Summary of Proposed Action: Aligns current rule with current TSPC statutes (See, text of ORS 342.192 below)-- allows international candidates to by-pass civil rights test requirements as allowed in TSPC statutes. This license is not valid beyond three years.
Background: The civil rights and ethics test was placed in the International Visiting Teacher license rule in 2011 when we fully implemented our computer-based civil rights test. Taking the test before they arrive in the country is a hardship. Many do not stay more than one year, so staff is suggesting that we remove the requirement from this rule. Should they stay longer than three years, they will then have to take and pass the test prior to any further licensure.
Issues/Concerns that Surfaced (if any):
Changed Since Last Commission Meeting?
N/A; First reading – Hasn’t been before the Commission
No; same as last meeting considered
Yes – As follows
Fiscal Impact: N/A
Staff Recommendation:
Adopt rule as presented
Adopt rule in the future
No recommendation
File as Temporary Rule and Refer Rule to Public Comment
Copy of Proposed Rule
584-060-0220
International Visiting Teacher License
(1) Upon filing a correct and complete application in form and manner prescribed by the commission, a qualified and eligible applicant may be granted an International Visiting Teacher License. The intent of this license is to provide up to a three-year cultural exchange of teachers and teaching strategies between Oregon and a participating country other than the United States.
(2) This license is issued for one year and is renewable up to two times.
(3) This license is valid for substitute teaching only at the grade authorization levels and subject-matter endorsement areas listed on the license.
(4) The International Visiting Teacher License is restricted to use within the district that has applied for it jointly with the teacher and is valid for teaching with the requesting employer only at the designated grade authorization levels and subject-matter endorsement areas requested by the employer and listed on the license. If the license is endorsed in a core academic area, the licensee may be considered to be “highly qualified” pursuant to federal law.
(5) To be eligible for the International Visiting Teacher License, the applicant must have not previously held any TSPC license and must co-apply with the requesting district and submit the following materials as part of the application packet:
(a) Evidence that the teacher is not a resident of the United States and is working here under a J-1 Visa;
(b) A letter from the co-applying district specifying the grade levels and subject-matter endorsement areas in which the district would like the applicant to teach and a brief description of the plan for supervision and mentoring the district has in place including the name of the mentor assigned to the applicant once licensed;
(c) Transcript evaluation or some other convincing evidence that the applicant holds the equivalent of a U.S. baccalaureate or higher degree and proof that the applicant has completed a professional teacher preparation program in their country. The transcript and other evidence submitted will be evaluated for subject-matter competency in the subject-area in which the license is being requested;
[(d) Proof of passing scores on either Oregon subject-matter tests or tests passed in the applicant’s native country related to the curriculum being taught in the United States;]
[(e)] (d)A copy of all professional teaching credentials from a country other than the United States held by the applicant;
[[(f)] (e)(A) Evidence that the applicant has completed the equivalent of three full years, (not less than 27 months) of teaching experience in the applicant’s native country; or
(B) Proof of participation in the Cultural Exchange Program in a J-1 Visa status monitored by the Oregon Department of Education. Proof of participation must include verification from the Oregon Department of Education; and
[(g)] (f) Furnish fingerprints in the manner prescribed by the commission and provide satisfactory responses to the character questions contained in the commission’s licensure application. (See also, OAR 584-036-0062 for Criminal Records Check Requirement.)
(6) To be eligible for a one-year renewal of the International Visiting Teaching License, an applicant must:
(a) Submit an application packet for renewal;
(b) A PEER form verifying the applicant’s assignment;
[(c) A passing score on a commission-adopted test of knowledge of U.S. and Oregon civil rights laws and professional ethics;] and
[(d)] (c)Submit a letter from the co-applying school district attesting to the following:
(A) That the teacher's assignment will remain within the scope of grades and subjects on the license;
(B) The plan for supervision and mentoring remains in place and update the name of the mentor if appropriate.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - 342.430, 342.455 - 342.495 & 342.533
Hist.: TSPC 8-2009, f. & cert. ef. 12-15-09; TSPC 5-2010(Temp), f. & cert. ef. 8-13-10 thru 12-31-10; TSPC 8-2010(Temp), f. & cert. ef. 10-4-10 thru 12-31-10; TSPC 10-2010, f. 12-30-10, cert. ef. 1-1-11; TSPC 3-2011, f. & cert. ef. 3-15-11; TSPC 9-2012, f. & cert. ef. 9-14-12; TSPC 3-2013, f. & cert. ef. 8-19-13
Rationale: ORS 342.192
342.192 Licensing requirements for out-of-state applicants; reciprocal agreements; rules. (1) Except as provided in subsection (4) of this section, the Teacher Standards and Practices Commission shall not issue a license to an out-of-state applicant unless the applicant has met the professional requirements established by rule by the commission and has completed a course of study substantially similar to that required for an in-state applicant.
(2) Notwithstanding subsection (1) of this section, if the commission establishes that the position or positions to be filled are in a geographic or subject matter area in which there are an insufficient number of in-state applicants, the commission may issue a license to an out-of-state applicant who has completed a course of study approved by the commission.
(3) In situations described in subsection (2) of this section, the commission shall adopt by rule standards providing for equal treatment for graduates of approved Oregon colleges and universities.
(4) Notwithstanding subsection (1) of this section, the commission may enter into a reciprocal agreement with the appropriate official of any other state for licensure of applicants from the state if the commission determines that the standards and requirements for certification or licensure in that state are substantially similar to the standards and requirements for licensure under applicable statutes of this state and rules of the commission.
(5) Teachers granted licenses under subsections (2), (3) and (4) of this section shall be required to meet all standards required of Oregon teachers, including the requirements of ORS 342.123, not later than three years following the date of initial granting of the license. [Formerly 342.400]
342.123 Knowledge of civil rights laws and ethical standards required; exception. (1) In addition to and not in lieu of any other law or rule or standard established by the Teacher Standards and Practices Commission, the commission shall require an applicant for a first-time license or registration issued by the commission to demonstrate knowledge of:
(a) Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and other relevant federal and state statutes prohibiting discrimination; and
(b) Ethical standards of professional conduct for licensees and registrants, as determined by the commission.
(2) The requirements of this section do not apply to an applicant who is present in the United States on a nonimmigrant visa. [1977 c.805 §2; 1981 c.663 §1; 2009 c.392 §1; 2011 c.648 §3]
5.1i
Data Classification Level: 1 – Published
July 2014; DO: Dykeman