2007 Oregon Code - Chapter 342 :: Chapter 342 - Teachers and Other School Personnel
Chapter 342 —
Teachers and Other School Personnel
2007 EDITION
TEACHERS AND OTHER SCHOOL PERSONNEL
EDUCATION AND CULTURE
GENERAL PROVISIONS
342.120Â Â Â Â Definitions
LICENSING AND REGISTRATION OF TEACHERS AND
ADMINISTRATORS
(Generally)
342.121Â Â Â Â Teacher
and administrator licensing; certification from professional organizations;
certificate not required
342.122Â Â Â Â Professional
Organizations Certification Fund
342.123Â Â Â Â Knowledge
of civil rights laws required
342.125Â Â Â Â Types
of licenses; charter school teacher and administrator registry; expedited
process
Note         Subject
matter endorsement--1993 c.45 §154
342.126Â Â Â Â First
aid card required for teaching license; waiver for disability
342.127Â Â Â Â Fees;
basis
342.130Â Â Â Â Certain
existing certificates and licenses not invalidated
342.135Â Â Â Â Basic,
standard and other teaching licenses; basis of renewal; rules
342.136Â Â Â Â Initial
teaching, personnel service and administrative licenses; renewal
342.138Â Â Â Â Continuing
teaching, personnel service and administrative licenses; qualifications for
continuing license; renewal
342.140Â Â Â Â Administrative
license
342.143Â Â Â Â Issuance
of licenses and registrations
342.144Â Â Â Â American
Indian languages teaching license
342.147Â Â Â Â Approval
of teacher education institutions and programs; rules
342.153Â Â Â Â Proficiency
in Braille required for teaching license to provide education to blind students
342.165Â Â Â Â Commission
rules
342.167Â Â Â Â State
board review of rules
342.169Â Â Â Â Required
ratio of pupils to staff holders of first aid cards; exceptions; rules
342.173Â Â Â Â Effect
of employing unlicensed teacher or administrator by certain districts
(Discipline)
342.175Â Â Â Â Grounds
for discipline; reinstatement
342.176Â Â Â Â Preliminary
investigation of complaint; materials confidential; notice
342.177Â Â Â Â Hearing
and decision on charges; notice
342.180Â Â Â Â Appeal
342.190Â Â Â Â Administrative
Procedures Act not applicable to proceedings for reinstatement, revocation or
suspension
(Miscellaneous)
342.195Â Â Â Â Teaching
licenses based on experience in certain federal programs
342.200Â Â Â Â Administrative
licenses based on professional skills and experience
342.203Â Â Â Â Circulation
of list of teachers and administrators subjected to discipline
(Criminal Records Check)
342.223Â Â Â Â Criminal
records check; effect of making false statement; appeal of refusal to issue or
renew license or registration
342.227Â Â Â Â Issuance
of temporary license or certificate pending result of check
342.232Â Â Â Â Employment
pending result of check
TEACHER STANDARDS AND PRACTICES COMMISSION
342.350Â Â Â Â Commission
established; confirmation; term; vacancy; effect of change in circumstances
342.360Â Â Â Â Members;
qualifications
342.380Â Â Â Â Organization
342.390Â Â Â Â Meetings;
expenses
342.400Â Â Â Â Licensing
requirements for out-of-state applicants; reciprocal agreements; rules
342.410Â Â Â Â Executive
director; employees
342.420Â Â Â Â MemberÂ’s
salary; reimbursement to district
342.430Â Â Â Â Teacher
Standards and Practices Commission Account; use
MINORITY TEACHER ACT
342.433Â Â Â Â Definitions
for ORS 342.433 to 342.449
342.437Â Â Â Â Goals
342.443Â Â Â Â Reports
to legislature; comparative data; data collection
342.447Â Â Â Â Plans
for recruitment, admission, retention and graduation of minority teachers;
rules
342.449Â Â Â Â Short
title
SCHOOL NURSES
342.455Â Â Â Â Definition
of “school nurse”
342.465Â Â Â Â Rules;
notice if action taken on license
342.475Â Â Â Â School
nurses; certificates
342.485Â Â Â Â Commission
to consult with and advise Oregon State Board of Nursing on school nursing
342.495Â Â Â Â Holder
of school nurse certificate qualified to conduct and coordinate health services
program
TEACHERSÂ’ CONTRACTS
342.513Â Â Â Â Renewal
or nonrenewal of contracts for following year
342.545Â Â Â Â Termination
of teacherÂ’s contract; release
342.553Â Â Â Â Suspension
of teaching license for resigning without providing required notice; appeal
TERMS AND CONDITIONS OF EMPLOYMENT OF SCHOOL
PERSONNEL
342.603Â Â Â Â Administrators;
employment contract; health benefits; restrictions
342.608Â Â Â Â Working
hours for licensed personnel; duty-free lunch period required; exception
342.610Â Â Â Â Minimum
salary for substitute teachers
342.613Â Â Â Â Contracts
with teachers for return of part of salary prohibited
342.650Â Â Â Â Wearing
of religious dress prohibited
342.655Â Â Â Â Sanctions
against teacher violating ORS 342.650
SEXUAL HARASSMENT
342.700Â Â Â Â Policy
on sexual harassment; posting and availability of policy
342.704Â Â Â Â Adoption
of school district policies on sexual harassment required; contents; rules
342.708Â Â Â Â ORS
342.700 and 342.704 not limitation on or prerequisite for other rights and
remedies
STEROIDS AND PERFORMANCE-ENHANCING SUBSTANCES
342.721Â Â Â Â Definitions
for ORS 342.723 and 342.726
342.723Â Â Â Â Prohibitions
on school district employees
342.726Â Â Â Â Program
on prevention and education; training
ACCOUNTABILITY FOR SCHOOLS FOR THE 21ST
CENTURY LAW
342.805Â Â Â Â Short
title
342.815Â Â Â Â Definitions
for ORS 342.805 to 342.937
342.835Â Â Â Â Probationary
teacher
342.840Â Â Â Â Determination
of length of service for probationary teacher
342.845Â Â Â Â Contract
teacher; part-time contract teacher; effect of program transfer; administrator
contracts
342.850Â Â Â Â Teacher
evaluation; personnel file content; rules
342.865Â Â Â Â Grounds
for dismissal or contract nonextension of contract teacher
342.875Â Â Â Â Suspension;
reinstatement
342.895Â Â Â Â Contract
teachers; procedure for dismissal or contract nonextension; appeal
342.905Â Â Â Â Appeal
procedure; arbitration as alternative
342.910Â Â Â Â Waiver
of contract grievance claim if appeal of dismissal decision filed; waiver of
certain rights and procedures
342.930Â Â Â Â Fair
Dismissal Appeals Board; rules
342.934Â Â Â Â Procedure
for reduction of teacher staff due to funding or administrative decision
342.937Â Â Â Â Reimbursement
for teacher dismissal costs
MISCELLANEOUS
342.961Â Â Â Â Internal
investigations of employee misconduct or wrongdoing
342.965Â Â Â Â Interchange
of teachers
342.985Â Â Â Â Qualifications
to teach distance learning course
     342.005 [Amended by 1955 c.518 §1; repealed by 1961 c.439 §13]
     342.007 [1953 c.85 §1; repealed by 1965 c.100 §456]
     342.010 [Repealed by 1965 c.100 §456]
     342.015 [Repealed by 1961 c.439 §13]
     342.017 [1991 c.693 §16; 1993 c.45 §148; renumbered
329.753 in 1993]
     342.020 [Repealed by 1961 c.439 §13]
     342.025 [Repealed by 1961 c.439 §13]
     342.030 [Repealed by 1961 c.439 §13]
     342.035 [Repealed by 1961 c.439 §13]
     342.040 [Repealed by 1961 c.439 §13]
     342.045 [Repealed by 1961 c.439 §13]
     342.050 [Amended by 1955 c.518 §2; repealed by 1961
c.439 §13]
     342.055 [Repealed by 1963 c.544 §52]
     342.060 [Amended by 1957 c.638 §1; repealed by 1965
c.100 §456]
     342.065 [Amended by 1955 c.101 §1; renumbered
342.602]
     342.070 [Amended by 1957 c.638 §2; 1961 c.677 §1;
renumbered 342.175]
     342.075 [Amended by 1961 c.677 §2; renumbered
342.180]
     342.080 [Repealed by 1961 c.439 §13]
     342.085 [Amended by 1955 c.214 §1; repealed by 1965
c.100 §456]
     342.090 [Repealed by 1965 c.100 §456]
     342.095 [Repealed by 1965 c.100 §456 and 1965 c.550 §6]
     342.100 [Repealed by 1965 c.100 §456 and 1965 c.550 §6]
     342.105 [Repealed by 1961 c.439 §13]
     342.110 [Amended by 1961 c.707 §1; repealed by 1961
c.439 §13]
     342.115 [Repealed by 1961 c.439 §13]
GENERAL
PROVISIONS
     342.120
Definitions. As used in this
chapter, unless the context requires otherwise:
     (1) “Administrator” includes all
superintendents, assistant superintendents and principals in the public schools
or education service districts.
     (2) “Approved teacher education
institution” is one which meets the standards of the Teacher Standards and
Practices Commission for preparation of teachers for preprimary programs and
grades 1 through 12.
     (3) “Approved teacher education program”
is one offered by an approved teacher education institution and is so
recognized by the Teacher Standards and Practices Commission, after considering
recommendations of the State Board of Education.
     (4) “Commission” means the Teacher
Standards and Practices Commission.
     (5) “Educational assistant” means a
classified school employee who does not require a license to teach, who is
employed by a school district or education service district and whose
assignment consists of and is limited to assisting a licensed teacher in
accordance with rules established by the State Board of Education.
     (6) “Instruction” includes direction of
learning in class, in small groups, in individual situations, in the library
and in guidance and counseling, but does not include the provision of related
services, as defined in ORS 343.035, to a child identified as a child with a
disability pursuant to ORS 343.146 to 343.183 when provided in accordance with
ORS 343.221.
     (7) “Intern teacher” means a regularly
enrolled student of an approved teacher education institution who teaches under
the supervision of the staff of the institution and of the employing school
district in order to acquire practical experience in teaching and for which the
student receives both academic credit from the institution and financial
compensation from the school district or education service district.
     (8) “State board” means the State Board of
Education.
     (9) “Teacher” includes all licensed
employees in the public schools or employed by an education service district
who have direct responsibility for instruction, coordination of educational
programs or supervision or evaluation of teachers and who are compensated for
their services from public funds. “Teacher” does not include a school nurse as
defined in ORS 342.455.
     (10) “Teaching license” means a license
issued under ORS 342.125 or 342.144. [1961 c.439 §1; 1965 c.100 §348; 1965
c.550 §1; 1973 c.270 §2; 1975 c.278 §1; 1981 c.393 §1; 1981 c.469 §5; 1989
c.125 §1; 1993 c.45 §149; 2001 c.653 §4; 2007 c.70 §100]
LICENSING AND
REGISTRATION OF TEACHERS AND ADMINISTRATORS
(Generally)
     342.121
Teacher and administrator licensing; certification from professional
organizations; certificate not required. (1) The Teacher Standards and Practices Commission shall issue
licenses to teachers and administrators who possess the minimum competencies,
knowledge and skills to teach and administer in the public schools of the
state.
     (2) In addition to a teaching or
administrative license, a person may obtain certification, indicating a higher
degree of competency, knowledge and skill based on work experience and advanced
study, from a professional organization of teachers or administrators, either
on the state or national level. However, a teaching certificate or
administrative certificate shall not be required to teach or administer in a
public school of this state. [1991 c.662 §11; 1993 c.45 §151]
     Note: 342.121 was added to and made a part of
342.120 to 342.430 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     342.122
Professional Organizations Certification Fund. (1) There is created the Professional
Organizations Certification Fund, separate and distinct from the General Fund.
Interest earned on moneys in the Professional Organizations Certification Fund
shall be credited to the fund.
     (2) The Teacher Standards and Practices
Commission may accept from any source any grant, donation or gift of money or
other valuable thing made to the commission for purposes of the Professional
Organizations Certification Fund.
     (3) Moneys credited to the Professional
Organizations Certification Fund are continuously appropriated to the
commission for the purposes of advanced certifications of teachers and
administrators in accordance with ORS 342.121 (2). The commission may draw
checks or orders upon the State Treasurer in making disbursements from the
Professional Organizations Certification Fund for the purposes stated in this
subsection. [2001 c.381 §2]
     Note: 342.122 was added to and made a part of
342.120 to 342.430 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     342.123
Knowledge of civil rights laws required. (1) In addition to and not in lieu of any other law or rule or
standard established by the Teacher Standards and Practices Commission, the
commission shall require an applicant for a teaching license or any renewal
thereof demonstrate knowledge of Title VI of the Civil Rights Act of 1964,
Title IX of the Education Amendments of 1972, and federal statutes pertaining
thereto, as well as state statutes prohibiting discrimination.
     (2) An applicant shall be required to
demonstrate knowledge of federal and state statutes prohibiting discrimination
required by subsection (1) of this section only once. [1977 c.805 §2; 1981
c.663 §1]
     342.125
Types of licenses; charter school teacher and administrator registry; expedited
process. (1) Teaching
licenses shall be issued and renewed by the Teacher Standards and Practices
Commission by the authority of the State of
     (2) Subject to subsection (4) of this
section, teaching licenses shall be of the following types:
     (a) Basic teaching license.
     (b) Standard teaching license.
     (c) Administrative license.
     (d) Restricted teaching license.
     (3) Subject to ORS 342.130 and to
subsection (4) of this section and in addition to the teaching licenses
described in subsection (2) of this section, licenses shall be of the following
types:
     (a) Initial teaching license.
     (b) Continuing teaching license.
     (c) Initial personnel service license.
     (d) Continuing personnel service license.
     (e) Initial administrative license.
     (f) Continuing administrative license.
     (4) The Teacher Standards and Practices
Commission may establish other types of teaching licenses as it considers
necessary for operation of the public schools of the state and may prescribe
the qualifications for the licenses. However, no license established under the
authority of this subsection is required for a regular classroom teaching
position in the public schools.
     (5)(a) The Teacher Standards and Practices
Commission shall establish a public charter school teacher and administrator
registry. The commission shall require the applicant and the public charter school
to jointly submit an application requesting registration as a public charter
school teacher or administrator. The application shall include:
     (A) A description of the specific teaching
or administrator position the applicant will fill;
     (B) A description of the background of the
applicant that is relevant to the teaching or administrator position, including
any post-secondary education or other experience; and
     (C) Documentation as required by the
commission for the purposes of conducting a criminal records check as provided
in ORS 181.534 and a background check through an interstate clearinghouse of
revoked and suspended licenses.
     (b) Subject to the results of the criminal
records check and background check and to information received under ORS 342.143
(2), the commission shall approve the application for registration. The
commission may deny a request for registration only on the basis of the
criminal records check, the background check through an interstate
clearinghouse of revoked and suspended licenses or the information received
under ORS 342.143 (2). The registration is valid for three years and may be
renewed upon joint application from the teacher or administrator and the public
charter school.
     (c) A registration as a public charter
school teacher qualifies its holder to accept the teaching position described
in the application in the public charter school that submitted the application
with the holder of the registration.
     (d) A registration as a public charter
school administrator qualifies its holder to accept the administrator position
described in the application in the public charter school that submitted the
application with the holder of the registration.
     (6) The Teacher Standards and Practices
Commission shall adopt an expedited process for the issuance of any license
established pursuant to this section. The process may require a school district
superintendent or school district board and the applicant to jointly submit an
application requesting an emergency license. Within two working days after
receiving a completed application the commission shall issue the emergency
license. However, the commission may limit the number of applications for
expedited service from a school district or education service district to not
more than 100 applications in a period of two working days. For purposes of
this subsection, the commission may not distinguish between a school district
or education service district involved in a labor dispute and any other school
district or education service district. [1961 c.439 §2; 1965 c.100 §349; 1965
c.550 §2; part renumbered 342.127; 1973 c.270 §3; 1981 c.663 §2; 1991 c.662 §5;
1993 c.45 §152; 1997 c.352 §1; 1997 c.383 §1; 1999 c.199 §2; 2005 c.730 §17;
2007 c.575 §8]
     Note: Section 154, chapter 45, Oregon Laws 1993,
provides:
     Sec.
154. Subject matter endorsement. Notwithstanding ORS 342.125 (2) and 342.135, a teacher shall be
granted a subject matter endorsement if the teacher held a basic license and a
subject matter endorsement on or before January 1, 1981. [1993 c.45 §154; 2005
c.209 §35]
     342.126
First aid card required for teaching license; waiver for disability. (1) Except as provided in subsection (2) of
this section, within 90 days after receiving an initial or basic teaching
license under ORS 342.125, the holder of the license shall obtain a recognized
first aid card. Failure to obtain the card shall result in suspension of the
teaching license pursuant to ORS 342.175.
     (2) The Teacher Standards and Practices
Commission may waive the requirement of subsection (1) of this section for any
holder of a teaching license who has taken a recognized first aid course of
study but who is unable by reason of physical disability to obtain a recognized
first aid card.
     (3) The commission by rule shall specify
the procedure whereby the holder of a teaching license can obtain the waiver
authorized by subsection (2) of this section. [1977 c.826 §2; 1981 c.180 §1;
1993 c.45 §155; 1997 c.383 §10]
     342.127
Fees; basis. (1) The Teacher
Standards and Practices Commission shall establish and the commission shall
collect:
     (a) A fee not to exceed $100 for
evaluation of the initial application for each teaching license for which
application is made. If the applicant is eligible for the teaching license for
which application is made and the license is issued within 90 days of original
application, the commission shall issue the license without additional charge.
     (b) A fee not to exceed $100 for the
renewal of each teaching license and a fee not to exceed $20 for each duplicate
teaching license.
     (c) A fee not to exceed $800 for a
beginning teacher assessment conducted in lieu of an approved preparation
program required for licensure.
     (d) A fee not to exceed $200 for
alternative assessment conducted in lieu of a passing score on a licensure
examination established by the commission.
     (e) A fee not to exceed $75 for
registration as a public charter school teacher or administrator that includes
any fee charged pursuant to rules adopted under ORS 181.534.
     (f) A fee not to exceed $75 for renewal of
a registration as a public charter school teacher or administrator that
includes any fee charged pursuant to rules adopted under ORS 181.534.
     (2) In addition to the fee required by
subsection (1) of this section for the issuance of a teaching license, the
Teacher Standards and Practices Commission shall collect a fee not to exceed
$150 for the evaluation of an applicant requesting licensing based upon
completion of other than an
     (3) In addition to the fees required by
subsection (1) of this section, the Teacher Standards and Practices Commission
shall collect a late application fee not to exceed $25 per month up to a
maximum of $125 from an applicant who fails to make timely application for
renewal of the license or registration. The actual amount of the fee shall be
determined in accordance with rules of the Teacher Standards and Practices
Commission.
     (4) In spite of the expiration date posted
on the license, the license shall continue to be valid for purposes of ORS
342.173 for an additional 120 days. However, the district may require a
statement from the applicant indicating that the applicant has completed the
requirements for license renewal.
     (5) In addition to the fee required by
subsection (1) of this section for the issuance of a teaching license, the
commission shall collect a fee not to exceed $150 for the reinstatement of a
license that has been revoked by the commission for gross neglect of duty or
gross unfitness under ORS 342.175.
     (6) In addition to the fee required by
subsection (1) of this section for the issuance of a teaching license, the
commission shall collect a fee not to exceed $100 for the issuance of any
emergency license through an expedited process at the request of any school
district or education service district that seeks to employ the applicant.
     (7) Fee rates established under this
section shall cover, but not exceed, the full cost of administrative expenses
incurred by the commission during any biennium. [Subsections (1) and (2)
formerly part of 342.125; subsection (3) enacted as 1965 c.535 §14; 1969 c.416 §1;
1971 c.41 §1; 1973 c.270 §4; 1981 c.663 §3; 1983 c.14 §1; 1991 c.144 §1; 1993
c.45 §156; 1997 c.165 §1; 1997 c.352 §3; 1999 c.199 §4; 1999 c.768 §1; 2005
c.730 §18; 2007 c.35 §3; 2007 c.575 §10]
     342.130
Certain existing certificates and licenses not invalidated. (1) Nothing in ORS 342.120 to 342.173 is
intended to invalidate the life of any certificate or diploma in effect on June
30, 1965, nor to invalidate the rights granted prior to June 30, 1965, by the
law and the rules of the State Board of Education under which the certificate
or diploma was issued.
     (2) Nothing in chapter 550, Oregon Laws
1965, is intended to invalidate the life of any teaching certificate in effect
on August 13, 1965, or to alter the rights and privileges granted prior to
August 13, 1965, by the law under which the teaching certificate was issued.
     (3) Nothing in ORS 342.120 to 342.173 is
intended to invalidate the life of any basic or standard teaching or
administrative license in effect prior to January 15, 1999, nor to invalidate
the rights granted prior to January 15, 1999, by the law and by the rules of
the Teacher Standards and Practices Commission under which the license was
issued. [1961 c.439 §3; 1965 c.100 §350; subsection (2) enacted as 1965 c.550 §4;
1997 c.383 §2; 1999 c.59 §89]
     342.135
Basic, standard and other teaching licenses; basis of renewal; rules. (1) A teaching license provided for in this
section shall qualify its holder to accept any instructional assignment from
preprimary through grade 12 for which the holder has completed the professional
requirements established by the rules of the Teacher Standards and Practices
Commission.
     (2)(a) A basic teaching license shall be
issued on application to an otherwise qualified person who has completed an
approved teacher education program and meets the other requirements that the
Teacher Standards and Practices Commission may consider necessary to maintain
and improve quality of instruction in the public schools of the state.
     (b) Holders of the basic teaching license
who meet the requirements of the Teacher Standards and Practices Commission to
teach in the regular classroom program of the public schools in kindergarten
through grade nine may renew the basic license to qualify them to continue in
such teaching by verification of successful teaching experience and of
continuing professional development in keeping with Teacher Standards and
Practices Commission rules.
     (c) A holder of the basic teaching license
with an endorsement in art, educational media, foreign language, health, home
economics, industrial arts, music, physical education and reading may renew the
initial basic license by verification of successful teaching experience and of
continuing professional development in keeping with Teacher Standards and
Practices Commission rules. This paragraph applies to licenses for preprimary
programs and grades 1 through 8 and shall include grade 9 if the teacher is
teaching in a middle school or a junior high.
     (d) Secondary teachers may teach in the
public schools, grades 5 through 12, in those subject fields in which they have
met the requirements of the Teacher Standards and Practices Commission.
     (e) A holder of a standard teaching
license who meets the requirements of the Teacher Standards and Practices
Commission to teach in the regular classroom program of the public schools in
kindergarten through grade 12 is eligible to renew the standard license to
qualify to continue in such teaching by verification of successful teaching
experience and of continuing professional development consistent with rules of
the Teacher Standards and Practices Commission.
     (3)(a) A standard teaching license shall
be issued on application to an otherwise qualified person who has completed an
approved teacher education program, has taught on a basic teaching license for
a minimum period of time to be determined by the Teacher Standards and
Practices Commission, and is recommended for licensing by the approved teacher
education institution or the school district, whichever offered the program.
     (b) Preparation shall be a planned
education program consisting of courses taken in an approved teacher education
institution or in an in-service training program offered by a school district
for which credit is given by an approved teacher education institution or some
combination of both, in accordance with rules of the Teacher Standards and
Practices Commission.
     (4) Notwithstanding subsection (2) of this
section, the Teacher Standards and Practices Commission shall by rule adopt
dates by which continuing professional development is required for renewal of a
basic or standard teaching license. [1961 c.439 §4; 1965 c.100 §354; 1965 c.550
§3; 1973 c.270 §5; 1989 c.521 §1; 1993 c.45 §157; 1997 c.383 §6; 2005 c.209 §36]
     Note: See note under 342.125.
     342.136
Initial teaching, personnel service and administrative licenses; renewal. (1) An initial teaching, personnel service
or administrative license shall qualify its holder to accept any assignment
from preprimary through grade 12 for which the holder has completed the
requirements established by the rules of the Teacher Standards and Practices
Commission.
     (2) An initial license shall be issued on
application to an otherwise qualified person who has completed an approved
professional education program and meets such other requirements as the
commission may consider necessary to maintain and improve the quality of
instruction in the public schools of the state.
     (3) An initial license may be renewed if
the applicant meets the requirements established by the commission by rule. [1997
c.383 §4; 2003 c.525 §1]
     342.138
Continuing teaching, personnel service and administrative licenses;
qualifications for continuing license; renewal. (1) A continuing teaching, personnel service
or administrative license shall qualify the holder to accept any assignments
for preprimary through grade 12 for which the holder has completed the advanced
requirements established by the rules of the Teacher Standards and Practices
Commission.
     (2) A continuing license shall be issued
on application for five years to an otherwise qualified person who has:
     (a) Completed an advanced professional
education program approved by the commission;
     (b) Been employed for a minimum period of
time to be determined by the commission in:
     (A) An
     (B) An Oregon private school that meets
the standards adopted by the commission by rule or is registered as a private
school under ORS 345.505 to 345.575; or
     (C) Another educational setting approved
by the commission; and
     (c) Demonstrated minimum competencies,
knowledge and skills required for the continuing license through an approved
teacher education institution, school district, professional organization
identified in ORS 342.121, or professional assessment approved by the
commission.
     (3) The holder of a continuing license may
renew the continuing license in accordance with the rules of the commission. [1997
c.383 §5; 2003 c.525 §2]
     342.140
Administrative license. (1)
An administrative license shall qualify its holder to serve in any
administrative assignment for which the holder has completed the professional
requirements established by the rules of the Teacher Standards and Practices
Commission.
     (2) An administrative license shall be
issued and renewed on application to an otherwise qualified person who meets
such requirements as to professional preparation and experience as the Teacher
Standards and Practices Commission may establish. [1961 c.439 §5; 1965 c.100 §355;
1973 c.270 §6; 1991 c.662 §6]
     342.143
Issuance of licenses and registrations. (1) No teaching, personnel service or administrative license shall 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 it may
deem necessary to establish the applicantÂ’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
and notwithstanding ORS 670.280:
     (a) No teaching, personnel service or
administrative license or registration as a public charter school teacher or
administrator shall be issued to any person who:
     (A) Has been convicted of a crime listed
in ORS 163.095, 163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427, 163.432,
163.433, 163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575,
163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition), 163.684,
163.686, 163.687, 163.688, 163.689, 164.325, 164.415, 166.005, 166.087,
167.007, 167.012, 167.017, 167.054, 167.057, 167.062, 167.075, 167.080,
167.090, 475.848, 475.852, 475.858, 475.860, 475.862, 475.864 (4), 475.868,
475.872, 475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or
475.906;
     (B) Has been convicted under ORS 161.405
of an attempt to commit any of the crimes listed in subparagraph (A) of this
paragraph; or
     (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.
     (b) The Teacher Standards and Practices
Commission may refuse to issue a license or registration to any person who has
been convicted of a crime involving the illegal use, sale or possession of
controlled substances.
     (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 and 342.177.
     (5) The Department of Education shall
provide school districts and public charter schools a copy of the list
contained in subsection (3) of this section. [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]
     342.144
American Indian languages teaching license. (1) As used in this section, “American Indian tribe” means an Indian
tribe as that term is defined in ORS 97.740.
     (2) The Legislative Assembly declares that
teaching American Indian languages is essential to the proper education of
American Indian children.
     (3) The Teacher Standards and Practices
Commission shall establish an American Indian languages teaching license.
     (4) Each American Indian tribe may develop
a written and oral test that must be successfully completed by an applicant for
an American Indian languages teaching license in order to determine whether the
applicant is qualified to teach the tribeÂ’s native language. When developing
the test, the tribe shall determine:
     (a) Which dialects will be used on the
test;
     (b) Whether the tribe will standardize the
tribeÂ’s writing system; and
     (c) How the teaching methods will be
evaluated in the classroom.
     (5) The test shall be administered at an
appropriate location that does not create hardship for the tribal members
administering the test.
     (6) The commission may not require an
applicant to hold a specific academic degree, to complete a specific amount of
education or to complete a teacher education program to receive an American
Indian languages teaching license.
     (7)(a) An American Indian languages
teaching license qualifies the holder to accept a teaching position in a school
district, public charter school, education service district, community college
or state institution of higher education.
     (b) A holder of an American Indian
languages teaching license who does not also have a teaching license issued
under ORS 342.125 may not teach in a school district or education service
district any subject other than the American Indian language the holder of the
license is approved to teach by the tribe.
     (c) A holder of an American Indian
languages teaching license who does not also have a teaching license or
registration issued under ORS 342.125 may not teach in a public charter school
any subject other than the American Indian language the holder of the license
is approved to teach by the tribe.
     (8)(a) As used in this subsection, “technical
assistance program” means a program provided to an American Indian languages
teacher by a licensed teacher with three or more years of teaching experience.
A technical assistance program may include direct classroom observation and
consultation, assistance in instructional planning and preparation, support in
implementation and delivery of classroom instruction, and other assistance
intended to enhance the professional performance and development of the
American Indian languages teacher.
     (b) The holder of an American Indian
languages teaching license who does not also have an administrative license,
teaching license or registration issued under ORS 342.125 and who is employed
by a school district, public charter school or education service district shall
participate in a technical assistance program with a person holding a teaching
license issued by the commission under ORS 342.125. The technical assistance
program shall meet the guidelines specified in ORS 329.815 (2) to (4).
     (9) An American Indian languages teaching
license shall be valid for three years and may be renewed upon application from
the holder of the license. [2001 c.653 §2; 2007 c.71 §94; 2007 c.863 §9]
     Note: The amendments to 342.144 by section 9,
chapter 863, Oregon Laws 2007, first apply to beginning teacher and
administrator mentorship programs administered during the 2008-2009 school
year. See section 10, chapter 863, Oregon Laws 2007. The text that applies
prior to the 2008-2009 school year, including amendments by section 94, chapter
71, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     342.144. (1) As used in this section, “American
Indian tribe” means an Indian tribe as that term is defined in ORS 97.740.
     (2) The Legislative Assembly declares that
teaching American Indian languages is essential to the proper education of
American Indian children.
     (3) The Teacher Standards and Practices
Commission shall establish an American Indian languages teaching license.
     (4) Each American Indian tribe may develop
a written and oral test that must be successfully completed by an applicant for
an American Indian languages teaching license in order to determine whether the
applicant is qualified to teach the tribeÂ’s native language. When developing
the test, the tribe shall determine:
     (a) Which dialects will be used on the
test;
     (b) Whether the tribe will standardize the
tribeÂ’s writing system; and
     (c) How the teaching methods will be
evaluated in the classroom.
     (5) The test shall be administered at an
appropriate location that does not create hardship for the tribal members
administering the test.
     (6) The commission may not require an
applicant to hold a specific academic degree, to complete a specific amount of
education or to complete a teacher education program to receive an American
Indian languages teaching license.
     (7)(a) An American Indian languages
teaching license qualifies the holder to accept a teaching position in a school
district, public charter school, education service district, community college
or state institution of higher education.
     (b) A holder of an American Indian
languages teaching license who does not also have a teaching license issued
under ORS 342.125 may not teach in a school district or education service
district any subject other than the American Indian language the holder of the
license is approved to teach by the tribe.
     (c) A holder of an American Indian
languages teaching license who does not also have a teaching license or
registration issued under ORS 342.125 may not teach in a public charter school
any subject other than the American Indian language the holder of the license
is approved to teach by the tribe.
     (8)(a) As used in this subsection, “technical
assistance program” means a program provided to an American Indian languages
teacher by a licensed teacher with three or more years of teaching experience.
A technical assistance program may include direct classroom observation and
consultation, assistance in instructional planning and preparation, support in
implementation and delivery of classroom instruction, and other assistance
intended to enhance the professional performance and development of the
American Indian languages teacher.
     (b) The holder of an American Indian
languages teaching license who does not also have an administrative license,
teaching license or registration issued under ORS 342.125 and who is employed
by a school district, public charter school or education service district shall
participate in a technical assistance program with a person holding a teaching
license issued by the commission under ORS 342.125. The technical assistance
program shall meet the guidelines specified in ORS 329.815 (1) to (3).
     (9) An American Indian languages teaching
license shall be valid for three years and may be renewed upon application from
the holder of the license.
     342.145 [1961 c.439 §6; 1965 c.100 §356; repealed by
1965 c.550 §6]
     342.147
Approval of teacher education institutions and programs; rules. (1) After considering recommendations of the
State Board of Education, the Teacher Standards and Practices Commission shall
establish by rule standards for approval of teacher education institutions and
teacher education programs. Public teacher education institutions shall be
approved for programs of more than four yearsÂ’ duration only if teacher
education programs which are reasonably attainable in a four-year period are
also available in the system of higher education and are designed to culminate
in a baccalaureate degree that qualifies its graduates for entry-level teaching
licenses.
     (2) The commission shall establish rules
that allow teacher education programs leading to graduate degrees to commence
prior to the studentÂ’s completion of baccalaureate degree requirements and that
allow the combined use of undergraduate and graduate level course work in
achieving program completion.
     (3) Whenever any teacher education
institution or program is denied approved status or has such status withdrawn
such denial or withdrawal must be treated as a contested case within the
meaning of ORS chapter 183.
     (4) Nothing in this section is intended to
grant any authority to the commission relating to granting of degrees or
establishing degree requirements that are within the authority of the State
Board of Higher Education or any institutions under its jurisdiction or that
are within the authority of the governing board of any private institution of
higher education. [1973 c.270 §19; 1989 c.521 §2; 1989 c.690 §3; 1993 c.45 §159]
     342.150 [1961 c.439 §7; 1963 c.173 §1; 1965 c.100 §357;
repealed by 1965 c.550 §6]
     342.153
Proficiency in Braille required for teaching license to provide education to
blind students. (1) Any
applicant for a teaching license to provide education to students who are
blind, as defined in ORS 343.565, shall be required to demonstrate proficiency
in reading and writing Braille, as defined in ORS 343.565.
     (2) Any applicant for a teaching license
to provide education to students who are blind shall be required to demonstrate
proficiency by completion of grade I and grade II Braille coursework at a
college level.
     (3) The Teacher Standards and Practices
Commission shall adopt procedures to assess the proficiencies developed through
workshops and courses in grade I and grade II Braille that are consistent with
standards set by the National Library Service for the Blind and Physically
Handicapped at the Library of Congress. [1993 c.380 §8; 1995 c.798 §2]
     Note: 342.153 was added to and made a part of
342.120 to 342.430, but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.
     342.155 [1961 c.439 §8; 1965 c.100 §358; 1989 c.125 §2;
repealed by 1993 c.45 §160]
     342.160 [1961 c.439 §9; repealed by 1965 c.100 §456
and 1965 c.550 §6]
     342.165
Commission rules. (1)
Pursuant to ORS chapter 183, the Teacher Standards and Practices Commission
shall adopt rules necessary for the issuance, denial, continuation, renewal,
lapse, revocation, suspension or reinstatement of licenses or registrations
issued under ORS 342.120 to 342.430. The commission shall also adopt rules
establishing means in addition to those prescribed by law whereby teachers are
able to add additional endorsements to their teaching licenses.
     (2) In establishing rules the commission
shall consider:
     (a) Its responsibilities to represent the
public interest in the development of educational policies;
     (b) The capabilities of
     (c) The norms required for the teaching
assignments;
     (d) The improvement of teaching;
     (e) The adequacy of the teacher supply;
     (f) The value of experience or nonacademic
learning;
     (g) The responsibilities imposed upon
school districts by geographic and demographic conditions;
     (h) The recommendations of the State Board
of Education and Superintendent of Public Instruction; and
     (i) Other matters that tend to improve
education. [1961 c.439 §10; 1965 c.100 §359; 1965 c.535 §10; 1973 c.270 §8;
1979 c.307 §1; 1993 c.45 §161; 1999 c.199 §5; 2005 c.209 §37]
     342.167
State board review of rules.
(1) The Teacher Standards and Practices Commission shall notify the State Board
of Education of proposed rules and shall solicit its advice before adoption.
     (2) Within 60 days after receiving notice
from the commission of adoption of a rule, the state board on its motion or
upon request shall review the rule to determine if the rule serves the public
interest.
     (3) Where the state board finds pursuant
to its review as held under subsection (2) of this section that the rule
reviewed is not in the public interest, the state board shall request the
commission to set aside or amend the rule. [1973 c.270 §20; 1993 c.45 §163]
     Note: 342.167 and 342.169 were added to and made a
part of 342.120 to 342.430 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     342.169
Required ratio of pupils to staff holders of first aid cards; exceptions;
rules. (1) The State Board
of Education shall establish by rule the ratio of the number of pupils to the
number of staff members who must hold current, recognized first aid cards in
each school.
     (2) In order to attain or maintain the
ratio set under subsection (1) of this section, the district may require any
staff member as a condition of employment to hold a current, recognized first
aid card. The staff member shall have 90 days from the date on which the
district imposes the requirement to obtain the first aid card.
     (3) The district shall waive the
requirement of subsection (2) of this section for any staff member who has had
the requirement waived by the Teacher Standards and Practices Commission and
may waive the requirement for other staff who are unable by reason of
disability to obtain recognized first aid cards.
     (4) The district shall certify annually to
the Department of Education that it complies with the ratio requirement set
under subsection (1) of this section. [1981 c.180 §3; 1993 c.45 §165]
     Note: See note under 342.167.
     342.170 [1961 c.439 §11; 1965 c.100 §360; repealed
by 1965 c.535 §17]
     342.173
Effect of employing unlicensed teacher or administrator by certain districts. (1) Any school district which employs any
person not properly licensed by the Teacher Standards and Practices Commission
and assigned in accordance with the terms specified by the personÂ’s license
shall forfeit in State School Fund moneys due the district an amount determined
by the Teacher Standards and Practices Commission to not exceed the amount of
the salary paid to the person for the time during which the person is employed.
The forfeiture shall be effective unless:
     (a) Such assignments are made with
justification satisfactory to the Teacher Standards and Practices Commission.
     (b) The teacher is employed by a
post-secondary institution accredited by the Northwest Association of Schools
and Colleges which has a contract with a school district under which the
teacher is teaching at the high school level. The contract shall be approved
annually by the State Board of Education under rules adopted by the board,
including criteria for a teacherÂ’s qualifications under subparagraph (C) of
this paragraph. The contract shall:
     (A) Be for a specific instructional
assignment for which the district does not have appropriately licensed
personnel either on staff or available to be placed on staff after a reasonably
diligent search;
     (B) Be approved annually by the governing
boards of the post-secondary institution and the school district including a
written determination that appropriately licensed personnel have not become
available since the previous contract for the assignment;
     (C) Provide evidence that the teacher’s
qualifications are appropriate for the assignment;
     (D) Allow the teacher to teach no more
than two high school units of credit or the equivalent per year; and
     (E) Not be valid during a school closure,
strike or summer session.
     (c) The person is teaching a live,
interactive distance learning course originating outside the state.
     (2) A school district shall be required
under subsection (1) of this section to forfeit not more than $1,000 of State
School Fund moneys due the district if the license has lapsed during the time
of employment with the district and the holder had at the time the license
expired all the qualifications necessary to renew the license.
     (3) Notwithstanding subsections (1) and
(2) of this section, a school district employing unlicensed staff members in
positions requiring licensed personnel during the time of a labor dispute shall
forfeit in State School Fund moneys an amount equal to the daily salary rate
multiplied by the number of teaching days for each unlicensed teaching employee
during the entire labor dispute.
     (4) If the State Board of Education finds
a contract to be in violation of the provisions of subsection (1)(b) of this
section, the board shall report the violation to the Teacher Standards and Practices
Commission which shall proceed as provided in subsection (1) of this section.
     (5) Any education service district that
employs any person not properly licensed by the Teacher Standards and Practices
Commission and assigned in accordance with the terms specified in the personÂ’s
license shall pay from its funds an amount determined by the Teacher Standards
and Practices Commission not to exceed the amount of salary paid to the person
for the time during which the person was employed. The payment shall be
required unless the assignment is made with justification satisfactory to the
commission. All amounts received under this subsection shall be credited to the
State School Fund.
     (6) An education service district shall be
required under subsection (5) of this section to pay a penalty of not more than
$1,000 if the license has lapsed during the time of employment with the
district and the holder had at the time the license expired all the
qualifications necessary to renew the license.
     (7) Subject to any applicable collective
bargaining agreement, an education service district required to pay any penalty
under subsection (6) of this section is entitled to recover one-half of the
amounts paid from the licensed personnel whose unlicensed status caused the payment.
Recovery shall not exceed one-half of the amount paid that is attributable to
the licensed person.
     (8) The Teacher Standards and Practices
Commission shall notify districts of the licensing expiration dates of their
employees who are reported to the commission. The reporting shall be done in a
manner specified by the commission.
     (9) Subject to any applicable collective
bargaining agreement, a district required to forfeit any State School Fund
moneys under subsection (2) of this section is entitled to recover one-half of
the amounts forfeited from the licensed personnel whose unlicensed status
caused the forfeiture. Recovery shall not exceed one-half of the amount
forfeited that is attributable to the particular licensed person.
     (10) A school district or education
service district that assigns a teacher to be present in the classroom during a
live, interactive distance learning presentation shall not be subject to the
forfeiture described in subsection (1) of this section solely because the
assignment does not conform to the terms specified on the license of the
teacher. [1965 c.100 §353; 1975 c.278 §2; 1977 c.635 §10; 1979 c.307 §2; 1981
c.469 §1; 1981 c.663 §4; 1987 c.401 §1; 1987 c.503 §1a; 1989 c.150 §1; 1989
c.162 §1; 1989 c.493 §1; 1991 c.67 §83; 1991 c.710 §2; 1991 c.780 §§22,23; 1997
c.383 §12]
     342.174 [1975 c.278 §7; 1987 c.320 §156; 1993 c.45 §167;
renumbered 179.405 in 1993]
(Discipline)
     342.175
Grounds for discipline; reinstatement. (1) The Teacher Standards and Practices Commission may suspend or
revoke the license or registration of a teacher or administrator, discipline a
teacher or administrator or suspend or revoke the right of any person to apply
for a license or registration if the person has held a license or registration
at any time within five years prior to issuance of the notice of charges under
ORS 342.176 based on the following:
     (a) Conviction of a crime not listed in
ORS 342.143 (3);
     (b) Gross neglect of duty;
     (c) Any gross unfitness;
     (d) Conviction of a crime for violating
any law of this or any state or of the United States involving the illegal use,
sale or possession of controlled substances;
     (e) Any false statement knowingly made in
an application for issuance, renewal or reinstatement of a license or
registration; or
     (f) Failure to comply with any condition
of reinstatement under subsection (3) of this section or any condition of
probation under ORS 342.177 (3)(b).
     (2) Notwithstanding ORS 670.280, the
commission shall revoke any license or registration and shall revoke the right
of any person to apply for a license or registration if the person has held a
license or registration at any time within five years prior to issuance of the
notice of charges under ORS 342.176 when the holder or person has been convicted
of any crime described in ORS 342.143 (3).
     (3) Except for convictions for crimes
listed in ORS 342.143 (3) and subject to subsection (4) of this section, any
person whose license or registration has been suspended or revoked or whose
privilege to apply for a license or registration has been revoked may apply to
the commission for reinstatement of the license or registration after one year
from the date of the suspension or revocation. The commission may require an
applicant for reinstatement to furnish evidence satisfactory to the commission
of good moral character, mental and physical health and such other evidence as
the commission may consider necessary to establish the applicantÂ’s fitness. The
commission may impose a probationary period and such conditions as it considers
necessary upon approving an application for reinstatement.
     (4) The commission shall reconsider
immediately a license or registration suspension or revocation or the situation
of a person whose privilege to apply for a license or registration has been
revoked, upon application therefor, when the license or registration suspension
or revocation or the privilege revocation is based on a criminal conviction
that is reversed on appeal.
     (5) Violation of rules adopted by the
commission relating to competent and ethical performance of professional duties
shall be admissible as evidence of gross neglect of duty or gross unfitness.
     (6) A copy of the record of conviction,
certified to by the clerk of the court entering the conviction, shall be conclusive
evidence of a conviction described in this section. [Formerly 342.070; 1965
c.100 §361; 1971 c.743 §358; 1973 c.228 §1; 1979 c.226 §1; 1979 c.226 §1; 1979
c.307 §3a; 1987 c.158 §59; 1987 c.503 §7; 1991 c.662 §1; 1993 c.45 §168; 1993
c.301 §7; 1993 c.603 §1; 1995 c.768 §15; 1997 c.383 §15; 1997 c.864 §19; 1999
c.199 §10; 1999 c.308 §2; 2007 c.575 §12]
     342.176
Preliminary investigation of complaint; materials confidential; notice. (1) Upon receipt of a complaint or
information that a person has violated ORS 342.143 or 342.175, the Teacher
Standards and Practices Commission shall promptly undertake an investigation.
     (2) The commission may appoint an
investigator and shall furnish the investigator with appropriate professional
and other special assistance reasonably required to conduct the investigation,
and the investigator is empowered to subpoena witnesses over the signature of
the executive director, swear witnesses and compel obedience in the same manner
as provided under ORS 183.440 (2).
     (3) Following completion of the
investigation, the executive director shall report in writing any findings and
recommendations to:
     (a) The commission, meeting in executive
session, at its next regular meeting following completion of the investigation;
and
     (b) The person against whom the charge is
made.
     (4) The documents and materials used in
the investigation and the report of the executive director are confidential and
not subject to public inspection unless the commission makes a final
determination that the person charged has violated ORS 342.143 or 342.175.
     (5) If the commission finds from the
report that there is sufficient cause to justify holding a hearing under ORS
342.177, it 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.
     (6) If the commission finds from the
report that there is not sufficient cause to justify holding a hearing under ORS
342.177, it shall notify in writing:
     (a) The person charged;
     (b) The complainant; and
     (c) The employing district or public
charter school, if any.
     (7) 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. [1979 c.226 §2;
1987 c.503 §2; 1989 c.149 §1; 1991 c.662 §2; 1997 c.165 §2; 1997 c.594 §2; 2003
c.524 §5; 2007 c.575 §13]
     342.177
Hearing and decision on charges; notice. (1)(a) Hearings under ORS 342.176 shall be conducted by an
administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605.
     (b) Notwithstanding paragraph (a) of this
subsection, the Teacher Standards and Practices Commission shall conduct any
hearing that results from the suspension of the teaching license of a teacher
under ORS 342.553.
     (c) Any hearing conducted under this
subsection shall be private unless the person against whom the charge is made
requests a public hearing. Students attending school in the district that
employs the person 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 against whom the charge is made shall have the right to be represented
by counsel and to present evidence and argument. 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. 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 privilege to apply for a
license or registration.
     (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, the school district or public charter school by which the
person is employed and the Superintendent of Public Instruction of the
decision. [1965 c.100 §363; 1965 c.535 §11; 1973 c.228 §2; 1979 c.226 §3; 1989
c.149 §2; 1991 c.662 §3; 1997 c.165 §3; 1999 c.849 §§69,70; 2003 c.75 §33; 2005
c.444 §1; 2007 c.575 §14]
     342.180
Appeal. (1) Any person whose
license or registration has been suspended or revoked or who has been
disciplined, or who has been refused issuance or reinstatement of a license or
registration, and is aggrieved at the decision of the Teacher Standards and
Practices Commission, may appeal in the manner provided in ORS 183.480.
     (2) If the Superintendent of Public
Instruction, the district school board or the public charter school employing
the teacher or administrator is aggrieved at the decision of the commission,
the superintendent, the board or the school may appeal from the decision in the
manner provided in ORS 183.480.
     (3) Unless the decision of the commission
is accompanied by a finding that immediate suspension or revocation of the
teaching license or registration is necessary to protect the safety and
well-being of students, an appeal made under this section in a proceeding to
suspend or revoke shall operate as a stay of the suspension or revocation, if
any, until the determination of the appeal. [Formerly 342.075; 1965 c.100 §364;
1973 c.228 §3; 1999 c.199 §7]
     342.185 [1961 c.677 §3; 1965 c.100 §365; repealed by
1973 c.228 §10]
     342.190
Administrative Procedures Act not applicable to proceedings for reinstatement,
revocation or suspension.
Except as otherwise specifically provided, ORS chapter 183 does not apply to
proceedings under ORS 342.175, 342.177 and 342.180. [1961 c.677 §4; 1965 c.100 §366;
1973 c.228 §4]
(Miscellaneous)
     342.195
Teaching licenses based on experience in certain federal programs. Upon payment of the required fees, an
otherwise qualified applicant for an initial or basic teaching license shall be
granted the license upon showing by proof satisfactory to the Teacher Standards
and Practices Commission that the applicant has completed under an Armed Forces
of the United States or Peace Corps program, or as a volunteer under section
603 of the Economic Opportunity Act of 1964 (Public Law 88-452), two years of
satisfactory service which emphasized teaching in any preprimary program or in
any grades 1 through 12 in subjects regularly taught in public schools if the
applicant either:
     (1) Has completed an approved teacher
education program; or
     (2) Has at least the baccalaureate degree
from an accredited institution of higher education and has completed a teacher
training program provided under the auspices of the federal program. [1967
c.304 §2; 1973 c.270 §9; 1993 c.45 §307; 1997 c.383 §13]
     342.200
Administrative licenses based on professional skills and experience. In order to allow the school districts of
the state to take full advantage of various professional skills and disciplines
not directly developed through teaching experience or professional education
for which teaching experience is a prerequisite, it is the public policy of the
State of Oregon that the Teacher Standards and Practices Commission, in
establishing professional requirements and experience under ORS 342.140, shall
consider professional skills, education and experience not directly related to,
nor contingent upon, teaching experience or training as a classroom teacher. [1971
c.570 §1; 1973 c.270 §10]
     342.203
Circulation of list of teachers and administrators subjected to discipline. (1) Annually not later than March 1, the
Teacher Standards and Practices Commission shall cause to be circulated among
all of the common and union high school districts and education service
districts in this state a list of all teachers and administrators whose
teaching or administrative licenses have been suspended or revoked or who have
been reprimanded or placed on probation during the preceding 12 months.
     (2) If the decision of the commission is
appealed under ORS 342.180, the teacherÂ’s or administratorÂ’s name shall not be
placed on the list authorized by subsection (1) of this section unless and
until such decision has been sustained by the Court of Appeals or until the
appeal has been dropped. [1973 c.228 §5; 1993 c.45 §169]
     342.205 [Repealed by 1965 c.608 §21]
     342.210 [Amended by 1955 c.281 §1; 1959 c.433 §1;
repealed by 1965 c.608 §21]
     342.215 [Repealed by 1957 c.591 §1]
     342.216 [1957 c.590 §2; repealed by 1965 c.608 §21]
     342.218 [1961 c.69 §§2,3; repealed by 1965 c.608 §21]
     342.220 [Amended by 1957 c.591 §2; repealed by 1965
c.608 §21]
(Criminal
Records Check)
     342.223
Criminal records check; effect of making false statement; appeal of refusal to
issue or renew license or registration. (1) For the purpose of requesting a state or nationwide criminal
records check under ORS 181.534, the Teacher Standards and Practices Commission
may require the fingerprints of:
     (a) A person who is applying for initial
issuance of a license under ORS 342.120 to 342.430 as a teacher, administrator
or personnel specialist if the person has not submitted to a criminal records
check by the commission within the previous year.
     (b) A person who is applying for
reinstatement of a license as a teacher, administrator or personnel specialist
whose license has lapsed for at least three years.
     (c) A person who is applying for initial
issuance of a certificate under ORS 342.475 as a school nurse.
     (d) A person who is registering with the
commission for student teaching, practicum or internship as a teacher,
administrator or personnel specialist, if the person has not submitted to a
criminal records check by the commission within the previous year for student
teaching, practicum or internship as a teacher, administrator or personnel
specialist.
     (e) A person who is applying for initial
issuance of a registration as a public charter school teacher or administrator
under ORS 342.125.
     (2) The making of any false statement as
to the conviction of a crime is grounds for refusal to issue, renew or reinstate
a license, certificate or registration and is in addition to the grounds stated
in ORS 342.143.
     (3) A person may appeal the refusal to
issue an initial license, certificate or registration under this section as a
contested case under ORS 183.413 to 183.470, but the refusal to renew or
reinstate a license or registration is subject to ORS 342.175 to 342.180, and
the commission shall notify the person of the right to appeal. [1993 c.674 §5;
1995 c.446 §9; 1999 c.199 §9; 2001 c.407 §5; 2005 c.730 §19; 2007 c.35 §2; 2007
c.575 §15a]
     342.225 [Amended by 1957 c.591 §3; repealed by 1965
c.608 §21]
     342.227
Issuance of temporary license or certificate pending result of check. The Teacher Standards and Practices
Commission may issue to an individual a temporary license or certificate as a
teacher, administrator, personnel specialist or school nurse pending the return
of the criminal records check by the Federal Bureau of Investigation. [1993
c.674 §6]
     342.230 [Amended by 1957 c.591 §4; repealed by 1965
c.608 §21]
     342.232
Employment pending result of check. (1) A school district, education service district, private school or
public charter school may authorize a person described under ORS 326.603
(1)(a), (d) or (e) to begin carrying out the terms of a contract pending the
return of a state or nationwide criminal records check.
     (2) A school district, education service
district, private school or public charter school may hire on a probationary
basis a person described under ORS 326.603 (1)(b) or (e) pending the return of
the criminal records check. [1993 c.674 §6a; 1995 c.67 §41; 1997 c.536 §4; 1999
c.200 §34; 1999 c.1054 §6; 2001 c.407 §6; 2005 c.730 §20; 2007 c.35 §4]
     342.235 [Amended by 1959 c.433 §2; repealed by 1965
c.608 §21]
     342.240 [Repealed by 1965 c.608 §21]
     342.245 [Repealed by 1965 c.608 §21]
     342.250 [Amended by 1957 c.211 §1; repealed by 1965
c.608 §21]
     342.252 [1955 c.281 §3; repealed by 1965 c.608 §21]
     342.255 [Repealed by 1965 c.608 §21]
     342.260 [Repealed by 1965 c.608 §21]
     342.265 [Repealed by 1965 c.608 §21]
     342.270 [Repealed by 1965 c.608 §21]
     342.275 [Repealed by 1965 c.608 §21]
     342.280 [Repealed by 1965 c.608 §21]
     342.285 [Repealed by 1965 c.608 §21]
     342.290 [Repealed by 1965 c.608 §21]
     342.295 [Repealed by 1965 c.608 §21]
     342.300 [Repealed by 1965 c.608 §21]
     342.305 [Repealed by 1965 c.608 §21]
     342.310 [Repealed by 1965 c.608 §21]
     342.315 [Repealed by 1965 c.608 §21]
     342.320 [Repealed by 1965 c.608 §21]
     342.325 [Repealed by 1965 c.608 §21]
     342.330 [Amended by 1953 c.638 §2; 1959 c.400 §4;
repealed by 1965 c.608 §21]
     342.340 [1965 c.535 §1; 1975 c.278 §3; 1991 c.144 §2;
repealed by 1993 c.45 §170]
TEACHER
STANDARDS AND PRACTICES COMMISSION
     342.350
Commission established; confirmation; term; vacancy; effect of change in
circumstances. (1) There is
created a Teacher Standards and Practices Commission consisting of 17 members
appointed by the Governor subject to confirmation by the Senate in the manner
provided in ORS 171.562 and 171.565.
     (2) The term of office of a member is
three years. Before the expiration of the term of a member, the Governor shall
appoint a successor to assume the duties on January 1 next following. A member
is eligible for reappointment but only for one additional term. In case of a
vacancy for any cause, the Governor shall make an appointment to become
immediately effective for the unexpired term.
     (3) Any member who through change of
employment standing or other circumstances no longer meets the criteria for the
position to which the member was appointed shall no longer be eligible to serve
in that position, and the position on the commission shall become vacant 60
days following the member’s change in circumstances. [1965 c.535 §2; 1973 c.270
§11; 1975 c.278 §4; 1979 c.307 §4]
     342.360
Members; qualifications. (1)
The membership of the Teacher Standards and Practices Commission shall consist
of:
     (a) Four elementary teachers;
     (b) Four junior or senior high school
teachers;
     (c) One elementary school administrator;
     (d) One junior or senior high school
administrator;
     (e) One superintendent of city schools;
     (f) One county superintendent or a
superintendent employed by an education service district board;
     (g) One member from the faculty of an
approved private teacher education institution in
     (h) One member from the faculty of a state
institution of higher education;
     (i) One member who is also a member of a
district school board; and
     (j) Two members of the general public.
     (2) Except for those members appointed under
subsection (1)(i) and (j) of this section, members must have been actively
engaged in teaching, supervising or administering in the public schools or in
approved teacher education institutions in Oregon for the period of five years
immediately preceding appointment. Acting as an elected representative of
teachers, supervisors or administrators shall be considered teaching,
supervising or administering for the purposes of the five-year experience
requirement. In addition, members appointed under subsection (1)(a) to (f) of
this section must hold valid
     (3)(a) Throughout the term for which
appointed, one of the members appointed under subsection (1)(a) to (j) of this
section must hold a teaching license with an endorsement in some aspect of
special education or have demonstrated knowledge or experience in special
education.
     (b) As used in this subsection, “special
education” means specially designed education to meet the goals of the
individual education program of a child with a disability including regular
classroom instruction, instruction in physical education, home instruction,
related services and instruction in hospitals, institutions and special schools.
[1965 c.535 §3; 1973 c.270 §12; 1975 c.278 §5; 1979 c.307 §5; 1987 c.503 §9;
1989 c.244 §1; 1993 c.45 §171; 2005 c.209 §38; 2007 c.70 §101]
     342.370 [1965 c.535 §5; 1975 c.278 §6; repealed by
1979 c.307 §8]
     342.380
Organization. (1) The
Teacher Standards and Practices Commission shall select one of its members as
chairperson, and another as vice chairperson, for such terms and with such
powers and duties necessary for the performance of the functions of such
offices as the commission shall determine.
     (2) A majority of the commission
constitutes a quorum for the transaction of business. [1965 c.535 §6]
     342.390
Meetings; expenses. (1) The
Teacher Standards and Practices Commission shall meet at least once every six
months at a place, day and hour determined by the commission. The commission
shall also meet at such other times and places as are specified by the call of
the chairperson or of a majority of the members of the commission.
     (2) A member of the commission who is
employed at a public school or by a private teacher education institution or by
a state institution of higher education shall receive no compensation for
services as a member; but subject to any other applicable law regulating travel
and other expenses for state officers, the member shall receive actual and
necessary travel and other expenses incurred in the performance of official
duties as provided by ORS 292.495 (2).
     (3) A member of the commission who serves
on the commission in the capacity of a district school board member or as a
member of the general public shall be entitled to compensation and expenses as
provided in ORS 292.495 (1) and (2). [1965 c.535 §§7,8; 1991 c.662 §4; 1993
c.45 §172]
     342.400
Licensing requirements for out-of-state applicants; reciprocal agreements; rules. (1) Except as provided in subsection (4) of
this section, the Teacher Standards and Practices Commission shall not issue a
license to an out-of-state applicant unless the applicant has met the
professional requirements established by rule by the commission and has
completed a course of study substantially similar to that required for an
in-state applicant.
     (2) Notwithstanding subsection (1) of this
section, if the commission establishes that the position or positions to be
filled are in a geographic or subject matter area in which there are an
insufficient number of in-state applicants, the commission may issue a license
to an out-of-state applicant who has completed a course of study approved by
the commission.
     (3) In situations described in subsection
(2) of this section, the commission shall adopt by rule standards providing for
equal treatment for graduates of approved
     (4) Notwithstanding subsection (1) of this
section, the commission may enter into a reciprocal agreement with the
appropriate official of any other state for licensure of applicants from the
state if the commission determines that the standards and requirements for
certification or licensure in that state are substantially similar to the
standards and requirements for licensure under applicable statutes of this
state and rules of the commission.
     (5) Teachers granted licenses under
subsections (2), (3) and (4) of this section shall be required to meet all
standards required of Oregon teachers, including the requirements of ORS
342.123, not later than three years following the date of initial granting of
the license. [1965 c.535 §9; 1973 c.270 §13; 1979 c.307 §6; 1981 c.663 §5; 1987
c.503 §8; 1993 c.45 §173; 1993 c.333 §1]
     342.410
Executive director; employees.
The Teacher Standards and Practices Commission shall appoint a qualified person
as executive director and may, subject to the State Personnel Relations Law,
employ persons to provide such service as the commission shall require. [1965
c.535 §12; 1973 c.270 §14; 1997 c.165 §4]
     342.420
MemberÂ’s salary; reimbursement to district. (1) Membership on the Teacher Standards and Practices Commission shall
not affect a memberÂ’s compensation from the employer of the member or any other
benefits to which the member is entitled.
     (2) A school district required to employ a
substitute for a teacher or administrator who is absent from employment while
performing duties as a member of the Teacher Standards and Practices Commission
shall be entitled to reimbursement for the districtÂ’s actual expenses in
employing the substitute. Reimbursement for the expense of employing such
substitutes shall be made by the commission from the Teacher Standards and
Practices Commission Account. [1965 c.535 §13]
     342.430
Teacher Standards and Practices Commission Account; use. On or before the 10th day of each month, the
Teacher Standards and Practices Commission shall pay into the State Treasury
all moneys received under this chapter during the preceding calendar month. The
State Treasurer shall credit the moneys to the Teacher Standards and Practices
Commission Account. The moneys in the Teacher Standards and Practices
Commission Account are continuously appropriated to the commission for the
purpose of paying its administrative expenses. [1965 c.535 §15; 1967 c.637 §8;
1973 c.270 §15; 1993 c.45 §174]
MINORITY
TEACHER ACT
     342.433
Definitions for ORS 342.433 to 342.449. As used in ORS 342.433 to 342.449 and 351.077:
     (1) “Minority” means a person who is:
     (a) A person having origins in any of the
black racial groups of
     (b) A person of Hispanic culture or
origin;
     (c) A person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian subcontinent or
the Pacific Islands; or
     (d) An American Indian or Alaskan Native
having origins in any of the original peoples of
     (2) “Teacher” includes a teacher or an
administrator. [1991 c.434 §6; 1993 c.45 §175]
     342.435 [1977 c.635 §8; repealed by 1981 c.469 §6]
     342.437
Goals. The State of
     342.440 [1971 c.755 §2; repealed by 1973 c.536 §39]
     342.443
Reports to legislature; comparative data; data collection. (1) The Education and Workforce Policy
Advisor shall report biennially to the Legislative Assembly longitudinal data
on the number and percentage of:
     (a) Minority students enrolled in
community colleges;
     (b) Minority students applying for
admission to public four-year institutions of higher education;
     (c) Minority students accepted in public
four-year institutions of higher education;
     (d) Minority students graduated from
public four-year institutions of higher education;
     (e) Minority candidates seeking to enter
public teacher education programs in this state;
     (f) Minority candidates admitted to public
teacher education programs;
     (g) Minority candidates who have completed
approved public teacher education programs;
     (h) Minority candidates receiving
     (i) Minority teachers who are newly
employed in the public schools in this state; and
     (j) Minority teachers already employed in
the public schools.
     (2) The advisor also shall report
comparisons of minoritiesÂ’ and nonminoritiesÂ’ scores on basic skills, pedagogy
and subject matter tests.
     (3) The Oregon University System, the
Department of Education, the Teacher Standards and Practices Commission,
community colleges and school districts shall cooperate with the advisor in
collecting data and preparing the report. [1991 c.434 §3; 1997 c.652 §30]
     342.445 [1977 c.635 §9; renumbered 342.485]
     342.447
Plans for recruitment, admission, retention and graduation of minority
teachers; rules. (1) The
State Board of Higher Education shall require each public teacher education
program in this state to prepare a plan with specific goals, strategies and
deadlines for the recruitment, admission, retention and graduation of minority
teachers.
     (2) The state board shall review the plans
for the adequacy and feasibility of the plans and, after making necessary
revisions, shall adopt the plans.
     (3) The state board shall adopt rules
governing:
     (a) The contents of the plans;
     (b) The state board’s initial and biennial
review process, including timetables for revising plans; and
     (c) Other matters necessary for carrying
out the provisions of ORS 342.433 to 342.449 and 351.077. [1991 c.434 §4]
     342.449
Short title. ORS 342.433 to
342.449 and 351.077 shall be known and may be cited as the Minority Teacher Act
of 1991. [1991 c.434 §1]
     342.450 [1965 c.390 §1; 1969 c.647 §1; repealed by
1973 c.536 §39]
SCHOOL NURSES
     342.455
Definition of “school nurse.”
“School nurse” as used in ORS 342.465 and 342.475, means a registered nurse who
is certified by the Teacher Standards and Practices Commission as qualified to
conduct and coordinate the health services programs of a school. [Formerly
678.505]
     342.460 [1965 c.390 §§2,3; 1969 c.647 §2; 1971 c.755
§3; repealed by 1973 c.536 §39]
     342.465
Rules; notice if action taken on license. (1) The Teacher Standards and Practices Commission shall adopt by rule
standards necessary for the issuance, denial, continuation, renewal, lapse or
reinstatement of certificates issued under ORS 342.475 (1) to (3) and for
establishment and collection of fees for certification as a school nurse. The
commission may adopt by rule procedures for revocation of a certificate issued
under ORS 342.475 (1) to (3) that are consistent with ORS 342.175 to 342.190.
     (2) The Oregon State Board of Nursing
shall notify the commission whenever the board takes any action on a license
issued under ORS chapter 678 which might affect the ability of the license
holder to practice as a school nurse. [Formerly 678.525; 1993 c.45 §176]
     342.470 [1965 c.390 §4; 1969 c.647 §3; 1971 c.755 §4;
repealed by 1973 c.536 §39]
     342.475
School nurses; certificates.
(1) “School nurse” is established as a category of specialization in nursing.
     (2) The Teacher Standards and Practices
Commission shall issue a certificate as a school nurse to a person who complies
with the rules established by the commission for the certification and practice
of school nursing or who has been certified by the Oregon State Board of
Nursing as a school nurse practitioner. In establishing rules for the
certification and practice of any specialization of school nursing, the
commission shall consider the recommendations of the Oregon State Board of
Nursing.
     (3) The commission may issue an emergency
certificate that authorizes a person licensed as a registered nurse in this
state who does not meet the requirements of subsection (2) of this section to
practice as a school nurse. Such certificates shall be issued for a limited time
as set by the commission.
     (4) Notwithstanding subsections (1) to (3)
of this section, the commission shall issue a certificate in a school nurse
specialization category to a registered nurse who applies for certification and
who is employed by a school, school district or education service district to
conduct and coordinate a school or district health services program or who
serves in such a capacity on a voluntary basis on November 1, 1981. A
certificate issued under this subsection shall be issued without further proof
of qualification by the applicant.
     (5) A certificate issued under this
section is not a teaching license. The nurse holding a certificate issued under
this section is not subject to ORS 238.280 or 342.805 to 342.937. [Formerly
678.515]
     342.480 [1971 c.755 §5; repealed by 1973 c.536 §39]
     342.485
Commission to consult with and advise
     342.495
Holder of school nurse certificate qualified to conduct and coordinate health
services program. (1) The
holder of a school nurse certificate issued under ORS 342.475 (1) to (3) is
qualified to accept employment to conduct and coordinate the health services
programs of any public school in the State of
     (2) No school or school district is
required to employ as a nurse a person certified under ORS 342.475 (1) to (3). [Formerly
342.982]
     342.505 [Amended by 1955 c.219 §1; 1961 c.383 §1;
1965 c.100 §367; repealed by 1993 c.45 §177]
     342.508 [1957 c.446 §1; 1965 c.100 §368; 1965 c.608 §20;
repealed by 1973 c.298 §9]
     342.510 [Amended by 1965 c.100 §380; renumbered
342.965]
TEACHERSÂ’
CONTRACTS
     342.513
Renewal or nonrenewal of contracts for following year. (1) Each district school board shall give
written notice of the renewal or nonrenewal of the contract for the following
school year by March 15 of each year to all teachers and administrators in its
employ who are not contract teachers as defined in ORS 342.815. In case the
district school board does not renew the contract, the material reason therefor
shall, at the request of the teacher or administrator, be included in the
records of the school district, and the board shall furnish a statement of the
reason for nonrenewal to the teacher or administrator. If any district school
board fails to give such notice by March 15, the contract shall be considered
renewed for the following school year at a salary not less than that being
received at the time of renewal. The teacher or administrator may bring an
action of mandamus to compel the district school board to issue such a contract
for the following school year.
     (2) This section is not effective unless
teachers or administrators notify the board in writing on or before April 15 of
acceptance or rejection of the position for the following school year. [Formerly
342.635; 1975 c.770 §47; 1979 c.714 §1; 1997 c.864 §24; 2005 c.22 §236]
     342.515 [Amended by 1965 c.100 §381; repealed by
1993 c.45 §178]
     342.520 [Amended by 1959 c.361 §1; 1965 c.100 §382;
renumbered 342.970]
     342.525 [Amended by 1965 c.100 §383; renumbered
342.613]
     342.530 [Amended by 1965 c.100 §370; 1967 c.324 §1;
1969 c.84 §1; repealed by 1973 c.298 §9]
     342.535 [Amended by 1965 c.100 §371; repealed by
1969 c.84 §2]
     342.540 [Amended by 1965 c.100 §372; repealed by
1969 c.84 §2]
     342.545
Termination of teacherÂ’s contract; release. (1) Sickness or other unavoidable circumstances which prevent the
teacher from teaching 20 school days immediately following exhaustion of sick
leave accumulated under ORS 332.507 shall be sufficient reason for the school
board to place the teacher on leave without pay for the remainder of the
regular school year and to terminate the teacherÂ’s employment without penalty
on August 1 if the school board determines that the teacher is unable to resume
teaching responsibilities at the beginning of the next fall term. This
subsection applies to teachers whose employment is based either upon contract
or tenure, or both.
     (2) A district school board may release a teacher
from a contract by mutual agreement. No board is required to consider any
resignation not in writing. [Formerly 342.640; 1969 c.106 §1; 1977 c.860 §2;
1979 c.269 §1]
     342.550 [Repealed by 1965 c.100 §456]
     342.553
Suspension of teaching license for resigning without providing required notice;
appeal. (1) Any elementary
or secondary teacher who has entered into a contract to teach in any public
school and who resigns the position without first providing 60 daysÂ’ written
notice to the district superintendent or the notice required in the applicable
collective bargaining agreement may have the teaching license of the teacher
suspended for the remainder of the school year by the Teacher Standards and
Practices Commission upon notice of the resignation from the district school
board to the commission. The commission shall notify the teacher of the
suspension of the teaching license held by the teacher.
     (2) Any teacher whose teaching license has
been suspended under subsection (1) of this section may appeal to the Teacher
Standards and Practices Commission within 20 days after the date of the notice
of the suspension. The notice of appeal must be in writing and sent to the
Teacher Standards and Practices Commission not later than one day following the
20-day period. The Teacher Standards and Practices Commission shall fix the
earliest possible date for a hearing on the suspension and shall notify the
teacher and the district school board concerned. The decision of the Teacher
Standards and Practices Commission is final.
     (3) If an appeal is made to the Teacher
Standards and Practices Commission, suspension of the teaching license shall be
stayed until the Teacher Standards and Practices Commission reaches a decision.
[Formerly 342.645; 1975 c.258 §1]
     342.555 [Repealed by 1965 c.100 §456]
     342.560 [Amended by 1955 c.618 §1; 1965 c.100 §384;
renumbered 342.975]
     342.565 [Repealed by 1965 c.100 §456]
     342.570 [Repealed by 1965 c.100 §456]
     342.575 [Amended by 1955 c.618 §2; 1965 c.100 §385;
renumbered 342.980]
     342.580 [Repealed by 1965 c.100 §456]
     342.585 [Repealed by 1965 c.100 §456]
     342.590 [Repealed by 1963 c.544 §52]
     342.595 [Amended by 1953 c.392 §2; 1961 c.357 §1;
1963 c.211 §1; 1965 c.100 §375; 1975 c.431 §1; repealed by 1977 c.860 §5]
     342.596 [1957 c.457 §1; 1963 c.122 §1; 1965 c.100 §376;
1965 c.183 §1; 1977 c.860 §3; 1991 c.599 §1; renumbered 332.507 in 1993]
     342.598 [1965 c.254 §1; renumbered 332.432 in 1993]
     342.599 [1977 c.826 §3; repealed by 1993 c.45 §180]
     342.600 [Amended by 1955 c.101 §2; 1961 c.439 §12;
1963 c.544 §50a; 1965 c.100 §378; 1965 c.216 §1; repealed by 1967 c.67 §13
(342.601 enacted in lieu of 342.600)]
     342.601 [1967 c.67 §14 (enacted in lieu of 342.600);
1975 c.278 §8; 1975 c. 770 §48a; 1981 c.128 §1 repealed by 1983 c.187 §1]
     342.602 [Formerly 342.065; 1965 c.100 §379; repealed
by 1973 c.458 §3]
TERMS AND
CONDITIONS OF EMPLOYMENT OF SCHOOL PERSONNEL
     342.603
Administrators; employment contract; health benefits; restrictions. (1) As used in this section:
     (a) “Administrator” means a person who is
employed as an administrator or is performing administrative duties, regardless
of whether the person is required to have a license, and includes but is not
limited to superintendents, assistant superintendents and business managers.
     (b) “Administrator” does not include a
person who is subject to ORS 342.805 to 342.937.
     (2) A school district, education service
district or public charter school shall:
     (a) Enter into an employment contract,
with each administrator, that has provisions that cover the duration of the
contract, conditions for contract termination and extension and conditions for
employee resignation; and
     (b) Have the current employment contract
for each administrator on file in the central office of the district or school.
     (3) Except as provided in subsection (4)
of this section, a school district, education service district or public
charter school may not enter into an employment contract with an administrator
that contains provisions that expressly obligate the district or school to
compensate the administrator for work that is not performed.
     (4) A school district, education service
district or public charter school may provide health benefits for an
administrator who is no longer employed by the district or school until the
administrator:
     (a) Reaches 65 years of age; or
     (b) Finds new employment that provides
health benefits.
     (5) For a period of one year after the
termination of the contract between an administrator and a school district,
education service district or public charter school, the administrator may not:
     (a) Purchase property or surplus property
owned by the district or school; or
     (b) Use property owned by the district or
school in a manner other than the manner permitted for the general public in a
school district or education service district or at a public charter school. [2007
c.309 §1]
     Note: 342.603 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 342 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     342.604 [1971 c.519 §2; 1989 c.491 § 28; renumbered
332.534 in 1993]
     342.605 [Repealed by 1965 c.100 §456]
     342.608
Working hours for licensed personnel; duty-free lunch period required;
exception. (1) School boards
shall fix the working hours for full-time and part-time licensed staff members.
They shall direct that full-time staff members be provided a time for a
30-minute continuous duty-free lunch period during the regularly scheduled
lunch hours.
     (2) Any school principal who fails to
schedule a continuous 30-minute duty-free lunch period in accordance with this
section shall be guilty of neglect of duty under ORS 342.865.
     (3) No teacher shall by oral orders or
written agreement fail to receive a 30-minute lunch period.
     (4) School boards shall not be required to
employ special personnel to supervise students during lunch periods.
     (5) This section does not apply in school
buildings where fewer than three teachers are employed. [1971 c.201 §1]
     342.609 [1977 c.137 §1; renumbered 336.081 in 1993]
     342.610
Minimum salary for substitute teachers. (1) Teachers employed as substitute teachers shall not be paid less
per day than 85 percent of 1/190th of the salary of a beginning teacher who
holds a bachelorÂ’s degree. The salary of the substitute teacher shall be
computed as required in this subsection based on the statewide average salary
for beginning teachers who hold bachelorÂ’s degrees. The Department of Education
shall compute the statewide average salary to be used for purposes of this
subsection, using the latest data available to the department, but not data
from earlier than the preceding school year.
     (2) The school district shall set the
working hours for a substitute teacher, and, when employed, shall pay the
substitute teacher a salary which is no less than one-half of the daily minimum
salary as computed under subsection (1) of this section. However, if the
substitute teacher is employed for more than one-half day, the substitute
teacher shall receive a full dayÂ’s pay.
     (3)(a) Notwithstanding subsection (1) of
this section, teachers employed as substitute teachers for more than 10
consecutive days in any one assignment for the same teacher shall not be paid
after the 10th day of the assignment less per day than 100 percent of 1/190th
of the statewide average salary computed in subsection (1) of this section for
districts with no salary scale; or, for districts with a salary scale, the
higher of:
     (A) 1/190th of the employing school
districtÂ’s salary for a beginning teacher who holds a bachelorÂ’s degree; or
     (B) The statewide minimum per diem salary
as computed in subsection (1) of this section.
     (b) Used sick leave, whether paid or
unpaid, and weekends, school holidays and days when schools are closed by
weather or other conditions and when substitute teachers are not required to
appear in person at the school shall not be considered in determining
consecutive days for purposes of this subsection.
     (c) When substituting for a part-time
teacher, the part of the day worked by the substitute shall count as a full day
in determining consecutive days for purposes of this subsection.
     (4) Subsections (1) to (3) of this section
do not apply to substitute teachers represented in a bargaining unit in the
school district by which they are employed. [Amended by 1955 c.130 §1; 1957
c.262 c.1; 1965 c.100 §377; 1967 c.625 §1; 1971 c.536 §1; 1977 c.531 §1; 1979
c.167 §1; 1987 c.402 §1; 1991 c.198 §1; 1995 c.793 §1; 1999 c.706 §1]
     342.613
Contracts with teachers for return of part of salary prohibited. No district shall enter into a contract with
any teacher whereby the teacher shall return to the district any part of the
salary of the teacher. If any board and teacher enter into such contract, the
contract is void and the teacherÂ’s teaching license shall be revoked. [Formerly
342.525; 1967 c.67 §12]
     342.615 [Amended by 1965 c.100 §386; repealed by
1979 c.166 §1]
     342.617 [1985 c.585 §2; 1993 c.45 §184; renumbered
332.554 in 1993]
     342.620 [Repealed by 1979 c.166 §1]
     342.625 [Repealed by 1979 c.166 §1]
     342.630 [Repealed by 1965 c.100 §456]
     342.635 [Amended by 1957 c.443 §1; 1965 c.100 §369;
renumbered 342.513]
     342.640 [Amended by 1965 c.100 §373; 1965 c.163 §1;
renumbered 342.545]
     342.645 [Amended by 1953 c.36 §2; 1959 c.441 §1;
1965 c.100 §374; renumbered 342.553]
     342.650
Wearing of religious dress prohibited. No teacher in any public school shall wear any religious dress while
engaged in the performance of duties as a teacher. [Amended by 1965 c.100 §387]
     342.655
Sanctions against teacher violating ORS 342.650. Any teacher violating the provisions of ORS
342.650 shall be suspended or dismissed from employment by the district school
board. The suspension or dismissal is not subject to ORS 342.805 to 342.937.
The board shall report its action to the Teacher Standards and Practices
Commission which may suspend or revoke the teacherÂ’s teaching license. [Amended
by 1965 c.100 §388; 1987 c.503 §3]
     342.660 [Repealed by 1965 c.100 §456]
     342.663 [1969 c.266 §§1,2,3; 1993 c.45 §186;
renumbered 332.544 in 1993]
     342.665 [Amended by 1961 c.204 §1; repealed by 1965
c.100 §456]
     342.670 [Repealed by 1965 c.100 §456]
     342.675 [Repealed by 1965 c.100 §456]
     342.680 [Repealed by 1965 c.100 §456]
     342.685 [Repealed by 1965 c.100 §456]
SEXUAL
HARASSMENT
     342.700
Policy on sexual harassment; posting and availability of policy. It is the policy of the State of
     Note: 342.700 to 342.708 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter 342 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     342.704
Adoption of school district policies on sexual harassment required; contents;
rules. (1) The State Board
of Education shall adopt by rule minimum requirements for school district
policies on sexual harassment of students by staff and other students
including, but not limited to, requirements that:
     (a) All staff and students are subject to
the policies;
     (b) Sexual harassment of students
includes:
     (A) A demand for sexual favors in exchange
for benefits; and
     (B) Unwelcome conduct of a sexual nature
that has the purpose or effect of unreasonably interfering with a studentÂ’s
educational performance or that creates an intimidating, offensive or hostile
educational environment;
     (c) All complaints about behavior that may
violate the policy shall be investigated;
     (d) The initiation of a complaint in good
faith about behavior that may violate the policy shall not adversely affect the
educational assignments or study environment of the student; and
     (e) The student who initiated the
complaint and the studentÂ’s parents shall be notified when the investigation is
concluded.
     (2) The State Board of Education shall
adopt by rule minimum requirements for school district policies on sexual
harassment of staff by students and other staff including, but not limited to,
requirements that:
     (a) All staff and students are subject to
the policies;
     (b) Sexual harassment of staff includes:
     (A) A demand for sexual favors in exchange
for benefits; and
     (B) Unwelcome conduct of a sexual nature
that has the purpose or effect of unreasonably interfering with a staff personÂ’s
ability to perform the job or that creates an intimidating, offensive or
hostile work environment;
     (c) All complaints about behavior that may
violate the policy shall be investigated;
     (d) The initiation of a complaint in good
faith about behavior that may violate the policy shall not adversely affect any
terms or conditions of employment or work environment of the staff complainant;
and
     (e) The staff member who initiated the
complaint shall be notified when the investigation is concluded. [1997 c.272 §2]
     Note: See note under 342.700.
     342.708
ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and
remedies. Nothing in ORS
342.700 and 342.704 is intended to limit or operate as a prerequisite to
pursuing any rights or remedies provided under other statutes or the common
law. [1997 c.272 §3]
     Note: See note under 342.700.
     342.710 [1971 c.582 §1; repealed by 1973 c.536 §39]
     342.720 [1971 c.582 §§2,7; repealed by 1973 c.536 §39]
STEROIDS AND
PERFORMANCE-ENHANCING SUBSTANCES
     342.721
Definitions for ORS 342.723 and 342.726. As used in ORS 342.723 and 342.726:
     (1) “Anabolic steroid” includes any drug
or hormonal substance chemically or pharmacologically related to testosterone,
all prohormones, including dehydroepiandrosterone and all substances listed in
the Anabolic Steroid Control Act of 2004. “Anabolic steroid” does not include
estrogens, progestins, corticosteroids and mineralocorticoids.
     (2) “Performance-enhancing substance”
means a manufactured product for oral ingestion, intranasal application or
inhalation containing compounds that:
     (a) Contain a stimulant, amino acid,
hormone precursor, herb or other botanical or any other substance other than an
essential vitamin or mineral; and
     (b) Are intended to increase athletic
performance, promote muscle growth, induce weight loss or increase an
individualÂ’s endurance or capacity for exercise.
     (3) “School district employee” means:
     (a) An administrator, teacher or other
person employed by a school district;
     (b) A person who volunteers for a school
district; and
     (c) A person who is performing services on
behalf of a school district pursuant to a contract. [2007 c.395 §1]
     Note: 342.721, 342.723 and 342.726 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 342 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     342.723
Prohibitions on school district employees. A school district employee may not:
     (1) Knowingly sell, market or distribute
an anabolic steroid or performance-enhancing substance to a kindergarten
through grade 12 student with whom the employee has contact as part of the
employeeÂ’s school district duties; or
     (2) Knowingly endorse or suggest the
ingestion, intranasal application or inhalation of an anabolic steroid or
performance-enhancing substance by a kindergarten through grade 12 student with
whom the employee has contact as part of the employeeÂ’s school district duties.
[2007 c.395 §2]
     Note: Section 4, chapter 395, Oregon Laws 2007,
provides:
     Sec.
4. Prior to October 1, 2008,
the Department of Education shall report to the Governor and the interim
committees on education on the implementation of sections 2 and 3 of this 2007
Act [342.723 and 342.726]. [2007 c.395 §4]
     Note: See note under 342.721.
     342.726
Program on prevention and education; training. (1) The Department of Education shall
work in conjunction with voluntary organizations approved to administer
interscholastic activities under ORS 339.430 to develop and implement a program
for kindergarten through grade 12 students of evidence-based education to
prevent the use of anabolic steroids and performance-enhancing substances.
     (2) The department and school districts
shall include information on anabolic steroids and performance-enhancing
substances, including prevention strategies, strength-building alternatives and
the understanding of health food labels, in health and physical education
curricula.
     (3) The department shall ensure that
school districts are utilizing programs such as the Oregon Health and
     (4) The department shall require school
district employees who are coaches or athletic directors to receive training
once every four years on identifying the components of anabolic steroid abuse
and use and prevention strategies for the use of performance-enhancing
substances. [2007 c.395 §3]
     Note: See note under 342.721.
     Note: See note under 342.723.
     342.730 [1971 c.582 §3; repealed by 1973 c.536 §39]
     342.740 [1971 c.582 §4; repealed by 1973 c.536 §39]
     342.750 [1971 c.582 §5; repealed by 1973 c.536 §39]
     342.760 [1971 c.582 §6; repealed by 1973 c.536 §39]
     342.770 [1971 c.582 §8; repealed by 1973 c.536 §39]
     342.780 [1971 c.582 §9; repealed by 1973 c.536 §39]
     342.782 [1987 c.896 §14; 1989 c.187 §7; repealed by
1993 c.45 §187]
     342.784 [1987 c.896 §15; renumbered 329.790 in 1993]
     342.786 [1987 c.896 §§16, 28; 1989 c.187 §8; 1993
c.45 §189; renumbered 329.795 in 1993]
     342.788 [1987 c.896 §17; 1989 c.187 §9; 1993 c.45 §190;
renumbered 329.800 in 1993]
     342.790 [1987 c.896 §§18, 22; 1989 c.187 §10; 1993
c.45 §191; renumbered 329.805 in 1993]
     342.792 [1987 c.896 §19; 1993 c.45 §192; renumbered
329.810 in 1993]
     342.794 [1987 c.896 §20; 1989 c.187 §11; renumbered
329.815 in 1993]
     342.796 [1987 c.896 §21; 1991 c.67 §84; 1993 c.45 §193;
renumbered 329.820 in 1993]
     342.798 [1987 c.896 §23; repealed by 1989 c.187 §13]
ACCOUNTABILITY
FOR SCHOOLS FOR THE 21ST CENTURY LAW
     342.805
Short title. ORS 342.805 to
342.937 shall be known as the Accountability for Schools for the 21st Century
Law. [1965 c.608 §1; 1971 c.570 §2; 1977 c.881 §1; 1997 c.864 §26]
     342.815
Definitions for ORS 342.805 to 342.937. As used in ORS 342.805 to 342.937 unless the context requires otherwise:
     (1) Notwithstanding ORS 342.120, “administrator”
includes any teacher the majority of whose employed time is devoted to service
as a supervisor, principal, vice principal or director of a department or the
equivalent in a fair dismissal district but shall not include the
superintendent, deputy superintendent or assistant superintendent of any such
district or any substitute or temporary teacher employed by such a district.
     (2) “Board” means the board of directors
of a fair dismissal school district.
     (3) “Contract teacher” means any teacher
who has been regularly employed by a school district for a probationary period
of three successive school years, and who has been retained for the next
succeeding school year. The district school board may enter into agreements
that provide for a shorter probationary period of not less than one year for
teachers who have satisfied the three-year probationary period in another
     (4) “District superintendent” means the
superintendent of schools of a fair dismissal district or, in the absence of
the superintendent, the person designated to fulfill the superintendentÂ’s
functions.
     (5) “Fair dismissal district” means any
common or union high school district or education service district.
     (6) “Probationary teacher” means any
teacher employed by a fair dismissal district who is not a contract teacher.
     (7) “Program of assistance for improvement”
means a written plan for a contract teacher that with reasonable specificity:
     (a) Helps teachers adapt and improve to
meet changing demands of the Oregon Educational Act for the 21st Century in ORS
chapter 329 if applicable.
     (b) Identifies specific deficiencies in
the contract teacherÂ’s conduct or performance.
     (c) Sets forth corrective steps the
contract teacher may pursue to overcome or correct the deficiencies.
     (d) Establishes the assessment techniques
by which the district will measure and determine whether the teacher has
sufficiently corrected the deficiencies to meet district standards.
     (8) “Substitute teacher” means any teacher
who is employed to take the place of a probationary or contract teacher who is
temporarily absent.
     (9) Notwithstanding ORS 342.120, “teacher”
means any person who holds a teaching license or registration as provided in
ORS 342.125 or 342.144 or who is otherwise authorized to teach in the public
schools of this state and who is employed half-time or more as an instructor or
administrator.
     (10) “Temporary teacher” means a teacher
employed to fill a position designated as temporary or experimental or to fill
a vacancy which occurs after the opening of school because of unanticipated
enrollment or because of the death, disability, retirement, resignation,
contract nonextension or dismissal of a contract or probationary teacher. [1965
c.608 §2; 1971 c.570 §12; 1977 c.880 §1; 1977 c.881 §2; 1979 c.668 §1; 1981
c.299 §1; 1993 c.45 §194; 1997 c.864 §4; 1999 c.199 §11; 2001 c.653 §5]
     342.825 [1965 c.608 §3; 1973 c.298 §1; repealed by
1977 c.881 §8]
     342.835
Probationary teacher. (1) The
district board of any fair dismissal district may discharge or remove any
probationary teacher in the employ of the district at any time during a
probationary period for any cause considered in good faith sufficient by the
board. The probationary teacher shall be given a written copy of the reasons
for the dismissal, and upon request shall be provided a hearing thereon by the
board, at which time the probationary teacher shall have the opportunity to be
heard either in person or by a representative of the teacherÂ’s choice.
     (2) For any cause it may deem in good
faith sufficient, the district board may refuse to renew the contract of any
probationary teacher. However, the teacher shall be entitled to notice of the
intended action by March 15, and upon request shall be provided a hearing
before the district board. Upon request of the probationary teacher the board
shall provide the probationary teacher a written copy of the reasons for the
nonrenewal, which shall provide the basis for the hearing.
     (3) If an appeal is taken from any
hearing, the appeal shall be to the circuit court for the county in which the
headquarters of the school district is located and shall be limited to the
following:
     (a) The procedures at the hearing;
     (b) Whether the written copy of reasons
for dismissal required by this section was supplied; and
     (c) In the case of nonrenewal, whether
notice of nonrenewal was timely given. [1965 c.608 §4; 1971 c.570 §4; 1975
c.727 §1; 1979 c.714 §2; 1981 c.323 §1; 2007 c.251 §1]
     342.840
Determination of length of service for probationary teacher. For purposes of determining length of
service for a probationary teacher, a teacher employed for 135 consecutive days
in any school year shall receive credit for a full year of employment. At least
30 consecutive days of employment in the same district in a successive year
shall be sufficient to keep the service intact, and the teacher shall not lose
credit for previous probationary years served. [1981 c.299 §3]
     Note: 342.840 was enacted into law by the
Legislative Assembly and was added to 342.805 to 342.937 but was not added to
or made a part of any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
     342.845
Contract teacher; part-time contract teacher; effect of program transfer;
administrator contracts. (1)
A contract teacher shall not be subjected to the requirement of annual
appointment nor shall the teacher be dismissed or employed on a part-time basis
without the consent of the teacher except as provided in ORS 342.805 to
342.937.
     (2) Notwithstanding subsection (1) of this
section, a part-time contract teacher attains contract status at not less than
half-time but less than full-time and may be assigned within those limits by
the school district. The assignment of a contract part-time teacher is not
subject to the procedures specified in ORS 342.805 to 342.930. A contract
part-time teacher who accepts a full-time assignment shall be considered a
contract teacher for purposes of the assignment.
     (3) No teacher shall be deprived of
employment status solely because the duties of employment have been assumed or
acquired by another school district or education service district in a state
reorganization of a regional special education program. Where such reorganization
occurs, a teacher shall be transferred to the employment of the school district
or education service district which assumed or acquired program
responsibilities. The teacher shall be allowed to transfer accrued sick leave
and experience status to the new district. However, the district to which the
programs are transferred is obligated to hire displaced employees only to the
extent that such would complement a cost effective staffing plan in the
reorganized program.
     (4)(a) As used in this subsection:
     (A) “Juvenile detention education program”
means the Juvenile Detention Education Program, as defined in ORS 326.695.
     (B) “School district” means a school
district as defined in ORS 332.002, an education service district, a
state-operated school or any legally constituted combination of such entities.
     (b) No teacher shall be deprived of
employment status solely because the duties of employment have been assumed or
acquired by another school district or education service district pursuant to a
transfer of juvenile detention education program responsibilities to another
school district or education service district. Where such reorganization
occurs, a teacher shall be transferred to the employment of the school district
or education service district that assumed or acquired program
responsibilities. The teacher shall be allowed to transfer accrued sick leave,
seniority and status as a contract teacher. However, the district to which the
program is transferred is obligated to hire displaced teachers only to the
extent that such would complement a cost-effective staffing plan in the
reorganized program.
     (5)(a) An administrator shall serve a
probationary period that does not exceed three years, unless the administrator
and the school district mutually agree to a shorter time period. Following a
probationary period, an administrator shall be employed by a school district
pursuant to a three-year employment contract. An administrator may be dismissed
or have a reduction in pay during the term of a contract for any reason set
forth for dismissal of a teacher in ORS 342.865, or pursuant to ORS 342.934
(5). If an administrator is dismissed or has a reduction in pay during the term
of the contract, the administrator may appeal to the Fair Dismissal Appeals
Board in the same manner as provided for the appeal of a dismissal or a
nonextension of a contract teacher. An administrator may not appeal the
nonextension of a contract to the Fair Dismissal Appeals Board.
     (b) The administrator may be assigned and
reassigned at will during the term of the contract.
     (c) The district school board may elect
not to extend the administratorÂ’s contract for any cause the school board in
good faith considers sufficient. Prior to March 15 of the second year of the
administratorÂ’s contract, the school board shall take one of the following
actions:
     (A) Issue a new three-year contract
effective July 1 following the March 15 of the second year of the administratorÂ’s
contract;
     (B) Provide, in writing, notice that the
contract will not be renewed or extended; or
     (C) Extend the existing contract for a
period of not more than one year.
     (6) If an administrator receives notice of
contract nonextension prior to the expiration of the administratorÂ’s contract,
the administrator shall have the right to fill any vacant teaching position in
the district for which the contract administrator is licensed and competent as
defined in ORS 342.934, provided the administrator has three yearsÂ’ teaching
experience in Oregon that has been successful, in the judgment of the district
superintendent. [1965 c.608 §§5,6; 1977 c.880 §2; 1983 c.554 §1; 1983
s.s. c.1 §2; 1993 c.480 §2; 1997 c.864 §8; 2001 c.681 §9; 2007 c.858 §37]
     Note: The amendments to 342.845 by section 37,
chapter 858, Oregon Laws 2007, first apply to the 2008-2009 school year. See
section 41, chapter 858, Oregon Laws 2007. The text that applies prior to the
2008-2009 school year is set forth for the userÂ’s convenience.
     342.845. (1) A contract teacher shall not be
subjected to the requirement of annual appointment nor shall the teacher be
dismissed or employed on a part-time basis without the consent of the teacher
except as provided in ORS 342.805 to 342.937.
     (2) Notwithstanding subsection (1) of this
section, a part-time contract teacher attains contract status at not less than
half-time but less than full-time and may be assigned within those limits by
the school district. The assignment of a contract part-time teacher is not
subject to the procedures specified in ORS 342.805 to 342.930. A contract part-time
teacher who accepts a full-time assignment shall be considered a contract
teacher for purposes of the assignment.
     (3) No teacher shall be deprived of
employment status solely because the duties of employment have been assumed or
acquired by another school district or education service district in a state
reorganization of a regional special education program. Where such
reorganization occurs, a teacher shall be transferred to the employment of the
school district or education service district which assumed or acquired program
responsibilities. The teacher shall be allowed to transfer accrued sick leave
and experience status to the new district. However, the district to which the
programs are transferred is obligated to hire displaced employees only to the
extent that such would complement a cost effective staffing plan in the
reorganized program.
     (4)(a) As used in this subsection:
     (A) “Juvenile detention education program”
means the Juvenile Detention Education Program, as defined in ORS 326.695.
     (B) “School district” has the meaning
given that term in ORS 329.007.
     (b) No teacher shall be deprived of
employment status solely because the duties of employment have been assumed or
acquired by another school district or education service district pursuant to a
transfer of juvenile detention education program responsibilities to another
school district or education service district. Where such reorganization
occurs, a teacher shall be transferred to the employment of the school district
or education service district that assumed or acquired program
responsibilities. The teacher shall be allowed to transfer accrued sick leave,
seniority and status as a contract teacher. However, the district to which the
program is transferred is obligated to hire displaced teachers only to the
extent that such would complement a cost-effective staffing plan in the
reorganized program.
     (5)(a) An administrator shall serve a
probationary period that does not exceed three years, unless the administrator
and the school district mutually agree to a shorter time period. Following a
probationary period, an administrator shall be employed by a school district
pursuant to a three-year employment contract. An administrator may be dismissed
or have a reduction in pay during the term of a contract for any reason set
forth for dismissal of a teacher in ORS 342.865, or pursuant to ORS 342.934
(5). If an administrator is dismissed or has a reduction in pay during the term
of the contract, the administrator may appeal to the Fair Dismissal Appeals
Board in the same manner as provided for the appeal of a dismissal or a
nonextension of a contract teacher. An administrator may not appeal the
nonextension of a contract to the Fair Dismissal Appeals Board.
     (b) The administrator may be assigned and
reassigned at will during the term of the contract.
     (c) The district school board may elect
not to extend the administratorÂ’s contract for any cause the school board in
good faith considers sufficient. Prior to March 15 of the second year of the
administratorÂ’s contract, the school board shall take one of the following
actions:
     (A) Issue a new three-year contract
effective July 1 following the March 15 of the second year of the administratorÂ’s
contract;
     (B) Provide, in writing, notice that the
contract will not be renewed or extended; or
     (C) Extend the existing contract for a
period of not more than one year.
     (6) If an administrator receives notice of
contract nonextension prior to the expiration of the administratorÂ’s contract,
the administrator shall have the right to fill any vacant teaching position in
the district for which the contract administrator is licensed and competent as
defined in ORS 342.934, provided the administrator has three yearsÂ’ teaching
experience in Oregon that has been successful, in the judgment of the district
superintendent.
     342.850
Teacher evaluation; personnel file content; rules. (1) The district superintendent of every
school district, including superintendents of education service districts,
shall cause to have made at least annually but with multiple observations an
evaluation of performance for each probationary teacher employed by the
district. The purpose of the evaluation is to aid the teacher in making
continuing professional growth and to determine the teacherÂ’s performance of
the teaching responsibilities. Evaluations shall be based upon at least
two observations and other relevant information developed by the district.
     (2)(a) The district school board shall
develop an evaluation process in consultation with school administrators and
with teachers. If the districtÂ’s teachers are represented by a local bargaining
organization, the board shall consult with teachers belonging to and appointed
by the local bargaining organization in the consultation required by this
paragraph.
     (b) The district school board shall
implement the evaluation process that includes:
     (A) The establishment of job descriptions
and performance standards which include but are not limited to items included
in the job description;
     (B) A preevaluation interview which
includes but is not limited to the establishment of performance goals for the
teacher, based on the job description and performance standards;
     (C) An evaluation based on written
criteria which include the performance goals;
     (D) A post-evaluation interview in which:
     (i) The results of the evaluation are
discussed with the teacher; and
     (ii) A written program of assistance for
improvement is established, if one is needed to remedy any deficiency specified
in ORS 342.865 (1)(a), (d), (g) or (h); and
     (E) The utilization of peer assistance
whenever practicable and reasonable to aid teachers to better meet the needs of
students. Peer assistance shall be voluntary and subject to the terms of any
applicable collective bargaining agreement. No witness or document related to
the peer assistance or the record of peer assistance shall be admissible in any
proceeding before the Fair Dismissal Appeals Board, or in a probationary
teacher nonrenewal hearing before a school board under ORS 342.835, without the
mutual consent of the district and the teacher provided with peer assistance.
     (c) Nothing in this subsection is intended
to prohibit a district from consulting with any other individuals.
     (3) Except in those districts having an
average daily membership, as defined in ORS 327.006, of fewer than 200
students, the person or persons making the evaluations must hold teaching
licenses. The evaluation shall be signed by the school official who supervises
the teacher and by the teacher. A copy of the evaluation shall be delivered to
the teacher.
     (4) The evaluation reports shall be
maintained in the personnel files of the district.
     (5) The evaluation report shall be placed
in the teacherÂ’s personnel file only after reasonable notice to the teacher.
     (6) A teacher may make a written statement
relating to any evaluation, reprimand, charge, action or any matter placed in
the teacherÂ’s personnel file and such teacherÂ’s statement shall be placed in
the personnel file.
     (7) All charges resulting in disciplinary
action shall be considered a permanent part of a teacherÂ’s personnel file and
shall not be removed for any reason. A teacher shall have the right to attach
the teacherÂ’s response, or other relevant documents, to any document included
under this subsection.
     (8) The personnel file shall be open for
inspection by the teacher, the teacherÂ’s designees and the district school
board and its designees. District school boards shall adopt rules governing
access to personnel files, including rules specifying whom school officials may
designate to inspect personnel files.
     (9) A program of assistance for
improvement or evaluation procedure shall not be technically construed, and no
alleged error or unfairness in a program of assistance for improvement shall
cause the overturning of a dismissal, nonextension of contract, nonrenewal of
contract or other disciplinary action unless the contract teacher suffered a
substantial and prejudicial impairment in the teacherÂ’s ability to comply with
school district standards. [1971 c.570 §5; 1973 c.298 §3; 1973 c.458 §1; 1977
c.881 §3; 1979 c.598 §1; 1979 c.668 §2a; 1987 c.663 §1; 1989 c.491 §29; 1997
c.864 §9]
     342.855 [1965 c.608 §8; repealed by 1971 c.570 §15]
     342.865
Grounds for dismissal or contract nonextension of contract teacher. (1) No contract teacher shall be dismissed
or the teacherÂ’s contract nonextended except for:
     (a) Inefficiency;
     (b) Immorality;
     (c) Insubordination;
     (d) Neglect of duty, including duties
specified by written rule;
     (e) Physical or mental incapacity;
     (f) Conviction of a felony or of a crime
according to the provisions of ORS 342.143;
     (g) Inadequate performance;
     (h) Failure to comply with such reasonable
requirements as the board may prescribe to show normal improvement and evidence
of professional training and growth; or
     (i) Any cause which constitutes grounds
for the revocation of such contract teacherÂ’s teaching license.
     (2) In determining whether the
professional performance of a contract teacher is adequate, consideration shall
be given to regular and special evaluation reports prepared in accordance with
the policy of the employing school district and to any written standards of
performance which shall have been adopted by the board.
     (3) Suspension or dismissal on the grounds
contained in subsection (1)(e) of this section shall not disqualify the teacher
involved for any of the disability benefits provided in ORS chapter 238, or any
of the benefits provided in ORS 332.507.
     (4) Dismissal under subsection (1)(f) of
this section shall remove the individual from any school district policies,
collective bargaining provisions regarding dismissal procedures and appeals and
the provisions of ORS 342.805 to 342.937. [1965 c.608 §§9,19; 1973 c.298 §4;
1977 c.860 §4; 1981 c.569 §1; 1995 c.446 §10; 1997 c.249 §104; 1997 c.864 §10;
1999 c.130 §8]
     342.875
Suspension; reinstatement.
Whenever a district superintendent has reason to believe that cause exists for
the dismissal of a contract teacher on any ground specified in ORS 342.865
(1)(b) to (f), and when the district superintendent is of the opinion that
immediate suspension of the teacher is necessary for the best interest of
education in the district, the district superintendent may suspend a contract
teacher from the position without prior notice to the teacher. The teacherÂ’s
salary shall continue during the first five days of the suspension period.
However, within five days after such suspension becomes effective, either
procedure shall be commenced for the dismissal of the teacher pursuant to the
provisions of ORS 342.805 to 342.937 or the teacher must be reinstated. [1965
c.608 §7; 1971 c.570 §6; 1977 c.881 §4; 1997 c.864 §11]
     342.885 [1965 c.608 §10; repealed by 1973 c.298 §9]
     342.895
Contract teachers; procedure for dismissal or contract nonextension; appeal. (1) Contract teachers shall be employed by a
school district pursuant to two-year employment contracts.
     (2) Authority to dismiss or not extend a
contract teacher is vested in the district school board subject to the
provisions of the fair dismissal and contract extension procedures of ORS
342.805 to 342.937 and only after recommendation of the dismissal or
nonextension of contract is given to the district school board by the
superintendent.
     (3)(a) At least 20 days before recommending
to a board the dismissal of the contract teacher, the district superintendent
shall give written notice to the contract teacher by certified mail or
delivered in person of the intention to make a recommendation to dismiss the
teacher. The notice shall set forth the statutory grounds upon which the
superintendent believes such dismissal is justified, and shall contain a plain
and concise statement of the facts relied on to support the statutory grounds
for dismissal. If the statutory grounds specified are those specified in ORS
342.865 (1)(a), (c), (d), (g) or (h), then evidence shall be limited to those
allegations supported by statements in the personnel file of the teacher on the
date of the notice to recommend dismissal, maintained as required in ORS 342.850.
Notice shall also be sent to the district school board and to the Fair
Dismissal Appeals Board. A copy of ORS 342.805 to 342.937 shall also be sent to
the contract teacher.
     (b) If, after the 20-day notice required
by paragraph (a) of this subsection, the district school board takes action to
approve the recommendation for dismissal from the superintendent, the dismissal
takes effect on or after the date of the district school boardÂ’s action, as
specified by the board. Notice of the boardÂ’s action shall be given to the
contract teacher as soon as practicable by certified mail, return receipt
requested or in the manner provided by law for the service of a summons in a
civil action.
     (4)(a) Upon recommendation of the district
superintendent, the district school board may extend a contract teacherÂ’s
employment for a new two-year term by providing written notice to the teacher
no later than March 15 of the first year of the contract. Any new contract that
extends the teacherÂ’s employment for a new term shall replace any prior
contracts.
     (b) If the district school board does not
extend a contract teacherÂ’s contract by March 15 of the first year of the
contract, the district superintendent, or the superintendentÂ’s designee, shall
place the teacher on a program of assistance for improvement. The district
superintendent or the superintendentÂ’s designee may, in addition, place any
other teacher on a program of assistance for improvement if in the judgment of
the district superintendent or designee a program of assistance for improvement
is needed.
     (c) Provided that the district school
board has not extended the teacherÂ’s contract for a new two-year term, the
district board, upon recommendation of the superintendent, may elect by written
notice to the teacher no later than March 15 of the second year of the teacherÂ’s
contract not to extend the teacherÂ’s contract based on any ground specified in
ORS 342.865. A contract teacher whose contract is not extended may appeal the
nonextension to the Fair Dismissal Appeals Board.
     (5) Notwithstanding ORS 243.650 to 243.782
or the provisions of any collective bargaining agreement entered into after
August 15, 1997, no grievance or other claim of violation of applicable
evaluation procedures, or fundamental unfairness in a program of assistance for
improvement, shall be filed while a teacher is on a program of assistance. All
statutes of limitation and grievance timelines shall be tolled while the
subject claims are held in abeyance under this moratorium provision. Except as provided
in this subsection, the moratorium and tolling period ends on the date the
program of assistance for improvement is completed, not to exceed one year,
after which any claims subject to this provision may be pursued as otherwise
provided by law or contract. In the case of a contract teacher who does not
receive contract extension by March 15 of the first year of the teacherÂ’s
contract, the moratorium period shall last until the teacher receives notice of
contract extension or nonextension and no later than March 15 of the following
school year, or until the teacher receives notice of dismissal. A contract
teacher who is dismissed or receives notice of contract nonextension, and who
appeals to the Fair Dismissal Appeals Board, may raise any claims subject to
this moratorium provision before the Fair Dismissal Appeals Board, which shall
have jurisdiction to decide such claims. If the teacher does raise claims
covered by this moratorium provision in an appeal to the Fair Dismissal Appeals
Board, such appeal shall be the teacherÂ’s sole and exclusive remedy. If a
contract teacher does not appeal a contract nonextension or dismissal to the
Fair Dismissal Appeals Board but instead pursues contract grievances to
arbitration alleging a violation of evaluation procedures or fundamental
unfairness in a program of assistance for improvement, the arbitrator shall not
have authority to award reinstatement of the contract teacher, but may award
other remedies including but not limited to back pay, front pay, compensatory
damages and such further relief as the arbitrator deems appropriate. A program
of assistance for improvement shall not be technically construed, and no
alleged error or unfairness in a program of assistance shall cause the
overturning of a dismissal, nonextension of contract, nonrenewal of contract or
other disciplinary actions unless the contract teacher suffered a substantial
and prejudicial impairment in the teacherÂ’s ability to comply with school
district standards.
     (6) No teacher may be dismissed, laid off
or caused to suffer nonextension or nonrenewal of a contract based upon the
teacher’s salary placement or other compensation. [1965 c.608 §11; 1971 c.570 §7;
1973 c.298 §5; 1977 c.881 §5; 1979 c.668 §3; 1997 c.864 §12]
     342.905
Appeal procedure; arbitration as alternative. (1) If the district school board dismisses the teacher or does not
extend the contract of the contract teacher, the teacher or the teacherÂ’s
representative may appeal that decision to the Fair Dismissal Appeals Board
established under ORS 342.930 by depositing by certified mail addressed to the
Superintendent of Public Instruction and a copy to the superintendent of the
school district:
     (a) In the case of dismissal, within 10
days, as provided in ORS 174.120, after receipt of notice of the district
school boardÂ’s decision, notice of appeal with a brief statement giving the
reasons for the appeal.
     (b) In the case of a contract
nonextension, within 15 days, as provided in ORS 174.120, after receipt of the
written notice of nonextension of a contract, notice of appeal with a brief
statement giving the reasons for the appeal.
     (2)(a) As soon as practicable after the
time the notice of appeal is received by the Superintendent of Public
Instruction, the superintendent shall appoint a panel of three members from the
Fair Dismissal Appeals Board for the purpose of conducting a hearing. Insofar
as practicable, the panel shall be selected from those members of the board
serving in positions where the average daily membership as determined in ORS
342.930 most nearly coincides with that of the involved district. The panel
shall consist of:
     (A) One member from the category
representing district school board members;
     (B) One member from the category not
affiliated with common or union high school districts; and
     (C) One member from the category
representing teachers or administrators, as follows:
     (i) If the appeal is from a contract
teacher in a teaching position, the panel shall include the teacher member of
the board.
     (ii) If the contract teacher is in an
administrative position, an administrative member shall sit in place of the
teacher member.
     (b) The panel may not contain a member who
is a resident of the district that is bringing the dismissal or nonextension.
     (c) The Department of Education, at the
departmentÂ’s expense, shall provide to the panel appropriate professional and
other special assistance reasonably required to conduct a hearing. The panel
shall be empowered, on behalf of the contract teacher, the district
superintendent and the district school board, to subpoena and swear witnesses
and to require witnesses to give testimony and produce relevant evidence at or
prior to the hearing.
     (d) The executive secretary of the board
may issue subpoenas on behalf of a panel. A person subpoenaed under this
subsection may move to quash or modify the subpoena if it is oppressive or
unreasonable. The motion must be made before the time specified in the subpoena
for appearance or production of materials. The motion may be made to the
executive secretary or the panel.
     (e) In a case pending before a panel that
involves a teacherÂ’s performance at an Oregon Youth Authority facility, the
panel assigned to the case may submit to the Director of the Oregon Youth
Authority written questions that the panel unanimously agrees are relevant to
the case. The director shall respond to the panelÂ’s questions in writing within
20 days of the directorÂ’s receipt of the questions from the panel. If a
question by the panel seeks information that is not confidential or privileged
under
     (3) The Attorney General shall assign an
assistant, at no cost to either involved party, to advise the Fair Dismissal
Appeals Board, to be present at any hearing held by a panel, and to perform
those tasks at the request of the board that would normally require legal
training.
     (4) Within 10 days after receipt of the
notice of an appeal of contract nonextension, the district shall serve upon the
Fair Dismissal Appeals Board and the teacher a written statement of reason for
the contract nonextension, which shall include:
     (a) A plain and concise statement of the
facts relied on to support the statutory grounds for nonextension of the
contract;
     (b) The statutory grounds upon which the
district believes such contract nonextension is justified; and
     (c) A list of witnesses and documents upon
which the district will rely at hearing.
     (5)(a) At least 10 days prior to the
hearing, the teacher shall provide a list of witnesses and exhibits to the Fair
Dismissal Appeals Board panel and the school district.
     (b) The Fair Dismissal Appeals Board panel
shall hold a contested case hearing under ORS chapter 183 within 100 days of
the receipt by the teacher of notice of dismissal or of the statement of reasons
in the case of contract nonextension. No later than 140 days after the filing
of an appeal, consistent with due process, the Fair Dismissal Appeals Board
panel shall prepare and send a written decision to the contract teacher, the
district superintendent, the district school board and the Superintendent of
Public Instruction. The hearing shall be private unless the teacher requests a
public hearing. At the hearing, the district and the contract teacher shall
have the right to be present and be heard, to be represented by counsel, to
present evidence and cross-examine adverse witnesses and to offer evidence that
in the panelÂ’s judgment is relevant to the dispute. The panel may take all
reasonable steps to require the parties to conclude the hearing in an expeditious
manner.
     (6) When the Fair Dismissal Appeals Board
panel has completed its hearing, it shall prepare a written decision and send
it to the contract teacher, the district superintendent, the district school
board and the Superintendent of Public Instruction. The Fair Dismissal Appeals
Board panel shall determine whether the facts relied upon to support the
statutory grounds cited for dismissal or nonextension are true and
substantiated. If the panel finds these facts true and substantiated, it shall
then consider whether such facts, in light of all the circumstances and
additional facts developed at the hearing that are relevant to the statutory
standards in ORS 342.865 (1), are adequate to justify the statutory grounds
cited. In making such determination, the panel shall consider all reasonable
written rules, policies and standards of performance adopted by the school
district board unless it finds that such rules, policies and standards have
been so inconsistently applied as to amount to arbitrariness. The panel shall
not reverse the dismissal or nonextension if it finds the facts relied upon are
true and substantiated unless it determines, in light of all the evidence and
for reasons stated with specificity in its findings and order, that the dismissal
or nonextension was unreasonable, arbitrary or clearly an excessive remedy.
     (7)(a) Subject to subsection (6) of this
section and paragraph (b) of this subsection, if the Fair Dismissal Appeals
Board panel finds that the facts relied on to support the recommendation of the
district superintendent are untrue or unsubstantiated, or if true and
substantiated, are not adequate to justify the statutory grounds cited as
reason for the dismissal or nonextension, and so notifies the contract teacher,
the district superintendent, the district school board and the Superintendent
of Public Instruction, the teacher shall be reinstated and the teacher shall
receive such back pay as ordered by the Fair Dismissal Appeals Board panel for
the period between the effective date of the dismissal or nonextension and the
date of the order reinstating the teacher, or the date when the district
actually reinstates the teacher, whichever is later. However, nothing in this
section requires a school district to pay the teacher until the reinstatement
occurs if the district has other legal grounds for not reinstating the teacher.
     (b) So long as the right of the district
board under subsection (9) of this section and under ORS 183.480 and 183.500 to
judicial review of the action of the Fair Dismissal Appeals Board remains
unexpired, the district school board may withhold the reinstated teacher from
performance of teaching duties, unless otherwise ordered by the court having
jurisdiction of the appeal.
     (c) Subject to ORS 342.850 (9), if the
Fair Dismissal Appeals Board panel determines that the procedures described in
ORS 342.850 (2)(b)(A) to (D) have not been substantially complied with, the
teacher may be reinstated with back pay as provided in paragraph (a) of this
subsection.
     (8) Subject to subsection (6) of this
section, if the Fair Dismissal Appeals Board panel finds the facts relied on to
support the recommendation of the district superintendent true and
substantiated, and that those facts justify the statutory grounds cited as
reason for the dismissal or nonextension and so notifies the contract teacher,
the district superintendent, the district school board and the Superintendent
of Public Instruction in writing, the dismissal or nonextension becomes final
on the date of the notice.
     (9) An appeal from action of the Fair
Dismissal Appeals Board panel shall be taken in the manner provided in ORS
183.480.
     (10)(a) If both the district board and the
teacher or teacherÂ’s representative agree, arbitration may be used as an
alternative to a hearing before a Fair Dismissal Appeals Board panel to
determine if the teacherÂ’s dismissal or nonextension of a contract is in
compliance with the standards of ORS 342.805 to 342.910. If the teacher or
teacherÂ’s representative desires to use the arbitration procedure, the request
for arbitration shall be included in the request for appeal that is filed with
the Superintendent of Public Instruction under this section. Within 10 days of
the time the superintendent of the district is notified of the teacherÂ’s intent
to appeal the dismissal or nonextension of a contract, the superintendent of
the district shall notify the teacher or teacherÂ’s representative and the
Superintendent of Public Instruction as to whether the district has agreed to
use the arbitration procedure. If the district determines not to use the
arbitration procedure, the hearing procedure shall be continued under this
section in the same manner as if no request for arbitration had been made. If
the arbitration procedure is used, the teacher has no further rights to a
hearing before a Fair Dismissal Appeals Board panel.
     (b) The procedures for selection of the
arbitrator are those in the applicable collective bargaining agreement. If
there is no provision or agreement or if the agreement does not contain a
procedure for selection, the parties shall request a list of five arbitrators
from the Employment Relations Board and shall choose an arbitrator by
alternative striking of names until one name is left. The remaining person
shall act as the arbitrator. The Employment Relations Board shall compile a
roster of qualified arbitrators from which the lists are to be taken.
     (c) In determining whether the district
boardÂ’s dismissal or nonextension of the teacher should be sustained, the
arbitrator shall use the same reasons, rules and levels of evidence as are
required for the Fair Dismissal Appeals Board under ORS 342.805 to 342.910. [1965
c.608 §12; 1971 c.570 §8; 1973 c.298 §6; 1973 c.612 §14; 1977 c.223 §1; 1977
c.400 §5; 1977 c.881 §6; 1979 c.668 §4; 1987 c.663 §2; 1993 c.236 §1; 1993
c.237 §1; 1993 c.778 §28; 1997 c.864 §13; 2001 c.449 §1; 2003 c.798 §4]
     342.910
Waiver of contract grievance claim if appeal of dismissal decision filed;
waiver of certain rights and procedures. (1) Any teacher who files an appeal of a dismissal or nonextension of
a contract decision with the Fair Dismissal Appeals Board, upon motion of the
school district, shall be required to waive any contract grievance claim
regarding the same dismissal or nonextension of a contract as a condition to
Fair Dismissal Appeals Board or subsequent judicial review.
     (2) A school district and an exclusive
bargaining representative of teachers may agree to waive all or any part of the
rights and procedures provided under ORS 342.805 to 342.937 if third party
review of any dismissal or nonextension of a contract teacher is available. [1995
c.286 §16; 1997 c.864 §14]
     342.915 [1965 c.608 §13; 1971 c.570 §9; 1979 c.668 §5;
repealed by 1997 c.864 §29]
     342.925 [1965 c.608 §14; repealed by 1971 c.570 §15]
     342.930
Fair Dismissal Appeals Board; rules. (1) A Fair Dismissal Appeals Board is created, consisting of 20
members appointed by the Governor, subject to confirmation by the Senate as
provided in ORS 171.562 and 171.565. Five members shall be administrators in
common or union high school districts, five members shall be contract teachers,
five members shall be members of common or union high school district boards at
the time of their appointment and five members shall not be affiliated with any
common or union high school district. At least one member from each category
shall be resident of a school district with an average daily membership as
defined in ORS 327.006, of less than 1,500 students; one from each category
shall be resident of a school district containing from 1,500 to 4,500 students;
and one from each category shall be resident of a school district containing
over 4,500 students.
     (2) Except as provided in subsection (3)
of this section, the term of office of each member is four years, but a member
serves at the pleasure of the Governor. Before the expiration of the term of a
member, the Governor shall appoint a successor whose term begins on July 1 next
following. A member is eligible for reappointment. If there is a vacancy for
any cause, the Governor shall make an appointment to become immediately
effective for the unexpired term.
     (3) A member whose term has expired may
continue to serve for the following limited purposes:
     (a) To conduct a hearing and prepare a
written decision if the member was appointed to a panel in accordance with ORS
342.905 (2) before the expiration of the memberÂ’s term; or
     (b) To reconsider a decision if the member
served on the panel originally hearing an appeal and a motion for
reconsideration is filed prior to an appeal to the Court of Appeals.
     (4) The continued service of a member as
provided in subsection (3) of this section shall not prevent a successor from
taking office at the time prescribed in subsection (2) of this section.
     (5) Members shall be entitled to
compensation and expenses as provided in ORS 292.495 for each day or part
thereof during which they perform duties under ORS 342.805, 342.815, 342.835,
342.850, 342.875, 342.895 to 342.910 and this section, to be paid by the district
school board from which the appeal is taken. However, any member of the board
who would be entitled to receive a per diem except for being employed in
full-time public service may receive the payment if service on the board is
performed while the member is not under obligation to perform contractual
teaching or administrative duties.
     (6) The board shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such
offices as the board determines.
     (7) A majority of the members of the board
constitutes a quorum for the transaction of business.
     (8) In accordance with applicable
provisions of ORS chapter 183, the board may adopt rules necessary for the
administration of this section and ORS 342.905 and 342.910. [1971 c.570 §10;
1973 c.298 §7; 1977 c.881 §7; 1983 c.777 §1; 1985 c.216 §1; 1997 c.864 §14a;
2001 c.449 §2]
     342.934
Procedure for reduction of teacher staff due to funding or administrative
decision. (1) The procedure
for reduction in teacher staff positions resulting from the school districtÂ’s
lack of funds to continue its educational program at its anticipated level or
resulting from the districtÂ’s elimination or adjustment of classes due to
administrative decision shall be as provided in this section. However, nothing
in this section is intended to interfere with the right of a fair dismissal
district to discharge, remove or fail to renew the contract of a probationary
teacher pursuant to ORS 342.835.
     (2) The school district shall make every
reasonable effort to:
     (a) Transfer teachers of courses scheduled
for discontinuation to other teaching positions for which they are licensed and
qualified.
     (b) Combine teaching positions in a manner
which allows teachers to remain qualified so long as the combined positions
meet the curriculum needs of the district and the competence consideration
specified in subsection (4) of this section.
     (3) In determining teachers to be retained
when a school district reduces its staff under this section, the school
district shall:
     (a) Determine whether teachers to be
retained hold proper licenses at the time of layoff to fill the remaining
positions.
     (b) Determine seniority of teachers to be
retained, calculated from the first day of actual service as teachers with the
school district inclusive of approved leaves of absence. Ties shall be broken
by drawing lots.
     (c) Determine competence and merit of
teachers, if necessary, under subsection (4) of this section.
     (4) If a school district desires to retain
a teacher with less seniority than a teacher being released under this section,
the district shall determine that the teacher being retained has more
competence or merit than the teacher with more seniority who is being released.
     (5) An administrator shall retain status
and seniority as a contract teacher and voluntarily may return to teaching in a
reduction in staff situation. However, an administrator who was never employed
as a teacher in the district shall not be eligible to become a
nonadministrative teacher in the district if the effect is to displace a
nonadministrative contract teacher.
     (6) In consultation with its employees or,
for those employees in a recognized or certified collective bargaining unit,
with the exclusive bargaining representative of that unit, each school district
shall establish a procedure for recalling teachers to employment in the
district who have been released because of a prospective or actual reduction in
staff. The procedure so established shall define the criteria for recall and
the teacher shall have the right of recall thereunder for 27 months after the
last date of release by the district unless waived as provided in such
procedure by rejection of a specific position. A contract teacher who is
recalled shall retain the status obtained before the release. A probationary
teacher who is recalled shall have years taught for the district counted as if
the employment had been continuous for purposes of obtaining contract teacher status.
     (7) An appeal from a decision on reduction
in staff or recall under this section shall be by arbitration under the rules
of the Employment Relations Board or by a procedure mutually agreed upon by the
employee representatives and the employer. The results of the procedure shall
be final and binding on the parties. Appeals from multiple reductions may be
considered in a single arbitration. The arbitrator is authorized to reverse the
staff reduction decision or the recall decision made by the district only if
the district:
     (a) Exceeded its jurisdiction;
     (b) Failed to follow the procedure
applicable to the matter before it;
     (c) Made a finding or order not supported
by substantial evidence in the whole record; or
     (d) Improperly construed the applicable
law.
     (8) After August 15, 1997, a school
district shall not agree in any collective bargaining agreement to waive the
right to consider competence in making decisions about the order of reduction
in staff or recall of staff. Nothing in this subsection shall prevent a school
district and the exclusive bargaining representative from agreeing to
alternative criteria for competence determinations under this subsection so
long as the criteria ensure that all retained teachers are qualified for the
positions they fill. As used in this subsection, “qualified” means the
measurement of the teacherÂ’s ability to teach the particular grade level or
subject matter in which the teacher is placed after the reduction in force.
Qualifications shall be measured by more than seniority and licensure, but may
include other criteria that reasonably measure the teacherÂ’s fitness to teach
the relevant grade or subject level. Determinations of competence or
qualifications under this subsection may take into account requirements for any
special needs students.
     (9) As used in this section:
     (a) “Competence” means the ability to
teach a subject or grade level based on recent teaching experience related to
that subject or grade level within the last five years, or educational attainments,
or both, but not based solely on being licensed to teach. The district may
consider a teacherÂ’s willingness to undergo additional training or pursue
additional education in deciding upon questions of competence.
     (b) “Merit” means the measurement of one
teacherÂ’s ability and effectiveness against the ability and effectiveness of
another teacher. [1981 c.569 §3; 1983 s.s. c.1 §1; 1989 c.282 §1; 1993 c.480 §1;
1997 c.864 §15]
     342.935 [1965 c.608 §15; repealed by 1971 c.570 §15;
see 342.960]
     342.937
Reimbursement for teacher dismissal costs. The Superintendent of Public Instruction may reimburse any school
districts for all or part of the costs reasonably related to a dismissal of a
contract teacher or nonextension of a contract teacherÂ’s contract, or appeal
therefrom under ORS 342.805 to 342.937, provided that the school district is
the ultimate prevailing party. The superintendent may consider the school
districtÂ’s ability to pay the costs related to the dismissal or nonextension of
the contract teacher, and seek such funds from the Emergency Board as may be in
the superintendentÂ’s judgment necessary to carry out this provision. [1997
c.864 §6]
     342.945 [1965 c.608 §16; repealed by 1971 c.570 §15]
     342.955 [1965 c.608 §17; 1973 c.298 §8; 1979 c.861 §8;
repealed by 1987 c.898 §28]
     342.960 [1971 c.743 §359; see 342.935; repealed by
1973 c.298 §9]
MISCELLANEOUS
     342.961
Internal investigations of employee misconduct or wrongdoing. Notwithstanding any other law, a district
school board may conduct internal investigations of alleged employee misconduct
or wrongdoing at any time. [1997 c.864 §17]
     Note: 342.961 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 342 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     342.965
Interchange of teachers. A
district school board may provide for the interchange of teachers with school
districts of other states or countries. Teachers exchanged shall teach one
year, the yearÂ’s service outside the state being credited to them as service in
the district in which they are regularly employed when the interchange is made.
The salary of the
     342.970 [Formerly 342.520; repealed by 1993 c.45 §195]
     342.975 [Formerly 342.560; 1973 c.270 §16; 1977
c.783 §2; repealed by 1993 c.45 §196]
     342.980 [Formerly 342.575; 1967 c.67 §15; 1973 c.270
§17; repealed by 1993 c.45 §196]
     342.982 [1977 c.635 §7; renumbered 342.495]
     342.985
Qualifications to teach distance learning course. A person teaching a distance learning course
originating in
     (1) Have a teaching license issued by the
Teacher Standards and Practices Commission with the appropriate subject matter
endorsement; or
     (2) Be employed by a post-secondary
institution accredited by the Northwest Association of Schools and Colleges and
have the appropriate subject matter preparation. [1991 c.710 §3]
     342.990 [Repealed by 1965 c.100 §456]
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