ORS 342.815
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]

Source: Section 342.815 — Definitions for ORS 342.805 to 342.937, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

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 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)

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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