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 Commission’s 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 person’s 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 §5]
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.