2017 ORS 342.120¹
Definitions for chapter

This section is amended
Effective April 3, 2018
Relating to education; creating new provisions; amending ORS 329.788, 336.095, 338.005, 338.035, 338.055, 338.065, 338.075, 338.105, 338.135, 338.155, 339.133, 342.120, 342.122, 342.125, 342.127, 342.173, 342.950 and 350.360 and section 8, chapter 327, Oregon Laws 2013, and section 2, chapter 756, Oregon Laws 2015; repealing ORS 350.365 and sections 5 and 7, chapter 690, Oregon Laws 2017; and declaring an emergency.

As used in this chapter, unless the context requires otherwise:

(1) “Administrator” includes but is not limited to all superintendents, assistant superintendents, principals and academic program directors in public schools or education service districts who have direct responsibility for supervision or evaluation of licensed teachers and who are compensated for their services from public funds.

(2) “Administrative license” means a license issued under ORS 342.125 (Types of licenses) (2)(f) or (g).

(3) “Approved educator preparation program” means a licensure program that is offered by an approved educator preparation provider and meets the standards of the Teacher Standards and Practices Commission.

(4) “Approved educator preparation provider” means an entity that meets the standards of the Teacher Standards and Practices Commission for preparation of licensed educators for preprimary programs through grade 12.

(5) “Instruction” includes preparation of curriculum, assessment and direction of learning in class, in small groups, in individual situations, online, in the library and in guidance and counseling, but does not include the provision of related services, as defined in ORS 343.035 (Definitions for chapter), to a child identified as a child with a disability pursuant to ORS 343.146 (Determination of eligibility for special education services) to 343.183 (Effect of school district failure to comply) when provided in accordance with ORS 343.221 (Special education required).

(6) “Instructional 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 Teacher Standards and Practices Commission.

(7) “Teacher” includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction or coordination of educational programs and who are compensated for their services from public funds. “Teacher” does not include a school nurse as defined in ORS 342.455 (Definition of “school nurse”) or an instructional assistant.

(8) “Teaching license” means a license issued under ORS 342.125 (Types of licenses) or 342.144 (American Indian languages teaching license).

(9) “Underrepresented person” means:

(a) A person having origins in any of the black racial groups of Africa, but who is not Hispanic;

(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 North America. [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; 2011 c.609 §4; 2015 c.647 §§6,36]

Notes of Decisions

The defini­tions in this sec­tion apply to ORS 342.513 (Renewal or nonrenewal of contracts for following year) and thus, plaintiff school superintendent was entitled to written notice of decision not to renew contract by April 1, 1981. Mitchell v. Board of Educa­tion of School Dist. 30-44-63J, 64 Or App 565, 669 P2d 356 (1983), Sup Ct review denied

Atty. Gen. Opinions

Effect of educa­tion service district’s employ­ment of noncertificated per­son as school psychologist, (1980) Vol 40, p 244

1 Legislative Counsel Committee, CHAPTER 342—Teachers and Other School Personnel, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors342.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano342.­html (2017) (last ac­cessed Mar. 30, 2018).
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.