1000

 

ROLE

 

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  

 

  • Establish high standards for educator preparation excellence and regularly review approved programs for delivery of adopted licensure standards.
  •    Provide leadership for professional licensure standards including standards for: cultural inclusion; educator dispositions; subject-matter competency.
  •    To provide timely high quality services to licensees, higher education, and the public.
  •    Maintain and develop clear, concise and easy to understand administrative rules.
  •    Establish high standards for educator professional conduct and regularly communicate those standards to the field.

·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 Oregon as follows: one member from a public institution and one member from a private institution.  Three lay members are selected as follows: one member who is also a member of a district school board and two members of the general public.  One of the 17 Commissioners shall hold licensure or demonstrated knowledge or experience in special education.  Elected representatives of teachers, supervisors, and administrators may serve in the respective categories.

 

               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 Oregon Laws 1999.

 

        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 SCHOOL DISTRICT

 

        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 AND EXPENDITURES

 

        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 Oregon and the nation in order to inform the Commission periodically of matters of professional concern.

 

        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

 

                                                          PROGRAM APPROVAL[v1] 

 

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 Opportunity for Hearing have been issued.

 

        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 Oregon.

 

        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        Oregon Indian Tribes

 

        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 Oregon abreast of educational trends and developments in the nation, and to advance nationwide application of standards which equal or exceed those of Oregon.

 

        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 Oregon, and seeks to arrange cooperative on-site evaluation of programs if requested by the institution.

 

        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 Oregon teaching licenses.

 

        9603        Accreditation of Oregon institutions by the Northwest Association of Schools and Colleges constitutes a basic criterion in evaluating requests for approval of educational personnel development programs.

 

 

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.