A review of the recent legislation released by the Oregon CCB Bond Requirements provides a unique insight into how the concept of regulatory compliance can be used within the broader context of educational administration, and as such, the concept of legal compliance is not a niche or isolated field of study, but instead, has significant application and contextual relevance across a range of secondary fields.
Reducing the concept of regulatory compliance to a single meaning or definition is impossible given the complexity of the educational environment, and more importantly, how educational administrators are tasked to regulate and comply with a variety of statutory and legislative instruments, which include such things as compliance with Occupational Health and Safety regulations, anti-discrimination law, and even the CCB Bond Requirements.
Reviewing the CCB Bond Requirements in particular allows for an ‘in-practice’ observation of the concept of education and non-compliance in a socio-educational environment, where educational administrators are required to be cognizant of concepts and theories of management and leadership, as well as maintaining general education standards and understanding the relationships between culture and society.
Upon the enactment of the CCB Bond Requirements, one of the most significant areas of ongoing risk for educational administrators would have been the failure of the educational administrators to understand the concepts of physical rigour, school facilities and the implications of legislative non-compliance.
By reviewing this detailed piece of educational legislation, it is clear that one of the most important aspects of regulatory compliance is to ensure that all documentation, certification and licensing required by law is in place prior to any contractual or non-contractual arrangement being entered into; or more importantly, not having the ability to afford any form of civil liability resulting from the breach of law including but not limited to statutory penalties, fines, and civil litigation.
The CCB Bond Requirements clearly demonstrate that the purpose of the legislation is to provide for a mechanism by which potential victims of a ‘wrongful act’ on behalf of the educational administrator can be compensated and/or granted reasonable restitution for any loses or damages that they may have suffered as a result of the wrongful act.
The net result is that educational administrators who do not comply with the CCB Bond requirements may in fact find themselves subject to disciplinary sanctions, criminal prosecution and civil action which may prevent them from performing their duties as educators. More importantly, the impact of the CCB Bond legislation means that any educational institution that does not have the requisite bonding will be unable to obtain the appropriate licenses to operate, and may in fact, be required to cease all current or future operations – binding effect.
It is critical to understand that the CCB Bond only occurs when the Court hears a claim made by an individual against the CCB Bond Holder, and then orders the necessary pecuniary compensation or restitution to occur. In the case of the Oregon CCB Bond Requirements, the type of behaviour and malpractice that the statute is designed to prevent includes but is not limited to misconduct, lying, fraud, trust account failure, and other intentional misconduct which would otherwise compromise the integrity of the educational institution.
It is important to recognize that the statute applies to all ‘contractors’ and parties ‘responsible’ for the delivery of educational services, which in turn means that the Oregon CCB Bond Requirements will be applicable to a wide range of stakeholders including but not limited to the following groups:
The CCB Bond Requirements is effectively a mechanism by which regulatory compliance can be enhanced or facilitated by way of bond or other pecuniary compensation, the primary function of which is to ensure that all educational administrators understand the requirements of the law in relation to their professional obligations, and that non-compliance, misconduct, and/or harm will result in pecuniary compensation or restitution to the aggrieved party or parties.
In a further context, there is no doubt that the CCB Bond bond model is relevant to a variety of other non-education related fields and industries, which helps to highlight the comparative contextual relevance of the concept of regulatory compliance and the need for all educators and educational administrators to be ‘literate’ in the wide range of legislation and legal instruments which maintains the integrity of the educational system at both a state and federal level.
When considering the relevant jurisprudence and theoretical foundations of the CCB Bond model, it is appropriate to recognize that the CCB Bond Requirements are not required for purely punitive or reactive reasons, but rather, the CCB Bond Requirements are intended to have a preventative purpose, which requires compliance with the CCB requirements to occur prior to the commencement of any actions or omissions, which may otherwise violate the core principles of educational regulation and legislative requirements.
In conclusion, it may be argued that what the Oregon CCB Bond Requirement demonstrates is that in order to comply with legislative, statutory and other legal requirements, it is often necessary to ‘compensate’ for the regulatory compliance – meaning that regulators and educational administrators should have a high level of comprehensive understanding of the purpose of the CCB Bond requirements in order to perform their regulatory duties with full legislative and legal competence.
For more information on educational compliance, you can visit the U.S. Department of Education.