1000
1100 AUTHORITY
The Teacher Standards and Practices
Commission was created by the Oregon Legislative Assembly in 1965 to advise the
Oregon Board of Education on licensure, education and performance of teachers,
and other matters on which the Board requested assistance. In 1973, the Legislative Assembly, created a
new state agency and transferred to the Commission full
responsibility for teacher educator licensure,
teacher
education licensure preparation programseducation,
and maintenance of professional standards of conduct. In 1979,
authority for appointment of Commission members was moved from the Oregon State
Board to Education to the Governor. The Commission's responsibilities apply to licensure
and charter school registrations for teachers and administrators,
licensure , personnelfor
personnel service specialists, [school counselors and school
psychologists;] administrators, and certification
for school nurses employed by Oregon public schools, preprimary
through grade 12., and toto the
Commission’s responsibilities also apply to the Oregon University
System institutions and independent colleges and universities in the state that
prepare licensed educators. The Commission is also responsible for the
registration of non-licensed teachers and administrators employed in Oregon
Public Charter Schools.
The Commission is authorized by statute
to:
1101 Approve teacher education programs which meet the standards established by the Commission.
Ref: ORS 342.147
1102 Issue, reinstate, renew, and deny teaching, personnel
specialist, and administrator licenses or charter
school registrations, and school nurse licenses certificates
subject to applicable statutes and rules established by the Legislature
and the Commission. and
register charter school educators.
Ref: ORS 342.125 and 342.475
1103 Establish and collect licensure evaluation,
late application, and fingerprint fees.
Ref:
ORS 342.127 and 342.465
1104 Take
disciplinary action against teachers, personnel specialists, school nurses, or
administrators found to be unfit to serve as educators or negligent in
professional duties through any of the following means: reprimand, probation, suspension of license,
or revocation of license. Additionally, until June 30, 2012, the Commission
is authorized to issue private letters of reproval.
Ref:
ORS 342.175 through 342.190.
1105 Appoint
an executive director and subject to Oregon Revised Statutes and Administrative
Rules—employ persons to provide such services, as the Commission shall require.
Ref:
ORS 342.410
1106 Hold
meetings to conduct the Commission’s business.
Ref:
ORS 342.390
1107 Suspend teaching licenses if educators resign their position
without first providing 60 days written notice.
Ref: ORS 342.553
1108 Determine
the amount of forfeiture from a school district's state school fund allocation
if the district employs, without adequate justification, a teacher or
administrator not properly licensed and assigned.
Ref:
ORS 342.173
1200 RESPONSIBILITY
TO REPRESENT PUBLIC INTERESTS
In establishing rules, the Commission is
required to consider information from nine sources, to include the
State Board of Education, the Superintendent of Public Instruction, the public,
teacher education institutions, public schools, and such factors as the supply
of teachers and geographic and demographic conditions in the state.
Ref:
ORS 342.165
1300 VISION AND MISSION
STATEMENTS
Vision
Statement: The Teacher Standards and Practices Commission will lead the
nation in setting and maintaining high standards for educators.
Mission
Statement: To establish, uphold and
enforce professional standards of excellence and communicate those standards to
the public and educators for the benefit of Oregon’s students.
The Teacher
Standards and Practices Commission ensures that every student in Oregon is
taught by caring, competent and ethical educators.
1400 CORE VALUES
AND BELIEFS
The
Teacher Standards and Practices Commissioners will:
·
Anticipate
future educational challenges and take appropriate action prior to their
emergence as critical issues.
·
Assume
the leadership role for decision-making.
·
Be
objective and timely in the resolution of licensee discipline cases.
·
Build
internal and external partnerships to better accomplish the stated TSPC
mission, vision and goals.
·
Commit
to and model the principles of collaboration and continual improvement.
·
Demonstrate
quality in processes, products and personal interactions.
·
Focus on
results and on creating added value.
·
Give
timely and flexible responses to customer needs.
·
Maintain
essential inter-relatedness to other organizations while preserving TSPC’s
independence.
·
Make
decisions based on best practices, measurement, information, data and analysis.
·
Manage
for innovation and focus toward the future.
·
Nurture
an organizational culture that rewards excellent employee performance.
·
Provide
informed and authoritative guidance.
·
Set
and communicate high expectations.
·
Uniformly
exceed constituents’ expectations through an emphasis on customer service.
·
Welcome
increasing diversity, embrace continuous change and effectively work with
accelerating complexity.
1500 GOALS
·Maintain and enhance Oregon
educator professional standards of excellence.
·Mobilize stakeholders to
achieve professional standards of excellence.
·Provide high quality services
to all stakeholders.
·Maintain and develop clear,
concise and easy to understand rules.
·Build awareness of
professional conduct requirements.
·Build awareness of licensure
requirements.
·Develop
cultural competency action plan for educator preparation and licensure renewal.
2000
ORGANIZATION
2100 MEMBERSHIP
AND QUALIFICATIONS
TSPC consists of 17 members appointed by
the Governor and confirmed by the Senate.
Pursuant to Oregon Revised Statutes, twelve members are selected as
follows: four elementary teachers, four junior or senior high school teachers,
one elementary school administrator, one junior or senior high school
administrator, one superintendent of city schools, and one county
superintendent or a superintendent employed by an education service
district. Two members represent approved
teacher education institutions in
Ref:
ORS 342.340, 342.350,
and 342.360
2110 Terms of Appointment
2111 The
term of office of a member is three years.
Terms begin on January 1. A
member is eligible for reappointment, as are members appointed to fill
unexpired terms. Appointments are
limited to two terms. If appointed to
complete an unexpired term of a previous commission member, the completion of
the unexpired term does not count as the newly appointed commission member’s
first term.
Ref:
ORS 342.350
2112 If
a change in employment makes a commissioner no longer eligible based on the
position for which they were appointed, the commissioner must be replaced by a
representative from that segment of education. Such positions are declared vacant 60 days following the member's
change in status.
Ref:
ORS 342.350
2113 In
case of a vacancy for any cause, the Governor makes an appointment for the
balance of the unexpired term.
Ref:
ORS 342.350
2114 Appointments
to TSPC are subject to confirmation by the Senate. The Governor's appointee may appear before a
Senate committee which may conduct an interview. The appointment is not official until Senate
confirmation has been obtained and the Commissioner completes the Oath of
Office.
Ref:
ORS 342.350
2115 An
appointee becomes an official member of TSPC only after the Oath of Office has
been administered by the Governor, or the Governor's designee, and the record
of the oath has been filed in the Secretary of State's Office. Commissioners may not take any official
actions until sworn into office.
2120 Commission Role in Appointments
2121 TSPC
assists the Governor as requested in making appointments that serve the public
interest.
2122 TSPC
endeavors to assist the Governor in obtaining nominations of high quality, and
promotes the nomination of qualified candidates. Individual Commissioners assist by informing
colleagues and professional organizations of the appointment process.
2123 Commissioners
may individually endorse the appointment or reappointment of nominees by
contacting the Governor. TSPC does not,
however, take a position regarding the appointment of Commissioners.
2130 Orientation of New Members
2131 TSPC
assists new members to understand the Commission's functions, policies, and
procedures before taking office.
2132 Each
appointee is given selected material for orientation to the work of the
Commission.
2133 Prior
to taking office, new Commissioners are invited to attend Commission meetings
and to participate in discussions.
2134 The Executive Director supplies materials pertinent to
meetings and explains them.
2140 Authority of Individual Members
The Commissioners have authority only
when acting as a Commission legally in session.
TSPC cannot be bound by any statements or actions of individual members
pursuant to instructions or policies of the Commission. Commissioners should exercise
caution when speaking to others regarding Commission business, policies and
practices unless specifically authorized by the Commission as a whole.
2150 Removal of a Commissioner
The office of a Commissioner is vacated
by statute if the member ceases to possess the qualifications required for
appointment. In addition, the Governor
has the power to remove from office any Commissioner at any time for continued
neglect of duties required by law, for failure to attend two consecutive
meetings of the Commission without just cause, for incompetence, or for
unprofessional or dishonorable conduct.
Ref:
ORS 342.350
2200 OFFICERS AND
MEMBERS OF THE COMMISSION’S EXECUTIVE COMMITTEE
2201 At
the last meeting of the calendar year, TSPC elects a Chairperson, Vice
Chairperson, and two Executive Committee members. The Executive Committee consists of these
four officers, plus the immediate past Chairperson if still a member of the
Commission. If the past Chairperson is
not returning or chooses not to remain on the Executive Committee, the
Commission elects a third Executive Committee member. All officers are voting
members of the Executive Committee.
Ref:
ORS 342.380
2202 Officers
and
the Executive Committee members shall serve for one year
commencing January 1. If the chair is
permanently vacated for any reason, the Commission elects a new Chairperson to
serve the remainder of the term.
2203 Chairpersons
of Commission standing committees who are not otherwise officers of the
Commission’s Executive Committee shall serve as nonvoting
members of the Executive Committee.
2210 Election of Officers
2211 Election
of officers is an agenda item at the last regularly scheduled meeting of the calendar
year.
2212 Nominations
are proposed by a three-member nominating committee appointed by the
Chairperson. The nominating committee is
named at the next-to-last regularly scheduled meeting of the calendar year.
2213 The
slate of nominees for officers is published as a part of the agenda.
2214 Nominations
from the floor are in order.
2215 In
all cases consent for nomination must be secured from the nominee.
2216 Voting
shall occur in the following order:
Chair, vice chair, executive committee.
Nominees who are not elected to one position, may elect to run for
another position not yet voted on.
2217 Voting for the election of officers is
conducted in public session.
2220 Duties of the Chairperson
2221 Presides
at all regular and special meetings of the Commission.
2222 Calls
and chairs all meetings of the Executive Committee.
2223 Determines
agenda items for each meeting in consultation with the Executive Director. (See, 3520)
Ref: 5213
22242225 Appoints chairpersons and members of
all internal
standing committees, after
consultation with the Executive Committee.
Ref:
2332
2225 6 Identifies
the
internal standing committees, their terms,
membership, and functions following consultation with the Executive Committee
and the Executive Director. Committee
appointments terminate upon expiration of the appointing chairperson's term.
2226 7 Performs
such duties as are assigned by the Commission as well as those customarily
delegated to the office of the Chairperson.
2227 8 Directs
the Executive Director.
2228 Appoints a Commissioner to serve as Parliamentarian who
advises the Chairperson on parliamentary matters.
2229
Serves as hearing officer for
the commission for public hearings on administrative rules. May appoint others to serve in this role if
appropriate.
Ref:
3542
2230 Duties of the Vice Chairperson
2231 Performs
the duties of the Chair in the absence of the Chairperson or in the event of
the Chairperson's temporary inability to act.
2232 Discharges
such responsibilities as the Commission or Executive Committee assigns.
2233 Serves
as Parliamentarian for Commission meetings and advises the Chairperson on
parliamentary matters.
2240 Removal of Officers
Officers may be removed from office for
cause by a two-thirds vote of the Commission when conducted in accordance with
3520.
2300 COMMITTEES
All committees of the Commission meet in
public session except for unless the matter under
consideration must be considered in executive sessions. Executive sessions of committees are limited to
consideration of investigation reports and proposed orders pertaining to the
discipline of educators, review of attorney-client information in anticipation
of a law suit, and evaluation of the Executive Director of the Commissionare
governed by ORS Chapter 192.
Any final action must be taken in a public
meeting, and must be reported in the minutes of the committee.
Ref: ORS 342.176 and 192.660
2310 Duties of the Executive Committee
2311 Reviews
and recommends to the Commission appropriate action concerning past and present
programs. Priorities of the Commission
are established by the Commission as a whole.
2312 Determines
prior to the first meeting of the calendar year, the meeting dates and
locations for July through June meetings of the following year. In setting the meeting sites, the committee
endeavors to select locations which minimize the expenditure of resources.
2313 At
the call of the Chairperson, reviews the agenda for each regularly scheduled
meeting of the Commission.
2314 Reviews and presents the proposed budget to the Commission
for [its] approval.
2315 Reviews and recommends to the Commission the expenditure
plans for all internal standing and temporary committees. Approval granted by the Commission results in
encumbrance of necessary funds.
2316 Considers
and takes appropriate action, approves the claim, denies the claim, or refers
the claim to the Commission, on expenditures brought before the Executive
Committee by the Executive Director.
2317 4 Presents
a report to the Commission at least annually on the performance of the
Executive Director, and submits recommendations on the contract status of the
Executive Director. The evaluation of
the Executive Director's performance is conducted under Policy 3670.
2320 Executive Committee Meetings
2321 The
Executive Committee meets at the call of the Chairperson or at the request to
the Chairperson from two members of the Executive Committee. Notice of the meeting must be distributed to
Executive Committee members at least 24 hours prior to the meeting. The notice must include the meeting date,
time, and place, and must identify the agenda.
2322 Three
members of the Executive Committee constitute a quorum.
2323 Generally,
Executive Committee meetings will coincide with regularly scheduled Commission
meetings to save time and money.
2330 Standing Internal Committees
2331 Standing
committees are composed entirely of Commission members.
2332 The
Chairperson, following consultation with the Executive Committee and the
Executive Director, for the year in which the member serves as Chairperson,
appoints all standing committees, if any, and establishes the committees'
functions.
2333 No
individual member, and no group composed of less than the full membership of
the Commission, may be designated as a permanent committee to perform any of
the Commission's functions.
2334 A
majority of the members of the committee constitutes a quorum.
2340 Temporary Internal Committees
2341 At the Chairperson’s, discretion or at
the request of the Commission, the Executive Committee, or the Executive
Director shall appoint temporary internal committees for special
purposes. At the time of appointment,
the Chairperson must identify a temporary committee's responsibility, determine
the committee’s limits of time, and set other constraints deemed
appropriate. Such temporary committees
are discharged upon completion of their assignments.
2342 A
majority of the members of the committee constitute a quorum.
2350 External Committees
2351 External
committees are composed of non-members of the Commission; but may also include
commissioners if they so choose.
2352 To
expedite the Commission's work, the Commission or the Executive Director may
seek the assistance of educators and other citizens in proposing solutions to
educational, financial, and other policy issues which fall within the
Commission's area of authority and responsibility. In all cases the committees are advisory to
the Commission which serves as final decision maker.
2353 External
committees are created, modified, and discharged by formal action of the
Commission as recorded in the minutes.
The creating action in each case states specifically the limits of the
assignment.
2354 Appointments
to external committees are made by the Commission, the Chairperson or the Executive
Director primarily on the basis of experience, interest, and ability. In making appointments, the Commission or the
Executive Director attempts to obtain equitable representation from recognized
categories of the profession including but not limited to students preparing
for licensure, teacher educators, teachers, administrators and when appropriate
from other stakeholders.
2355 In
organizing an external committee, the Commission identifies the committee's
authority, functions, constraints, and term of appointment. The work of an external committee is
generally limited to a specific activity within a short time schedule. If the work of a committee is to be of longer
duration, members may be appointed for over-lapping terms.
2356 The
Executive Director, a staff member or other designee appointed by the Executive
Director serves as a consultant to each external committee.
2357 Members
of external committees may be reimbursed for actual and necessary travel, food,
and lodging at the established state rates when attending regularly convened
committee meetings or when on approved official committee business if in accordance with the rules and policies
established by the Department of Administrative Services (DAS). The Commission prior to the appointment of
the external committee determines the procedures for reimbursement of expenses.
2400 EMPLOYEES OF
THE COMMISSION
2401 The
Commission appoints a qualified person as Executive Director and may, subject
to Oregon Revised Statutes and applicable administrative rules, employ persons
to provide such service as the Commission shall require.
2402 The
Executive Director; the Executive Administrative Assistant/Director of Professional
Practices; the Coordinator
Director of Teacher Education/Deputy
Director; and the Coordinator
Director of Teacher Licensure are
in the unclassified service.
Ref:
ORS 240.205 and 342.410
3000
OPERATIONS
Commission procedures must conform to the
Public Meetings Law and the Public Records Law.
A guide to such conformance is the Attorney General's Public Meetings
and Records Manual.
3100 TYPES OF
MEETINGS
3101 Regular
meetings are those established by the Executive Committee and to which both
public and press are invited. During
regular meetings, provisions are made in the agenda to hear from the floormeeting
attendees.
3102 the
Executive Committee reviews the format
and procedures for the meetings annually and makes revisions
if necessary.
Ref:
2312
3102 Special
meetings are called upon written notice issued by the Chairperson or Executive
Director, or when requested by nine members of the Commission. Notice of the meeting must be issued at least
24 hours before it’s conveningthe meeting is set to convene. Special meetings are conducted in the same
manner as regular meetings.
3103 The
Commission may convene by telephone conference call or telecommunication
conference and may vote by mail, electronic mail, facsimile transmission, or
other technological means. Notice of intent to meet or take action using one of
these technologies must be issued at least 24 hoursone hour
before convening the meeting or taking the vote.
3104 Executive
(non-public) sessions are held to consider investigation reports and
proposed orders pertaining to the discipline of educators, review of
attorney-client information, and evaluation of the Executive Director of the
Commissionmatters allowed by law in Chapter ORS 192. Prior to adjourning from a regular or special
meeting to executive session, the Chairperson reads into the record the
authority and reason for the session.
The Commission cannot take final action or make any final decision while
in executive session, with exception of decisions to dismiss complaints or to
formally charge educators following preliminary investigations of complaints in
accordance with 8332. All
other matters shall be considered as part of a public regular or special
meeting.
Ref: ORS 192.660(1)(f) and (h), 342.176, and 8332
3105 Committee
meetings are public except for executive sessions to consider investigation
reports and proposed orders pertaining to the discipline of educators, review
of attorney-client information, and evaluation of the Executive Director of the
Commission.
Ref:
2300
3106 The
Discipline Committee meets in Executive Session to consider contested cases and
to discuss items as referenced in ORS 342.176.
Ref: ORS 342.176
3200 HEARINGS
3201 Public
hearings are meetings scheduled and publicized for the purpose of providing the
public an opportunity to be heard on specific topics.
3202 Contested
case hearings are held in accordance with statutes and rules relating to the Office
of Administrative Hearings established under section 3, chapter 849, Oregon
Laws 1999, to conduct contested case hearings. The order proposed
by the Administrative Law Judge is advisory to the Commission. A final order resulting from a hearing must
be adopted in a public session at a regular or special meeting.
Ref:
ORS 183.310 to 183.500, 192.690
and Chapter 849
3203 Disciplinary
hearings concerning revocation or suspension of a license or
the issuing of a reprimand are private unless the educator
requests a public hearing.
Ref:
ORS 342.175 through 342.190
3300 TIME AND
PLACE OF MEETINGS
3301 By
law, the Commission must meet at least once every six months at a place, day,
and hour determined by the Commission.
The Commission may meet at other times and places at the call of the
Chairperson or a majority of the members of the Commission.
3302 The
Commission meets on a regular basis at places and times determined by the Executive
Committee.
Ref:
2312
3400 NOTIFICATION
FOR MEETING
The date and place of the next regularly
scheduled meeting of the Commission is listed on the agenda of the preceding
meeting. Seven days before a
forth-coming meeting an agenda, supporting materials, recommended actions when
applicable, and a statement of the date, time, and place are mailed to each
member by the Executive Director. Copies
of the agenda are mailedmade available
to the persons, organizations, or publications identified in the Commission's
"Agency Notice Rule."
Ref:
3520
3500 MEETINGS
IN-SESSION
3510 Quorum
3511 Nine
members of the Commission constitute a quorum for the transaction of business
at a regular or special meeting.
3512 Three
members of the Executive Committee constitute a quorum for transaction of
business at an Executive Committee meeting.
3513 One member in excess of one‑half
the members
number of standing or temporary committees committee
members constitutes a quorum for transaction of business.
3520 Agenda
3521 The
Executive Director, in cooperation with the Chairperson, prepares the agenda
for Commission meetings. Agendas are sent made
available to all persons and organizations on TSPC's notice rule.
3522 The
Chairperson and Executive Director may identify items to be adopted by single
consent motion. These items are listed
under the agenda heading entitled "Consent Agenda." Following the heading, an explanation of the
practices states:
"The
Executive Director recommends adoption by single consent motion the following
listed items which are identified on the agenda by a double asterisk: (listing
of items). Any of these items may be
removed from the consent agenda upon request of any Commissioner.”
3523 Requests
for action by the Commission must be submitted in writing to the Executive
Director 15 30 days prior to
the meeting. Items submitted after this
deadline are accepted at the Executive Director’s discretion. Such items are reviewed by the Executive Director
and, if appropriate, are placed on the agenda with the Chairperson’s
approval.
3524 Members
wishing to have information or discussion items added to the agenda must inform
the Executive Director at least 15 30 days in
advance of the preparation of the agenda.
When the meeting convenes, additional agenda items may be accepted for
discussion only upon approval of a majority of members present. Addition of items which require action must be
approved by 12 Commissioners to be considered.
Ref: 3534
3525 Each
agenda item on which action is required by the Commission has a statement of
recommended action as proposed by a committee of the Commission charged with
that function, by a member of the Commission, or by the Executive Director.
Ref:
3522 and 3531
3530 Resolutions: Acceptance, Adoption
3531 The
Commission normally takes formal action to accept reports or recommendations or
to adopt resolutions.
3532 An
accepted report or recommendation is treated as information only; no action
further is required. An adopted
resolution becomes a procedure, rule or
action thereupon to be executed by the Commission or designated TSPC
staff.
3533 Printed
resolutions are considered motions and are first open for discussion by
Commissioners. The Chairperson then solicits
comments from staff and the audience before final comments from Commissioners.Members of
the public may testify on resolutions under consideration by the Commission.
3534 After
consideration of an information or discussion item, the Commission may propose
formal action; if accepted, intent to adopt at a following meeting is
assumed. Items thus accepted are entered
in the minutes as proposed resolutions for consideration at future meetings.
3540 Parliamentary Procedure
3541 Robert's
Rules of Order, Newly Revised are accepted as the parliamentary authority,
subject to any special rules adopted by the Commission.
3542 In the
event the Vice-Chair is not present, Aa Commissioner is appointed by
the Chairperson to serves as parliamentarian.
and
advises the Chairperson on matters of procedure.
Ref: 2228
3543 Appeals
to the Chairperson with respect to rulings by the presiding officer are
resolved in accordance with Roberts Rules of Order, Newly Revised.
Ref: 3434, 3541
3550 Voting
3551 Adoption,
amendment, suspension, or revocation of Commission policies or rules, when
identified as action items on the printed agenda, requires a majority of those
voting, a quorum being present, but shall require a minimum of five affirmative
votes.
3552 It
is the duty of every Commission member to declare any potential or actual
conflict of interest before voting.
3553 Voting
is public, all Commissioners must vote unless a potential or
actual conflict is declared, and votes are recorded for the
minutes.
Ref: 3572
3554 Any
member may abstain from voting. The
minutes shall show abstentions.
3560 Audience Participation at Meetings
3561 Persons
or groups requesting to appear before the Commission are given a reasonable
opportunity to do so. Participants are
encouraged to communicate with the Chairperson or Executive Director at least
15 days prior to the meeting date in order that the item for discussion and an
appropriate amount of time may be included in the agenda. Printed materials in connection with the
appearance should be provided to the Commissioners at least seven days prior to
the meeting date. Such materials may be
mailed as part of the agenda materials or sent directly to each member and to
the Executive Director.will be given the opportunity
to formally testify on any agenda item calling for Commission action at that
meeting.
3562 Participants
who appear at the meeting and wish to speak are requested to sign the register
and indicate the topic to be discussed.
The Chairperson may limit the length of presentations or terminate
repetitious or immaterial presentations.
3563 Members of the audience may be afforded an opportunity to
speak on each agenda item.
Ref. 3533
3570 Minutes
3571 Minutes of the Commission contain specific statements of
actions. The minutes may also include
brief summaries of important points discussed prior to taking action. At the meeting, Commissioners may read into
the record a specific statement. This
statement may also be submitted in writing to the Chairperson.
3572 The
minutes report the voting on each motion.
Names
of those voting against the motion and of those abstaining from voting are
listed. In some instances for clarity,
the minutes may list the names of those voting in favor of the motion. The minutes shall include the following
general explanation:
"On action items,
names are recorded for those voting against the motion and for those absent or
abstaining from voting. Those members
not recorded as absent, opposed, or abstaining voted in favor of the respective
motion."
3573 The
minutes will follow the numbering sequence of
the printed agenda.
3574 Minutes
are to be sent to Commissioners for reading, editing, and correction prior to
the subsequent meeting. At the
subsequent meeting a vote is taken for approval of the minutes as written and
corrected of the previous meeting.
3575 Minutes are
sent to the other persons, agencies, and organizations identified in the
Commission "Agency Notice Rule."
In addition, minutes are available to all other citizens on
request. The Commission may assess an
"at cost" fee for providing minutes to citizens who request a large
number of minutes or the materials on regular basis. Minutes are available at no cost
on the TSPC Web site.
Ref:
ORS 584-001-0000 and 584-001-0015
3600 PROCEDURES
Procedures identified in this Handbook
are adopted by the Commission as a means of guiding actions and of carrying out
the Commission’s decisions. Procedures
differ from administrative rules which bear on discipline, program approval,
licensure and which have the effect of law.
3610 Formulating Procedures
After discussion has revealed
the sentiment of the Commission regarding a proposed procedure or change of a
procedure, the Executive Director shall be instructed to prepare the proposed
procedure and resolution and if the Executive Director or the Chairperson deems
it necessary, prepare a staff report on the implications of the procedure.
36203610 Adopting Procedures
A proposed procedure is not voted on at
the first meeting at which it is discussed unless extraordinary circumstances
require immediate action as recognized by an affirmative vote of at least 12
Commissioners (see 3534). Adoption of a
procedure is accomplished by majority vote of members at the next regular or
special meeting. Upon adoption, a
procedure is recorded in the minutes of the meeting and subsequently added to
the TSPC Handbook.
36303620 Changing Procedures As a Result of
Administrative Rules
Adoption of new or revised administrative
rules, without further action on the part of the Commission, amends the
procedures in the Handbook for Commissioners.
36403630 Amendment, Suspension, and Repeal of
Procedures
Procedures of the Commission may be
amended, suspended, or repealed by a majority vote of the Commission at a
regular or special meeting provided the proposed action has been scheduled on
the agenda. Procedures must conform to
the requirements for acceptance and adoption as set forth in other sections of
the Commission's Handbook.
36503640 Execution of Procedures
The Commission determines priorities and
sets procedures for implementing policies.
Priorities and procedures are only official once adopted by TSPC and
recorded in the minutes. The Commission
delegates to the Executive Director the authority to determine the specific
procedures to be employed achieving directives of the Commission.
36603650 Advice on Rule, Policy, or Procedure
Formulation
36613651 The Commission accepts the principle that
those affected by Commission policies should be involved in the formulation of
those policies. Thus the Commission
shall solicit the advice and assistance of interested parties in fulfilling the
Commission’s responsibilities, although the Commission alone serves as the
final policy maker.
3662 The
Commission also shall solicit the advice of the State Board of Education prior
to the adoption, amendment, or repeal of any administrative rule.
Ref:
ORS 342.165
36633662 Commission rules, policies and procedures
shall adhere to a standard of broad benefit to the profession and to the
children of Oregon in favor of benefit to special interests.
3664 Commission
requirements shall balance flexibility with simplicity.
3665 Commission
requirements shall become effective on the date established by the Commission.
36703660 Review of Procedures and Priorities
36713661 Prior to the last meeting of
the calendar year,As needed, the Commission will reviews, and
if
appropriate, revises the handbook.
3672 Revision of procedures may occur at other
times in accordance with 3620.
36733662 Proposed priorities for the
forthcoming year are presented for consideration at the summer meeting. Action to adopt revised priorities is scheduled
for the last regular meeting of the calendar year for inclusion in the
Handbook.
36743663 Revisions of priorities may occur
at other times in accordance with 3620.
36803670 Evaluation of the Executive Director
and the Commission
36813671 If indicated by the
Executive Committee, Eeach January the
Executive Director shall present a Professional Growth Plan including long-term and
short-term goals. for the calendar year. The Professional Growth Plan shall be based
upon the evaluation of the Director by the Executive Committee in the previous
year, the recommendations of the Commissioner appointed to evaluate the
Executive Director in the current year, and activities suggested by the
Executive Director. The Professional
Growth Plan will consist of 3-5 goals including 1-2 short-term goals, 1-2
long-term goals (2-5 years duration), and one personal professional growth
goal. The professional growth plan will
include expected deliverables (reports, products, certificates of completion,
etc) and timelines for accomplishment of goals.
36823672 The Executive Director will report in
writing to the Commission in the Spring and the last regular meeting of the
calendar year under the agenda item entitled, "Executive Director's
Report" on progress in meeting the adopted goals. The Executive Committee monitors the
Executive Director's advancements and confers with the Executive Director on
the progress in meeting the criteria. If
the Executive Committee is concerned with the progress or accomplishments, it informs
the Executive Director in writing of the concerns.
36833673 The Executive Committee shall evaluate
the Executive Director prior to or during
the last meeting of the calendar yearannually. The Committee shall consider the performance
of duties stated in the TSPC Handbook, (section 5200) and the achievement of
goals for the Executive Director adopted by the Commission at a regularly
scheduled meeting.
36843674 Prior to the last regular meeting of
the calendar year, the Executive Committee convenes in executive session to
discuss the Committee's findings with the Executive Director.
36853675 As a part of the last regular meeting
of the calendar year, the Executive Committee shall report the findings to the
full Commission in Executive Session and may recommend amendments to the
assigned duties or proposed professional growth goals for the ensuing year(s).
3676 In public session at this meeting, the
Commission considers and takes action on the contract of the Executive
Director. The Commission may issue a
three-year contract as provided in Policy 5100 and may extend such contracts
annually.
3677 Prior to the last regular meeting of the
calendar year, the Chairperson (or the Chairperson's designee) solicits from
each Commissioner his or her written evaluation and suggestions relative to the
Commission's accomplishments and practices.
These responses are compiled by the Chairperson and reported as part of
the meeting agenda. The responses are
considered in proposing priorities for the next calendar year and in
identifying assignments for the Executive Director and committees of the
Commission.
3700 ADMINISTRATIVE
RULES
3701 TSPC
establishes by administrative rule standards for approval of teacher education
institutions and teacher education programs.
Ref: ORS 342
3702 TSPC
establishes administrative rules necessary for the issuance, renewal, or reinstatement,
or
for the denial, suspension, or revocation of licenses.
3703 TSPC
establishes rules for professional standards of conduct for licensed,
registered and certified educators.
3710 Reviewing
Administrative Rules
3711 Various
situations may cause TSPC to review the administrative rules. The Executive Director may
suggest modifications, or TSPC may request that the Executive Director review
rules. The Attorney General requires
that each State agency periodically, but not less frequently than once every
three years, review all rules issued by the agency. An interested person may also petition TSPC
to adopt, amend, or repeal a rule.
3712 Administrative rules are reviewed on a
periodic basis by the Executive Director who, in turn, may recommend
modifications to TSPC. In conducting
these periodic reviews the following factors are to be considered: the uses currently being made of the rule,
the continued need for the rule, the nature of complaints or comments received
concerning the rule from the public, and the effects of changing the rule. The
Executive Director reports the findings
to TSPC, together with a recommendation on whether or not to conduct a full
review of the rules. If TSPC takes
action to conduct a full review of the rules, such a review is conducted under
procedure 3760.
Ref: ORS 342.165 and OAR 137-01-085
3713 TSPC may request that the Executive
Director review rules. When so directed,
the Executive Director considers the factors listed in 3751 and reports the
findings to TSPC, together with a recommendation on whether or not to conduct a
full review of the rules. If TSPC takes
action to conduct a full review of the rules, such a review is conducted under
procedure 3760.
3714 Upon adoption of an
administrative rule, TSPC, within a reasonable time, submits the rule to the
State Board of Education. The Board may,
within 60 days, review the rule to determine if it serves the public
interest. If the Board finds that the
rule is not in the public interest, the Executive Director, upon notification
of such by the State Board, refers the matter to the Commission.
3715 Upon notice from the Board
of Education that a TSPC rule is not in the public interest, the Commission
takes up the matter at the next regular meeting.
3720 Procedures for Full Review of Rules for
Licensure or Standards for Program Approval
When TSPC determines that a specific
licensure rule or standard requires full review, the Commission:
3721 Requests the Executive Director and
others to brief TSPC the Commission on
the current status of licensure requirements and preparation programs.
3722 Seeks
recommendation from appropriate professional associations and educational
agencies.
3723 Reviews the professional literature that
applies.
3724 Analyzes the licensure and program
approval requirements in Oregon and in other states.
3725 Conducts
other activities as needed to gather information.
4000
FINANCE
4100 MEMBER’S SALARY; REIMBURSEMENT TO
4101 Commission members who are employed by
public schools or teacher education institutions receive no compensation for
service as a member, but are reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties. Commissioners who serve in the capacity of
the school board member or the two members of the general public are entitled
to an established per diem in addition to actual and necessary travel and other
expenses incurred in the performance of official duties.
Ref: 342.390 and 292.495
4102 Employers of Commission members are
informed that membership on the Commission shall not affect a member's
compensation from his or her employer or any other benefits to which the member
is entitled.
Ref: ORS 342.420
4103 A school district required to employ a
substitute for a teacher or administrator who is absent from his or her
employment while performing duties as a Commissioner is entitled to
reimbursement for the district's actual expenses in employing the substitute, not the daily costs of the employed
commissioner.
Ref: ORS 342.420
4200 BUDGET
4210 The Executive Director:
4211 Prepares TSPC's proposed budget
according to the procedures, priorities, and guidelines set by the Department
of Administrative Services and the Commission.
The proposed budget is reviewed by the Executive Committee and submitted
to TSPC
the Commission for approval.
no
later than the spring meeting of each even-numbered year.
4212 Approves and directs all purchases and
expenditures within legislative budgetary limits.
4213 Supervises and keeps records of
expenditures on a current basis in accordance with directions given by the
Department of Administrative Services Budget and Accounting Divisions.
4214 Prepares for each regular meeting of the
Commission financial statements which itemize cumulative expenses and
unobligated balances in conjunction with the approved budget.
4215 Prepares other financial statements as
directed by the Commission.
4230 Special Encumbrances
4231 The Executive Director is granted
authority to approve the encumbrance and payment for in-state travel and
related expenses of a Commissioner or
TSPC staff member. Only those
activities that show a direct relationship to TSPC's legal responsibilities are
considered for approval.
4241 Questionable
or Unapproved Claims
4241 The Executive Director refers
questionable or unapproved claims against the Commission to the Executive
Committee for consideration. The
Executive Committee may approve the claim, deny the claim, or refer the matter
to TSPC the
Commission.
4300 REIMBURSEMENT OF COMMISSIONERS FOR
EXPENSES
4301 A Commissioner receives actual and
necessary travel and other expenses incurred in the performance of official
duties. Actual receipts for meals
purchased should be submitted.
4302 TSPC The
Commission encourages members to assist in keeping expenditures to
a minimum by traveling together and holding meetings in convenient and
centralized locations.
4303 The Executive Director arranges group
lodging and meal accommodations for all regular Commission meetings. Group accommodations are paid, when possible,
by direct billing to the Commission.
Commissioners sign individual claims for their lodging and meals. State regulations permit payment only for
meals, lodging, and travel costs.
4304 Commissioners who choose not to avail
themselves of scheduled arrangements must pay for their own meals and are not
eligible for reimbursement therefore, except for reasonable exceptions approved
by the Chairperson
or Executive Committee.Executive Director.
4310 Expenses
for Regular Meetings
To assure appropriate expenditures of
TSPC funds, each Commissioner is requested to:
4311 Indicate accommodation needs to the Commission Executive
Director’s office.
4312 Assume that accommodations will be
arranged on the basis of single occupancy.
4313 Sign his or her name, indicate his or
her room number, and designate "TSPC" on all encumbrances authorized
or accepted.
4314 Request individual meal claims. Keep receipts for meals.
4315 Not claim reimbursement for tips,
personal items, or other such expenses not directly related to or required by the Commission.
4316 Pay expenditures in excess of the
Commission rate, such as accommodating a spouse, partner or family member or
fulfilling special requirements.
4317 Adhere to accepted procedures for
submitting the travel claim forms which are distributed at each meeting. Indicate place of departure, destination, and
total miles traveled (travel expenses for private cars are computed at the
prevailing State rate). Sign the voucher
and return to the Executive Director.
Claims are normally submitted to the finance office on the first working dayas quickly
as possible following a Commission meeting; processing time is
about 30 days.
4318 Assist his or her school district to
complete substitute teacher claims and return them to the TSPC office. These claims are mailed directly to each
Commissioner's school district business office.
TSPC is permitted by law to reimburse the district only for the actual
expense of employing a substitute.
5000
STAFF
5100 EXECUTIVE
DIRECTOR; EMPLOYEES
The Commission appoints an
Executive Director for a three-year term under a continuing contract, renewal
of which occurs on the first of January of each year. The Executive Director is always under a
three-year contract unless notified in writing on or before January 1 that the
contract will not be renewed. The
Executive Director is in the unclassified service.
5200 DUTIES OF
THE EXECUTIVE DIRECTOR
As chief administrative officer of the
Commission and executive head of the staff, the Executive Director is
responsible for carrying out the statutes, rules, procedures, and directives of
the Commission. In fulfilling his or her
responsibilities, the Executive Director shall:
5201 Perform
all duties necessary, including under budgetary control the contracting of
independent parties and purchasing of equipment and materials to put into
effect the rules, policies, and plans of the Commission.
5202 Advance
the priorities of the Commission and evaluate practices in order to improve the
effectiveness of the Commission in attaining objectives.
5203 Recommend
to the Commission those rules, procedures, and plans deemed necessary to
improve teacher performance, and the education
of teachers and professional standards of conduct.
5204 Maintain
a continuous study of major educational literature and of developments in
education in
5205 Conduct
such surveys and studies as the Commission shall direct and supervise the
contracting of surveys and studies conducted by other agencies.
5206 Take
appropriate action in all instances not covered by Commission procedures and
report such actions at the next regular meeting of the Commission.
5207 Attend
all regular and special meetings of the Commission.
5208 Following
consultation with the Commission, hire other staff members of staff
and office force necessary to carry on the work of the
Commission. All such employees shall be
responsible to the Executive Director.
5209 Make
such rules and regulations for and give such instructions to employees
including contracted parties as are necessary to carry out effectively the
procedures of the Commission. The
Executive Director may delegate responsibilities and assign duties, but shall
be responsible for actions of subordinates engaged in Commission work.
5210 Prepare
reports directed by the Commission and Commission committees.
5211 Serve
as liaison with educational organizations, local school districts, the State
Board of Education, and governmental organizations and agencies.
5212 Prepare
agendas and make arrangements for Commission meetings.
5213 Handle
correspondence of the Commission.
5214 The
Executive Director may substitute successful teaching or administrative
experience to satisfy requirements for formal college preparation or public
school experience required in the Rules for Licensure when it is clear that the
substitution meets the intent of the administrative rules.
Ref: OAR
584-052-0027
5214 Prepare the budget, approve and direct
all purchases and expenditures and supervise and keep records of expenditures
on a regular basis.
5300 DUTIES OF
THE COORDINATOR
DIRECTOR OF TEACHER LICENSURE
5310 The Coordinator Director of Teacher Licensure is directly responsible to
the Executive Director. The Executive
Director executively appoints the Coordinator Director who
serves in unclassified service. Under
the direction of the Executive Director the Coordinator Director of
Teacher Licensure carries out
Commission policies in executing administrative rules for licensure of
teachers, specialists, and administrators. The Coordinator Director of
Teacher Licensing shall:
5311 Manage
staff as assigned by the Executive
Director including:
¨ Plan
and assign work.
¨ Review
evaluations and correspondence on a regular basis.
¨ Develop
effective working procedures, including a staff procedure manual for accepting and denying
applications, issuing licenses, advising applicants of eligibility, and
informing applicants and school districts of administrative rules and
procedures.
5312 Interpret
administrative rules, and advise school
administrators, teachers, and higher education officials by telephone, in
person, and by letter when other members of the staff have been unable to
assist them concerning:
¨ Rules and statutes
pertaining to employment and assignment of licensed personnel.
¨ Types of licenses,
endorsements, and authorizations
required for various positions in the school districts.
¨ Eligibility for licensure.
¨ Preparation and
experience needed and acceptable to fulfill specific requirements.
¨ Complex licensure
situations.
¨ Past, present, and
proposed rules for licensure.
5313 Evaluate information and recommend
action on discretionary matters that may be granted on the part of the
Commission or when authorized by the Executive
Director. Prepare for their Commission consideration
proposed action on policy these matters
and provide additional technical information as requested. These may include requests from school districts
and applicants for special licenses, substitution of requirements, and clearance
of convictions.
5314 Establish and maintain effective working
relationships and improve communication with other educators, educational
jurisdictions, and special interest groups.
Serve as a speaker and consultant at meetings of educational organizations
and school district personnel as approved
by the Executive Director.
5315 Staff
the Licensure Committee of the Commission at all regular and special meetings.
5315 6 Perform
such other duties as assigned by the Executive Director.
5400 DUTIES OF
THE COORDINATOR
DIRECTOR OF TEACHER
EDUCATION/DEPUTY DIRECTOR
The Coordinator Director of Teacher Education is
responsible to the Executive Director and is recognized as the Executive
Director's principal assistant. In
addition, the Coordinator Director of Teacher Education
serves as the Deputy Executive Director in unclassified
service. The Executive Director
executively appoints the Coordinator.
Under the direction of the Executive Director, the Coordinator carries
out program
approval of teacher education programs. In the absence of the Executive Director, the
Deputy Director shall have authority to act on behalf of the Commission in all
matters expressly authorized by the Executive Director. The Coordinator Director of
Teacher Education/Deputy Director shall:
Ref: ORS 240.205
5401 Assist
in administering the agency and performs duties as assigned by the Executive
Director.
5402 Recruit,
select, and train site visit review committees consisting of public school
superintendents, principals, and teachers, as well as college and university
faculty and administrators.as defined by administrative
rules or Commission procedures.
Supervise on-site reviews of educator preparation programs.
5403 Work
with Deans and Directors of
Education and their faculties to improve educator preparation programs and to assure that these
programs comply with state statutes and TSPC administrative rules.
5404 Analyze
curriculum materials and course outlines submitted by the TSPCCommission-approved schools, colleges, and departments of
education in the state to assure that high quality instruction is offered to
prospective teachers in accordance with TSPC Commission standards.
5405 Serve
as TSPC liaison with and consultant to various professional organizations,
including but not limited to the Oregon Association of Colleges for Teacher
Education, the Confederation of Oregon School Administrators, Oregon
Independent Colleges Association, the Oregon Education Association and various
advisory councils established by the Department of Education or other education
related agencies.
5406 Prepare
reports and make presentations on educator
preparation and licensure to legislative committees, college faculties,
professional organizations, and State boards and commissions.
5407 Conduct studies
on validity of teacher tests and assesses the results of teacher testing in
Oregon.Coordinate adoption and administration of
educator licensure tests.
5408 Determine
appropriate means for assessing the performance of beginning teachers and
student teachers and assist districts and teacher education institutions in
applying these means.
5409 Evaluate
educational experiences mandated by statute, such as workshops on laws
prohibiting discrimination and on the requirement that educators hold a first
aid card.
5410 09 Evaluate institution annual reports and provide
summaries to the Commission.
54115410 Prepare the annual Title II report as
required by the federal Higher Education Act.
5411 Perform such other duties as
assigned by the Executive Director.
5500 DUTIES
OF THE EXECUTIVE ASSISTANT/DIRECTOR OF PROFESSIONAL PRACTICES
The Executive Assistant/Director
of Professional Practices is responsible to and is an
executive appointment of the Executive Director. Under the direction of the Executive
Director, the Executive Assistant/Director of Professional Practices
serves as the secretarysupport to the Executive
Director and the Commission and supervises the investigation
unit. The Executive Assistant/Director
of Professional Practices:
5501 Serves as secretary to the Commission
members and Executive Director.
55025501 Acts as staff liaison for the
Discipline Committee
5503 2 Attends
all regular and special meetings of the Commission. and prepares
and distributes minutes.
5504 3 Serves
as the public information officer for the Commission under the direction of the
Executive Director.
55055504 Supervises support staff to investigators.the investigation unit.
5506 Assists
the investigators on behalf of the
Executive Director.
5507 Responds
to discipline matters called to the attention of the Commission through
administrator, citizen and other reports.
5508 Issues
and publishes the orders adopted by the Commission immediately following each
Commission meeting.
5509
Coordinates and plans all major Commission meetings
and events.
5510 Perform such other duties as
assigned by the Executive Director.
6000
6100 AUTHORITY
The Commission exercises statutory
authority in approving teacher education programs by formulating and executing
standards for approval of teacher education programs.
6200 PROGRAM
APPROVAL COMMITTEE
6201 Procedures 6210 through 6215 apply
only if the Commission Chairperson appoints a Program Approval Committee to
consider new program requests and reports of on-site evaluations of programs
and to prepare recommendations for Commission consideration. In the event that a committee is not named,
the requests, site visit reports, and staff recommendations will be referred
directly to the Commission.
6210 Program Approval Membership and
Responsibilities
6211 The
Chairperson may appoint an internal standing committee identified as the
Program Approval Committee and consisting of not less than two teachers, one
administrator, and one person representing an institution of higher
education. The Committee:
6212 Meets
during regularly scheduled Commission meetings unless special meetings are
scheduled.
6213 Monitors the cycle of program evaluation
visits to Oregon institutions and considers requests for alterations of the
schedule.
6214 Analyzes reports of on-site evaluations
of teacher education programs and recommends to TSPC the continuation of
approval of such programs.
6215 Receives and analyzes proposals for new
and modified teacher education programs and makes recommendations to the
Commission regarding their approval.
6216 Monitors testing of educators required by TSPC and
makes recommendations to the Commission regarding selection, use, and passing
scores of tests.
6217 Monitors institutional annual reports.
6300 APPROVAL OF EDUCATION PROGRAMS FOR TEACHERS,
ADMINISTRATORS, AND PERSONNEL SERVICE SPECIALISTS
6301 TSPC's
Standards for Program Approval (Division 017) apply to four-year
under graduate and fifth-year graduate programs leading to initial
licensure and to graduate-level programs leading to continuing
licensureincluding programs to add endorsements or
grade-level authorizations onto licenes. The Standards for Program Approval (Division 017) also apply to five-year programs
that integrate liberal arts and professional studies throughout the five years
that lead to initial licensure.
Ref: OAR
584 Divisions 010 and 017
6302 Commission
approval is granted for up to seven years,
unless the commission agrees to a
different term, following evaluation of program objectives, philosophy,
and content, and following an on-site review by a visiting committee.
Ref: OAR 584
Divisions 010 and 017
6303 All costs of
an evaluation are borne by the institution requesting approval.
Ref: OAR
Divisions 010 and 017.
6310 Annual Reports
6311 Directors of
approved programs must file annual reports with the Commission
by July 31. Reports include changes in
curricula; name of the institution's liaison officer with TSPC; and off-campus
programs. Reports also include
institutional studies on the conditions, activities, and outcomes of the
program and changes in the professional courses. information
identified in OAR Division 10.
Ref: 584-010-0050
6400 ELIGIBILITY TO APPLY FOR PROGRAM APPROVAL
6401 A
college or university seeking program approval shall first obtain full
accreditation from the Northwest Association of Schools and Colleges and have
the proposed program reviewed by the Office of Degree Authorization, and if an
Oregon state institution, by the State Board of Higher Education.
6500 ON-SITE REVIEW OF PROPOSED OR EXISTING PROGRAMS
6501 The
Commission conducts an on-site review of each institution's approved teacher
education or other personnel development programs at least every five years.
6502 The
Coordinator of Teacher Education directs appointment of an on-site [visiting] review committee, including representation from higher education
institutions of educator preparation, administrators, and teachers. A member of the Commission may also be
appointed to the committee as a
nonvoting member. Consultant services
from Commission staff and special assistance from other agencies, including the
Department of Education, are solicited as required.
6503 Honoraria
are not permitted for team members. TSPC
may reimburse districts for the actual
costs for substitutes for teachers and administrators who serve on the committee.
6504 TSPC
charges the on-site review committee to reach and report whether program
elements meet applicable Commission rules and standards.
Ref: OAR
584-010-0010, 584-010-0020
6505 When
the visiting committee submits the report, the Executive Director prepares
proposed resolutions for consideration by the Commission in conjunction with
the visiting committee's report. The
Executive Director may:
6506 Propose
approval.
6507 Propose
approval on condition that the institution make a report or reports on a
specified date(s) indicating the program’s progress in removing deficiencies
listed in the report. Determining the
acceptability of such progress report(s) is the responsibility of the
Commission.
6508 Propose
that the program not be approved, but that students who complete their work
within a specified period of time following denial or termination of program
approval may receive conditional licensure.
6509 Propose
non-approval without conditions.
Ref: OAR
584-010-0030
6510 Commission Action Following On-Site
Review
6511 TSPC
provides the institution a copy of the Executive Director's proposed
resolutions and informs it of the time and place for consideration of the
proposed resolution by the Commission.
TSPC action on resolutions is taken in accordance with 3500.
6600 REVISION OF EXISTING PROGRAMS
6610 Revisions Resulting from Changes in
Commission Rules
6611 When the Commission, in accordance
with 3760 through 3788, changes the Rules for Licensure or the Standards for
Program Approval, institutions must submit plans for modified programs or for
elimination of obsolete programs. Such
plans must describe means by which the institution will adapt to changing
priorities in education programs.
Ref: OAR
584-010-0035
6620 Annual Program Modification Reports
6621 Institutions
must make annual reports to TSPC on all changes in approved programs. Reports on programs are due by July 31.
6625 The
Commission's staff and, if deemed appropriate by the chairperson, a committee
of Commissioners study the changes and notify the institution that the changes
constitute minor revisions permissible within the existing approved program, or
the changes constitute major revision of the program and require approval by
the TSPC. If the changes are determined
to require Commission action, additional information may be requested as
needed.
Ref: OAR
584-010-0035
6630 Major Modification of Programs
6631 If
institutions plan major modifications of approved programs, they must submit to
the Commission an application for approval of modified programs prior to
implementing the proposed changes.
Ref: OARs 584-010-0040; 584-010-0045 and 584-005-0005(67)
6640 Approval and Denial of Modified Programs
Upon completion of the
program review under 6610 through 6630, the Commission must within 90 days act
on the institution's application for approval of modified programs.
Ref: OAR
584-010-0060
6700 PROPOSED EDUCATIONAL DEVELOPMENT PROGRAMS
6701 Proposed
programs are those not previously approved by the Commission. Included are programs proposed by
institutions not previously approved for teacher, administrator, or personnel
service specialist education as well as new endorsements or off-campus programs
proposed by currently approved institutions.
Because new programs must also be reviewed by the Office of Degree
Authorization (ODA) and, if a state institution, by the Office of Academic
Affairs of the Oregon University System (OUS), colleges are permitted to
prepare proposals in a format mutually acceptable to TSPC and ODA or OUS. Data requested by TSPC which are not
incorporated in the proposal to ODA or OUS may be submitted as a supplement
when the proposal is forwarded to TSPC.
TSPC may invite comments on proposals from Oregon teacher education institutions
and other interested parties.
Ref: OAR
584-010-0055
6702 Prior to
initiating a proposed program the institution must secure TSPC approval of the
curriculum design and plans for field and practicum experiences. Upon Commission approval of the program
design, the institution may enter into a one-year contract with boards of
school districts for purposes of training candidates.
Ref: OAR
584-010-0055
6703 Institutions
with new programs are evaluated on-site during the year in which the first
candidates will complete the proposed program.
Approval is based upon applicable Commission rules and upon the report
of an on-site visit. Approval of new
programs may be granted for a period of five years.
6704 If the
Commission denies approval of proposed educational development programs,
procedures outlined in 6800 and/or 6900 are followed.
Ref: OAR
584-010-0060
6800 DENIAL OF PROGRAM APPROVAL
6801 An
institution denied approval of a program is entitled to a contested case hearing
in accordance with ORS chapter 183. However, the Commission will make an effort to adjudicate the matter
short of a formal hearing.
Ref: OAR
584-010-0060
7000
LICENSURE
7100 AUTHORITY
TSPC exercises statutory authority in
licensure of teachers, personnel service specialists, and administrators by
formulating and implementing Rules for Licensure governing the issuance,
renewal, or reinstatement, and the denial, suspension, or revocation of
licenses.
TSPC recognizes that the quality of
instructional personnel of the schools determines, to a significant degree, the
quality of instruction and learning which takes place in the schools. Therefore, it is the practice of TSPC to:
7101 Encourage
local school boards to recruit and appoint personnel of the highest quality
available.
7102
Establish
licensure rules to help achieve a high quality of school personnel.
7200 RULES FOR LICENSURE
7201 TSPC
adopts, periodically reviews and, as needed, revises the Rules for Licensure.
7202 The
Rules for Licensure are filed as administrative rules with the Secretary of
State. In accordance with Oregon
Statutes, rules, and procedures, the Secretary of State publishes and
distributes TSPC's administrative rules.
TSPC also publishes Rules for Licensure in order to assist candidates,
school districts, and teacher education institutions to understand licensure
requirements and procedures.
7210 Professional Development for Licensure Renewal
7211 Educators
will have two options for completing professional development plans: one is
offered by the district; the other is an individual professional development
plan.
Ref: OAR 584-090-0001 et seq
7300 DISCRETIONARY AUTHORITY OF THE COMMISSION
7301 Administrative rules have the force of
law and must be followed, by the Commission until the rules are amended or
repealed in accordance with the Attorney General's Model Rules of Procedure.
7302 The Executive Director is authorized by
administrative rule to accept evidence of successful teaching or administrative
experience to satisfy minimal licensure requirements for formal college
preparation or public school experience required for licensure.
Ref: OAR
584-052-0027
7303 The Commission is authorized by
administrative rule to decide on
appeals from applicants concerning an institution's decision regarding waiver
of course requirements.
Ref: OAR
584-052-0025
7304 The
Executive Director is authorized by administrative rule to grant an Exceptional Administrator License based upon an
applicant's outstanding personal qualifications to serve as a licensed
administrator or superintendent.
7305 The Executive Director is authorized by
administrative rule to accept alternative evidence of competence in lieu of
basic skills in accordance with the administrative rules.
Ref: OAR
584-052-0027
7305 The
Commission is authorized by administrative rule to provide an alternative assessment procedure to evaluate the
academic and professional knowledge of educators who have had difficulty
getting passing score(s) on the required subject-matter test(s) due to documented
disabilities or when English is not
the applicant’s first language.
Ref: OAR 584-052-0027
7310 Authority of the Executive Director to
Grant Licenses
7311 The Commission delegates to the
Executive Director authority to grant licenses, to include renewal and
reinstatement of suspended licenses,
when the Executive Director is satisfied that each of the following conditions
has been met:
7312 All academic and experience requirements
established by law and regulation including test and continuing professional
development requirements have been met.
7313 The applicant has submitted to a
criminal history records check by the Oregon State Police and the Federal
Bureau of Investigation. Clearance by a
fingerprint check is required for initial Oregon licensure and for
reinstatement of licenses that have lapsed for three or more years.
7314 The Executive Director has no
information indicating that the applicant lacks fitness to be an educator in
accordance with the administrative rules.
Ref: OAR 584-050-0006
7315 The Executive Director has received no
information, except complaints or information which he or she finds to be
wholly frivolous, suggesting that the applicant lacks good moral character or
the mental or physical health necessary to serve as an educator.
7320 Authority of Executive Director to
Substitute Experience
7321 The
Executive Director may substitute successful teaching or administrative
experience to satisfy requirements for formal college preparation or public
school experience required in the Rules for Licensure when it is clear that the
substitution meets the intent of the administrative rules.
Ref: OAR
584-052-0027
7400 LICENSURE
COMMITTEE
7401 Procedures
7410 through 7414 apply only if the
Commission Chairperson appoints a Licensure Committee to consider requests and
prepare recommendations for Commission consideration. In the event that a committee is not named,
the requests and staff recommendations will be referred directly to the
Commission.
7410 Licensure Committee Membership and
Responsibilities
7411 The
Chairperson may appoint an internal standing committee identified as the
Licensure Committee and consisting of not less than two teachers, an
administrator, and one person representing an institution of higher
education. The committee:
7412 Meets
during regularly scheduled Commission meetings unless special meetings are
scheduled.
7413 Monitors the Executive Director's substitution
of teaching, personnel service, or administrative experience to satisfy minimal
licensure requirements as permitted under 7320by
administrative rule. The
committee reports the findings to the Commission.
7414 Reviews appeals from applicants
concerning an institution's decisions regarding waiver of course requirements
and recommends action to the Commission.
7500 DENIAL OF LICENSES
7501 The
Executive Director may deny issuance of a teaching, personnel service
specialist, or administrative license in accordance with 8200, and the appropriate administrative rules and
Oregon statutes.
Ref: ORS 342.143
and 342.165
7600 ACCEPTING EXPERIENCE IN LIEU OF FORMAL PREPARATION
7601 Successful
teaching, personnel service, or administrative experience may be accepted by
the Executive Director to satisfy minimal licensure requirements. Teaching licenses may be granted to
applicants based on experience in certain federal programs. See 7310 and 7320, above.
Ref: OAR
584-052-0027
7610 Waivers
7611 Officials
of approved teacher education institutions are authorized to waive part or all
of the approved program requirements on a course-by-course basis for individual
candidates demonstrating competencies the requirements are intended to develop.
Ref: OAR
584-052-0025
7611 The applicant may appeal waiver decisions to the Commission
if the applicant has exhausted all avenues of appeal within the approved
teacher preparation institution.
Ref: OAR 584-052-0025
7611 An institution may petition for a waiver of licensure
standards so long as the institution can demonstrate that the request meets the
intent of the administrative rules and Oregon Revised Statues are not waived.
Ref: OAR
584-017-0040
7700 ACCESS TO INFORMATION IN LICENSURE FILES
7701 Oregon
law establishes the right of the public to access general information in files
maintained by public agencies while reserving the right to withhold certain
information potentially injurious or identified as personal to the affected
party.
Ref: OAR
584-001-0010
7702 General
information available to the public shall include: the person's license type
and status, academic degree(s) and the institutions awarding them, the names
and addresses of verified educational employers, and orders adopted by the
Commission as a result of disciplinary proceedings, if any. Personal information not routinely furnished
the general public shall include: social
security number, home address, birth date, email address and telephone number,
transcripts of credits and grades, reports of educational experience that
include personal comments, and other forms or papers containing personal
opinions about the educator.
Ref: OAR
584-001-0010
7800 LICENSURE OF OUT-OF-STATE APPLICANTS
7801 Oregon
statutes do not permit the Commission to grant reciprocity in licensure on the
basis of voluntary accreditation, such as the National Council for
Accreditation of Teacher Education, but do permit TSPC to enter into reciprocal
agreements with states which have preparation and licensure requirements
similar to Oregon. Reciprocity Agreements are made through the National
Association of State Directors of Teacher Education and Certification
contract. The Commission is authorized
also to issue licenses to out-of-state applicants who meet the professional
requirements established in the Commission's rules if the applicants have
completed a course of study substantially similar to that required for an
in-state applicant.
Ref: ORS 342.400
and OAR 584-052-0015
7900 EMPLOYMENT OF NON-LICENSED TEACHERS
7901 The
Commission is authorized by statute to cause district forfeitures of state
school support funds for employment of non-licensed educators, educators
teaching on expired licenses or unapproved conditional assignment of licensed
personnel. Certain exceptions exist for
distance education, community college instructors and Charter Schools.
Ref: ORS 342.173
and OAR 584-050-0055 through 584-050-0070
8000
DISCIPLINE
The Commission exercises authority for denial
of licensure and discipline of educators by complying with the statutes and
adopting and executing administrative rules.
These rules guide and control hearings, notices, and other
decision-making and adjudicative functions of the Commission and the staff.
Ref: ORS 342.165
8100 DISCIPLINE
COMMITTEE
Procedures 8210 8110 through
8214 8114 apply
only if the Commission Chairperson appoints a Discipline Committee to consider
investigation reports and proposed orders imposing disciplinary sanctions and
to prepare recommendations for Commission consideration. In the event that a committee is not named,
the investigation reports, proposed orders, and staff recommendations will be
referred directly to the Commission.
8110 Discipline Committee Membership and
Responsibilities
8111 The
Chairperson may appoint an internal standing committee identified as the
Discipline Committee and consisting of not less than two teachers, one
administrator, and one person representing the public. The Committee:
8112 Monitors all reports of alleged
violations of licensure requirements, including reports and charges of unethical
and/or incompetent performance by educators, gross
neglect of duty or gross unfitness and reports to and recommends
appropriate action to the full Commission.
8113 Advises on investigative procedures and
practices and makes recommendations to Executive Director and/or and
the Commission.
8114 Reviews administrative law judge reports
and makes recommendations to the full Commission regarding proposed
orders.
8115 Reviews
investigation reports and recommendations of the Executive Director regarding
charges against educators and makes recommendations for action to the full
Commission.
8116 Reviews the findings of
stipulated orders, hearings, default orders, and recommendations of the
Executive Director and recommends action to the Commission on proposed orders
either imposing disciplinary sanctions or dismissing charges.
8117 Reviews
statutes, rules and administrative practices, including items in Section
8000 of the Handbook for Commissioners, relating to discipline and
license
licensure applications and makes
recommendations to full the Commission.
8118 Considers
suggestions from organizations and individuals in the education community for improving[v2] disciplinary procedures and
for changes in the Standards for Competent and Ethical Performance of Oregon
Educators under OAR 584, Division 020.
8200 DENIAL OF
LICENSURE
8210 Factors in Denial of Initial Licensure
8211 No teaching,
personnel service, or administrative license may be issued to any person who
has been convicted of a crime specified in ORS 342.143(3)(a) or any equivalent
offense under the laws of another state.
Ref: ORS 342.143
8212 The
Commission may refuse to issue a license to any person who has been convicted
of a crime involving the illegal use, sale, or possession of a controlled
substance.
Ref: ORS 342.143
8213 The
Commission may require an applicant for a teaching, personnel service, or administrative
license to furnish evidence satisfactory to the Commission of good moral
character, mental and physical health, and other such evidence as it may deem
necessary to establish the applicant's fitness to serve as an educator. ]
Ref: ORS 342.143
8214 The
Commission shall deny issuance of a license to an applicant who refuses to
submit to a criminal history records check by the Oregon State Police and the
Federal Bureau of Investigation.
Ref: ORS 342.223(2)
8220 Authority of the Executive Director[v3]
8221 The Commission delegates to the
Executive Director authority to deny licenses, reinstatements, and renewals
when any of the following circumstances exist:
8222 When
the Executive Director receives an incomplete application, except that the
Executive Director may delay action on an incomplete application for 90 days;
Ref: OAR 584-050-0006
8223 When
the Executive Director finds that the applicant lacks the academic or
experience requirements established by statute or administrative rules.
Ref: OAR 584-050-0006
8224 When
the applicant has made false statements in the application or to a prospective
or employing school district concerning the applicant's licensure status or
qualifications for assignment.
Ref: OAR 584-050-0030
8225 When
the applicant knowingly served in a licensed position in Oregon public schools
without the appropriate license or while the licensed is expired.
Ref: OAR 584-050-0030
8226 When
the applicant refuses to submit the fingerprint check or makes a false
statement regarding the character questions on the application form.]
8230 Applications Which Must be Referred to the Commission
8231 In
every case not covered by 8220, the Executive Director must refer the
application to the Commission for action.
The applicant shall be informed
that the application has been referred to the Commission and the time and place
that it will be considered. The
applicant may treat the notice as a notice of intent to deny the application,
giving the applicant the immediate right to request a contested case hearing.
8240 Special Procedures for Denial of a License Renewal
8241 When the
Executive Director proposes to deny an application for renewal of a license,
which is a complete application received prior to the expiration date on the
current license, notice of intent to deny must be furnished the applicant. The applicant must be provided 60 days in
which to request a contested case hearing on the proposed denial.
Ref: ORS 183.435
8242 When a contested
case hearing has been requested, the license continues in effect, despite the
expiration date, pending final decision by the Commission following the
hearing. The hearing must be conducted
pursuant to 8400.
Ref: OAR
584-050-0007
8300 PROCEDURES
FOR PROCESSING COMPLAINTS AGAINST EDUCATORS
8310 Initiating Disciplinary Actions
8311 Action to suspend or revoke any
license or to discipline an educator may be initiated by the Commission, or by
the Executive Director, upon receipt of information, a
written complaint, receipt of public records of misconduct, such as news
reports, or upon report of violation of Standards professional standards by the
superintendent or chief executive officer of an Oregon school district or
charter school charging an educator with:
misconduct.
8312 Conviction
of a crime.
8313 Gross
neglect of duty.
8314 Any
gross unfitness.
8315 Knowingly
giving false information on a license application.
8316 Knowingly making false statements to a prospective employing
school district concerning that person's licensure status or qualifications for
assignments.
8317 Divulging
the contents of a confidential communication in violation of the privilege
created in ORS 40.245.
Ref: OAR 584-020-0040 for definitions
of gross neglect of duty and gross unfitness.
8320 Criteria for Accepting Complaints
Against Educators
8321 All
written complaints or reports must:
describe the conduct leading to the complaint, state the grounds that
provide the basis of the complaint, .
8322 All
complaints and reports from superintendents that conform to 8321pursuant to
OAR 584-020-0041 are acknowledged in writing.
8330 Preliminary Investigation of Complaints
Meeting Criteria
8331 Disciplinary
action initiated by the Commission, the Executive Director, and or complaints that conform statutes or
administrative rules or information are subject to an investigation.
The Executive Director must see
that:
o
The case is
assigned to an investigator.
o
The
educator is contacted by
certified mail and provided an opportunity to respond.
o
An investigation is conducted.
The investigator is empowered to subpoena witnesses over the signature
of the Executive Director of the Commission and shall swear all witnesses.
o
The investigation results are reported in executive session at the next regular
Commission meeting following completion of the investigation.
o
The report findings
of the investigation are reported to
the educator against whom the complaint is made.
o
A recommendation is made whether to charge the educator and schedule a
hearing on the matter.
8332 The
Commission must make findings in executive session relative to whether the
evidence presented to the Commission justifies a disciplinary
hearing
is justified.
Ref: ORS 192.600 and 342.176
8340 Investigations Revealing that a Disciplinary
Hearing is Not Justified with Insufficient Evidence to
Justify a Discipline Hearing
If
TSPC determines that a disciplinary hearing is not justified, it must:
8341 Dismiss
the complaint.
8342 Notify the accused educator in writing of the determination.
8343 Notify
the complainant of the determination.
8344 Maintain
the confidentiality of the complaint, the investigation materials and report,
and the recommendations of the Executive Director.
8350 Investigations with Sufficent Evidence to
Justify Indicating that a Disciplinary Hearing is
Justified.
If the preliminary investigation reveals
that there is sufficient evidence to justify charging the educator and scheduling
a disciplinary hearing, the Commission must:
8351 Notify
the accused educator in writing.
8352 Notify
the complainant and the employing school district.
8353 Enclose
a statement of the charges based upon the complaint and preliminary investigation.
8354 Upon
inquiry, disclose the fact that a Notice of Proposed Action and an
8355 Maintain
the confidentiality of the investigation materials and report until final
disposition with a finding that violation of ORS 342.143 or 342.175 has
occurred.
8450 Notification of the Disposition of
Disciplinary Action
8451 The documents and materials used
in the investigation and the report of the Executive Director are confidential
and not subject to public inspection unless the Commission makes a final
determination that the person charged has violated ORS 342.143 or 342.175. If the Commission makes a finding that
violations have occurred, the Commission's Order becomes a matter of public
record and any investigatory materialsthe
investigation report retained by the Commission may be subject to
disclosure upon request. The Commission
must give written notice of licenses revoked or suspended and of educators
reprimanded or placed on probation to:
8452 The
accused educator.
8453 The
employing district.
8454 The
complainant.
8455 The
Superintendent of Public Instruction.
8456 5 NASDTEC, a clearinghouse for state
licensure agencies operated under contract of the National Association of State
Directors of Teacher Education and Certification (NASDTEC).
8500 SUSPENSION OF LICENSE FOR RESIGNATION IN VIOLATION OF
CONTRACT
8501 The
Commission may suspend for the balance of the school year the license of a
teacher who resigns a position without first providing 60 days written notice
or a notice specified by the district's collective bargaining agreement.
8502 If
the teacher appeals this suspension, TSPC holds a contested case hearing in
accordance with procedures in 8250. When
a hearing has been requested, the license suspension is stayed pending the
final decision by TSPC. The decision of
the Commission is final.
8503 Following
a contested case hearing on contract violation, TSPC dismisses the charge or
suspends the license for the remainder of the school year. The Commission gives written notice of the
decision to the teacher and the employing district.
8700 JUDICIAL REVIEW OF COMMISSION ACTION
8710 Appeals to TSPC
Applicants may appeal TSPC
actions under ORS 183.480. Appeals may
relate to:
8711 Disciplinary
orders.
8712 License suspension or revocation orders,
except when the basis for the suspension is a contract violation.
Ref: ORS 342.553
8713 License
denials.
8720 Parties with Standing for Appeal
The aggrieved educator, the
school district or public charter school, and the Superintendent of Public
Instruction each have standing to bring an appeal regarding one of their
employed licensed employees.
Ref: ORS 342.180
8730 Conditions Pertaining to a Stay of the
Order
8731 An
appeal by a holder of a valid license operates as a stay of the Commission's
order until the appeal process is complete, except as provided in 8732.
8732 If
the Commission makes a written finding accompanying the order that an immediate
suspension or revocation of the license is necessary to protect the safety and
well being of the students, no stay is imposed.
Ref: ORS 342.180(3)
8800 CIRCULATION OF LIST OF THOSE SUBJECTED TO DISCIPLINE
8851 Annually,
and not later than March 1, TSPC must circulate to all school districts in
Oregon and to all licensure officers in other states, a list of all teachers
and administrators whose licenses have been suspended or revoked, or who have
been reprimanded or placed on probation during the preceding 12 months.
8852 If
the decision of the Commission has been appealed under 8700, the person's name
shall not be placed on the discipline list unless and until such decision has
been sustained by the Court of Appeals or until the appeal has been dropped.
Ref: ORS 342.203
8900 SERVING WITHOUT PROPER LICENSURE
8910 Procedures for Assessing Forfeitures
Involving School Districts
8911 Any
school district which employs a teacher, personnel specialist, or administrator
who is not properly licensed and assigned in accordance with the terms
specified by that person's license may be required to forfeit State School
Support Funds. The forfeiture is imposed
unless such assignments are made with justification satisfactory to the
Commission or unless the teacher is employed by a post-secondary institution
which is accredited by the Northwest Association of Schools and Colleges and
which has contracted with the school district to provide such an instructor.
Ref: ORS 342.173,
OAR 584-050-0060, and TSPC's Handbook on Assignments
8912 TSPC
establishes the amount of the forfeiture, notifies the violating district, and
notifies the Superintendent of Public Instruction by April 1 of the applicable
year of the amount(s) to be forfeited.
Ref: OAR
584-050-0065 through 584-050-070
8920 Procedures for Assessing Payments
Involving Education Service Districts (ESD)
Any ESD which employs a
teacher, personnel specialist, or administrator who is not properly licensed
and assigned in accordance with the terms specified by that person's license
may be required to pay from the funds to the State School Support Fund an
amount determined by TSPC not to exceed the amount paid to the person for the
time during which the person was employed.
The payments are required unless such assignments are made with
justification satisfactory to the Commission.
Ref: ORS 342.173
and TSPC's Handbook on Assignments
8930 District's or ESD's Right to a Hearing
8931 Any
district or ESD upon which a forfeiture or payment is assessed has the right to
appeal the amount thereof to the Commission.
An appeal must be requested in writing within 30 days of the mailing
date of the notice of forfeiture or payment.
8932 The
assessment is stayed pending a final decision by the Commission if the district
or ESD appeals the forfeiture or payment assessed.
8933 The
forfeiture or payment appeal hearing are conducted under contested case hearing
alternatives identified in 8250.
8940 Commission Action on Appeals of
Forfeiture or Payment
The Commission issues an
order following a contested case hearing on forfeitures or payments. The Commission may:
8941 Determine
that no forfeiture or payment is warranted and notify the district or ESD.
8942 Sustain
the forfeiture or payment and instruct the Executive Director to process the
proposed assessment.
8943 Establish
an amount of forfeiture or payment which is less than or greater than the
forfeiture or payment previously identified, and instruct the Executive
Director to process the assessment established by the Commission.
Ref: OAR
584-050-0067
9000
RELATION
TO OTHER AGENCIES
9100 STATE BOARD
OF EDUCATION
The State Board may:
9101 Reviews
TSPC rules and standards.
9102 Makes
recommendations to the TSPC Commission in
formulation of rules and standards.
9103 Receives reports
from TSPCthe
Commission.
9104 Consults
with the Commission on educational matters through members of the Board or the
State Superintendent of Public Instruction or the Superintendent's designee.
9110 Oregon Department of Education
The Oregon Department of Education may:
9111 Provides
assistance to TSPC Commission staff in
accreditation and licensure matters.
9112 Recommends
members of program approval teams and advisory committees at TSPC the
Comission’s request.
9120 The
Joint Boards
The Joint Boards may:
9121 Works in cooperation
with TSPC
the Commission to develop rules and
standards for licensure.
9122 Receives reports from TSPCthe Commission.
9200 OREGON
SCHOOL DISTRICTS
The school districts may:
9201 Advise
TSPC in the formulation of policies and licensure rules in view of personnel
needs and geographic and demographic requirements.
9202 Assist
in formation of external committees.
9203 Cooperate
in arrangements for substitutes for Commissioners when engaged in Commission
business.
9204 Assist
in individual instances of licensure and discipline of school personnel.
9205 Provide
assistance to TSPC by releasing personnel to serve on program approval teams
and advisory committees at TSPC request.
9206 Receive
from TSPC annual lists of teachers and administrators subjected to discipline.
9300 TEACHER
EDUCATION INSTITUTIONS
Oregon's colleges and universities engaged
in teacher
education educator preparation may:
9301 Advise
TSPC in the formulation of policies and making of rules for educational
personnel development.
9302 Assist
in processes of program approval, on-site visits, and other program approval
matters.
9303 Keep
TSPC informed about teacher supply and demand.
9304 Provide
information about national developments in education.
9305 Provide
data for the state report card as required by 1998 Amendments to Title 2 of the
1965 Higher Education Act.
9400 OREGON
AGENCIES OF GOVERNMENT
9410 Governor and Department of
Administrative Services:
9411 TSPC
is part of the executive branch of state government and as such seeks a close
working relationship with the Governor and other executive departments
particularly the State Board of Education, the State Board of Higher Education,
and the Office of Degree Authorization in the development and support of
education improvement in
9412 The
Governor appoints the Commissioners.
9413 TSPC
is a client agency to the Department of Administrative Services (DAS) is subject
to the rules and policies of DAS.
Ref: ORS 342.350 and 342.360
9420 State Legislature:
Gubernatorial Aappointments
to TSPC
the Commission are confirmed by the Senate. All public education decisions must ultimately be
subject to legislative decision.
The Commission directs the Executive Director and staff to assist
legislators in helping interpret the needs of public education, educational
personnel professional development, and the
preparation, licensure and discipline of teacherslicensed
and registered educators.
Ref: ORS 342.350
9430 Attorney General
The Attorney General’s office
is the legal counsel for the Commission. The Commission through the
Executive Director may call upon the office of the Attorney General for
assistance in interpreting laws concerning education,
developing procedures for hearings, conducting investigations, and related on
matters bearing on the Commission's legal responsibilities.
9440 Secretary of State
The Executive Director must
file copies of administrative rules with the office of Secretary of State.
9450 State
Treasurer
TSPC through the Executive Director
deposits and draws funds by means of its account with the State Treasurer.
9460 Legislative Counsel
A copy of all proposed administrative
rules must be filed by the Executive Director with the Legislative Counsel in
accordance with the Attorney General's Model Rules of Procedure.
Ref. ORS 183.710 through 183.725
9470 Other State Agencies
TSPC seeks to cooperate with other
agencies in fulfilling Commission objectives and responsibilities.
9480
9481 Every
state agency is required to develop and implement a policy on the agency’s relationship
and cooperation with Oregon tribes.
ORS 182.164
9482 The
TSPC designates the Executive Director as the person responsible for developing
and implementing programs of the state agency that affect tribes.
9483 The
TSPC as a state agency has one program budget and one overall program to issue
educator licenses and conduct business related to the issuance of those
licenses, including but not limited to approving the teacher education programs
of the state and conducing investigations around educator alleged misconduct.
9484 The
licensure program does not directly affect any of the Oregon Indian Tribes,
however, it does provide licensure for American Indian language teaching. Each tribe that recommends candidates for
licensure exclusively determines the standards for this license.
OAR 584-060-0200 and ORS 342.144
9485 The
TSPC promotes communication between the agency and the tribes by designating
the Executive Director, or his/her designee, as a representative at the Oregon
Department of Education’s regular government-to-government meetings with tribal
representatives.
9486 The
TSPC does not develop or implement new programs. Accordingly, no agreements authorized under
ORS 190.110 (interagency agreements) are necessary.
9500 OTHER STATES
9501 TSPC
supports interaction with the agencies for teacher education and licensure in
other states to keep
9502 TSPC
cooperates with other states in planning for improvement of education. To this end, TSPC shares with other states
information concerning plans for educational personnel development, licensure
and accreditation, and cooperates in other matters for which TSPC and [its] counterparts in other states are
responsible.
9503 TSPC
is a member of the National Association of State Directors of Teacher Education
and Certification and cooperates in the Association's clearinghouse on licenses
denied, suspended, or revoked for violation of standards of competent and
ethical performance.
9504 TSPC
enters into reciprocal licensure agreements with other states that maintain
standards of preparation and licensure which are comparable to those
established by TSPC.
Ref: ORS 342.400 and 7800
9600 ACCREDITATION
ASSOCIATIONS
9601 TSPC
recognizes the role of the National Council for the Accreditation of Teacher
Education (NCATE) in the accreditation of institutional programs in
9602 Approval
of out-of-state institutions by regional accrediting associations constitutes a
basic criterion, together with program approval by state departments of
education for evaluating the credentials of out-of-state applicants for
9603 Accreditation
of
9700 OTHER GROUPS
AND INDIVIDUALS
9701 TSPC
encourages the formation of consortia and welcomes information and advice from
a wide variety of sources within the bounds of Commission procedure. In addition to those listed above, such
sources may include interested citizens, teachers, administrators, students in
public schools, teacher candidates, professional organizations, regional and national
educational associations, and others interested in the improvement of public
school education and the preparation of teachers.
9800 LIAISON
9801 The Chairperson or his/her
designated Commission member shall represent TSPC in [its] relations with other groups. TSPC defines liaison responsibilities of
staff members with outside groups.
[v1]I’m recommending that this be eliminated since all of it is in the rules. There could be legal problems if and when this is conflict with rules. It’s not necessary to restate as policy, things you have already outlined in rules.
[v2]This happens through the rule-making process.
[v3]All this is in administrative rule.