ORS 342.840¹
Determination of length of service for probationary teacher

For purposes of determining length of service for a probationary teacher, a teacher employed for 135 consecutive days in any school year shall receive credit for a full year of employment. At least 30 consecutive days of employment in the same district in a successive year shall be sufficient to keep the service intact, and the teacher shall not lose credit for previous probationary years served. [1981 c.299 §3]

Note: 342.840 (Determination of length of service for probationary teacher) was enacted into law by the Legislative Assembly and was added to 342.805 (Short title) to 342.937 (Reimbursement for teacher dismissal costs) but was not added to or made a part of any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Third-year teacher serving 135-day period re­quired to receive credit for full year attains permanent teacher status upon comple­tion of 135-day period, not upon comple­tion of full school year. Axelsen v. Hillsboro Union High School District No. 3, 898 F. Supp. 719 (D. Or. 1995)

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 (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.
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