2007 ORS 342.553¹
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 days’ 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]

Notes of Decisions

This sec­tion does not require acceptance in order for resigna­tion to be effective. Pierce v. Douglas County Sch. Dist. No. 4, 297 Or 363, 686 P2d 332 (1984)

This sec­tion permits teacher to withdraw from contract without being found in breach, but did not allow acceptance of sub­se­quent contract with new condi­tions and keeping op­tion of later rejecting new condi­tions and relying on earlier ones. Siler v. Turnbull, 71 Or App 787, 693 P2d 1323 (1984)

1 Legislative Counsel Committee, CHAPTER 342—Teachers and Other School Personnel, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­342.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­342ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.