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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 805
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conform-
ance with presession filing rules, indicating neither advocacy nor opposition on the part of the
President (at the request of Governor Tina Kotek for Teacher Standards and Practices Com-
mission)
CHAPTER .................................................
AN ACT
Relating to complaints filed with the Teacher Standards and Practices Commission; creating new
provisions; and amending ORS 342.176 and 342.177.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 342.176 is amended to read:
342.176. (1)(a) A person may file a complaint with the Teacher Standards and Practices Com-
mission regarding a commission licensee. If a complaint concerns an allegation of sexual conduct
that may have been committed by a commission licensee, the complaint process provided by this
section does not apply and the commission shall investigate the complaint as provided by ORS
339.390.
(b) Prior to beginning an investigation based on a complaint filed under paragraph (a) of this
subsection, the commission may require verification that attempts were made to resolve the com-
plaint through the complaint process of the school district that employs the person against whom
the complaint was filed. If the commission does not receive verification within [ 12] six months of
providing notice that verification is required, the commission no longer has a duty to investigate the
complaint.
(c) After receiving sufficient verification as provided by paragraph (b) of this subsection, the
commission shall promptly undertake an investigation upon receipt of a complaint or information
that constitutes grounds for:
(A) Refusal to issue a license or registration, as provided under ORS 342.143;
(B) Suspension or revocation of a license or registration, discipline of a commission licensee,
or suspension or revocation of the right to apply for a license or registration, as provided under
ORS 342.175; or
(C) Discipline for failure to provide appropriate notice prior to resignation, as provided under
ORS 342.553.
(2) The commission may appoint an investigator and shall furnish the investigator with appro-
priate professional and other special assistance reasonably required to conduct the investigation,
and the investigator is empowered to issue subpoenas to require the attendance of witnesses or the
production of documents over the signature of the executive director of the Teacher Standards and
Practices Commission, subpoena witnesses over the signature of the executive director, swear wit-
nesses and compel obedience in the same manner as provided under ORS 183.440 (2).
Enrolled Senate Bill 805 (SB 805-A)Page 1
(3) Following completion of an investigation, the executive director or the executive director’s
designee shall:
(a) Forward to the commission a report related to any investigation that concluded that a vio-
lation occurred under ORS 342.143, 342.175 or 342.553; or
(b) Determine whether to forward to the commission a report related to any investigation not
described in paragraph (a) of this subsection.
(4) If a report is to be forwarded to the commission as described in subsection (3) of this section,
the executive director or the executive director’s designee shall report in writing the findings and
recommendations to impose disciplinary sanctions to:
(a) The commission, meeting in executive session, at its next regular meeting following com-
pletion of the investigation; and
(b) The person against whom the charge is made, following consideration by the commission.
(5)(a) Except as provided in paragraph (b) of this subsection, the documents and materials used
in the investigation undertaken as provided by this section and the report related to the investi-
gation are confidential and not subject to public inspection unless the commission makes a final
determination to:
(A) Refuse to issue a license or registration, as provided under ORS 342.143;
(B) Suspend or revoke a license or registration, discipline a commission licensee, or suspend or
revoke the right to apply for a license or registration, as provided under ORS 342.175; or
(C) Discipline a person for failure to provide appropriate notice prior to resignation, as provided
under ORS 342.553.
(b) Records made available to the commission under ORS 419B.035 (1)(h) shall be kept confi-
dential.
(6) If the commission finds from the report that there is sufficient cause to justify holding a
hearing under ORS 342.177, the commission shall notify in writing:
(a) The person charged, enclosing a statement of the charges and a notice of opportunity for
hearing;
(b) The complainant; and
(c) The employing district or public charter school, if any.
(7) If there is not sufficient cause to justify holding a hearing under ORS 342.177, the commis-
sion shall notify in writing:
(a) The person charged;
(b) The complainant; and
(c) The employing district or public charter school, if any.
(8) Notwithstanding ORS 192.660 (6), the commission may make its findings under this section
in executive session. However, the provisions of ORS 192.660 (4) apply to the sessions.
SECTION 2.
The amendments to ORS 342.176 by section 1 of this 2025 Act apply to com-
plaints filed with the Teacher Standards and Practices Commission under ORS 342.176 on or
after January 1, 2026.
SECTION 3. ORS 342.177 is amended to read:
342.177. (1)(a) Hearings under ORS 339.390 and 342.176 shall be conducted by an administrative
law judge assigned from the Office of Administrative Hearings established under ORS 183.605.
(b) Any hearing conducted under this section shall be private unless the person against whom
the charge is made requests a public hearing. Students attending school in the employing district
may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the
charges made. Students attending a public charter school that employs the person may not attend
any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The
person charged shall have the right to be represented by counsel and to present evidence and ar-
gument. The evidence must be confined to the charges.
(2) The Teacher Standards and Practices Commission or the person charged may have subpoenas
issued to compel attendance at the hearing. The person charged may have subpoenas issued by an
attorney of record subscribed by the signature of the attorney or by the executive director of the
Enrolled Senate Bill 805 (SB 805-A) Page 2
Teacher Standards and Practices Commission. Witnesses appearing pursuant to subpoena, other than
the parties or officers or employees of the commission, shall receive fees and mileage as prescribed
by law for witnesses in ORS 44.415 (2). The commission or the person charged shall have the right
to compel the attendance and obedience of witnesses in the same manner as provided under ORS
183.440 (2).
(3) [The commission shall render its decision at its next regular meeting following the hearing. ] If
the decision of the commission is that the charge described in ORS 342.175 (1) has been proven, the
commission may take any or all of the following disciplinary action against the person charged:
(a) Issue a public reprimand.
(b) Place the person on probation for a period not to exceed four years and subject to such
conditions as the commission considers necessary.
(c) Suspend the license or registration of the teacher or administrator for a period not to exceed
one year.
(d) Revoke the license or registration of the teacher or administrator.
(e) Revoke the right to apply for a license or registration.
(f) Impose a civil penalty pursuant to subsection (6) of this section.
(4) If the decision of the commission is that the charge is not proven, the commission shall order
the charges dismissed.
(5) The commission shall notify in writing the person charged and the employing district or
public charter school of the decision.
(6)(a) The commission shall adopt rules establishing the monetary amount of a civil
penalty that may be imposed under this section. The maximum monetary amount of a civil
penalty for a single violation may not exceed $1,000.
(b) All moneys recovered from imposition of civil penalties under this section shall be
deposited in the State Treasury to the credit of the Teacher Standards and Practices Com-
mission Account.
(c) The commission may adopt rules necessary for the administration and enforcement
of this subsection.
SECTION 4.
The amendments to ORS 342.177 by section 3 of this 2025 Act apply to con-
duct occurring on or after the operative date specified in section 5 of this 2025 Act.
SECTION 5. (1) The amendments to ORS 342.177 by section 3 of this 2025 Act become
operative on July 1, 2026.
(2) The Teacher Standards and Practices Commission may take any action before the
operative date specified in subsection (1) of this section that is necessary for the commission
to exercise, on and after the operative date specified in subsection (1) of this section, all of
the duties, functions and powers conferred on the commission by the amendments to ORS
342.177 by section 3 of this 2025 Act.
Enrolled Senate Bill 805 (SB 805-A) Page 3
Passed by Senate March 4, 2025
Repassed by Senate May 15, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 12, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 805 (SB 805-A) Page 4