2015 ORS 342.815¹
Definitions for ORS 342.805 to 342.937

As used in ORS 342.805 (Short title) to 342.937 (Reimbursement for teacher dismissal costs) unless the context requires otherwise:

(1) Notwithstanding ORS 342.120 (Definitions for chapter), "administrator" includes any teacher the majority of whose employed time is devoted to service as a supervisor, principal, vice principal or director of a department or the equivalent in a fair dismissal district but shall not include the superintendent, deputy superintendent or assistant superintendent of any such district or any substitute or temporary teacher employed by such a district.

(2) "Board" means the board of directors of a fair dismissal school district.

(3) "Contract teacher" means any teacher who has been regularly employed by a school district for a probationary period of three successive school years, and who has been retained for the next succeeding school year. The district school board may enter into agreements that provide for a shorter probationary period of not less than one year for teachers who have satisfied the three-year probationary period in another Oregon school district.

(4) "District superintendent" means the superintendent of schools of a fair dismissal district or, in the absence of the superintendent, the person designated to fulfill the superintendent’s functions.

(5) "Fair dismissal district" means any common or union high school district or education service district.

(6) "Probationary teacher" means any teacher employed by a fair dismissal district who is not a contract teacher.

(7) "Program of assistance for improvement" means a written plan for a contract teacher that with reasonable specificity:

(a) Helps teachers adapt and improve to meet changing demands of the Oregon Educational Act for the 21st Century in ORS chapter 329 if applicable.

(b) Identifies specific deficiencies in the contract teacher’s conduct or performance.

(c) Sets forth corrective steps the contract teacher may pursue to overcome or correct the deficiencies.

(d) Establishes the assessment techniques by which the district will measure and determine whether the teacher has sufficiently corrected the deficiencies to meet district standards.

(8) "Substitute teacher" means any teacher who is employed to take the place of a probationary or contract teacher who is temporarily absent.

(9) Notwithstanding ORS 342.120 (Definitions for chapter), "teacher" means any person who holds a teaching license or registration as provided in ORS 342.125 (Types of licenses) or 342.144 (American Indian languages teaching license) or who is otherwise authorized to teach in the public schools of this state and who is employed half-time or more as an instructor or administrator.

(10) "Temporary teacher" means a teacher employed to fill a position designated as temporary or experimental or to fill a vacancy which occurs after the opening of school because of unanticipated enrollment or because of the death, disability, retirement, resignation, contract nonextension or dismissal of a contract or probationary teacher. [1965 c.608 §2; 1971 c.570 §12; 1977 c.880 §1; 1977 c.881 §2; 1979 c.668 §1; 1981 c.299 §1; 1993 c.45 §194; 1997 c.864 §4; 1999 c.199 §11; 2001 c.653 §5]

Notes of Decisions

Where school districts merge, reelec­tion re­quired to qualify teacher as permanent teacher in merged district means reelec­tion by merged district following comple­tion of succeeded-to employ­ment contract. Sittser v. School District No. 12, 25 Or App 163, 548 P2d 511 (1976), Sup Ct review denied

Arbitrator's order which reinstated teacher for "third proba­tionary year" which would in fact be her fourth year of employ­ment did not amount to award of permanent tenure since, under this sec­tion, only the district can confer tenure by an af­firm­a­tive act of reelec­tion. N. Clackamas Sch. Dist. v. N. Clackamas Educ. Assoc., 54 Or App 211, 634 P2d 1348 (1981)

Where peti­tioner was employed full-time as behind-the-wheel driving instructor during her first year of employ­ment, her employ­ment for that year was as "teacher" within meaning of this sec­tion. Humphreys v. Bethel Sch. Dist. 52, 54 Or App 867, 636 P2d 463 (1981)

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

Fair Dismissal Law does not, within meaning of this sec­tion, apply to district's termina­tion of teacher for not holding valid teaching certificate or because teacher otherwise is not authorized to teach. Wagenblast v. Crook County School District, 75 Or App 568, 707 P2d 69 (1985)

Terminated school district employe was "superintendent" within defini­tion of this sec­tion, Fair Dismissal Law did not apply to him, and FDAB correctly dismissed ap­peal for lack of jurisdic­tion. Babbitt v. Mari-Linn School Dist. No. 295, 94 Or App 161, 764 P2d 954 (1988), Sup Ct review denied

School year for purposes of identifying contract teacher is same as full year of employ­ment de­scribed in ORS 342.840 (Determination of length of service for probationary teacher) for purposes of identifying proba­tionary teacher. Smith v. Salem-Keizer School District, 188 Or App 237, 71 P3d 139 (2003), Sup Ct review denied

Law Review Cita­tions

34 WLR 269 (1998)

Notes of Decisions

Under these sec­tions a nontenured teacher may be entitled to a fair hearing. Vanderzanden v. Lowell Sch. Dist. 71, 369 F Supp 67 (1973)

The procedural require­ments contained in these sec­tions apply to all, or substantially all, nonper­sonal discharges of instructors and administrators and to the transfer of administrators. Schaaf v. Sch. Dist. No. 4J, 19 Or App 838, 529 P2d 943 (1974), Sup Ct review denied

Where senior high school principals were transferred to posi­tions as junior high school principals, allegedly in viola­tion of Fair Dismissal Law, ap­peal must first be made to Fair Dismissal Appeals Board and issuance of writ of mandamus by circuit court was improper. Zollinger v. Warner, 286 Or 19, 593 P2d 1107 (1979)

Law Review Cita­tions

16 WLR 409 (1979)


1 Legislative Counsel Committee, CHAPTER 342—Teachers and Other School Personnel, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors342.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano342.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.