ORS 342.845
Contract teacher

  • part-time contract teacher
  • effect of program transfer
  • administrator contracts

(1)

A contract teacher shall not be subjected to the requirement of annual appointment nor shall the teacher be dismissed or employed on a part-time basis without the consent of the teacher except as provided in ORS 342.805 (Short title) to 342.937 (Reimbursement for teacher dismissal costs).

(2)

Notwithstanding subsection (1) of this section, a part-time contract teacher attains contract status at not less than half-time but less than full-time and may be assigned within those limits by the school district. The assignment of a contract part-time teacher is not subject to the procedures specified in ORS 342.805 (Short title) to 342.930 (Fair Dismissal Appeals Board). A contract part-time teacher who accepts a full-time assignment shall be considered a contract teacher for purposes of the assignment.

(3)

No teacher shall be deprived of employment status solely because the duties of employment have been assumed or acquired by another school district or education service district in a state reorganization of a regional special education program. Where such reorganization occurs, a teacher shall be transferred to the employment of the school district or education service district which assumed or acquired program responsibilities. The teacher shall be allowed to transfer accrued sick leave and experience status to the new district. However, the district to which the programs are transferred is obligated to hire displaced employees only to the extent that such would complement a cost effective staffing plan in the reorganized program.

(4)

Intentionally left blank —Ed.

(a)

As used in this subsection:

(A)

“Juvenile detention education program” means the Juvenile Detention Education Program, as defined in ORS 326.695 (Definitions for ORS 326.700 and 326.712).

(B)

“School district” means a school district as defined in ORS 332.002 (Definitions for chapter), an education service district, a state-operated school or any legally constituted combination of such entities.

(b)

No teacher shall be deprived of employment status solely because the duties of employment have been assumed or acquired by another school district or education service district pursuant to a transfer of juvenile detention education program responsibilities to another school district or education service district. Where such reorganization occurs, a teacher shall be transferred to the employment of the school district or education service district that assumed or acquired program responsibilities. The teacher shall be allowed to transfer accrued sick leave, seniority and status as a contract teacher. However, the district to which the program is transferred is obligated to hire displaced teachers only to the extent that such would complement a cost-effective staffing plan in the reorganized program.

(5)

Intentionally left blank —Ed.

(a)

An administrator shall serve a probationary period that does not exceed three years, unless the administrator and the school district mutually agree to a shorter time period. Following a probationary period, an administrator shall be employed by a school district pursuant to a three-year employment contract. An administrator may be dismissed or have a reduction in pay during the term of a contract for any reason set forth for dismissal of a teacher in ORS 342.865 (Grounds for dismissal or contract nonextension of contract teacher), or pursuant to ORS 342.934 (Procedure for reduction of teacher staff due to funding or administrative decision) (6). If an administrator is dismissed or has a reduction in pay during the term of the contract, the administrator may appeal to the Fair Dismissal Appeals Board in the same manner as provided for the appeal of a dismissal or a nonextension of a contract teacher. An administrator may not appeal the nonextension of a contract to the Fair Dismissal Appeals Board.

(b)

The administrator may be assigned and reassigned at will during the term of the contract.

(c)

The district school board may elect not to extend the administrator’s contract for any cause the school board in good faith considers sufficient. Prior to March 15 of the second year of the administrator’s contract, the school board shall take one of the following actions:

(A)

Issue a new three-year contract effective July 1 following the March 15 of the second year of the administrator’s contract;

(B)

Provide, in writing, notice that the contract will not be renewed or extended; or

(C)

Extend the existing contract for a period of not more than one year.

(6)

If an administrator receives notice of contract nonextension prior to the expiration of the administrator’s contract, the administrator shall have the right to fill any vacant teaching position in the district for which the contract administrator is licensed and competent as defined in ORS 342.934 (Procedure for reduction of teacher staff due to funding or administrative decision), provided the administrator has three years’ teaching experience in Oregon that has been successful, in the judgment of the district superintendent. [1965 c.608 §§5,6; 1977 c.880 §2; 1983 c.554 §1; 1983 s.s. c.1 §2; 1993 c.480 §2; 1997 c.864 §8; 2001 c.681 §9; 2007 c.858 §37; 2021 c.445 §3]

Source: Section 342.845 — Contract teacher; part-time contract teacher; effect of program transfer; administrator contracts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors342.­html.

Notes of Decisions

Where, prior to enactment of ORS 342.865 on July 20, 1973, school district transferred administrator to lower paying position as teacher as result of good faith reorganization of district, district had no duty to attempt to find administrative position for which he could qualify or to assign him to such position in preference to assigning him to classroom teaching position. Porter v. School District No. 24J, 31 Or App 987, 571 P2d 1286 (1977), Sup Ct review denied

Where permanent teacher submitted letter purporting to “resign” gymnastics coach duties but did not purport or intend to resign teaching or softball coach duties, school board’s treatment of letter as total resignation and acceptance of it was a “dismissal” and was without consent of the teacher. Babitzke v. Silverton Union High School, 72 Or App 153, 695 P2d 93 (1985), Sup Ct review denied

Youth correction facility providing state educational programs is not “school district.” Bain v. Willamette Education Service District, 170 Or App 689, 13 P3d 1021 (2000)

Where no appointment to new post or duty occurs, mere increase in amount of work to be performed is not assignment or reassignment. Folkers v. Lincoln County School District, 205 Or App 619, 135 P3d 373 (2006)

“Reduction in pay” means decrease in salary amount, not decrease in effective rate of pay. Folkers v. Lincoln County School District, 205 Or App 619, 135 P3d 373 (2006)

Attorney General Opinions

Seniority and status of permanent part-time teacher, (1980) Vol 41, p 71

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
Green check means up to date. Up to date

Current through early 2024

§ 342.845’s source at oregon​.gov