OAR 584-210-0170: Atypical Assignments

(1) Definition. Atypical assignments are miscellaneous assignments that fall outside the currently established Commission endorsement areas and may be assigned to any licensed educator who has: (a) A valid and active unrestricted non-provisional Oregon teaching license; and (b) Any Commission-approved endorsement. (2) Assignment Types. Types of atypical assignments include but are not limited to: (a) Discrete, non-core academic assignments that do not fall within a Commission-approved endorsement area as provided in subsection (4) of this rule; (b) Coaching assignments as provided in subsection (5) of this rule; (c) Teachers on Special Assignment (TOSA) as provided in subsection (6) of this rule; (d) Driver’s Education Assignments as provided in subsection (7) of this rule; (e) Public Alternative Education Assignments as provided in subsection (8) of this rule; or (f) Public Charter Schools Assignments as provided in subsection (9) of this rule. (3) Restrictions . Atypical assignments are subject to the following restrictions: (a) Administrators and personnel service licensees who do not hold a teaching license may not be a teacher of record for atypical assignments as defined by this rule. (b) Districts may not assign a licensed educator as the “Teacher of Record” for atypical assignments as defined by this rule unless the teacher of record is actively engaged in direct instruction of the students enrolled in the courses for which credit is granted. Failure to honor this provision may result in discipline related to the license pursuant to OAR 584-020-0040(4) Gross Neglect of Duty. (c) Assignments in subjects which are a component of a broader endorsement require the broader endorsement or a Licensure for Conditional Assignment (See OAR 584-210-0160). Examples of component subject assignments include but are not limited to: (A) Jazz band within music endorsement; (B) Swimming assignment within physical education endorsement; and (C) African History within Social Studies endorsement. (4) Discrete. Non-core Academic Areas: Districts may assign an educator with a valid and active unrestricted teaching license with any endorsement to assignments in discrete, non-core academic areas that do not fall within any Commission-approved endorsement area. Discrete, non-core academic credit courses that meet the requirements of this subsection may include, but are not limited to: (a) Computer education courses, including software programs; (b) Personal finance; (c) Outdoor education; (d) World languages other than Chinese, French, German, Japanese, Latin, Russian, and Spanish; (e) Study skills, essential skills, or tutoring; (f) Talented and Gifted separate course offerings; (g) Career and Technical Education (CTE) separate course offerings provided outside of a structured CTE program approved by the Oregon Department of Education pursuant to Chapter 581, Division 44; (h) Observing occupations and related job duties such as supervising work study, work experience, or career education where credit is assigned; (i) Photography; (j) Leadership Class or Student Government; (k) SAT or ACT preparation, etc. or (l) Higher education and career path skills. (5) Coaching Assignments: A district may assign an educator with a valid and active unrestricted teaching license with any endorsement to a coaching assignments. A coaching assignment requires a licensed educator if the coaching assignment: (a) Occurs within the regular school day; and (b) Involves any class time for which credit is obtained by the participating students. (6) Teachers on Special Assignments (TOSA): A TOSA is defined as an assignment that involves leadership responsibilities, such as planning and development of curriculum, organization and maintenance of professional growth programs for licensed personnel, or improvement of instructional practices, but does not involve direct instruction. (a) A district may assign an educator with a valid and active unrestricted teaching license with any endorsement to a teacher on special assignment (TOSA). (b) A TOSA assignment is not valid to serve as an administrator if the duties include: (A) Evaluation of licensed personnel; (B) Discipline of licensed personnel; or (C) Authorization of out-of-school suspension or expulsion of students. (7) Driver’s Education Assignments: A district may assign an educator with a valid and active unrestricted Oregon teaching license with any endorsement to a driver education assignment with the following restrictions: (a) The educator must have the appropriate Oregon motor vehicle operator's license to serve as a driver education instructor for the classroom portion of the course. (b) The educator who provides the behind-the-wheel portion of the course must meet requirements established by the Oregon Department of Transportation. (8) Public Alternative Education and Recovery Schools Assignments: A district or school may assign any educator with a valid and active unrestricted Oregon license with any endorsement to a public alternative education or Recovery School assignment as provided in ORS 336.615 to 336.675 and ORS 336.680. (9) Public Charter Schools Assignments: A public charter school assignment requires a valid and active unrestricted Oregon teaching license or valid and active charter school teaching registration with any endorsement subject to the following conditions: (a) No person shall serve as a teacher as defined by ORS 342.120 and ORS 338.135 in a public charter school unless such person either holds a valid and active unrestricted Oregon license issued by TSPC or is registered with TSPC as a charter school teacher pursuant to ORS 338.135 in accordance with OAR 584-023-0005 and ORS 342.125(5); (b) For non-virtual charter schools at least one-half of the total full-time equivalent (FTE) teaching and administrative staff at the public charter school must hold a Basic, Standard, Initial, Continuing, Preliminary, Professional or Teacher Leader teaching license issued by the Commission pursuant to ORS 338.135(7). For virtual charter schools, 95 percent of the teaching staff must hold a valid and active TSPC teaching license pursuant to 342.125 and the provisions of this subsection; and (c) Licensed and registered charter school personnel may be assigned outside the scope of the endorsements on the license or registration without limitation. However, charter schools teachers are required to comply with the federal Elementary Secondary Education Act provisions related to “highly qualified teachers.” (10) Private Schools and Programs Assignments: A teaching license is not required to teach in a private regular or private alternative education program.