ORS 342.143
Issuance of licenses and registrations
(1)
A teaching, personnel service or administrative license, or public charter school registration, may not be issued to any person until the person has attained the age of 18 years and has furnished satisfactory evidence of proper educational training.(2)
The Teacher Standards and Practices Commission may require an applicant for a teaching, personnel service or administrative license or for registration as a public charter school teacher or administrator to furnish evidence satisfactory to the commission of good moral character, mental and physical health, and such other evidence as the commission may deem necessary to establish the applicant’s fitness to serve as a teacher or administrator.(3)
Without limiting the powers of the Teacher Standards and Practices Commission under subsection (2) of this section:(a)
A teaching, personnel service or administrative license, or a public charter school registration, may not be issued to any person who:(A)
Has been convicted of a crime listed in ORS 163.095 (“Aggravated murder” defined), 163.107 (Murder in the first degree), 163.115 (Murder in the second degree), 163.185 (Assault in the first degree), 163.235 (Kidnapping in the first degree), 163.355 (Rape in the third degree), 163.365 (Rape in the second degree), 163.375 (Rape in the first degree), 163.385 (Sodomy in the third degree), 163.395 (Sodomy in the second degree), 163.405 (Sodomy in the first degree), 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree), 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree), 163.427 (Sexual abuse in the first degree), 163.432 (Online sexual corruption of a child in the second degree), 163.433 (Online sexual corruption of a child in the first degree), 163.435 (Contributing to the sexual delinquency of a minor), 163.445 (Sexual misconduct), 163.465 (Public indecency), 163.515 (Bigamy), 163.525 (Incest), 163.547 (Child neglect in the first degree), 163.575 (Endangering the welfare of a minor), 163.670 (Using child in display of sexually explicit conduct), 163.675 (1985 Replacement Part), 163.680 (1993 Edition), 163.684 (Encouraging child sexual abuse in the first degree), 163.686 (Encouraging child sexual abuse in the second degree), 163.687 (Encouraging child sexual abuse in the third degree), 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), 164.325 (Arson in the first degree), 164.415 (Robbery in the first degree), 166.005 (Treason), 166.087 (Abuse of corpse in the first degree), 167.007 (Prostitution), 167.008 (Commercial sexual solicitation), 167.012 (Promoting prostitution), 167.017 (Compelling prostitution), 167.057 (Luring a minor), 167.062 (Sadomasochistic abuse or sexual conduct in live show), 167.075 (Exhibiting an obscene performance to a minor), 167.080 (Displaying obscene materials to minors), 167.090 (Publicly displaying nudity or sex for advertising purposes), 475.808 (Unlawful manufacture of hydrocodone within 1,000 feet of school), 475.810 (Unlawful delivery of hydrocodone), 475.812 (Unlawful delivery of hydrocodone within 1,000 feet of school), 475.818 (Unlawful manufacture of methadone within 1,000 feet of school), 475.820 (Unlawful delivery of methadone), 475.822 (Unlawful delivery of methadone within 1,000 feet of school), 475.828 (Unlawful manufacture of oxycodone within 1,000 feet of school), 475.830 (Unlawful delivery of oxycodone), 475.832 (Unlawful delivery of oxycodone within 1,000 feet of school), 475.848 (Unlawful manufacture of heroin within 1,000 feet of school), 475.852 (Unlawful delivery of heroin within 1,000 feet of school), 475.868 (Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school), 475.872 (Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school), 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school), 475.880 (Unlawful delivery of cocaine), 475.882 (Unlawful delivery of cocaine within 1,000 feet of school), 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.890 (Unlawful delivery of methamphetamine), 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school), 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) or 475.906 (Penalties for unlawful delivery to minors).(B)
Has been convicted under ORS 161.405 (“Attempt” described) of an attempt to commit any of the crimes listed in subparagraph (A) of this paragraph.(C)
Has been convicted in another jurisdiction of a crime that is substantially equivalent, as defined by rule, to any of the crimes listed in subparagraphs (A) and (B) of this paragraph.(D)
Has had a teaching, personnel service or administrative license, or a public charter school registration, revoked in another jurisdiction for a reason that is substantially equivalent, as defined by rule, to a reason described in ORS 342.175 (Grounds for discipline) and the revocation is not subject to further appeal. A person whose right to apply for a license or registration is denied under this subparagraph may apply for reinstatement of the right as provided in ORS 342.175 (Grounds for discipline) (4).(b)
The Teacher Standards and Practices Commission may refuse to issue a license or registration to any person who has been convicted of:(A)
A crime involving the illegal use, sale or possession of controlled substances; or(B)
A crime described in ORS 475C.005 (Short title) to 475C.525 (Severability of ORS 475C.005 to 475C.525).(4)
In denying the issuance of a license or registration under this section, the commission shall follow the procedure set forth in ORS 342.176 (Complaint process) and 342.177 (Hearing and decision on charges). [1965 c.100 §352; 1971 c.743 §357; 1973 c.270 §7; 1979 c.744 §14; 1987 c.158 §58; 1987 c.503 §6; 1993 c.45 §158; 1993 c.301 §6; 1993 c.603 §2; 1995 c.446 §8; 1995 c.768 §14; 1997 c.383 §§11,11a; 1999 c.199 §8; 1999 c.308 §1; 2005 c.708 §52; 2007 c.575 §11; 2007 c.869 §10; 2007 c.876 §8; 2009 c.386 §4; 2011 c.151 §11; 2011 c.524 §21; 2011 c.681 §7; 2013 c.591 §11; 2015 c.245 §6; 2017 c.21 §50; 2019 c.635 §21]
Source:
Section 342.143 — Issuance of licenses and registrations, https://www.oregonlegislature.gov/bills_laws/ors/ors342.html.
Notes of Decisions
Rule authorizing denial of teaching license on grounds, inter alia, of gross neglect of duty and gross unfitness, and defining those concepts, is sufficient explanation of term “good moral character” when agency relies on those two aspects in denying license. Reguero v. Teacher Standards and Practices Comm., 312 Or 402, 822 P2d 1171 (1991)
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