Current through Register Vol. 63, No. 9, September 1, 2024
(1) A career
school shall establish, publish, and enforce specific written policies that set
standards for the staff's:
(a) Professional
performance and conduct;
(b)
Evaluation; and
(c) Continuing
education.
(2) Career
schools shall employ as teachers only those individuals who are registered with
the Commission and who meet the applicable requirements of this rule. All
applications for teacher registration shall:
(a) Be recorded on forms provided by the
Commission;
(b) Indicate the
specific subjects the prospective teacher will teach;
(c) Be signed by the prospective teacher and
a director at the school; and
(d)
Be accompanied by relevant official transcripts, letters, and documents that
confirm that the teacher meets the minimum requirements listed in subsections
(3) and (4) of this rule.
(3) Individuals applying for registration as
career school teachers must:
(a) Be at least
18 years of age
(b) Hold all Oregon
licenses, permits, certificates, or other credentials, as well as successfully
pass any examinations, legally required for employment in the field in which
they teach. In limited circumstances, the Executive Director may grant a waiver
from this requirement upon receipt of a written request from the school showing
that a credential issued by another state would be accepted as an equivalent by
the state in which the school is located.
(c) Have graduated from high school as
evidenced by a photocopy of the applicant's high school diploma, a high school
transcript indicating graduation, or a foreign equivalent. As an alternative,
the applicant may show evidence of a General Education Development (GED)
certificate or a transcript indicating graduation, from a postsecondary program
which would typically require completion of high school, or an equivalent
course of study, as a condition of admission. The Executive Director may grant
a waiver to this requirement upon written request from the school.
(d) Have met the following experience
requirements.
(A) Have at least two years of
work experience or two years of education, or any combination of both, in the
subject that they instruct. One year of experience is defined as 1,875 hours of
work, education or training per year (37.5 hours per week times 50 weeks).
Part-time experience will be allowed if the total hours equal the equivalent of
two years of full-time experience (3750 hours).
(B) For new teachers the work experience must
have been within the last five years. The Executive Director may grant a waiver
upon written request from the school.
(C) If a credential or qualifying examination
is required for employment in the field by the state in which the school is
located, the two years of experience must include at least one year of work
experience as a certified practitioner in the subject in which they instruct,
following certification or licensure. The Executive Director may grant a waiver
upon written request from the school.
(D) In limited circumstances, the Executive
Director may grant a waiver from the requirements written above upon receipt of
a written request from the school.
(e) Pay the applicable registration fee
specified in OAR 715-045-0007.
(f)
Notwithstanding the work experience, education and training requirement
specified in paragraph (d) of this subsection, the Commission may outline
specific, industry/field requirements, in collaboration with state licensing
agencies for non-cosmetology fields of practice.
(g) Notwithstanding the work experience,
education and training requirement specified in paragraph (d) of this
subsection, an applicant applying for registration to teach hair design,
barbering, esthetics, nail technology, or some other cosmetology field or area
of practice at a career school offering cosmetology programs may qualify to
teach by completing a Commission-approved:
(A)
1,000 hour cosmetology teacher training program offered by a licensed career
school, if the applicant possesses a valid credential from the Health Licensing
Office; or
(B) 200 hour cosmetology
teacher training program, if the applicant taught hair design, barbering,
esthetics, nail technology, or some other cosmetology field or area of practice
in another state whose licensing requirements are less than those established
by the State of Oregon, or if the applicant's Commission-issued teacher
registration expired three or more years ago.
(h) In lieu of meeting the requirements in
OAR 715-045-0012(3)(b) through (d), an applicant for registration as a teacher
of an Oregon Health Authority-approved psilocybin facilitator training program
must submit proof that the instructor is identified with a program approved by
the Authority, and the instructor's qualifications have been submitted to the
Authority under OAR 333-333-3020(4) or under OAR 333-333-3030.
(4) Career schools offering
programs in hair design, barbering, esthetics, nail technology, or some other
cosmetology field or area of practice may use individuals who are not
registered teachers for the purpose of providing specialized training that
enhances the students program of instruction. Such specialty trainers, also
known as resource persons, may not provide more than a total of:
(a) 340 hours of instruction in a hair design
program;
(b) 270 hours of
instruction in a barbering program;
(c) 100 hours of instruction in an esthetics
program; or
(d) 100 hours of
instruction in a nail technology program.
(5)
(a) In
emergency situations, not to exceed three months, schools may hire substitute
teachers who are the best-qualified persons available. Under no circumstances
shall students be allowed to substitute as approved teachers.
(b) Within 14 days of hiring a substitute
teacher, a career school must provide written notice to the Commission. The
notice must include, at a minimum, the substitute teacher's name, telephone
number, mailing address, and e-mail address, the start date and estimated end
date for the substitute teaching, as well as a list of the programs and courses
the substitute teacher will teach and, if applicable, copies of the substitute
teacher's credentials.
(6) If a school utilizes any form of teacher
assistants, aides, or trainees, it shall establish and maintain policies that
set forth qualifications, duties, procedures for use of these personnel, and
maintain a copy of these policies for review by the Commission. Teacher
assistants, aides, or trainees:
(a) May not
be used as substitutes or replacements for regular teachers;
(b) Must work under the direct supervision of
a registered teacher; and
(c) May
evaluate students only under direct supervision of a registered
teacher.
(7)
(a) The school shall have and implement
written policies to promote improvement of teacher competency in their fields
and in levels of performance in their teaching assignments. A recommended
minimum for continuing education is 30 hours during each three-year
period.
(b) If a credential or
qualifying examination is required for employment in a field by the state in
which the school is located, then a registered teacher preparing students to
enter that field must comply with any applicable continuing education
requirements.
(c) Notwithstanding
paragraph (b) of this subsection, registered teachers who teach hair design,
barbering, esthetics, nail technology, or some other cosmetology field or area
of practice at a career school offering cosmetology programs must complete a
minimum of 30 hours of continuing education three years after the date their
registration was issued or reissued.
(8) Teacher registrations shall expire three
years after the date the registration was issued. To renew a teacher
registration, a registered teacher must submit a completed teacher registration
form to the Commission accompanied by:
(a)
The applicable registration fee specified in OAR 715-045-0007;
(b) Evidence that the teacher has satisfied
any applicable continuing education requirements;
(c) If applicable, evidence that the teacher
possesses a valid credential required by the state in which the school is
located for employment in the field the teacher is preparing students to enter;
and
(d) A listing of the career
schools where the registered teacher has taught during the previous three
years, as well as the programs and courses taught by the teacher.
(9) School directors must have at
least two years of experience in school or business administration, teaching,
or other experience directly related to their duties within the school's
organization. The experience must have been obtained within the last five
years. Part-time experience will be allowed if the total hours equal the
equivalent of two years of full-time experience. Full-time work experience is a
minimum of 1,875 hours per year (37.5 hours per week times 50 weeks). Qualified
persons who do not meet the criteria in section (11) of this rule may be
appointed as directors with prior approval by the Executive Director and with a
letter as required in subsection (12)(c) of this rule.
(10) Owners and directors, administrators,
agents, supervisors, and instructors (hereinafter collectively "employees")
subject to registration, licensure, or approval pursuant to ORS
345.010 to
345.450 are subject to
suspension, revocation, or other discipline if the employee:
(a) Is charged with knowingly making any
false statements in the application for a license, registration, or
approval;
(b) Is charged with gross
neglect of duty; or
(c) Is charged
with gross unfitness.
(11) Gross neglect of duty is any serious and
material inattention to or breach of professional responsibilities. The
following acts constitute gross neglect of duty:
(a) Knowing falsification of any document or
knowing misrepresentation directly related to licensure, employment, or
professional duties;
(b)
Substantial deviation from professional standards of competency;
(c) Violation of any ethical standard
contained in OAR 715-045-0012(12);
(d) Engaging in acts in violation of laws or
rules applicable to the profession;
(e) Failure or refusal to respond to
questions, to provide information, or to furnish documents to a Commission
representative pursuant to review, assessment, or investigation; or
(f) Any other statement or act or omission
not consistent with personal integrity, ethics, or honesty.
(12) Gross unfitness is any
conduct that renders an owner or employee unqualified to perform duties. The
following acts constitute gross unfitness:
(a)
Convictions of a crime or offense specified in subsection (12) of this rule or
engaging in such wrongful acts even in the absence of a conviction;
(b) Commission of fraud, misrepresentation,
or deceit;
(c) Commission of
unfair, deceptive, or unlawful trade practices as defined in the Oregon
Unlawful Trade Practices Act.
(13) No licensed school shall be owned by or
employ an individual who is not of good moral character and reputation.
(a) Upon review by the Commission the
Executive Director may find a person not to be of good moral character and
reputation when the person:
(A) Has been
convicted of a felony or a misdemeanor that involves the illegal use, sale or
possession of a controlled substance, or that involves any sexual offense, or
any violent offense;
(B) Has been
convicted of an offense involving fraud or misrepresentation, or has committed
fraud, misrepresentation, or deceit or has committed unfair, deceptive, or
unlawful trade practices regulated by the Oregon Unlawful Trade Practices Act
(ORS 646.605-646.652), or
(C) Is currently subject to suspension or
revocation of a Commission-issued license or registration.
(b) The Executive Director shall not make a
finding that a person is not of good moral character and reputation solely for
the reason that the person has been convicted of a crime, but shall consider
the relationship of the facts that support the conviction and all intervening
circumstances as they relate to the specific occupational standards and
requirements; and
(c) If the
prospective employee has been convicted of a crime listed in subsection (13) of
this rule, the Executive Director shall request a letter of recommendation from
the employing school and the individual's most recent employer, parole officer,
or other appropriate professional source. The Executive Director shall fully
consider such recommendation along with all other supporting materials
submitted by the prospective employee. The Executive Director, after reviewing
submitted materials, may approve an employee registration on a probationary
basis for a period not to exceed one year. Upon completion of the probationary
period, if no further violation of subsection (12) has occurred, the
probationary status will be removed.
(14) The school shall set minimum
expectations and provide training for all instructional personnel and
supervisors of instructional personnel in:
(a) Curriculum and Instruction - including
the educator's competent application of:
(A)
The school approved curriculum; and
(B) Effective teaching strategies;
and
(b) Supervision and
Evaluation of Students - including the educator's responsibility to:
(A) Record progress of individual
students;
(B) Evaluate student
performance; and
(C) Use effective
classroom management;
(c)
Ethics - including the educator's responsibility to:
(A) Know, respect, and obey all policies of
the school;
(B) Exemplify personal
integrity, ethics, and honesty;
(C)
Keep student information confidential; and
(D) Avoid exploiting students for personal
profit or advantage.
Statutory/Other Authority: ORS
345.080, ORS
345.325 & ORS
345.400
Statutes/Other Implemented: ORS
345.325 & ORS
345.400
