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  News Release
 
The following is a news release from the Oregon Teacher Standards and Commission. If there are more details that we can provide for you, please feel free to contact us (see Contact Us).
 
 
  Clarification Regarding the 120-Day Grace Period
  Released: Thursday, October 2, 2003 at 5:00 PM
 
 
 
Here is the administrative rule that has been in effect since 1976 and was last amended in 1992.

584-050-0040
Expiration of Licenses and Continued Use of Expired Licenses
(1) A license expires on the date posted on the license unless an application for renewal is received by TSPC prior to that date. If a license expires, reinstatement requirements must be met for further licensure.
(2) In spite of the expiration date, a license continues to be valid for 120 days after the date of expiration for purposes of ORS 342.173 (forfeiture for non-licensed personnel) and ORS 342.505(2) (fair dismissal). See also OAR 584-050-0066(3) pertaining to expiration of a license during employment.

Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.120 - ORS 342.200
Hist.: TS 15, f. 12-20-76, ef. 1-1-77; TS 17, f. 12-19-77, ef. 1-1-78; TS 2-1981(Temp), f. & ef. 8-17-81; TS 1-1982, f. & ef. 1-5-82; TS 1-1992, f. & cert. ef. 1-15-92

What we are saying is that if an educator HAS NOT submitted his or her C-1 form for renewal prior to the expiration date on the license; regardless of the 120 days that educator is then working on an INVALID license. The 120 days begins from the date of expiration printed on the license.

If you will note the last paragraph of the rule, TSPC will not find a district is in danger of forfeiture within those 120 days between expiration and when the license is processed. However, intentionally working on an expired license is a violation of educator ethics and standards for both the educator and the assigning administrator.

Additionally, the 120 day period does not mean the educator can wait to apply for renewal at anytime within that 120 days or 4 month period. If the educator applies late, the 120 day deadline does not get extended, and the educator has to account for why he or she may have been employed on an expired license, in addition to paying the appropriate late fees. For each day the educator applies late, the 120 days is reduced.

On the flip side of this rule, an educator may have up to the 120 days after expiration to complete a renewal requirement, provided once again, that the C-1 renewal form is received prior to the expiration date on the license.

For example: A teacher may take a PRAXIS test and receive the results within that 120 day period, or get a set of transcripts, etc.

Finally, a conditional assignment permit is not a license and does not extend the expiration date of a license.

I'm sorry for any confusion that has arisen out of this rule. We have been working to get an even application of the rule in our office. It seemed best to follow the administrative rule in place.

Vickie Chamberlain
 

 

  Archived: September 15, 2004  [VC:119-1] 
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