than four continuous weeks in a core academic subject must be highly qualified.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

SPECIAL EDUCATION

 

584-100-0060

Special Education Teachers Generally

 (1) Special education teachers who are providing instruction in core academic subjects must meet the “highly qualified” standards of the law.

(2) Special educators who do not directly instruct students in any core academic subject, or who provide only consultation to highly qualified teachers of core academic subjects in adapting curricula, using behavioral supports and interventions, and selecting appropriate accommodations, are not subject to the same requirements that apply to teachers of core academic subjects.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0065

Highly Qualified Elementary Special Education Teacher

To be considered highly qualified an elementary special education teacher must:

(1) Meet the requirements for the “Highly Qualified Elementary Teacher” new or not new to the profession;

(2) Hold the appropriate Oregon special education endorsement; and

(3) Teach only in pre-primary through grade eight in a self-contained special education classroom.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0070

Highly Qualified Middle-Level or Secondary Special Education Teacher

To be considered highly qualified a middle-level or secondary special education teacher must:

(1) Meet the requirements for the “Highly Qualified Middle-Level or Secondary Teacher” new or not new to the profession;

(2) Hold the appropriate Oregon special education endorsement; and

(3) Have a partnership relationship with a highly qualified teacher if teaching a core academic subject in which the teacher is not highly qualified.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

CHARTER SCHOOLS

 

584-100-0090

Licensed and Registered Elementary Charter School Teacher

Licensed and registered elementary charter school teachers teaching in pre-primary through grade eight self-contained classrooms must meet the following criteria:

(1) Licensed teachers must meet the highly qualified teacher definition for new or not new to the profession for elementary teachers.

(2) Registered teachers must hold a bachelor’s degree and demonstrate subject matter competency by passing the appropriate rigorous state test.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0095

Licensed and Registered Middle-Level or Secondary Charter School Teacher

Licensed and registered middle-level or secondary charter school teachers teaching in departmentalized middle level grades five through eight or in secondary grades nine through twelve must meet the following criteria:

(1) Licensed teachers must meet the highly qualified teacher definition for new or not new to the profession for middle-level or secondary teachers.

(2) Registered teachers must hold a bachelor’s degree and one of the following:

(a) A passing score on the appropriate rigorous state test in the subject area; or

(b) An undergraduate major in the subject area; or

(c) A graduate degree in the subject area; or

(d) Coursework equivalent to an undergraduate major in the subject area.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

NO CHILD LEFT BEHIND GENERALLY

 

584-100-0100

Licenses Considered “Full State Certification”

The following Oregon Teaching Licenses are considered to meet full state certification under the No Child Left Behind federal act:

(1) Basic Teaching License; or

(2) Standard Teaching License; or

(3) Initial Teaching License; or

(4) Continuing Teaching License; or

(5) Five-Year Elementary Teaching License; or

(6) Five-Year Secondary Teaching License; or

(7) Approved NCLB Alternative Route Teaching License; or

(8) Preliminary Teaching License.

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0105

Licenses Not Considered to be “Full State Certification”

The following Oregon Teaching Licenses are not considered to meet full state certification under the No Child Left Behind federal act:

(1) Expedited Service License (until final license is issued)

(2) Personnel Service Licenses:

(a) School Counseling

(b) School Psychologist

(c) Supervisor

(3) Limited Student Services License

(4) Restricted or unrestricted Transitional Counselor License

(5) Restricted or unrestricted School Psychologist License

(6) Teaching Associate License

(7) Any Substitute Teaching License

(8) American Indian Languages License

(9) Emergency Teaching License

(10) Unrestricted Transitional Teaching License

(11) Restricted Transitional Teaching License (See, OAR 584-100-0050 for possible Approved NCLB Alternative Route Teaching License eligibility.)

(12) Limited Teaching License

(13) Any Administrative License

(14) Any approved conditional assignment permit

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125

 

584-100-0110

Non-Core Academic Subjects

A teacher need not be highly qualified under the federal act in the following subjects taught in departmental middle, junior high or high schools:

(1) Basic Early Childhood Education

(2) Business courses other than Economics

(3) Educational Media

(4) Family and Consumer Sciences

(5) Health Education

(6) Technology Education (non-vocational);

(7) Physical Education;

(8) Basic Adapted Physical Education;

(9) Professional Technical Endorsements:

(a) Communication Journalism;

(b) Communications Technologies;

(c) Design and Applied Arts;

(d) Administrative Services;

(e) Financial Services;

(f) Hospitality & Tourism;

(g) Marketing/Management;

(h) Health Services;

(i) Leisure & Fitness;

(j) Education;

(k) Family & Consumer Sciences;

(l) Personal Services;

(m) Legal & Protective Services;

(n) Social Services;

(o) Computer Technology;

(p) Construction;

(q) Engineering Technology;

(r) Mechanical Systems;

(s) Manufacturing Technology;

(t) Agricultural Science & Technology;

(u) Forestry/Natural Resources; and

(v) Integrated Environmental Technology

(10) Foreign Languages not considered core academic subject:

(a) Greek;

(b) Hebrew;

(c) Mandarin;

(d) Cantonese;

(e) Korean;

(f) Vietnamese;

(g) Filipino associated languages;

(h) Native American Languages;

(i) African Languages;

(j) Sign Language; and

(k) Other languages for which an endorsement is not required.

(11) Law Studies

(12) Consumer Law

(13) Business Law

(14) Psychology

(15) Sociology

(16) Anthropology

(17) Philosophy

(18) World Religions

Stat. Auth:  ORS 342

Stats. Implemented: ORS 342.125