ORS 342.930
Fair Dismissal Appeals Board

  • rules

(1)

The Fair Dismissal Appeals Board is created, consisting of 24 members appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation).

(2)

Intentionally left blank —Ed.

(a)

The membership of the board shall be as follows:

(A)

Six members must be administrators in common or union high school districts;

(B)

Six members must be contract teachers;

(C)

Six members must be members of common or union high school district boards at the time of their appointment; and

(D)

Six members may not have any affiliation with any common or union high school district.

(b)

One member from each category described in paragraph (a)(A) and (B) of this subsection may be retired prior to appointment if the member had been previously employed as an administrator or a contract teacher in this state.

(c)

At least one member from each category described in paragraph (a) of this subsection must be resident of a school district so that each type of school district described below is represented:

(A)

A school district with an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of less than 1,500 students;

(B)

A school district with an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of 1,500 to 4,500 students; and

(C)

A school district with an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of greater than 4,500 students.

(3)

Except as provided in subsection (4) 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.

(4)

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 (Appeal procedure) (2) before the expiration of the member’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.

(5)

The continued service of a member as provided in subsection (4) of this section shall not prevent a successor from taking office at the time prescribed in subsection (3) of this section.

(6)

Members shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) for each day or part thereof during which they perform duties under ORS 342.805 (Short title), 342.815 (Definitions for ORS 342.805 to 342.937), 342.835 (Probationary teacher), 342.850 (Teacher evaluation), 342.875 (Suspension), 342.895 (Contract teachers) to 342.910 (Waiver of contract grievance claim if appeal of dismissal decision filed) 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.

(7)

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.

(8)

A majority of the members of the board constitutes a quorum for the transaction of business.

(9)

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 (Appeal procedure) and 342.910 (Waiver of contract grievance claim if appeal of dismissal decision filed). [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; 2013 c.18 §1]

Source: Section 342.930 — Fair Dismissal Appeals Board; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

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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