584-036-0070 Expedited Service for Licensure, Registration and Certificate Applications

Summary of Proposed Action: Amends expedited service for licensure, registration or certificate application rule. Clarifies when expedited service is available. Clarifies the requirements for expedited service.

Background: Oregon statute requires the Commission and TSPC to offer an expedited service for licensure applications from districts for urgent situations and military spouse and military domestic partner applications from applicants. The Commission also offers expedited service for charter school registration and nurse certificates. The expedited service must be completed within two working days if all licensure requirements are met. These amendments clarify the circumstances where the expedited service is available and what requirements must be met to receive the faster application processing.

Fiscal Impact: N/A

Copy of Proposed Rule

584-036-0070

Expedited Service for Licensure, Registration and Certificate Applications for Military Spouses and Emergency Licenses

(1) Except for Military Spouse or Military Domestic Partners applicants, expedited service may only be requested for true emergencies is available under the following circumstances:

(1) Pursuant to ORS 342.125, expedited service is defined as the priority processing of a license, registration or certificate within two working days after receiving a correct and complete application.

(2) Expedited service is only available in the following circumstances:

(a) District requests for the issuance of a license, registration or certificate in an urgent situation; and

(b) Military Spouse or Military Domestic Partner Applications pursuant to ORS 342.195(2).

(3) To be eligible for expedited service of a license, registration or certificate application, other than a military spouse or domestic partner application pursuant to ORS 342.195(2), an applicant and co-applicant district must provide:

(a) A C-3 form (District-provided);

(b) A complete application, including all fingerprint clearance and criminal records check requirements. (Applicant-provided); (See OAR 584-036-0062 for Criminal Records Check Requirement.)

(c) A Statement of Need: A statement from the district describing the urgent situation requiring the expedited service. The district may be required to provide evidence to support the Statement of Need; and

(d) All licensure, registration or certificate application fees and the expedited service fee pursuant to OAR 584-036-0055.

(4) A C-3 form submitted by a district is invalid until a complete application and all required fees are submitted.

(5) Upon receipt of the C-3 form, a correct and complete application, including all fingerprint clearance and background check requirements, a Statement of Need, and all mandatory fees, the license, registration and certificate will be issued within two working days as provided in ORS 342.125(6). Incomplete applications are not subject to the two working day provision. Applications are considered incomplete until sufficient evidence and information is received and reviewed to determine if the applicant has met the requirements of the license for which the applicant has applied.

(2) (6) Situations not eligible for expedited service of licensure, registration or certification applications Emergency Licensure requests include:

(a) Renewal applications within the 120 days grace period, unless the application was submitted too late to allow processing within the 120 period following the expiration date on the license;

(b) New Oregon applicants eligible for Fast-Track processing pursuant to OAR 584-010-0090; or

(c) Failure to meet renewal or upgrade requirements such as, submitting passing test scores, required coursework or continuing professional development.

(a) For a District’s Request for an Emergency License: An employer and an applicant may jointly request an emergency license or other eligible license by expedited service by submitting a license application, which must include the C-1 and C-3 forms, accompanied by the regular application fee and an expedited service fee pursuant to OAR 584-036-0055.

(A) A C-3 form submitted by a district is invalid until a completed application and all fees are submitted related to the emergency request.

(B) Incomplete applications are not subject to the 48 hour turn around provision in ORS 342.125.

(C) Once a completed application is received by the Commission, the license will be issued within 48 hours.

(b) Qualified applicants will be authorized to perform all duties of the position as defined on the license upon receipt of the emergency license issued by the Commission. Eligibility for the emergency license and any future licensure is conditional upon determination that all requirements for the non-emergency license have been met.

(c) For Applications from Military Spouses or Military Domestic Partners: As used in this section: A qualifying applicant for an expedited application is a military spouse or domestic partner of an active member of the Armed Forces of the United States who holds a current license from another state and has been subject to a military transfer to Oregon within the twelve months prior to the application for licensure.

(7) To be eligible for expedited service of a military spouse or military domestic partner application pursuant to ORS 342.195(2), an applicant must:

(a) Hold a current license from another state;

(b) Be a military spouse or domestic partner of an active member of the Armed Forces of the United States who has been subject to a military transfer to Oregon within the 12 months prior to the application of the license;

(A) (c) The applicant must sSubmit a complete application as described by Commission rule provided in OAR Chapter 584, in Divisions 60, 70 or 80, including evidence of the spousal or domestic relationship and evidence of the recent military transfer; and

(d) Submit the fees for an out-of-state evaluation and fee for the expedited service.

(B) (8) A qualifying applicant for an expedited military spouse or domestic partner of an active member of the Armed Forces of the United States license will only be eligible for an equivalent license issued by the Commission if:

(a) The applicant has met all the requirements of the license for which the applicant is applying; based on demonstrated competency; and

(b) The applicant has not been (C) An applicant who has been subject to discipline in another state against any educator certificate, license or charter school registration. is not eligible for licensure under this section For this section, discipline is defined as any if the discipline for conduct that would bar any applicant from licensure as an educator in the state of Oregon.

(4) (9) The fee to expedite an application for a military spouse or domestic partner of an active member of the Armed Forces of the United States is the same as the fee to expedite an application requested by a district.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.125 & 342.127 ; 342.195; 342.475
Hist.: TSPC 4-2006(Temp), f. & cert. ef. 2-3-06 thru 8-2-06; TSPC 9-2006, f. & cert. ef. 6-15-06; TSPC 4-2013(Temp), f. & cert. ef. 11-14-13 thru 5-13-14; TSPC 2-2014, f. & cert. ef. 3-15-14

Authorizing Oregon Statutes

342.125 Types of licenses; charter school teacher and administrator registry; expedited process. (1) Teaching licenses shall be issued and renewed by the Teacher Standards and Practices Commission by the authority of the State of Oregon, subject to ORS 342.120 to 342.430 and the rules of the commission.

      (2) Subject to subsection (4) of this section, teaching licenses shall be of the following types:

      (a) Basic teaching license.

      (b) Standard teaching license.

      (c) Administrative license.

      (d) Restricted teaching license.

      (3) Subject to ORS 342.130 and to subsection (4) of this section and in addition to the teaching licenses described in subsection (2) of this section, licenses shall be of the following types:

      (a) Initial teaching license.

      (b) Professional teaching license.

      (c) Teacher leader license.

      (d) Initial personnel service license.

      (e) Continuing personnel service license.

      (f) Initial administrative license.

      (g) Continuing administrative license.

      (4) The Teacher Standards and Practices Commission may establish other types of teaching licenses as it considers necessary for operation of the public schools of the state and may prescribe the qualifications for the licenses. However, no license established under the authority of this subsection is required for a regular classroom teaching position in the public schools.

      (5)(a) The Teacher Standards and Practices Commission shall establish a public charter school teacher and administrator registry. The commission shall require the applicant and the public charter school to jointly submit an application requesting registration as a public charter school teacher or administrator. The application shall include:

      (A) A description of the specific teaching or administrator position the applicant will fill;

      (B) A description of the background of the applicant that is relevant to the teaching or administrator position, including any post-secondary education or other experience; and

      (C) Documentation as required by the commission for the purposes of conducting a criminal records check as provided in ORS 181.534 and a background check through an interstate clearinghouse of revoked and suspended licenses.

      (b) Subject to the results of the criminal records check and background check and to information received under ORS 342.143 (2), the commission shall approve the application for registration. The commission may deny a request for registration only on the basis of the criminal records check, the background check through an interstate clearinghouse of revoked and suspended licenses or the information received under ORS 342.143 (2). The registration is valid for three years and may be renewed upon joint application from the teacher or administrator and the public charter school.

      (c) A registration as a public charter school teacher qualifies its holder to accept the teaching position described in the application in the public charter school that submitted the application with the holder of the registration.

      (d) A registration as a public charter school administrator qualifies its holder to accept the administrator position described in the application in the public charter school that submitted the application with the holder of the registration.

(6) The Teacher Standards and Practices Commission shall adopt an expedited process for the issuance of any license established pursuant to this section. The process may require a school district superintendent or school district board and the applicant to jointly submit an application requesting an emergency license. Within two working days after receiving a completed application the commission shall issue the emergency license. However, the commission may limit the number of applications for expedited service from a school district or education service district to not more than 100 applications in a period of two working days. For purposes of this subsection, the commission may not distinguish between a school district or education service district involved in a labor dispute and any other school district or education service district. [1961 c.439 §2; 1965 c.100 §349; 1965 c.550 §2; part renumbered 342.127; 1973 c.270 §3; 1981 c.663 §2; 1991 c.662 §5; 1993 c.45 §152; 1997 c.352 §1; 1997 c.383 §1; 1999 c.199 §2; 2005 c.730 §17; 2007 c.575 §8; 2013 c.286 §1]

342.195 Teaching licenses based on experience in certain federal programs; rules. (1) An otherwise qualified applicant for an initial or basic teaching license shall be granted the license upon payment of the required fees and the showing by proof satisfactory to the Teacher Standards and Practices Commission that:

(a) While the applicant was in the Peace Corps program or was a volunteer under section 603 of the Economic Opportunity Act of 1964 (Public Law 88-452), the applicant:

(A) Completed two years of satisfactory service that emphasized teaching in any preprimary program or in any grade 1 through 12 in subjects regularly taught in public schools; and

(B)(i) Has completed an approved teacher education program; or

(ii) Has earned at least a baccalaureate degree from an accredited institution of higher education and has completed a teacher training program provided under the auspices of the federal program; or

(b) The applicant was a certified instructor for the Armed Forces of the United States, if the applicant provides the commission with documentation of military training or experience that the commission determines is substantially equivalent to the training required for an initial or basic teaching license.

(2)(a) The commission shall establish by rule an expedited process by which a military spouse or domestic partner who is licensed to teach in another state may apply for and obtain a teaching license.

(b) As used in this subsection, “military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. [1967 c.304 §2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13; 2012 c.43 §1a; 2013 c.351 §2]