ORS 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 teacher’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]

Source: Section 342.835 — Probationary teacher, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

Notes of Decisions

Failure to follow notice and hearing procedure does not constitute lack of good faith. Jinkerson v. Lane County Sch. Dist. No. 19, 20 Or App 174, 531 P2d 289 (1975)

General rights defined in this section did not limit specific collective bargaining rights of employes delineated in ORS 243.672 and ORS 243.662, and fact that petitioner was probationary teacher did not preclude Employment Relations Board from finding that his nonrenewal constituted unfair labor practice. Harrison v. Central Linn School District, 34 Or App 221, 578 P2d 460 (1978), Sup Ct review denied

School board was not required to submit its dismissal of probationary teacher to arbitration where collective bargaining agreement did not expressly provide for this. Ostrer v. Pine-Eagle School Dist., 40 Or App 265, 594 P2d 1296 (1979)

Legislature intended that nonrenewed probationary teacher have opportunity to contest reasons for nonrenewal, that school board consider evidence in good faith before decision and that limited appeal to courts be provided. Henthorn v. Grand Prairie School Dist., 287 Or 683, 601 P2d 1234 (1979)

Probationary teacher could not bring cause of action for breach of contract in attempt to review school district’s substantive basis for his termination, as proper remedy in such case is by writ of review. Maddox v. Clackamas County School Dist. No. 25, 51 Or App 639, 626 P2d 924 (1981), aff’d as modified 293 Or 27, 643 P2d 1253 (1982)

Where petitioner received notice of renewal for fourth year by April 1 of third year, such notice did not immediately confer permanent status; teacher remains probationary after fourth-year renewal until completion of third year. Wesockes v. Powers Sch. Dist. No. 31, 57 Or App 652, 646 P2d 68 (1982). But see Smith v. Salem-Keizer School District, 188 Or App 237, 71 P3d 139 (2003), Sup Ct review denied

Violations of evaluation procedure under ORS 342.850, and public meeting law, ORS 192.640, are not “procedures at hearing” for purposes of appeal. Smith v. School Dist. No. 45, 63 Or App 685, 666 P2d 1345 (1983), Sup Ct review denied

342.120
Definitions for chapter
342.121
Teacher and administrator licensing
342.122
National Board Certification Fund
342.123
Knowledge of civil rights laws and ethical standards required
342.125
Types of licenses
342.127
Fees
342.130
Certain existing certificates and licenses not invalidated
342.136
Preliminary teaching license, personnel service license and administrative license
342.137
Distinguished teacher leader license
342.138
Professional teaching license, professional personnel service license and professional administrative license
342.143
Issuance of licenses and registrations
342.144
American Indian languages teaching license
342.147
Approval of educator preparation providers and educator preparation programs
342.153
Proficiency in Braille required for teaching license to provide education to blind students
342.165
Commission rules
342.173
Effect of employing certain persons
342.175
Grounds for discipline
342.176
Complaint process
342.177
Hearing and decision on charges
342.180
Appeal
342.183
Letters of informal reproval
342.192
Licensing requirements for out-of-state applicants
342.195
Teaching licenses based on experience in certain federal programs
342.200
Administrative licenses based on professional skills and experience
342.202
Administrator comprehensive leadership development system
342.203
Publication of list of teachers, administrators and teacher candidates subjected to discipline
342.208
Model career pathways for instructional assistants to become licensed teachers
342.223
Criminal records check
342.350
Commission established
342.360
Members
342.380
Organization
342.390
Meetings
342.410
Executive director
342.420
Member’s salary
342.425
Annual report on duties, powers and functions of commission
342.430
Teacher Standards and Practices Commission Account
342.433
Definitions for ORS 342.433 to 342.449
342.437
Goal
342.443
Reports of longitudinal data
342.447
Plans for recruitment, admission, retention and graduation of diverse educators
342.448
Reports related to implementation of Educators Equity Act
342.449
Short title
342.455
Definition of “school nurse.”
342.465
Rules
342.475
School nurses
342.485
Commission to consult with and advise Oregon State Board of Nursing on school nursing
342.495
Holder of school nurse certificate qualified to conduct and coordinate health services program
342.513
Renewal or nonrenewal of contracts for following year
342.521
Contracts with teachers for return of part of salary prohibited
342.545
Termination of teacher’s contract
342.549
Administrator contracts
342.553
Discipline for resigning without providing required notice
342.608
Working hours for licensed personnel
342.610
Minimum salary for substitute teachers
342.664
Required ratio of pupils to staff holders of first aid cards
342.700
Policy on sexual harassment
342.704
Adoption of policies on sexual harassment required
342.708
ORS 342.700 and 342.704 not limitation on or prerequisite for other rights and remedies
342.721
Definitions for ORS 342.723 and 342.726
342.723
Prohibitions on school district employees
342.726
Curricula to include information on steroids and performance-enhancing substances
342.805
Short title
342.815
Definitions for ORS 342.805 to 342.937
342.835
Probationary teacher
342.840
Determination of length of service for probationary teacher
342.845
Contract teacher
342.850
Teacher evaluation
342.856
Core teaching standards
342.865
Grounds for dismissal or contract nonextension of contract teacher
342.875
Suspension
342.895
Contract teachers
342.905
Appeal procedure
342.910
Waiver of contract grievance claim if appeal of dismissal decision filed
342.930
Fair Dismissal Appeals Board
342.934
Procedure for reduction of teacher staff due to funding or administrative decision
342.937
Reimbursement for teacher dismissal costs
342.940
Educator Advancement Council
342.943
System of educator networks
342.953
Educator Advancement Fund
342.961
Internal investigations of employee misconduct or wrongdoing
342.965
Interchange of teachers
342.971
Educator Preparation Improvement Fund
342.974
Oregon Education Support Professional of the Year Program
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