584-020-0000
Application of Rules

(1) Oregon Administrative Rules 584-020-0005 through 584-020-0045 were adopted by the Teacher Standards and Practices Commission in accordance with Oregon Revised Statute 342.175(5).

(2) OAR 584-020-0005 through 584-020-0045 may be used as criteria by the Teacher Standards and Practices Commission in matters pertaining to the revocation or suspension of licenses or registrations issued by the Commission under ORS 342.120 to 342.200, or the discipline of any license or registration holder or any person who has held a license or registration at any time within five years prior to issuance of the notice of charges under ORS 342.176.

(3) The Commission determines whether an educator's performance is ethical or competent in light of all the facts and circumstances surrounding the educator's performance as a whole.

(4) The Commission directs the Executive Director to promptly undertake an investigation upon receipt of complaints, reports or information that may constitute grounds for:

(a) Refusal to issue a license or registration, as provided under ORS 342.143;

(b) Suspension or revocation of a license or registration, discipline of a person holding a license or registration, or suspension or revocation of the right to apply for a license or registration, as provided under ORS 342.175; or

(c) Discipline for failure to provide appropriate notice prior to resignation, as provided under ORS 342.553.

(5) Notwithstanding subsection (4), the Executive Director may delay investigating an educator against whom a complaint has been filed under ORS 342.176 if:

(a) The investigation report, public complaint form, or other information indicates the complaint is filed:

(A) By a member of the public; and

(B) Against an educator who is employed in a public school district; and

(C) Does not allege sexual conduct as defined in ORS 339.370(12), and

(D) Prior to the Commission receiving verification that attempts were made to resolve the complaint through the complaint process of the employing school district. After the receipt of sufficient verification, the Executive Director must undertake an investigation pursuant to subsection (4).

(b) Except in cases alleging sexual conduct as defined in ORS 339.370(12), the investigation report or other information indicates that disciplinary action against the educator is pending at the local district level; or

(c) Criminal charges are pending or are likely to be filed against the educator.

(6) In considering whether to delay an investigation or defer recommending action to charge an educator, the Executive Director will consider all relevant circumstances including the nature and seriousness of the allegations and whether the educator is currently employed in the public schools.

(7) The Executive Director will regularly inform the Commission of the status of any complaints, reports or information of misconduct on which the Executive Director has deferred action.

(8) When the Teacher Standards and Practices Commission receives a report of suspected sexual conduct, as defined in ORS 339.370(11), that may have been committed by a licensed school employee, the commission shall immediately initiate an investigation.

(a) An investigation and final determination related to a report received under this subsection shall be completed and notification of the final determination shall be made to the education provider within 90 calendar days following the date on which the report was filed with the commission.

(b) The prescribed timeline for an investigation and final determination may be extended if, for good cause, a longer period of time is necessary.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.175 - 342.190 & Chapter 618, Oregon Laws 2019
History:
TSPC 5-2024, minor correction filed 04/09/2024, effective 04/09/2024
TSPC 1-2020, amend filed 01/02/2020, effective 01/02/2020
TSPC 5-2017, amend filed 11/14/2017, effective 11/15/2017
TSPC 7-2007, f. & cert. ef. 12-14-07
TSPC 7-1999, f. & cert. ef. 10-8-99
TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00
TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
TS 1-1992, f. & cert. ef. 1-15-92
TS 7-1989, f. & cert. ef. 12-13-89
TS 2-1988, f. & cert. ef. 4-7-88
TS 1-1987, f. & ef. 3-3-87
TS 7-1983, f. & ef. 12-14-83
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0005
Definitions

The following definitions apply to Oregon Administrative Rules 584-020-0000 through 584-020-0045 unless otherwise indicated by context:

(1) “Abuse:” Has the meaning given that term in ORS 419B.005.

(2) "Administrator:" Any educator who holds a valid Oregon Administrative License or registration and who works in a position requiring an administrative license pursuant to OAR 584-005-0005(1).

(3)  “Chief Administrator:”  The executive officer of a public school district, educational service district, or public charter school, such as a superintendent, principal, or other similar title, that has the authority and responsibility for the general supervision of the operation of the education provider.

(4) "Competent:" Discharging required duties as set forth in these rules.

(5) "Educator:" Any licensed or registered, or certified person who is authorized to engage in an instructional program including teaching, counseling, school psychology, school social work, administering, and supervising.

(6) "Ethical:" Conforming to the professional standards of conduct set forth in these rules.

(7) "Good Cause:" Exists when circumstances beyond the reasonable control of the Commission delay the completion of a TSPC investigation. Circumstances include, but are not limited to: criminal or civil court proceedings, law enforcement criminal investigations, and failure of an educator or school district to comply with a lawfully issued TSPC subpoena.

(8) "Sexual Conduct:" Any conduct defined by ORS 339.370(12).

(9) "Sexual harassment:" Any unwelcome conduct with an individual which includes but is not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c) Such conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

(10) "Teacher:" Any person who holds a teacher's license as provided in ORS 342.125.

(11) "Student:" Is an individual as defined in ORS 339.370(12).

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.120 & 342.175 - 342.190
History:
TSPC 7-2024, minor correction filed 04/09/2024, effective 04/09/2024
TSPC 1-2020, amend filed 01/02/2020, effective 01/02/2020
TSPC 4-2017, f. 6-27-17, cert. ef. 7-1-17
TSPC 7-2007, f. & cert. ef. 12-14-07
TSPC 7-1999, f. & cert. ef. 10-8-99
TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00
TSPC 8-1998, f. & cert. ef. 12-9-98
TS 1-1992, f. & cert. ef. 1-15-92
TS 7-1989, f. & cert. ef. 12-13-89
TS 2-1988, f. & cert. ef. 4-7-88
TS 1-1987, f. & ef. 3-3-87
TS 5-1979, f. 12-29-79, ef. 1-1-80

584-020-0010
The Competent Educator

The educator demonstrates a commitment to:

(1) Recognize the worth and dignity of all persons and respect for each individual;

(2) Encourage scholarship;

(3) Promote democratic and inclusive citizenship;

(4) Raise educational standards;

(5) Use professional judgment; and

(6) Promote equitable learning opportunities.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 7-2007, f. & cert. ef. 12-14-07
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0015
Curriculum and Instruction

(1) The competent educator measures success by the progress of each student toward realization of personal potential as a worthy and effective citizen. The competent educator stimulates the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of goals as they are appropriate for each individual.

(2) The competent teacher demonstrates:

(a) Use of state and district adopted curriculum and goals;

(b) Skill in setting instructional goals and objectives expressed as learning outcomes;

(c) Use of current subject matter appropriate to the individual needs of students;

(d) Use of students' growth and development patterns to adjust instruction to individual needs consistent with the number of students and amount of time available; and

(e) Skill in the selection and use of teaching techniques conducive to student learning.

(3) The competent administrator demonstrates:

(a) Skill in assisting individual staff members to become more competent educators by complying with federal, state and local laws, rules, and lawful and reasonable district policy and contracts;

(b) Knowledge of curriculum and instruction appropriate to assignment;

(c) Skill in implementing instructional programs through adequate communication with staff; and

(d) Skill in identifying and initiating any needed change which helps each student toward realization of personal learning potential.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 7-2007, f. & cert. ef. 12-14-07
TS 7-1983, f. & ef. 12-14-83
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0020
Supervision and Evaluation

(1) The competent educator is a student of human behavior and uses this knowledge to provide a climate that is conducive to learning and that respects the rights of all persons without discrimination. The competent educator assumes responsibility for the activities planned and conducted through the district's program, and assists colleagues to do the same. The competent educator gathers relevant information and uses it in the planning and evaluation of instructional activities.

(2) The competent teacher demonstrates:

(a) Multiple ways to assess the academic progress of individual students;

(b) Skill in the application of assessment data to assist individual student growth;

(c) Procedures for evaluating curriculum and instructional goals and practices;

(d) Skill in the supervision of students; and

(e) Skill in differentiating instruction.

(3) The competent administrator demonstrates:

(a) Skill in the application of assessment data to provide effective instructional programs;

(b) Skill in the implementation of the district's student evaluation program;

(c) Skill in providing equal opportunity for all students and staff; and

(d) Skill in the use of employee and leadership techniques appropriate to the assignment and according to well established standards which ensure due process for the staff for which the administrator is responsible for evaluating.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 7-2007, f. & cert. ef. 12-14-07
TS 7-1983, f. & ef. 12-14-83
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0025
Management Skills

(1) The competent educator is a person who understands students and is able to relate to them in constructive and culturally competent ways. The competent educator establishes and maintains good rapport. The competent educator maintains and uses records as required, and as needed to assist the growth of students.

(2) The competent teacher demonstrates skills in:

(a) Establishing and maintaining classroom management that is conducive to learning;

(b) Using and maintaining district property, equipment, and materials appropriately;

(c) Using and maintaining student records as required by federal and state law and district policies and procedures;

(d) Using district and school business and financial procedures; and

(e) Using district lawful and reasonable rules and regulations.

(3) The competent administrator demonstrates:

(a) Leadership skills in managing the school, its students, staff, and programs as required by lawful and reasonable district policies, rules, and regulations, state and federal laws and regulations, and other programs as assigned, and assures that staff is informed of these requirements; and

(b) Skills in planning and staff assignment.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 7-2007, f. & cert. ef. 12-14-07
TS 7-1983, f. & ef. 12-14-83
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0030
Human Relations and Communications

(1) The competent educator works effectively with others -- Students, staff, parents, and patrons. The competent educator is aware of the ways the community identifies with the school, as well as community needs and ways the school program is designed to meet these needs. The competent educator can communicate with knowledge, clarity, and judgment about educational matters, the school, and the needs of students.

(2) The competent teacher demonstrates:

(a) Willingness to be flexible in cooperatively working with others; and

(b) Skill in communicating with administrators, students, staff, parents, and other patrons.

(3) The competent administrator demonstrates:

(a) Skill in helping students, staff, parents, and other patrons to learn about the school, the district and its program;

(b) Skills in communicating district and school goals to staff and the public;

(c) Willingness to be flexible in cooperatively working with others; and

(d) Skill in reconciling conflict.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 7-2007, f. & cert. ef. 12-14-07
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0035
The Ethical Educator

The ethical educator is a person who accepts the requirements of membership in the teaching profession and acts at all times in ethical ways. In so doing the ethical educator considers the needs of the students, the district, and the profession.

(1) The ethical educator, in fulfilling obligations to the student, will:

(a) Keep the confidence entrusted in the profession as it relates to confidential information concerning a student and the student’s family;

(b) Refrain from exploiting professional relationships with any student for personal gain, or in support of persons or issues; and

(c) Maintain an appropriate professional student-educator relationship by:

(A) Not demonstrating or expressing professionally inappropriate interest in a student's personal life;

(B) Not accepting or giving or exchanging romantic or overly personal gifts or notes with a student;

(C) Reporting to the educator's supervisor if the educator has reason to believe a student is or may be becoming romantically attached to the educator; and

(D) Honoring appropriate adult boundaries with students in conduct and conversations at all times.

(2) The ethical educator, in fulfilling obligations to the district, will:

(a) Apply for, accept, offer, or assign a position of responsibility only on the basis of professional qualifications, and will adhere to the conditions of a contract or the terms of the appointment;

(b) Conduct professional business, including grievances, through established lawful and reasonable procedures;

(c) Strive for continued improvement and professional growth;

(d) Accept no gratuities or gifts of significance that could influence judgment in the exercise of professional duties; and

(e) Not use the district's or school's name, property, or resources for noneducational benefit or purposes without approval of the educator's supervisor or the appointing authority.

(3) The ethical educator, in fulfilling obligations to the profession, will:

(a) Maintain the dignity of the profession by respecting and obeying the law, exemplifying personal integrity and honesty;

(b) Extend equal treatment to all members of the profession in the exercise of their professional rights and responsibilities;

(c) Respond to requests for evaluation of colleagues and keep such information confidential as appropriate; and

(d) Respond to requests from a Commission representative for information, furnish documents to the Commission, and participate in interviews with a Commission representative relating to a Commission investigation, except subject to the exercise of any legal right or privilege.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 1-2020, amend filed 01/02/2020, effective 01/02/2020
TSPC 7-2007, f. & cert. ef. 12-14-07
TSPC 8-1998, f. & cert. ef. 12-9-98
TS 7-1989, f. & cert. ef. 12-13-89
TS 7-1983, f. & ef. 12-14-83
TS 5-1979, f. 12-19-79, ef. 1-1-80

584-020-0040
Grounds for Disciplinary Action

(1) The Commission will deny, revoke or deny the right to apply for a license or charter school registration to any applicant or educator who, has been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if convicted in another jurisdiction or convicted of attempt to commit such crimes as defined in ORS 161.405. Evaluation of substantially equivalent crimes or attempts to commit crimes will be based on Oregon laws in effect at the time of the conviction, regardless of the jurisdiction in which the conviction occurred.

(2) An applicant fails to meet the requirement of ORS 342.143 "good moral character" if the applicant engages in gross neglect of duty, gross unfitness, in violation of section (4) of this rule or other acts which are in violation of sections (1) or (3) of this rule.

(3) The Commission may initiate proceedings to suspend or revoke the license or registration of an educator under ORS 342.175 or deny a license or registration to an applicant under 342.143 who:

(a) Has been convicted of a crime not listed in section (1) of this rule, if the Commission finds that the nature of the act or acts constituting the crime for which the educator was convicted render the educator unfit to hold a license;

(b) Is charged with knowingly making any false statement in the application for a license or registration;

(c) Is charged with gross neglect of duty;

(d) Is charged with gross unfitness; or

(e) Is convicted of a crime involving the illegal use, sale or possession of controlled substances.

(4) Gross neglect of duty is any serious and material inattention to or breach of professional responsibilities. The following may be admissible as evidence of gross neglect of duty. Consideration may include but is not limited to:

(a) Substantial unauthorized use of: school name or financial credit; school materials or equipment for personal purposes; or school personnel to provide personal services unrelated to school business;

(b) Substantial unauthorized use of employment time or school resources for private purposes;

(c) Falsification of any document or knowing misrepresentation directly related to licensure, employment, or professional duties;

(d) Unreasonable physical force against students, fellow employees, or visitors to the school, except as permitted under ORS 339.250;

(e) Violent or destructive behavior on school premises or at a school-sponsored activity;

(f) Any sexual conduct with a student;

(g) Appearing on duty or at any district-sponsored activity while under the influence of alcohol, marijuana, or any controlled substance;

(h) Unauthorized disclosure of student records information received in confidence by the educator under ORS 40.245, (See subsection (6), below);

(i) Assigning an educator in violation of licensure requirements;

(j) Resignation from a contract in violation of ORS 342.553;

(k) Violation of any order or rule of the Commission;

(l) Sexual harassment;

(m) Failure of a chief administrator to report a violation of Commission standards as required by OAR 584-020-0041;

(n) Substantial deviation from professional standards of competency set forth in OAR 584-020-0010 through 584-020-0030;

(o) Substantial deviation from professional standards of ethics set forth in OAR 584-020-0035;

(p) Subject to the exercise of any legal right or privilege, failure or refusal by an educator under investigation to respond to requests for information, to furnish documents or to participate in interviews with a Commission representative relating to a Commission investigation;

(q) Unauthorized use of school electronic equipment to receive, store, produce or send sexually explicit materials;

(r) Working without a license;

(s) Failing to report child abuse pursuant to ORS 419B.010;

(t) Failure of a chief administrator to disclose all required background check information regarding an educator to a requesting education provider, as required by ORS 339.378 and ORS 339.374;

(u) Failure of a chief administrator to comply with a lawfully issued subpoena, including subpoenas issued for investigation of sexual conduct or abuse, as required in ORS 339.388;

(v) Abuse of a student; or

(w) Failure of an educator to cooperate with an investigation conducted by the Teacher Standards and Practices Commission under ORS 339.370 to ORS 339.400 and ORS 342.176, except subject to the exercise of any legal right or privilege.

(x) Failure of an educator to maintain the confidentiality of a TSPC sexual conduct investigation report made available to the educator under OAR 584-019-0100, and subject to the confidentiality established by ORS 339.390(7)(b) and ORS 339.390(7)(d)(C).

(5) Gross unfitness is any conduct which renders an educator unqualified to perform his or her professional responsibilities. Conduct constituting gross unfitness may include conduct occurring outside of school hours or off school premises when such conduct bears a demonstrable relationship to the educator's ability to fulfill professional responsibilities effectively. The following may be admissible as evidence of gross unfitness. Consideration may include but is not limited to:

(a) Revocation, suspension or denial of a license by another state for reasons and through procedures that are the same as, or substantially equivalent to, those permitting similar action in Oregon;

(b) Fraud or misrepresentation;

(c) Conviction of violating any federal, state, or local law. A conviction includes any final judgment of conviction by a court whether as the result of guilty plea, no contest plea or any other means.

(d) Commission of an act listed in OAR 584-020-0040(1);

(e) Admission of or engaging in acts constituting criminal conduct, even in the absence of a conviction; or

(f) Violation of a term of probation imposed by a court.

(6) In any proceeding brought under subsection (4)(h) of this rule, the Commission may not impose a sanction more severe than a suspension of the educator's license.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143, 342.175 - 342.190 & Chapter 391, 2021 Oregon Laws
History:
TSPC 14-2021, amend filed 11/09/2021, effective 11/09/2021
TSPC 8-2021, temporary amend filed 08/10/2021, effective 08/15/2021 through 02/10/2022
TSPC 1-2020, amend filed 01/02/2020, effective 01/02/2020
TSPC 4-2017, f. 6-27-17, cert. ef. 7-1-17
TSPC 2-2014, f. & cert. ef. 3-15-14
TSPC 5-2011, f. & cert. ef. 6-15-11
TSPC 4-2010, f. & cert. ef. 7-15-10
TSPC 8-2008, f. & cert. ef. 11-13-08
TSPC 7-2007, f. & cert. ef. 12-14-07
TSPC 9-2005, f. & cert. ef. 11-15-05
TSPC 4-2000, f. & cert. ef. 7-17-00
TSPC 9-1999, f. & cert. ef. 11-22-99
TSPC 7-1999, f. & cert. ef. 10-8-99
TSPC 6-1999(Temp), f. & cert. ef. 9-20-99 thru 3-17-00
TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00
TSPC 8-1998, f. & cert. ef. 12-9-98
TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
TS 5-1996, f. & cert. ef. 9-24-96
TS 4-1993, f. & cert. ef. 9-29-93
TS 1-1992, f. & cert. ef. 1-15-92
TS 7-1989, f. & cert. ef. 12-13-89
TS 2-1988, f. & cert. ef. 4-7-88
TS 7-1986, f. 10-15-86, cert. ef. 1-15-87
TS 5-1983, f. & cert. ef. 7-21-83

584-020-0041
Misconduct Reporting Requirements

(1) For purposes of this rule, "chief administrator" means:

(a) The superintendent, head teacher, head administrator or person designated by a school district board as district school clerk under ORS 332.515, of a school district, education service district or charter school;

(b) The chief administrative officer of public schools administered by the Oregon Department of Education; or

(c) The chief administrative officer of a private elementary or secondary school, as long as the chief administrative officer is licensed by the Commission.

(2) A chief administrator will report educators described in this subsection regardless if the educator is employed in the chief administrator's district. Subject educators include:

(a) Any educator possessing a TSPC-issued license or certification;

(b) Any educator holding a charter school registration;

(c) Any pre-service candidate enrolled in a public or private school for purposes of program completion pursuant to any program described in division 17 of these administrative rules.

(3) A chief administrator will report to the Executive Director within thirty (30) days the name of any person described in subsection (2) above, when the chief administrator reasonably believes the person may have committed any act which may constitute any of the designated acts of gross neglect of duty under OAR 584-020-0040(4), subsections (a) to (s) or any of the designated acts of gross unfitness listed under OAR 584-020-0040(5), subsections (a) to (e).

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 3-2013, f. & cert. ef. 8-19-13
TSPC 7-2007, f. & cert. ef. 12-14-07
TSPC 9-2006, f. & cert. ef. 6-15-06
TSPC 1-2001, f. & cert. ef. 1-17-01
TSPC 7-1999, f. & cert. ef. 10-8-99
TSPC 5-1999(Temp), f. & cert. ef. 8-24-99 thru 2-19-00
TS 4-1997, f. 9-25-97, cert. ef. 10-4-97
TS 4-1993, f. & cert. ef. 9-29-93

584-020-0045
Factors for Imposing Disciplinary Sanctions

The Commission may consider one or more of the following factors, as it deems appropriate, in its determination of what sanction or sanctions, if any, should be imposed upon a finding that an educator has violated any standard set forth in OAR 584-020-0040:

(1) If the misconduct or violation is an isolated occurrence, part of a continuing pattern, or one of a series of incidents;

(2) The likelihood of a recurrence of the misconduct or violation;

(3) The educator's past performance;

(4) The extent, severity, and imminence of any danger to students, other educators, or the public;

(5) If the misconduct was open and notorious or had negative effects on the public image of the school;

(6) The educator's state of mind at the time of the misconduct and afterwards;

(7) The danger that students will imitate the educator's behavior or use it as a model;

(8) The age and level of maturity of the students served by the educator;

(9) Any extenuating circumstances or other factors bearing on the appropriate nature of a disciplinary sanction; or

(10) To deter similar misconduct by the educator or other educators.

Statutory/Other Authority: ORS 342
Statutes/Other Implemented: ORS 342.143 & 342.175 - 342.190
History:
TSPC 2-2005, f. & cert. ef. 4-15-05
TS 5-1983, f. & ef. 7-21-83