Bill Text: OR HB3555 | 2011 | Regular Session | Engrossed

---

Bill Title: Relating to qualifications of school personnel.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3555 Detail]

Download: Oregon-2011-HB3555-Engrossed.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3647

                           A-Engrossed

                         House Bill 3555
                  Ordered by the House April 14
            Including House Amendments dated April 14

Sponsored by Representative PARRISH; Representatives CONGER,
  MCLANE, WEIDNER, WINGARD, Senator OLSEN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Allows person without administrative license to be
superintendent, or assistant superintendent, of public school,
public charter school or virtual public charter school. Allows
person without administrative license to be superintendent of
education service district.  { + Requires superintendent of
public school or education service district or assistant
superintendent of public school who does not have administrative
license to complete, within one year of being hired, program
conducted by professional organization of school
administrators. + }

                        A BILL FOR AN ACT
Relating to qualifications of school personnel; amending ORS
  329.007, 329.788, 332.505, 332.544, 332.554, 334.225, 338.120,
  338.135 and 342.121.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 342.121 is amended to read:
  342.121. (1) The Teacher Standards and Practices Commission
shall issue licenses to teachers and administrators who possess
the minimum competencies, knowledge and skills to teach and
administer in the public schools of the state. { +  An
administrative license is not required to be employed as a
superintendent of schools or as an assistant superintendent in
this state. + }
  (2) In addition to a teaching or administrative license, a
person may obtain certification, indicating a higher degree of
competency, knowledge and skill based on work experience and
advanced study, from a professional organization of teachers or
administrators, either on the state or national level.
 { - However, - } A teaching certificate or administrative
certificate   { - shall not be - }   { + is not + } required to
teach or administer in a public school of this state.
  SECTION 2. ORS 332.505 is amended to read:
  332.505. (1) A district school board may:
  (a) Employ a superintendent of schools and necessary assistant
superintendents for the district { + , + }   { - and - }  fix the
terms and conditions of employment and the compensation
 { - . - }  { + , and establish the qualifications for
employment. For the purposes of this paragraph:
  (A) + } The district school board   { - shall - }   { + may + }
not contract with a superintendent for more than a period of
three years at a time.  The contract shall automatically expire
at the end of its term  { - .  However, - }  { + , but + } the
district school board may elect to issue a subsequent contract
for an additional three years at any time.
   { +  (B) As a condition of employment, the district school
board shall require each superintendent of schools or assistant
superintendent who does not hold an administrative license to
complete a program conducted by a professional organization of
school administrators. The program must be completed within one
year of the hiring of the superintendent or assistant
superintendent as a superintendent or assistant
superintendent. + }
  (b) Employ personnel, including teachers and administrators,
necessary to carry out the duties and powers of the board and fix
the duties, terms and conditions of employment and the
compensation.
  (c) Compensate district employees in any form { + , + } which
may include, but shall not be limited to, insurance, tuition
reimbursement and salaries.
  (d) Employ educational assistants and intern teachers subject
to the rules of the State Board of Education.
  (2) The district school board shall maintain written personnel
policies at least one copy of which shall be placed in the
library and one copy in the business office of every school in
the district. Copies shall be available for inspection by any
school employee or member of the public.
  (3) The superintendent of the school district shall cause each
employee to be specifically informed of the existence and
availability of the personnel policies.
  SECTION 3. ORS 329.007 is amended to read:
  329.007. As used in this chapter, unless the context requires
otherwise:
  (1) 'Academic content standards' means expectations of student
knowledge and skills adopted by the State Board of Education
under ORS 329.045.
  (2) 'Administrator' includes all persons whose duties require
an administrative license { +  or who are employed as a
superintendent or as an assistant superintendent + }.
  (3) 'Board' or 'state board' means the State Board of
Education.
  (4) 'Community learning center' means a school-based or
school-linked program providing informal meeting places and
coordination for community activities, adult education, child
care, information and referral and other services as described in
ORS 329.157. 'Community learning center' includes, but is not
limited to, a community school program as defined in ORS 336.505,
family resource centers as described in ORS 417.725, full service
schools, lighted schools and 21st century community learning
centers.
  (5) 'Department' means the Department of Education.
  (6) 'English' includes, but is not limited to, reading and
writing.
  (7) 'History, geography, economics and civics' includes, but is
not limited to, Oregon Studies.
  (8) 'Oregon Studies' means history, geography, economics and
civics specific to the State of Oregon. Oregon Studies
instruction in Oregon government shall include municipal, county,
tribal and state government, as well as the electoral and
legislative processes.
  (9) 'Parents' means parents or guardians of students who are
covered by this chapter.

  (10) 'Public charter school' has the meaning given that term in
ORS 338.005.
  (11) 'School district' means a school district as defined in
ORS 332.002, a state-operated school or any legally constituted
combination of such entities.
  (12) 'Second languages' means any foreign language or American
Sign Language.
  (13) { + (a) + } 'Teacher' means any licensed employee of a
school district who has direct responsibility for instruction,
coordination of educational programs or supervision of students
and who is compensated for such services from public funds.
   { +  (b) + } 'Teacher' does not include { + :
  (A) + } A school nurse, as defined in ORS 342.455  { - , or - }
 { + ;
  (B) + } A person whose duties require an administrative license
 { - . - }  { + ; or
  (C) A person employed as a superintendent or as an assistant
superintendent. + }
  (14) 'The arts' includes, but is not limited to, literary arts,
performing arts and visual arts.
  (15) '21st Century Schools Council' means a council established
pursuant to ORS 329.704.
  SECTION 4. ORS 329.788 is amended to read:
  329.788. As used in ORS 329.788 to 329.820:
  (1) 'Beginning administrator' means a principal or
superintendent who:
  (a) Possesses an administrative license issued by the Teacher
Standards and Practices Commission { +  or otherwise meets the
qualifications established under ORS 332.505 (1)(a) + };
  (b) Is employed as a principal or superintendent by a school
district; and
  (c) Has been assigned for fewer than two school years in the
administrator's present position.
  (2) 'Beginning teacher' means a teacher who:
  (a) Possesses a teaching license issued by the Teacher
Standards and Practices Commission;
  (b) Is employed at least half-time, primarily as a classroom
teacher, by a school district; and
  (c) Has taught fewer than two school years as a licensed
probationary teacher in any public, private or state-operated
school.
  (3) 'Mentor' means an individual who:
  (a) Is an acting or retired teacher, principal or
superintendent;
  (b) Has met established best practice and researched-based
criteria as defined by the State Board of Education by rule;
  (c) Possesses a teaching or administrative license issued by
the Teacher Standards and Practices Commission { +  or otherwise
meets the qualifications established under ORS 332.505
(1)(a) + };
  (d) Has successfully served for five or more years as a  { +
superintendent or as a + } licensed teacher  { - , - }
 { + or + } principal   { - or superintendent - }  in any public
school; and
  (e) Has been selected and trained as described in ORS 329.815.
  (4) 'Mentorship program' means a program provided by a mentor
to a beginning teacher or administrator that includes, but is not
limited to, direct classroom observation and consultation,
assistance in instructional planning and preparation, support in
implementation and delivery of classroom instruction, development
of school leadership skills and other assistance intended to
assist the beginning teacher or administrator to become a
confident and competent professional educator who makes a
positive impact on student learning.
  SECTION 5. ORS 332.544 is amended to read:

  332.544. (1) As used in this section, 'classified school
employee' includes all employees of a public school district
except { + :
  (a) + } Those for whom a teaching or administrative license is
required as a basis for employment in a public school district
 { - . - }  { + ; or
  (b) Those who meet the qualifications established under ORS
332.505 (1)(a) and who are employed as a superintendent or as an
assistant superintendent. + }
  (2) A classified school employee who has been demoted or
dismissed shall be entitled to a hearing before the school board
if a written request is filed with the board within 15 days of
the dismissal or demotion.
  (3) School district employees subject to the civil service
provisions of ORS chapter 242 are exempt from the provisions of
this section.
  SECTION 6. ORS 332.554 is amended to read:
  332.554. (1) Each school district shall give an individual,
written notice of reasonable assurance of continued employment to
all classified school employees who are to perform services in
the same or a similar capacity during a subsequent academic year
or term or in the period immediately following a recess period.
Such notice shall be given by May 30 of each year for employees
employed as of that date and as of the date of hire for employees
employed subsequent to May 30.
  (2) No liability shall accrue from failure to give the notice
required by subsection (1) of this section or from the timing or
contents thereof on the part of the school district. However, the
State Board of Education shall enforce the provisions of
subsection (1) of this section.
  (3) As used in this section, 'classified school employee '
includes all employees of a public school district except { + :
  (a) + } Those for whom a teaching or administrative license is
required as a basis for employment in a public school district
 { - . - }  { + ; and
  (b) Those who meet the qualifications established under ORS
332.505 (1)(a) and who are employed as a superintendent or as an
assistant superintendent. + }
  SECTION 7. ORS 334.225 is amended to read:
  334.225. (1) { + (a) + } The education service district board
shall employ a superintendent who   { - must hold - }
 { + holds + } an administrative license as a superintendent { +
or who otherwise meets the qualifications for a superintendent
that are established by the education service district board + }.
   { +  (b) + } The superintendent shall serve as the board's
executive officer, give an official bond or an irrevocable letter
of credit issued by an insured institution, as defined in ORS
706.008, and have the duties prescribed by the board and the laws
of this state.
   { +  (c) + } The board shall fix the term { + , conditions + }
and compensation of the superintendent, provide office room for
the superintendent and allow all of the superintendent's
necessary traveling expenses. { +  As a condition of employment,
the board shall require a superintendent who does not hold an
administrative license to complete a program conducted by a
professional organization of school administrators. The program
must be completed within one year of the hiring of the
superintendent as a superintendent. + }
  (2) The education service district board shall designate the
superintendent as the district clerk. The board may appoint
qualified persons as deputies to the superintendent to perform
the duties required of the district clerk by law or by the board.
  SECTION 8. ORS 338.120, as amended by section 1, chapter 72,
Oregon Laws 2010, is amended to read:

  338.120. (1) In addition to any other requirements of this
chapter for a public charter school, a virtual public charter
school must have:
  (a) A plan for academic achievement that addresses how the
school will improve student learning and meet academic content
standards required by ORS 329.045.
  (b) Performance criteria the school will use to measure the
progress of the school in meeting the academic performance goals
set by the school for its first five years of operation.
  (c) A plan for implementing the proposed education program of
the school by directly and significantly involving parents and
guardians of students enrolled in the school and involving the
professional employees of the school.
  (d) A budget, business plan and governance plan for the
operation of the school. The budget and accounting system of the
school must be compatible with the budget and accounting system
of the sponsor of the virtual public charter school and must
comply with the requirements of the uniform budget and accounting
system adopted by rule of the State Board of Education under ORS
327.511.
  (e) In the charter of the school, a requirement that the
school:
  (A) Monitor and track student progress and attendance; and
  (B) Provide student assessments in a manner that ensures that
an individual student is being assessed and that the assessment
is valid.
  (f) Notwithstanding ORS 338.135 (7), a plan to ensure that:
  (A) All   { - superintendents, assistant superintendents
and - } principals of the school are licensed to administer by
the Teacher Standards and Practices Commission; and
  (B) All teachers of the school are licensed to teach by the
Teacher Standards and Practices Commission and are highly
qualified as described in the federal No Child Left Behind Act of
2001 (P.L. 107-110, 115 Stat. 1425).
  (g) A plan for maintaining student records and school records,
including financial records, at a designated central office of
operations that is located:
  (A) If the sponsor is a school district, within the school
district that is the sponsor and as specified in the charter of
the school; or
  (B) If the sponsor is the State Board of Education, at a
central office located in Oregon and as specified in the charter
of the school.
  (h) A plan to provide equitable access to the education program
of the school by ensuring that each student enrolled in the
school:
  (A) Has access to and use of computer and printer equipment as
needed;
  (B) Is offered an Internet service cost reimbursement
arrangement under which the school reimburses the parent or
guardian of the student, at a rate set by the school, for the
costs of obtaining Internet service at the minimum connection
speed required to effectively access the education program
provided by the school; or
  (C) Has access to and use of computer and printer equipment and
is offered Internet service cost reimbursement.
  (i) A plan to provide access to computer and printer equipment
and the Internet service cost reimbursement as described in
paragraph (h) of this subsection by students enrolled in the
school who are from families that qualify as low-income under
Title I of the federal Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
  (j) A plan to conduct school-sponsored optional educational
events at least six times each school year at locations selected
to provide convenient access to all students enrolled in the
school who want to participate.
  (k) A plan to conduct meetings at least twice a week between
teachers and students enrolled in the school, either in person or
through the use of conference calls or other technology.
  (L) A plan to provide opportunities for face-to-face meetings
between teachers and students enrolled in the school at least six
times each school year.
  (m) A plan to provide, at the time of a student's enrollment,
written notice to the student's resident school district and to
the sponsor. Notification must be provided within 10 days after
enrollment and must include:
  (A) The name, age and address of the student; and
  (B) The name of the school in which the student was formerly
enrolled.
  (n) A plan to provide, at the time of a student's withdrawal,
written notice to the student's resident school district and to
the sponsor. Notification must be provided within 10 days after
withdrawal and must include:
  (A) The name, age and address of the student;
  (B) The name of the school in which the student will enroll, if
known to the virtual public charter school; and
  (C) The last day on which the student was enrolled at the
virtual public charter school.
  (o) An agreement to provide a student's education records to
the student's resident school district or to the sponsor, upon
request of the resident school district or sponsor.
  (2) If a virtual public charter school enters into a contract
with a third-party entity to provide educational services for the
virtual public charter school, the virtual public charter school
must have on file the third-party entity's budget for the
provision of educational services and that budget must itemize:
  (a) The salaries of supervisory and management personnel and
consultants who are providing educational or related services for
a public charter school in this state; and
  (b) The annual operating expenses and profit margin of the
third-party entity for providing educational services to a public
charter school in this state.
  (3)(a) The sponsor or a member of the public may request access
to any of the documents described in subsections (1) and (2) of
this section that are public records, as provided by ORS 192.410
to 192.505.
  (b) Upon request by a sponsor or a member of the public, a
virtual public charter school must provide reasonable access to
the documents described in subsections (1) and (2) of this
section that are public records, as provided by ORS 192.410 to
192.505.  The documents may be provided electronically.
  SECTION 9. ORS 338.135 is amended to read:
  338.135. (1) Employee assignment to a public charter school
shall be voluntary.
  (2)(a) A public charter school or the sponsor of the public
charter school is considered the employer of any employees of the
public charter school. If a school district board is not the
sponsor of the public charter school, the school district board
may not be the employer of the employees of the public charter
school and the school district board may not collectively bargain
with the employees of the public charter school. The public
charter school governing body shall control the selection of
employees at the public charter school.
  (b) If a virtual public charter school or the sponsor of a
virtual public charter school contracts with a for-profit entity
to provide educational services through the virtual public
charter school, the for-profit entity may not be the employer of
any employees of the virtual public charter school.
  (3) The school district board of the school district within
which the public charter school is located shall grant a leave of
absence to any employee who chooses to work in the public charter
school. The length and terms of the leave of absence shall be set
by negotiated agreement or by board policy. However, the length
of the leave of absence may not be less than two years unless:
  (a) The charter of the public charter school is terminated or
the public charter school is dissolved or closed during the leave
of absence; or
  (b) The employee and the school district board have mutually
agreed to a different length of time.
  (4) An employee of a public charter school operating within a
school district who is granted a leave of absence from the school
district and returns to employment with the school district shall
retain seniority and benefits as an employee pursuant to the
terms of the leave of absence. Notwithstanding ORS 243.650 to
243.782, a school district that was the employer of an employee
of a public charter school not operating within the school
district may make provisions for the return of the employee to
employment with the school district.
  (5) For purposes of ORS chapters 238 and 238A, a public charter
school shall be considered a public employer and as such shall
participate in the Public Employees Retirement System.
  (6) For teacher licensing, employment experience in public
charter schools shall be considered equivalent to experience in
public schools.
  (7)(a)   { - Any - }   { + A + } person employed as an
administrator in a public charter school   { - shall - }   { + is
not required to + } be licensed or registered to administer by
the Teacher Standards and Practices Commission.
  (b)   { - Any - }   { + A + } person employed as a teacher in a
public charter school   { - shall - }   { + must + } be licensed
or registered to teach by the commission.
  (c) Notwithstanding paragraph (a) or (b) of this subsection, at
least one-half of the total full-time equivalent (FTE) teaching
and administrative staff at the public charter school shall be
licensed by the commission pursuant to ORS 342.135, 342.136,
342.138 or 342.140.
  (8) Notwithstanding ORS 243.650, a public charter school shall
be considered a school district for purposes of ORS 243.650 to
243.782. An employee of a public charter school may be a member
of a labor organization or organize with other employees to
bargain collectively. Bargaining units at the public charter
school may be separate from other bargaining units of the sponsor
or of the school district in which the public charter school is
located. Employees of a public charter school may be part of the
bargaining units of the sponsor or of the school district in
which the public charter school is located.
  (9) A school district or the State Board of Education may not
waive the right to sponsor a public charter school in a
collective bargaining agreement.
                         ----------