Contract teachers
- procedure for dismissal or contract nonextension
- appeal
Source:
Section 342.895 — Contract teachers; procedure for dismissal or contract nonextension; appeal, https://www.oregonlegislature.gov/bills_laws/ors/ors342.html
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See also annotations under ORS 342.508 in permanent edition.
Notes of Decisions
A witness otherwise qualified as an expert who himself has not furnished information or data found in the personnel file is not thereby disqualified as a witness under this section. Sch. Dist. 48 v. Fair Dismissal Appeals Bd., 14 Or App 634, 514 P2d 1114 (1973)
Where facts relied upon by school board to dismiss teacher were found by Fair Dismissal Appeals Board to be true, Board may not reverse school board action unless no reasonable school board could have regarded facts as sufficient to support statutory grounds for dismissal. Lincoln County School District v. Mayer, 39 Or App 99, 591 P2d 755 (1979), Sup Ct review denied
Where procedural prerequisites of this section were not followed in transfer of senior high school principals to positions as junior high school principals, relief should first have been sought from Fair Dismissal Appeals Board. Zollinger v. Warner, 286 Or 19, 593 P2d 1107 (1979)
Where reports of parental complaints were included in teacher’s personnel file, hearsay evidence was admissible in Fair Dismissal Appeals Board proceeding concerning teacher’s dismissal on grounds of “inadequate performance.” Vorm v. School Dist. No. 40, 45 Or App 225, 608 P2d 193 (1980)
Notice of dismissal must contain statement of facts which expressly sets out nexus between teacher’s conduct and teaching responsibilities or from which such connection may obviously be inferred and where notice informed teacher that acts constituting “gross unfitness” and “immorality” consisted of 12 instances of battery, 11 of which involved offensive sexual contact with student in district where respondent taught who was same approximate age as respondent’s students, nexus may obviously be inferred. Shipley v. Salem School Dist 24J, 64 Or App 777, 669 P2d 1172 (1983), Sup Ct review denied
Where formal notice procedure is not followed, district school board may not take action to dismiss teacher and period for appealing dismissal is tolled. Post v. Salem-Keizer School District, 334 Or 61, 45 P3d 116 (2002)
Moratorium on filing of grievances while teacher is on plan of assistance does not suspend processing of grievances pending at time plan of assistance commences. Lane Unified Bargaining Council v. South Lane School District 45J3, 334 Or 157, 47 P3d 4 (2002)
Law Review Citations
34 WLR 269 (1998)