ORS 342.173¹
Effect of employing certain persons
  • sanctions
  • rules

Any school district or education service district that employs any person not properly licensed or registered by the Teacher Standards and Practices Commission, or licensed by the commission but not assigned in accordance with rules of the commission, shall be subject to sanctions imposed by the commission. A sanction must be imposed according to rules adopted by the commission and is effective unless:

(1) The assignment is made with justification satisfactory to the commission.

(2) The person is employed as a teacher by a post-secondary institution that is accredited by the Northwest Commission on Colleges and Universities, or its successor, and that has a contract with a school district under which the person is teaching at the high school level. The contract shall be approved by the Teacher Standards and Practices Commission, including criteria for a person’s qualifications under paragraph (b) of this subsection. 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) Provide evidence that the person’s qualifications are appropriate for the assignment;

(c) Allow the person to teach no more than two high school units of credit or the equivalent per year; and

(d) Not be valid during a school closure, strike or summer session.

(3) The person is teaching an online course originating outside this state.

(4) The person is employed as provided by ORS 342.125 (Types of licenses) (2). [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; 2013 c.1 §39; 2015 c.245 §10; 2017 c.446 §3; 2018 c.72 §4]

Notes of Decisions

Compensa­tion received by noncertified substitute teachers for “in-service” days was improperly excluded by Teacher Standards and Practices Commission from forfeiture computa­tion under this sec­tion. Oregon Educ. Ass’n v. Eugene School Dist, 53 Or App 722, 633 P2d 28 (1981)

Reimburse­ment for mileage, meals and lodging expenses does not constitute salary under this sec­tion. Oregon Educ. Ass’n v. Eugene School Dist, 53 Or App 722, 633 P2d 28 (1981)

Atty. Gen. Opinions

Commission’s authority to require a coach to have a teaching certificate, (1975) Vol 37, p 778; non-certificated employes of private associa­tion con­ducting instruc­tional recrea­tion program of school district, (1977) Vol 38, p 1602; retroactive applica­tion of amend­ments to this sec­tion relating to employ­ment of non-certificated teaching per­sonnel or misassign­ment of certificated per­sonnel, (1979) Vol 40, p 26; 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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano342.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information