584-020-0060 Letters of Informal Reproval (New Rule)

 

 

Summary of Proposed Action:Creates administrative rule for Informal Reproval process.

 

Background:In 2009, the Oregon Legislature passed a law allowing the Commission to issue letters of informal reproval in lieu of other disciplinary actions.In 2013, the Commission issued 18 letters of reproval.This rule adopts the statutory provisions and delineates a process for termination of the informal reproval process.

 

Fiscal Impact: N/A

 

Copy of Proposed Rule

 

584-020-0060 Letters of Informal Reproval (New Rule)

 

(1) Pursuant to ORS 342.183, the Commission may agree not to pursue disciplinary action against a licensed, registered or certified educator by the Commission and issue a letter of informal reproval if:

(a) Following an investigation, the Commission determines that the educator has engaged in misconduct based on standards adopted by the Commission by rule; and

(b) The educator agrees to the terms of the letter of informal reproval, including a monitoring period.

(2) The Commission may take disciplinary action if the educator fails to comply with the terms of the informal reproval as provided in subsection (5) of this rule.

(3) Pursuant to ORS 342.183, the Commission shall:

(a) Establish the terms of a monitoring period for the educator to whom the letter is issued; and

(b) Notify the employer, if any, of the educator to whom the letter is issued, including any terms of the letter that the employer may need to know to assist the educator in complying with the terms of the letter.

(4) A letter of reproval:

(a) Is confidential; and

(b) May not be posted on an interstate clearinghouse related to educator license sanctions except if disciplinary action is taken as provided in subsection (5) of this rule.

(5)If an educator fails to comply with the terms of a letter of informal reproval, the Commission may take disciplinary action against the educator based on one or both of the following:

(a) The conduct underlying the letter of informal reproval; or

(b) The failure to comply with the terms of the letter of informal reproval.

(6)If the Executive Director of the Commission determines that an educator failed to meet the terms of a letter of informal reproval, the Executive Director shall report the failure to the Commission to make a final determination pursuant to ORS 342.176.

(7)If the Executive Director of the Commission determines that an educator has met the terms of a letter of informal reproval and has successfully completed the monitoring period, the Executive Director shall report to the Commission that the educator has met the terms of the letter of informal reproval.The report and the Commissionís approval of the report shall serve as the termination of the informal reproval.

(8) The Executive Director shall notify the educator of the successful termination of the informal reproval as provided in subsection (7) of this rule.

(9) The Executive Director shall notify the employer, if any, of the educator who was previously notified under subsection (3)(b) of this rule of the successful termination of the informal reproval as provided in subsection (7) of this rule.

 

 

 

 

Authorizing Oregon Statute

 

      342.183 Letters of informal reproval. (1) The Teacher Standards and Practices Commission may issue a letter of informal reproval to a person licensed, registered or certified by the commission if:

      (a) Following the completion of an investigation, the commission determines that the person has engaged in conduct that affects the personís ability to be professionally effective, based on standards adopted by the commission by rule; and

      (b) Subject to subsection (5) of this section, the commission agrees not to pursue disciplinary action against the person under ORS 342.175 and the person agrees to the terms of the letter of informal reproval, including a monitoring period.

      (2) A letter of informal reproval issued as provided by subsection (1) of this section shall establish the terms of a monitoring period for the person to whom the letter is issued.

      (3) Upon the issuance of a letter of informal reproval, the commission shall notify the employer of the person to whom the letter is issued, including any terms of the letter that the employer may need to know to assist the person in complying with the terms of the letter.

      (4) A letter of informal reproval issued as provided by subsection (1) of this section:

      (a) Is confidential; and††††††††††††††††††††††††††††††††††††††††††††††††††††

      (b) Except when a disciplinary action is taken as provided in subsection (5) of this section, may not be posted on an interstate clearinghouse related to educator license sanctions.

      (5) If a person fails to comply with the terms of a letter of informal reproval, the commission may take disciplinary action against the person based on one or both of the following:

      (a) The conduct underlying the letter of informal reproval; or

      (b) The failure to comply with the terms of the letter of informal reproval.

      (6) If the executive director of the commission determines that a person failed to meet the terms of a letter of informal reproval, the executive director shall report the failure to the commission for the commission to make a final determination pursuant to ORS 342.176.

      (7) The documents and materials used in an investigation for the purposes of this rule are confidential and are not subject to public inspection unless the commission makes a final determination to discipline the person pursuant to ORS 342.175. [2009 c.706 ß5]

 

      Note: 342.183 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 342 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.