2017 ORS 342.845¹
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)(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)(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) (5). 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]

Notes of Decisions

Where, prior to enact­ment of ORS 342.865 (Grounds for dismissal or contract nonextension of contract teacher) 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)

Atty. Gen. Opinions

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

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 342, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano342.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.