Teacher Standards and Practices Commission

465 Commercial Street NE

Salem OR  97301

 

February 9-11, 2011

 

ITEM:

 

 

HISTORY OF CONDITIONAL ASSIGNMENTS AND SMALL SCHOOL WAIVERS

 

ACTION:

 

INFORMATION ITEM

INFORMATION:

 

1955 to 1965:  Throughout the 1950s and up until 1965 when the Commission was created by statute within the Oregon Department of Education, the philosophy of the State Board of Education and State Department of Education was as follows:

 

The State Department of Education can issue certificates only within the framework of the adopted rules and regulations.  It cannot make substitutions or exceptions which the regulations do not authorize.  In administering the regulations, it is the earnest desire and intent of the Department to be fair to each prospective teacher and to discharge its responsibility to those whom the schools serve.  Rex Putnam, Superintendent of Public Schools, 1954.

 

The above-cited “caution” was on the front page of every publication of Oregon Rules and Regulations Governing the Certification of Teachers until 1965 when Leon Minear was Superintendent of Public Instruction.  Districts were required to obtain “special licenses” for all situations where they needed a teacher to teach in a subject-matter for which they were not prepared.

 

1965 to 1977:  In 1965, the rules were revised significantly, abolishing the former life, five-year regular, and provisional teaching certificates.  Effective October 15, 1965, the Basic and Standard certificates became the “new kids on the block” for teacher licensure.  Norms for each endorsement were adopted and standards were set for basic and standard teaching certificates.  Until 1965, the regulations stated:

 

“Every teacher who serves either as a substitute teacher or as a regular teach on either a full or part time basis in the public schools of Oregon must hold a valid Oregon certificate.” [Oregon Rules and Regulations Governing the Certification of Teachers1958-1959, at p. 5.]

 

Then in 1965, the following language appeared in the regulations:

 

ASSIGNMENT OF STAFF

 

            …The administrator of each school district shall by October 31 of each school year report to the Division of Administrative Services in the State Department of Education on forms provided for that purpose the type of certificate held by each professional staff member employed in his district for that school year, the area or areas of specialized preparation in which the staff member has met the norm (endorsement) as established by the State Board of Education, and the staff member’s assignment.

            The administrator of a school district who, because of the size of his school, a scheduling problem, or the inavailability (sic) of properly qualified staff finds it necessary to give regularly certificated staff members assignment for which they do not meet the requirements of the appropriate norm, (endorsement) shall, in making such assignments be prepared to provide reasonable justification for the assignments to the superintendent of the intermediate education district and to the State Department of Education, and indicate his plan for correcting the situation.  Such assignments shall be considered an emergency and temporary in nature.

            Administrators should also note the recommendations in the school standards approved by the State Board of Education on employment of staff. [Oregon Rules Certification of Public School Teachers, Educational specialists, and Administrators, 1965-1967, at pp. 28-29.]

 

In 1973, the Teacher Standards and Practices Commission was created by the Legislature independent of the Oregon Department of Education.  [The commissioners were appointed by the State Board of Education until 1979.]

 

The first set of “official” commission rules, published late in 1974 and effective January 1, 1975, was silent with regard to “assignment” of certificated staff.

 

1977-1981:  Effective January 1, 1977, the “Rules for Certification” contained two new provisions titled:  Serving Without Proper Certification (584-36-355, now 584-050-0030) and Registration of Certificates; Misassignments (584-036-360).

 

The rule said in summary that districts and IED’s (now ESD’s) must ensure that personnel serving in certificated positions, including substitute teachers must “hold valid certificates appropriate to their assignments on the date employment begins.”  Additionally, school districts and IEDs were required to maintain records in the same manner described in the rules in 1969.  (See, indented paragraph above.)  Then the rule goes on to say:

 

…Misassignment is assignment of a certificated person to a position for which he or she does not hold the required endorsement.  Misassignments are appropriate only as an emergency measure and shall be temporary in nature.  Districts which employ non-certificated teachers or administrators or which misassigns certificated teachers or administrator shall forfeit instate basic school support funds due the district the amount of the salary paid to such persons…

 

The rule also required that misassignments must be reported to the Commission by October 15th, or six weeks after the contract began.  The report must include the justification for the misassignment and a plan for correcting the situation, both of which are satisfactory to the Commission.  The Commission was required to consider the demographics of the district, the size of the school and the availability of certificated personnel and the interests of the students and public.  Upon review of those facts, the Commission could issue discretionary permission to continue in the misassignment without further academic preparation.  If the Commission did not waive further preparation, staff could continue in the misassignment upon evidence of 12 quarter hours of college preparation per year until appropriately certified.  [Oregon Teacher Standards and Practices Commission Rules for Certification, 1977, p. 87.]

 

1981:  In 1981, a new rule was adopted that was substantially similar to the previous rule and said in pertinent part:

ü      Misassignment was only a temporary and emergency measure;

ü      Must be reported by October 15, or six weeks after the contract begins;

ü      Required the district to submit justification to the commission and the commission could require:  forfeiture of basic school support, district to submit corrective plan; additional preparation for the educator.

            Regardless of the course of action, it all had to be approved by the Commission.  (OAR 584-5-055.)

 

1982-1990:  In 1982 substantial changes were made to the rule:

ü      Only if the assignment was more than two periods (50 minutes in length) outside of the teacher’s certification would the district be required to report the misassignment to the Commission.

ü      Districts were required to report all misassignments that violated the “two period” rule seeking reassurance from the Executive Secretary that the misassignment was “justified.”

ü      If the misassignment needed to be longer than one year, an Emergency Certificate was required in all areas (teaching, administration, personnel specialists) and was contingent upon the educator having obtained 9 quarter hours of preparation in the subject-matter being taught.

ü      The Executive Secretary was authorized to waive additional preparation if the district and school demographics warranted and the teacher held two or more endorsements appropriate for her assignment. 

ü      Misassignment reports were due to the Commission by October 15th or six week after service on the contract begins, whichever is later.

 

1990-1999:  In 1990, more changes were made:

ü      Misassignments still needed to be submitted by October 15 or six weeks after work began;

ü      Misassignments of two periods or less did not require submission of a corrective plan;

ü      If more than two periods, corrective plan required to be filed in 1st year, if approved by the Executive Secretary, the assignment could continue for the remainder of the year; (In 1999, for one year a mentor was required for all misassignments in the first year.)

ü      An Emergency Certificate was required if the misassignment (outside the two periods) was required for a second year provided the educator had completed 9 quarter hours pertinent to the endorsed area outside the certification;

ü      Districts were prohibited from further misassigning and educator for whom a corrective action was not completed.

ü      Executive Secretary could waive further preparation for small districts;

ü      District must forfeit basic school support if continued into second year without an Emergency Certificate.

 

Note:  Up to this time, districts were required to make an annual report to the commission and no one was expected to teach out of field more than two years unless it was a very exceptional case.  Additionally, an emergency teaching license was expected in the second year of the assignment.

 

2000-2005:  The following rule was adopted effective September 1, 2000:

ü      Upon filing a correct application, a qualified applicant shall be “granted” a Conditional Assignment Permit for teaching.  This temporary “supplemental” permit is issued for three years and is not renewable.  It is valid to teach in subject areas or grade levels not on the educator’s license.

ü      The CAP was required for:

o       Teaching in grade levels not authorized on the educator’s license;

o       More than 10 hours in a subject (on grade level) not on the educator’s license;

o       Teaching more than one unendorsed subject.

ü      The CAP was “restricted” to use in that district only.

ü      The requirement to hold ONLY a “renewable” “regular” license makes its first appearance;

ü      The teacher must apply for the CAP by October 31 or within six weeks after the assignment first began.

ü      The employer as “co-applicant” had to provide a mentor and attest that circumstances prevented hiring a suitable licensed teacher.

ü      After three years, no further assignment in the misassigned area is allowed without the endorsement or grade-level authorization.

 

New:  Waivers on Rules on Assignment (584-060-0120):  (became known as the “small schools exception,” (See, agenda item 3.2b.)

 

(1) If the Commission deems that the demographic characteristics of the district, the size of the student body, the number of licensed personnel, and the educational practices of the school warrant, the district may be granted a three year case-specific waiver of rules on assignment for licensure level and/or endorsement. The Commission shall grant a waiver only when it clearly serves the interests of the school district and students.

(2) The Commission shall monitor all waivers granted under section (1) of this rules and shall receive periodic reports on such waivers.

 

The “small schools waiver” rule resulted in some school districts receiving a “permanent” waiver of rules on licensure assignment.

 

2005 – Small School “Waivers” were abolished.

 

In 2005, the practice of extending permanent waivers was abolished, as was the consideration of district size as a justification for “unlimited” misassignments. The Commission at the time felt that all educators should be required to meet licensure requirements regardless of the size of the district.

 

2007 – Present:  In 2007, the current rule on conditional assignments was filed.