2017 ORS 342.875¹
  • reinstatement

Whenever a district superintendent has reason to believe that cause exists for the dismissal of a contract teacher on any ground specified in ORS 342.865 (Grounds for dismissal or contract nonextension of contract teacher) (1)(b) to (f), and when the district superintendent is of the opinion that immediate suspension of the teacher is necessary for the best interest of education in the district, the district superintendent may suspend a contract teacher from the position without prior notice to the teacher. The teacher’s salary shall continue during the first five days of the suspension period. However, within five days after such suspension becomes effective, either procedure shall be commenced for the dismissal of the teacher pursuant to the provisions of ORS 342.805 (Short title) to 342.937 (Reimbursement for teacher dismissal costs) or the teacher must be reinstated. [1965 c.608 §7; 1971 c.570 §6; 1977 c.881 §4; 1997 c.864 §11]

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.