ORS 342.930¹
Fair Dismissal Appeals Board
  • rules

(1) The Fair Dismissal Appeals Board is created, consisting of 24 members appointed by the Governor, subject to confirmation by the Senate as provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation).

(2)(a) The membership of the board shall be as follows:

(A) Six members must be administrators in common or union high school districts;

(B) Six members must be contract teachers;

(C) Six members must be members of common or union high school district boards at the time of their appointment; and

(D) Six members may not have any affiliation with any common or union high school district.

(b) One member from each category described in paragraph (a)(A) and (B) of this subsection may be retired prior to appointment if the member had been previously employed as an administrator or a contract teacher in this state.

(c) At least one member from each category described in paragraph (a) of this subsection must be resident of a school district so that each type of school district described below is represented:

(A) A school district with an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of less than 1,500 students;

(B) A school district with an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of 1,500 to 4,500 students; and

(C) A school district with an average daily membership, as defined in ORS 327.006 (Definitions for State School Fund distributions), of greater than 4,500 students.

(3) Except as provided in subsection (4) of this section, the term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member whose term has expired may continue to serve for the following limited purposes:

(a) To conduct a hearing and prepare a written decision if the member was appointed to a panel in accordance with ORS 342.905 (Appeal procedure) (2) before the expiration of the member’s term; or

(b) To reconsider a decision if the member served on the panel originally hearing an appeal and a motion for reconsideration is filed prior to an appeal to the Court of Appeals.

(5) The continued service of a member as provided in subsection (4) of this section shall not prevent a successor from taking office at the time prescribed in subsection (3) of this section.

(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) for each day or part thereof during which they perform duties under ORS 342.805 (Short title), 342.815 (Definitions for ORS 342.805 to 342.937), 342.835 (Probationary teacher), 342.850 (Teacher evaluation), 342.875 (Suspension), 342.895 (Contract teachers) to 342.910 (Waiver of contract grievance claim if appeal of dismissal decision filed) and this section, to be paid by the district school board from which the appeal is taken. However, any member of the board who would be entitled to receive a per diem except for being employed in full-time public service may receive the payment if service on the board is performed while the member is not under obligation to perform contractual teaching or administrative duties.

(7) The board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of such offices as the board determines.

(8) A majority of the members of the board constitutes a quorum for the transaction of business.

(9) In accordance with applicable provisions of ORS chapter 183, the board may adopt rules necessary for the administration of this section and ORS 342.905 (Appeal procedure) and 342.910 (Waiver of contract grievance claim if appeal of dismissal decision filed). [1971 c.570 §10; 1973 c.298 §7; 1977 c.881 §7; 1983 c.777 §1; 1985 c.216 §1; 1997 c.864 §14a; 2001 c.449 §2; 2013 c.18 §1]

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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